[Federal Register Volume 78, Number 18 (Monday, January 28, 2013)]
[Notices]
[Pages 5824-5826]
[FR Doc No: 2013-01630]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2013-0002; Internal Agency Docket No. FEMA-B-1283]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new

buildings and the contents of those buildings.

DATES: Comments are to be submitted on or before April 29, 2013.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location and the respective Community Map Repository address listed in
the tables below. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at www.msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1283, to
Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance
and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and also are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at http://floodsrp.org/pdfs/srp_fact_sheet.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location and
the respective Community Map Repository address listed in the tables.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
www.msc.fema.gov for comparison.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
             Madison County, Alabama, and Incorporated Areas
------------------------------------------------------------------------
 Maps Available for Inspection Online at: http://www.adeca.alabama.gov/Divisions/owr/floodplain/Pages/County-Status.aspx
------------------------------------------------------------------------
City of Huntsville.....................  308 Fountain Circle,
                                          Huntsville, AL 35801.
City of Madison........................  100 Hughes Road, Madison, AL
                                          35758.
Town of Gurley.........................  235 Walker Street, Gurley, AL
                                          35748.
Town of New Hope.......................  5496 Main Drive, New Hope, AL
                                          35760.
Town of Owens Cross Roads..............  2965 Old Highway 431, Owens
                                          Cross Roads, AL 35763.
Town of Triana.........................  Triana Town Hall, 640 Sixth
                                          Street, Madison, AL 35756.
Unincorporated Areas of Madison County.  Madison County Engineering
                                          Building, 814 Cook Avenue,
                                          Huntsville, AL 35801.
------------------------------------------------------------------------
           Montgomery County, Alabama, and Incorporated Areas
------------------------------------------------------------------------
 Maps Available for Inspection Online at: http://www.adeca.alabama.gov/Divisions/owr/floodplain/Pages/County-Status.aspx
------------------------------------------------------------------------
City of Montgomery.....................  103 North Perry Street,
                                          Montgomery, AL 36104.
Town of Pike Road......................  915 Meriweather Road, Pike
                                          Road, AL 36064.
Unincorporated Areas of Montgomery       Montgomery County Engineering
 County.                                  Dept, 3152 Rolling Circle
                                          Road, Montgomery, AL 36111.
------------------------------------------------------------------------
             Newton County, Georgia, and Incorporated Areas
------------------------------------------------------------------------
  Maps Available for Inspection Online at: www.georgiadfirm.com/status/mapmodStatus.html
------------------------------------------------------------------------
City of Covington......................  City Hall, 2194 Emory Street,
                                          Covington, GA 30015.
City of Oxford.........................  City Hall, 110 West Clark
                                          Street, Oxford, GA 30054.
City of Porterdale.....................  City Hall, 2400 Main Street,
                                          Porterdale, GA 30070.
Unincorporated Areas of Newton County..  Newton County GIS Department,
                                          1113 Usher Street, Suite 302,
                                          Covington, GA 30014.
------------------------------------------------------------------------

              Floyd County, Indiana and Incorporated Areas
------------------------------------------------------------------------
  1Maps Available for Inspection Online at: http://www.starr-team.com/starr/RegionalWorkspaces/RegionV/FloydCoIN/SitePages/Home.aspx.
------------------------------------------------------------------------
City of New Albany.....................  City Plan Commission, City-
                                          County Building, 311 Hauss
                                          Square, Room 329, New Albany,
                                          IN 47150.
Unincorporated Areas of Floyd County...  Pine View Government Center,
                                          2524 Corydon Pike, Suite 203,
                                          New Albany, IN 47150.
------------------------------------------------------------------------
             Newton County, Indiana, and Incorporated Areas
------------------------------------------------------------------------
  Maps Available for Inspection Online at: http://www.in.gov/dnr/water/6396.htm
------------------------------------------------------------------------
Town of Brook..........................  Town Hall, 112 West Main
                                          Street, Brook, IN 47922.
Town of Kentland.......................  Town Hall, 300 North Third
                                          Street, Kentland, IN 47951.
Unincorporated Areas of Newton County..  Newton County Government
                                          Center, Building Department,
                                          4117 South 240 West, Suite
                                          700, Morocco, IN 47963.
------------------------------------------------------------------------
            Bristol County, Massachusetts (All Jurisdictions)
------------------------------------------------------------------------
   Maps Available for Inspection Online at: www.starr-team.com/starr/RegionalWorkspaces/RegionI/NewBedford-FairhavenMAlevee/Preliminary%20Maps/Forms/AllItems.aspx
------------------------------------------------------------------------
City of New Bedford....................  City Hall, 133 William Street,
                                          New Bedford, MA 02740.
Town of Fairhaven......................  Town Hall, 40 Center Street,
                                          Fairhaven, MA 02719.
------------------------------------------------------------------------
            Norfolk County, Massachusetts (All Jurisdictions)
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.starr-team.com/starr/RegionalWorkspaces/RegionI/NorfolkCountyMAcoastal/Preliminary%20Maps/Forms/AllItems.aspx
------------------------------------------------------------------------
City of Quincy.........................  City Hall, 1305 Hancock Street,
                                          Quincy, MA 02169.
Town of Milton.........................  Town Office Building, 525
                                          Canton Avenue, Milton, MA
                                          02186.
------------------------------------------------------------------------
          Burleigh County, North Dakota, and Incorporated Areas
------------------------------------------------------------------------
   Maps Available for Inspection Online at: http://www.bakeraecom.com/index.php/north-dakota/burleigh/
------------------------------------------------------------------------
City of Bismarck.......................  221 North Fifth Street,
                                          Bismarck, ND 58501.
City of Lincoln........................  74 Santee Road, Lincoln, ND
                                          58504.
Unincorporated Areas of Burleigh County  Burleigh County Commission, 221
                                          North Fifth Street, Bismarck,
                                          ND 58501.
------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

James A. Walke,
Acting Deputy Associate Administrator for Mitigation, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2013-01630 Filed 1-25-13; 8:45 am]
BILLING CODE 9110-12-P


From:
Jones, DonnaLee<EMAIL_ADDRESS>Sent:
Friday, April 1, 2016 11:07 AM
To:
Raymond, Gabrielle<EMAIL_ADDRESS>Shappley, Ned<EMAIL_ADDRESS>Lowe, Theresa<EMAIL_ADDRESS>David Ailor<EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS>Cc:
Jones, DonnaLee<EMAIL_ADDRESS>Subject:
Enclosure 1 was missing page numbers so I have added these in here.

_____________________________________________________________
Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D 243-02) Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

<< Coke ICR-Enclosure 1-04-01-16P.docx >>
<< Coke ICR-Enclosure 2-04-01-16.doc >>
<< Coke-Enclosure-1-Questionnaire Answer File_ALL-Part_04 01 16.xlsx >>
<< Coke-Enclosure-2-Emission Test Data Answer File-04-01-16-DLJ.xlsx >>


[Federal Register Volume 86, Number 230 (Friday, December 3, 2021)]
[Notices]
[Pages 68711-68714]
[FR Doc No: 2021-26240]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93674; File No. SR-Phlx-2021-69]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Establish
Juneteenth National Independence Day as an Exchange Holiday and Give
the Exchange the Authority To Halt or Suspend Trading or Close Exchange
Facilities for Certain Unanticipated Closures

November 29, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on November 17, 2021, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to adopt a new Rule 1030, within General 3,
titled ``Member Access to the Exchange,'' to make Juneteenth National
Independence Day a holiday of the Exchange memorialize all current
Exchange holidays within General 3, Rule 1030, and to add a provision
to permit the Exchange the authority to halt or suspend trading or
close Exchange facilities for certain unanticipated closures.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/phlx/rules, 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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to adopt a new Rule 1030, within General 3,
titled ``Member Access to the Exchange,'' to make Juneteenth National
Independence Day a holiday. The Exchange also proposes to memorialize
all current holidays within General 3, Rule 1030, as well as add a
provision to permit the Exchange authority to halt or suspend trading
or close Exchange facilities for certain unanticipated closures.
    Today, the Exchange observes the following holidays: New Year's
Day, Martin Luther King, Jr. Day, Presidents' Day, Good Friday,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and
Christmas Day.\3\ Equity 2, Section 8 (Normal Business Hours) provides,
``The System operates from 8:00 a.m. to 5:00 p.m. Eastern. Time on each
business day, unless modified by the Exchange.'' \4\
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    \3\ See https://www.nasdaq.com/market-activity/stock-market-holiday-calendar.
    \4\ Additionally, Phlx Options 3, Section 1 (Hours of Business)
provides, ``The Board of Directors shall determine by resolution the
hours during which business may be transacted on the Exchange.''
---------------------------------------------------------------------------

    At this time, the Exchange also proposes to observe Juneteenth
National Independence Day, which was designated a legal public holiday
on June 17, 2021.\5\ Consistent with broad industry sentiment \6\ and
the approach recommended by the Securities Industry and Financial
Markets Association (``SIFMA''),\7\ the Exchange proposes to

add ``Juneteenth National Independence Day'' to the proposed list of
holidays within General 3, Rule 1030(a). As a result, the Exchange will
not be open for business on Juneteenth National Independence Day, which
falls on June 19 of each year, in addition to the other annual holidays
noted within proposed General 3, Rule 1030(a).
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    \5\ Public Law 117-17.
    \6\ See, e.g. https://www.wsj.com/articles/wall-street-moves-to-
close-markets-for-juneteenth-in-2022-
11626376243#:~:text=Stock%20and%20bond%20markets%20are,on%20a%20Sunda
y%20next%20year.
    \7\ SIFMA recommends a full market close in observance of
Juneteenth National Independence Day. See https://www.sifma.org/resources/general/holiday-schedule/#US.
---------------------------------------------------------------------------

    As is the case today for those annual holidays currently observed,
when a holiday observed by the Exchange falls on a Saturday, the
Exchange will not be open for business on the preceding Friday and when
any holiday observed by the Exchange falls on a Sunday, the Exchange
will not be open for business on the succeeding Monday, unless unusual
business conditions exist at the time.\8\ Proposed General 3, Rule
1030(a) would provide,
---------------------------------------------------------------------------

    \8\ For example, New Year's Day 2022 would not be observed
because January 1, 2022 falls on a Saturday and typically the last
day of the preceding year remains a full business day.
---------------------------------------------------------------------------

    The Exchange will be open for the transaction of business on
business days. The Exchange will not be open for business on New
Year's Day, Martin Luther King Jr. Day, Presidents' Day, Good
Friday, Memorial Day, Juneteenth National Independence Day,
Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
When a holiday observed by the Exchange falls on a Saturday, the
Exchange will not be open for business on the preceding Friday and
when any holiday observed by the Exchange falls on a Sunday, the
Exchange will not be open for business on the succeeding Monday,
unless unusual business conditions exist at the time.

When determining whether unusual business conditions exist in
connection with the observance of a holiday on the preceding Friday or
following Monday, or not observing the holiday, the Exchange would
coordinate with the securities industry. Proposed General 3, Rule
1030(a) is similar to Cboe BYX Exchange, Inc. (``CBOE BYX'') Rule
11.1(b) and Cboe Exchange, Inc. (``Cboe'') Rules 5.1(d) and 5.23(d).
The Exchange believes memorializing these annual holidays within its
rules will bring additional clarity to those observed holidays.
    Next, the Exchange proposes to add rule text within proposed
General 3, Rule 1030(b), similar to CBOE BYX Rule 11.1(c), which
states, ``The Chief Executive Officer of the Exchange shall have the
power to halt, suspend trading in any and all securities traded on the
Exchange, to close some or all Exchange facilities, and to determine
the duration of any such halt, suspension, or closing, when he or she
deems such action necessary for the maintenance of fair and orderly
markets, the protection of investors, or otherwise in the public
interest including special circumstances such as (1) actual or
threatened physical danger, severe climatic conditions, civil unrest,
terrorism, acts of war, or loss or interruption of facilities utilized
by the Exchange, (2) a request by a governmental agency or official, or
(3) a period of mourning or recognition for a person or event. No such
action shall continue longer than a period of two days, or as soon
thereafter as a quorum of the Board of Directors can be assembled,
unless the Board approves the continuation of such suspension.'' While
the Exchange would continue to submit a proposed rule change to the
Commission to amend the annual holidays within General 3, Rule 1030(a),
the Exchange proposes to give the Exchange the authority to halt or
suspend trading or close Exchange facilities for certain unanticipated
closures. Unanticipated closures are typically the result of natural
disasters, ad hoc National Holidays, disruptions of infrastructure, and
other unpredictable events that would cause the Exchange to close for
business. The Exchange would not utilize this authority routinely,
rather the authority is reserved for extraordinary circumstances where
there would not be sufficient time for the Exchange to file to amend
its rules. The Exchange notes that it would coordinate with the
industry in determining closures for these events.\9\ The Exchange
believes that it is necessary to have such authority in the
aforementioned cases as there may not be sufficient time to file a
proposed rule change. Additionally, these unanticipated closures would
not be recognized on an annual basis, rather these types of closures
would be ad hoc closures. The Exchange would provide notice to members
and member organizations of these unanticipated closures in addition to
continuing to post its annual holiday schedule on its website.
---------------------------------------------------------------------------

    \9\ The Options Clearing Corporation (``OCC'') has issued a
guide for such events. See OCC's Market Closing Guide (https://www.theocc.com/getmedia/8d6a36c6-1aa4-4984-9333-d7b0a6a09be7/unscheduled-market-closings-guide.pdf). See also DTCC Reference
Guide: Unscheduled Closing of Exchanges and Markets for Clearing
Agencies (https://www.dtcc.com/~/media/Files/Downloads/%20issues/
Unscheduled_Close.pdf).
---------------------------------------------------------------------------

    Finally, the Exchange proposes to add rule text at the end of
General 3, Section 1030(b) which states, ``The powers granted to the
Chief Executive Officer within paragraph (b) do not apply to paragraph
(a) or any other rule within the Exchange's Rulebook.'' The power of
the Chief Executive Officer to halt, suspend or close facilities of the
Exchange within paragraph (b) applies only to the circumstances noted
within that paragraph. The powers of the Chief Executive Officer do not
extend to paragraph (a) of General 3, Section 1030 or to any other
provision in the Rulebook, including but not limited to Options 3,
Section 1 or Equity 2, Section 8.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\10\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\11\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest by memorializing its current holidays within General 3, Rule
1030(a) and also providing the manner in which the Exchange would
handle holidays that fell on a Saturday or Sunday, unless unusual
business conditions exist. Today, the Exchange coordinates with the
securities industry with respect to annual holidays.
---------------------------------------------------------------------------

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

    Further, the Exchange's proposal to observe the Juneteenth National
Independence Day as an annual holiday is consistent with the Act.
Similar to other holidays listed within proposed General 3, Rule
1030(a), the rule text addresses what day would be taken off if June 19
fell on a Saturday or Sunday. The proposed rule also accounts for
unusual business conditions that may alter the observance of an annual
holiday or affect the day the holiday is observed. The Exchange notes
that when determining whether to utilize the unusual business
conditions provision, the Exchange would continue to coordinate with
the securities industry.
    The proposed rule promotes clarity and transparency by providing
the list of current annual holidays, as well as the proposed new
Juneteenth National Independence Day holiday, within its Rules. The
proposed changes do not raise any new or novel issues. For these
reasons, the Exchange believes that these aspects of the proposal are
consistent with the Act.
    Further, the Exchange's proposal to permit the Chief Executive
Officer to halt, suspend trading in any and all securities traded on
the Exchange, to close some or all Exchange facilities, and to
determine the duration of any such halt, suspension, or closing, when
he or she deems such action necessary for the maintenance of fair and
orderly

markets, the protection of investors, or otherwise in the public
interest including certain specified special circumstances is
consistent with the Act as the provision would permit the Exchange to
act in coordination with other exchanges within the securities industry
to close, as necessary, for natural disasters, ad hoc National
Holidays, disruptions of infrastructure, and other unpredictable
events. The Exchange would not utilize this authority routinely, rather
the authority is reserved for extraordinary circumstances \12\ where
there would not be sufficient time for the Exchange to file to amend
its rules. With this proposal, the Exchange's process of filing a
proposed rule change for any new annual holidays it determines to add
to the list of holidays within General 3, Rule 1030(a) would remain
unchanged. The proposed authority would permit the Exchange to close
the market on an ad hoc basis for an extraordinary event without the
need to file a proposed rule change; these unanticipated closures would
not be recognized on an annual basis. Today, the Exchange would utilize
emergency authority to close its market as a result of an extraordinary
circumstance.\13\ This amendment removes impediments to and perfects
the mechanism of a free and open market and a national market system by
allowing the Exchange to halt or suspend trading or close Exchange
facilities for unanticipated circumstances by providing notice to
members and member organizations in addition to continuing to post its
annual holiday schedule on its website.
---------------------------------------------------------------------------

    \12\ The special circumstances noted in proposed Rule 1030(b)
include, (1) actual or threatened physical danger, severe climatic
conditions, civil unrest, terrorism, acts of war, or loss or
interruption of facilities utilized by the Exchange, (2) a request
by a governmental agency or official, or (3) a period of mourning or
recognition for a person or event.
    \13\ See Phlx By-Law 7.5.
---------------------------------------------------------------------------

    The Exchange's proposal to add rule text at the end of General 3,
Section 1030(b) to make clear the power of the Chief Executive Officer
to halt, suspend or close facilities of the Exchange within paragraph
(b) applies only to the circumstances noted within that paragraph is
consistent with the Act as that rule text will clarify the scope of the
Chief Executive Officer's powers. Making clear the powers of the Chief
Executive Officer adds greater transparency to the proposed rule.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. Memorializing its current
holidays within General 3, Rule 1030(a) and describing the way holidays
are observed today that fall on a Saturday or Sunday, unless unusual
business conditions exist, does not impose an undue burden on
competition, rather the proposal brings clarity to the Exchange's
Rules. Moreover, adding Juneteenth National Independence Day to its
list of annual holidays within General 3, Rule 1030(a) will not impose
any burden on competition as the holiday aligns with broad industry
sentiment \14\ and the approach recommended by SIFMA. The Exchange
would continue to coordinate with the securities industry regarding the
observation of annual holidays.
---------------------------------------------------------------------------

    \14\ See note 6 above.
---------------------------------------------------------------------------

    Further, the Exchange's proposed changes to General 3, Rule 1030(b)
to permit the Chief Executive Officer to halt, suspend trading in any
and all securities traded on the Exchange, to close some or all
Exchange facilities, and to determine the duration of any such halt,
suspension, or closing, when he or she deems such action necessary for
the maintenance of fair and orderly markets, the protection of
investors, or otherwise in the public interest including certain
specified special circumstances does not impose an undue burden on
competition. The proposed authority would permit the Exchange to close
on an ad hoc basis for an extraordinary event without the need to file
a rule change by providing notice to members and member organizations
of these unanticipated closures. This would allow the Exchange to
continue to coordinate with the securities industry for unanticipated
closures. These proposed changes are not designed to address any
competitive issues and are consistent with existing rules of other
exchanges.\15\
---------------------------------------------------------------------------

    \15\ See Cboe BYX Rule 11.1(b) and (c) and Cboe Rules 5.1(d) and
5.23(d).
---------------------------------------------------------------------------

    The Exchange's proposal to add rule text at the end of General 3,
Section 1030(b) to make clear the power of the Chief Executive Officer
to halt, suspend or close facilities of the Exchange within paragraph
(b) applies only to the circumstances noted within that paragraph does
not impose an undue burden on competition, rather, the rule text will
make clear the powers of the Chief Executive Officer thereby adding
greater transparency to the proposed rule.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \16\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\17\
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \17\ 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.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the 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 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 protected]. Please include
File Number SR-Phlx-2021-69 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-Phlx-2021-69. This file

number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-Phlx-2021-69 and should be submitted on
or before December 27, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-26240 Filed 12-2-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: May 11, 2010 (Volume 75, Number 90)]
[Notices]
[Page 26344]
[DOCID:fr11my10-156]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Temporary Exclusion of the Assessment of Overflight Fees for
Humanitarian Flights Related to the January 12, 2010, Earthquake in
Haiti

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of determination by the FAA to exclude the assessment of
Overflight Fees for humanitarian flights in response to the earthquake
in Haiti.

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

SUMMARY: On January 12, 2010, the nation of Haiti was hit by a
devastating earthquake near the heaviest populated part of the country,
its capital, Port-au-Prince. Within hours, there was a significant
increase in the volume of air traffic in the area as the world
responded with many types of emergency relief and assistance. Since the
FAA is the International Civil Aviation Organization-designated
provider of air navigation services in much of the Caribbean just north
of Haiti and north and east of the Dominican Republic, many of these
humanitarian flights go through U.S.-controlled airspace and incur
charges by the FAA (known as ``Overflight Fees'') for the air
navigation services provided. This Notice advises all concerned of the
determination by the FAA to exclude temporarily from its Overflight Fee
bills any charges for humanitarian flights responding to the earthquake
in Haiti.

SUPPLEMENTARY INFORMATION: The FAA bills monthly for air navigation and
related services provided to certain aircraft as set out in 49 CFR part
187. The charge for these services, called Overflight Fees, is
typically billed on or about the 10th of each month. The FAA has
excluded from billing all flights in and out of Haiti during January
(after the date of the earthquake), February and March on the
presumption that the vast majority of such Haitian flights in the
immediate aftermath of the earthquake are humanitarian in nature.
Beginning with the invoices for the month of April, which are expected
to be issued during the week of May 10-14, 2010, the FAA will bill
flights to and from Haiti in the usual (pre-earthquake) manner.
Operators of humanitarian flights related to the earthquake may request
reconsideration of charges by the process described below.
    The FAA is also aware that there were numerous humanitarian flights
flown in response to the earthquake in and out of the Dominican
Republic and possibly other points in the Caribbean. Since the FAA
cannot determine by the track of such flights whether they were in fact
humanitarian flights for Haiti, all such flights have been billed for
Overflight Fees that are normally applicable. Reconsideration of such
fees for Haitian humanitarian flights may be requested as described
below.
    Any entity that has been billed an Overflight Fee for a flight that
was for humanitarian relief related to the earthquake in Haiti may
request a reconsideration of the applicable fee by submitting a written
statement to the FAA identifying the flight in question, providing an
explanation of the purpose of the flight and a certification that the
sole purpose of the flight was to provide aid or relief associated with
the earthquake. This documentation should be provided either by mail to
Federal Aviation Administration, Attn: Michelle Leissner, General
Accounting Division (AMZ-350), P.O. Box 25082, Oklahoma City, OK 73125,
USA or by e-mail to<EMAIL_ADDRESS>    The FAA intends to continue this process for reconsideration of
Overflight Fees billed to humanitarian flights related to the Haiti
earthquake for the foreseeable future, but may cease such
reconsideration at any time. If and when such a decision is made, the
FAA will provide notification with its monthly bills.

FOR FURTHER INFORMATION CONTACT: Mr. David Rickard, Manager, Financial
Analysis (AFC-300), FAA Office of Financial Controls, 800 Independence
Avenue, SW., Washington, DC 20591, or by e-mail at
<EMAIL_ADDRESS>
    Issued in Washington, DC on May 5, 2010.
Ramesh K. Punwani,
Assistant Administrator for Financial Services/CFO, Federal Aviation
Administration.
[FR Doc. 2010-11152 Filed 5-10-10; 8:45 am]
BILLING CODE 4910-13-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on April 4, 2007

July 21, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-2002-135275-20412

________________________________________________________________________
________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application  of NORTH AMERICAN AIRLINES, INC. (NORTH AMERICAN) filed
63/14/07 for:

XX  Renewal of exemption under 49 U.S.C. 40109 to provide the following
serviceRenewal of exemption for two years under 49 U.S.C. 40109 to
provide the following service:

Scheduled foreign air transportation of persons, property, and mail from
the United States, via intermediate points to points in Trinidad and
Tobago and beyond.

Applicant rep:  Malcolm L. Benge<PHONE_NUMBER>   DOT Analyst:  Linda
L. LundellThuy H. Cooper<PHONE_NUMBER>5423

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

XX  Granted route integration authority sua sponte (subject to
conditions, see below)

XX  Granted sua sponte waiver of advance filing requirement under Part
377

The above actions were effective when taken:   July 21, 2004  April 4,
2007, through July 21, 2006   April 4, 2009.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

XX   The authority granted is consistent with the aviation agreement
between the United States and Trinidad and Tobago.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

XX  Holder’s certificates of public convenience and necessity

	XX  Standard exemption conditions (attached)

________________________________________________________________________
___________________________________________________

Conditions: The authority granted to serve intermediate and beyond
points is limited to countries with which the United States has signed
open-skies agreements and/or countries for which North American holds
authority to serve under certificates or exemptions issued by the
Department, and for which it holds route integration authority by virtue
of either the present action or other action of the Department.

The route integration authority granted is subject to the condition that
any service provided under this exemption shall be consistent with all
applicable agreements between the United States and the foreign
countries involved.  Furthermore, (a) nothing in award of the route
integration authority granted should be construed as conferring upon
North American rights (including fifth-freedom intermediate and/or
beyond rights) to serve markets where U.S. carrier entry is limited
unless North American notifies the Department of its intent to serve
such a market and unless and until the Department has completed any
necessary carrier selection procedures to determine which carrier(s)
should be authorized to exercise such rights; and (b) should there be a
request by any carrier to use the limited-entry route rights that are
included in North American’s authority by virtue of the route
integration exemption granted here, but that are not then being used by
North American, the holding of such authority by route integration will
not be considered as providing any preference for North American in a
competitive carrier selection proceeding to determine which carrier(s)
should be entitled to use the authority at issue.

________________________________________________________________________
____________________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the application was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at: http://dms.dot.gov//reports/reports_aviation.aspU.S. Carrier
Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration, the Transportation Security Administration, and with all
applicable U.S. Government requirements concerning security, including,
but not limited to, 49 CFR Part 1544.  To assure compliance with all
applicable U.S. Government requirements concerning security, the holder
shall, before commencing any new service (including charter flights) to
or from a foreign airport, contact its International Principal Security
Inspector (IPSI) to advise the IPSI of its plans and to find out whether
the Transportation Security Administration has determined that security
is adequate to allow such airport(s) to be served;

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

11/2006

 North American’s renewal application was not timely filed under the
terms of 14
CFR㌠㜷ㄮ⠰⥣䤠桴楣捲浵瑳湡散⁳牰獥湥整Ɽ椠
据畬楤杮琠敨愠獢湥散漠灯潰楳楴湯琠潎瑲流牥
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慷癩牥漠桴摡慶据楦楬杮爠煥極敲敭瑮ഠ

hä


[Federal Register: October 17, 2007 (Volume 72, Number 200)]
[Notices]
[Page 58977-58980]
[DOCID:fr17oc07-139]

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Part IV

Environmental Protection Agency

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

Department of Health and Human Services

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

Food and Drug Administration

>----------------------------------------------------------------------

EPA Draft White Paper Regarding StarLink[reg] Corn Dietary
Exposure and Risk; Availability for Comment; Notice

Guidance for Industry on FDA Recommendations for Sampling and Testing
Yellow Corn and Dry-Milled Yellow Corn Shipments Intended for Human
Food Use for Cry9C Protein Residues; Comments on Possible Withdrawal;
Notice

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0832; FRL-8145-7]

EPA Draft White Paper Regarding StarLink[reg] Corn
Dietary Exposure and Risk; Availability for Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA is seeking comment on a draft White Paper that reviews
data on the level in the human food supply of Cry9C protein from
StarLink[reg] corn grain. It concludes that the protein has been
sufficiently removed from the human food supply to render the level of
risk low enough that continued testing for the protein in yellow corn
at dry mills and masa production facilities provides no added public
health protection. The White Paper therefore recommends that the Food
and Drug Administration (FDA) withdraw its guidance recommending
testing yellow corn grain for Cry9C at dry mills and masa production
facilities. Concurrent with this notice, the FDA is publishing for
comment a notice in the Federal Register that FDA is considering
withdrawing its guidance.

DATES: Comments must be received on or before December 3, 2007.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-0832, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-0832. EPA's policy is that all comments received will be included
in the 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 regulations.gov or e-
mail. The 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 regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket

Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the OPP

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

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

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are
anagricultural producer or food 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
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:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. 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.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

What Action is the Agency Taking?

    EPA is seeking comment on a draft White Paper that reviews data on
the level in the human food supply of Cry9C protein from
StarLink[reg] corn grain. It concludes that the protein has
been sufficiently removed from the human food supply to render the
level of risk low enough that continued testing for the protein in
yellow corn at dry mills and masa production facilities provides no
added public health protection. StarLink[reg] refers to a
variety of corn genetically engineered to express the protein Cry9C.
Because Cry9C is toxic to various insect pests of corn, Cry9C acts as a
pesticide and was regulated by the U.S. Environmental Protection Agency
(EPA or Agency) under the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act
(FFDCA). Under FIFRA and FFDCA, a company seeking to sell or distribute
a pesticide must submit data demonstrating that it will not cause
unreasonable adverse effects on the environment and that any residues
in food will be safe, i.e., there is a reasonable certainty that no
harm will result from aggregate exposure to the pesticide chemical
residue, including all anticipated dietary exposures and all other
exposures for which there is reliable information.
    Aventis Agroscience, Inc. (Aventis) submitted data on the safety of
StarLink[reg] and applied for approvals under FIFRA and
FFDCA. EPA concluded that the available data did not provide enough
information to support a conclusion that Cry9C was not a potential
human allergen, but that all other information indicated that it would
not pose any other types of risks to human health or the environment.
Accordingly, in 1998 EPA registered StarLink[reg] for
commercial use, provided that all grain derived from
StarLink[reg] corn was directed to domestic animal feed or
to industrial uses (e.g., biofuels). The intent of requiring all
StarLink[reg] to be segregated as either animal feed or for
industrial use was to preclude any occurrence of the potentially
allergenic Cry9C in human food. The registration contained several
specific requirements designed to ensure that no
StarLink[reg] grain entered the human food supply. Following
registration, relatively small quantities of StarLink[reg]
were planted in the United States: 9,018 acres in 1998, 247,694 acres
in 1999, and 350,000 acres in 2000, with the largest planting
representing less than half a percent of the total acreage planted to
corn in the United States.
    In September 2000, residues from StarLink[reg] were
detected in taco shells, indicating that it had entered the human food
supply. In response to these detections, Aventis requested cancellation
of the StarLink[reg] registration, http://www.epa.gov/fedrgstr/EPA-PEST/2001/January/Day-18/p1522.htm.
 In addition, working

with U.S. Department of Agriculture (USDA), Food and Drug
Administration (FDA), EPA, and the food industry, Aventis undertook a
program to remove all StarLink[reg] from the food supply.
Among other measures, FDA recommended that facilities engaged in the
dry milling or masa production of yellow corn test all incoming
shipments of yellow corn for the possible presence of Cry9C and that
they divert all shipments testing positive to domestic feed or
industrial use.
    At the same time, Aventis also requested that EPA reconsider its
position that the available data did not provide enough information to
support a conclusion that Cry9C was not a potential human allergen.
Aventis provided additional data and analysis to support its position
that the allergenic risks of Cry9C were very small. Most of the
arguments advanced by Aventis involved the assertion that exposure to
Cry9C was so low, especially after the full implementation of the
containment and removal program, that there would be no threat to
public health. In 2000 and 2001 EPA held a series of meetings of its
FIFRA Scientific Advisory Panel (SAP or Panel) to evaluate the
scientific issues raised by the new data, analysis, and arguments.
    Following the cancellation of the StarLink[reg]
registration, Aventis established a separate corporate entity, StarLink
Logistics Inc. (SLLI), as the successor to Aventis' interest in
StarLink[reg] products. SLLI oversees the
StarLink[reg]. Enhanced Stewardship Program, through which
SLLI and the U.S. corn millers have continued the efforts to contain
and remove Cry9C from the human food supply. SLLI also maintains a
monitoring database containing the test results from more than 4
million tests from over 4 billion bushels of corn collected by dry
milling facilities and other corn handling operations. These tests were
carried out according to guidance developed by FDA and USDA's Grain
Inspection, Packers and Stockyards Administration (GIPSA), and the
federal government considers the data reliable.
    In 2005, SLLI commissioned Exponent, Inc., to prepare a new
exposure assessment of the levels of Cry9C present in the U.S. food
supply for submission to EPA. SLLI provided supplemental information in
2006 that updates the 2005 exposure assessment and that quantitatively
characterizes the impact of the monitoring and diversion program on
exposure to Cry9C. The USDA's Agricultural Research Service (ARS)
provided the analytical data on Cry9C concentrations in corn grain used
in Exponent's exposure analysis. In addition, the ARS provided results
from testing corn seeds from the 1970s and 1980s (that is, before Cry9C
was ever bioengineered into corn) for the possible presence of
naturally occurring Cry9C or other proteins that give a positive
reaction in the Cry9C test. GIPSA conducted additional testing to
verify the results of the ARS laboratory.
    The draft EPA White Paper concludes that the protein has been
sufficiently removed from the human food supply to render the level of
risk low enough that continued testing for the protein in yellow corn
at dry mills and masa production facilities provides no added public
health protection. The White Paper therefore recommends that FDA
withdraw its guidance recommending testing yellow corn grain for Cry9C
at dry mills and masa production facilities. A full copy of the draft
EPA White Paper is available in the docket and at http://www.epa.gov/pesticides/biopesticides/pips/star-link-white-paper.pdf
.

List of Subjects

    Environmental protection, Agricultural commodities, Pesticides and
pests.

    Dated: October 3, 2007.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.
[FR Doc. E7-20381 Filed 10-16-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register: April 30, 2007 (Volume 72, Number 82)]
[Rules and Regulations]
[Page 21119-21123]
[DOCID:fr30ap07-12]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 712 and 716

[EPA-HQ-OPPT-2005-0014 and EPA-HQ-OPPT-2005-0055; FRL-8124-9]
RIN 2070-AB08 and 2070-AB11

Removal of Two Chemical Substances from Preliminary Assessment
Information Reporting and Health and Safety Data Reporting Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: This direct final rule the removes chemical substances
phosphorotrithious acid, tributyl ester, CAS No. 150-50-5, and
phosphorodithioic acid, O,O-diethyl ester, sodium salt, CAS No. 3338-
24-7, which were inadvertently added to the list of voluntary High
Production Volume (HPV) Challenge Program orphan (unsponsored) chemical
substances by EPA. As a result, these chemical substances were
inadvertently added to two final rules: The Preliminary Assessment
Information Reporting (PAIR) rule (Toxic Substances Control Act (TSCA)
section 8(a)) and the Health and Safety Data Reporting rule (TSCA
section 8(d)), both published in the Federal Register issue of August
16, 2006. With this removal action, persons who manufacture (including
import) either of these two chemical substances are no longer subject
to the reporting requirements imposed by these TSCA section 8(a) and
8(d) rules.

DATES: This rule is effective on June 29, 2007 without further notice,
unless EPA receives adverse comment on or before May 30, 2007.

ADDRESSES: Submit your comments, identified by docket identification
(ID) numbers EPA-HQ-OPPT-2005-0014 and EPA-HQ-OPPT-2005-0055, by one of
the following methods:
      Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
      Mail: Document Control Office (7407M), Office of
Pollution Prevention and Toxics (OPPT), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.
      Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID Numbers EPA-HQ-OPPT-2005-0014 and EPA-HQ-OPPT-
2005-0055. The DCO is open from 8 a.m. to 4 p.m.,

Monday through Friday, excluding legal holidays. The telephone number
for the DCO is<PHONE_NUMBER>. Such deliveries are only accepted during
the DCO's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID numbers EPA-HQ-
OPPT-2005-0014 and EPA-HQ-OPPT-2005-0055. EPA's policy is that all
comments received will be included in the 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
regulations.gov or e-mail. The 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 regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the 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 at http://www.epa.gov/epahome/dockets.htm
.

    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket

Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov web
site to view the docket index or access available documents. Although
listed in the index, some information is not publicly available, e.g.,
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 electronically at http://www.regulations.gov, or, if only

available in hard copy, at the OPPT Docket. The OPPT Docket is located
in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301
Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room
hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding Federal holidays. The telephone number of the EPA/DC Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPPT
Docket is<PHONE_NUMBER>. Docket visitors are required to show
photographic identification, pass through a metal detector, and sign
the EPA visitor log. All visitor bags are processed through an X-ray
machine and subject to search. Visitors will be provided an EPA/DC
badge that must be visible at all times in the building and returned
upon departure.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
    For technical information contact: Joe Nash, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you manufacture
(defined by statute to include import) either of the two chemical
substances listed in this direct final rule. Entities potentially
affected by this action may include, but are not limited to:
     Chemical manufacturers (including importers), (NAICS codes
325, 32411), e.g., persons who manufacture (defined by statute to
include import) one or more of the subject chemical substances.
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. 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 technical person listed under FOR FURTHER
INFORMATION CONTACT.

B. How Can I Access Electronic Copies of this Document?

    In addition to accessing an electronic copy of this Federal
Register document through the electronic docket at http://www.regulations.gov
, you may access this ``Federal Register'' document

electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr. Frequently updated electronic

versions of 40 CFR parts 712 and 716 are available through the
Government Printing Office's pilot e-CFR site at http://www.gpoaccess.gov/ecfr
.

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

     1. Submitting CBI. Do not submit this information to EPA through
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
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:
     i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
     ii. 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.
     iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
     iv. Describe any assumptions and provide any technical information
and/or data that you used.
     v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     vi. Provide specific examples to illustrate your concerns and
suggest alternatives.

     vii. Explain your views as clearly as possible, avoiding the use
of profanity or personal threats.
     viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

A. What Action is the Agency Taking?

    The chemical substances phosphorotrithious acid, tributyl ester,
CAS No. 150-50-5, and phosphorodithioic acid, O,O-diethyl ester, sodium
salt, CAS No. 3338-24-7, are being removed from the table in 40 CFR
712.30(e) of the TSCA section 8(a) PAIR rule published in the Federal
Register of August 16, 2006 (Ref. 1), and the table in 40 CFR
716.120(d) of the TSCA section 8(d) Health and Safety Data Reporting
rule published in the Federal Register of August 16, 2006 (Ref. 2). On
August 16, 2006, EPA published a final PAIR rule under TSCA section
8(a) (40 CFR part 712), which requires manufacturers (including
importers) of chemical substances in the category of voluntary HPV
Challenge Program orphan (unsponsored) chemical substances on the ITC's
TSCA section 4(e) Priority Testing List to submit a one-time report on
general production/importation volume, end use, and exposure-related
information to EPA. Also on August 16, 2006, EPA published a final
Health and Safety Data Reporting rule under TSCA section 8(d) (40 CFR
part 716), which requires manufacturers (including importers) of
chemical substances in this category of voluntary HPV Challenge Program
orphan (unsponsored) chemical substances to submit certain unpublished
health and safety data to EPA. On September 15, 2006, EPA published a
final rule (Ref. 3) that revised the effective date of the two rules
published on August 16, 2006. The effect of this action is that persons
who manufacture (including import) either of the two chemical
substances are not subject to the reporting requirements imposed by the
final TSCA section 8(a) and 8(d) rules published on August 16, 2006,
and the rule published on September 15, 2006 (Ref. 3), that changed the
effective date for these two rules.

B. What is the Agency's Authority for Taking This Action?

    EPA promulgated the PAIR rule under TSCA section 8(a) (15 U.S.C.
2607(a)), and it is codified at 40 CFR part 712. This model TSCA
section 8(a) rule establishes standard reporting requirements for
certain manufacturers (including importers) of the chemical substances
listed in the rule at 40 CFR 712.30. The final rule published by EPA on
August 16, 2006, amended the model TSCA section 8(a) rule by adding the
ITC category of certain voluntary HPV Challenge Program orphan
(unsponsored) chemical substances (Ref. 1).
    EPA promulgated the model Health and Safety Data Reporting rule
under TSCA section 8(d) (15 U.S.C. 2607(d)), and it is codified at 40
CFR part 716. The TSCA section 8(d) model rule requires past, current,
and prospective manufacturers, importers, and (if specified by EPA in a
particular notice or rule under TSCA section 8(d)) processors of listed
chemical substances to submit to EPA copies and lists of unpublished
health and safety studies on the listed chemical substances that they
manufacture, import, or (if specified by EPA in a particular notice or
rule under TSCA section 8(d)) process. The final rule published by EPA
on August 16, 2006, amended the model TSCA section 8(d) rule by adding
the ITC category of certain voluntary HPV Challenge Program orphan
(unsponsored) chemical substances (Ref. 2).

C. Why is EPA Using a Direct Final Rule?

    EPA is publishing this direct final rule without a prior proposed
rule because we view this as a non-controversial action and anticipate
no adverse comment. If EPA receives adverse comment, we will publish a
timely withdrawal in the Federal Register informing the public that the
direct final rule will not take effect. Any parties interested in
commenting must do so on or before May 30, 2007.

D. Why are These Two Chemical Substances Being Removed?

    The chemical substances phosphorotrithious acid, tributyl ester,
CAS No. 150-50-5, and phosphorodithioic acid, O,O-diethyl ester, sodium
salt, CAS No. 3338-24-7, were inadvertently added by EPA to the list of
HPV orphan orphan (unsponsored) chemical substances. This list was the
source of the category of ``Voluntary HPV Challenge Program orphan
(unsponsored) chemicals'' that was the subject of the TSCA section 8(a)
PAIR rule and TSCA section 8(d) Health and Safety Data Reporting rule
published in the Federal Register of August 16, 2006 (Refs. 1 and 2).
These two chemicals were originally sponsored in the HPV Challenge
Program by Bayer CropScience on March 15, 1999 (Ref. 4). Subsequently,
in a letter dated December 29, 2003, Bayer CropScience requested that
EPA ``designate the two chemicals as `no longer HPV' on the HPV
Challenge Program Chemical List'' because Bayer CropScience considered
the chemicals to be ``non-isolated intermediates'' (Ref. 5). In a
letter dated December 3, 2004, EPA responded that, based on a review of
the information submitted by Bayer CropScience, EPA had determined that
the two substances were ``isolated intermediates'' and, consequently,
did not meet the `no longer HPV' criteria and that ``they will remain
in the HPV Challenge Program and should continue to be reported'' (Ref.
6). In a letter dated December 15, 2005, Bayer CropScience clarified
the status of the two chemicals (Ref. 7). In that letter, Bayer
``recommit[ed] to sponsoring'' both chemicals in the HPV Challenge
Program and proposed to include the two chemicals into two categories.
This record demonstrates that Bayer CropScience did not withdraw its
commitment to sponsor these two chemicals in the HPV Challenge Program.
Consequently, EPA is removing these two chemicals from the table in 40
CFR 712.30(e) of the TSCA section 8(a) PAIR rule published in the
Federal Register of August 16, 2006 (Ref. 1), and the table in 40 CFR
716.120(d) of the TSCA section 8(d) Health and Safety Data Reporting
rule published in the Federal Register of August 16, 2006 (Ref. 2).
    This action does not preclude the future listing of these two
chemical substances under the TSCA section 8(a) PAIR rule or the TSCA
section 8(d) Health and Safety Data Reporting rule should the
information be reasonably required.

III. Economic Analysis

    In the economic analysis conducted for the final TSCA section 8(a)
PAIR rule, the Agency estimated the total reporting cost to industry to
be $644,000 for all 243 chemical substances, or approximately $2,650
per chemical substance (Ref. 1). The Agency is estimated to incur an
additional $248,000 or $1,021 per chemical substance to provide public
support for the TSCA section 8(a) PAIR rule and to process the data
(Ref. 1). The total cost of the TSCA section 8(a) rule, per chemical
substance, is estimated to be approximately $3,671. This direct final
rule removes two chemical substances from the TSCA section 8(a) PAIR
rule. Therefore, costs are estimated to be reduced by $7,342 (two
chemical substances x $3,671 per chemical substance).
    Furthermore, this direct final rule will also remove two chemical
substances

from the TSCA section 8(d) Health and Safety Data Reporting rule. The
economic analysis conducted for the TSCA section 8(d) Health and Safety
Data Reporting rule estimates that the total cost to industry is
$110,000 and to the Agency is $79,000, or $453 and $325 per chemical
substance, respectively, for a total of $778 per chemical substance
(Ref. 2). Because this direct final rule removes two chemical
substances from the TSCA section 8(d) Health and Safety Data Reporting
rule, the costs of the TSCA section 8(d) Health and Safety Data
Reporting rule are estimated to be reduced by $1,556 (two chemical
substances x $778).
    Therefore, the removal of two chemical substances from the TSCA
section 8(a) and TSCA section 8(d) rules is estimated to result in a
total reduction in costs of $8,898.

IV. References

    The dockets for this direct final rule are the dockets established
for the TSCA section 8(a) PAIR rule (docket ID number EPA-HQ-OPPT-2005-
0014) (Ref. 1) and the TSCA section 8(d) Health and Safety Data
Reporting rule (docket ID number EPA-HQ-OPPT-2005-0055) (Ref. 2). These
dockets are available for review as specified in ADDRESSES. The
following is a listing of the materials referenced in this document
that have been placed in the dockets:
    1. EPA. Preliminary Assessment Information Reporting; Addition of
Certain Chemicals. Federal Register (71 FR 47122, August 16, 2006)
(FRL-7764-9). Available on-line at: http://www.epa.gov/fedrgstr.

    2. EPA. Health and Safety Data Reporting; Addition of Certain
Chemicals. Federal Register (71 FR 47130, August 16, 2006) (FRL-7764-
7). Available on-line at: http://www.epa.gov/fedrgstr.

    3. EPA. Preliminary Assessment Information Reporting Rule and
Health and Safety Data Reporting Rule; Revision of Effective Dates.
Federal Register (71 FR 54434, September 15, 2006) (FRL-8094-8).
Available on-line at: http://www.epa.gov/fedrgstr.

    4. Bayer Corporation. Letter from Ron Fuchs (Bayer Corporation) to
Carol Browner (EPA) RE: Sponsorship of chemicals in the HPV Challenge
Program. March 15, 1999.
    5. Bayer Corporation. Letter from Janet M. Mostowy (Bayer
Corporation) to Michael Leavitt (EPA) RE: Request to designate
chemicals as `no longer HPV.' December 29, 2003.
    6. EPA. Letter from Diane Sheridan (EPA/OPPT) to Janet M. Mostowy
(Bayer Corporation) RE: EPA response to December 29, 2003 letter from
Bayer Corporation. December 3, 2004.
    7. Bayer CropScience. Letter from George S. Goodridge to Oscar
Hernandez (EPA/OPPT) RE: Clarification of status of chemicals appearing
on EPA's 9/16/05 orphan list. December 15, 2005.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    The Office of Management and Budget (OMB) has exempted actions
under TSCA sections 8(a) and 8(d) related to the PAIR and Health and
Safety Data Reporting rules from the requirements of Executive Order
12866, entitled Regulatory Planning and Review (58 FR 51735, October 4,
1993). In addition, this direct final rule does not impose any new
requirements and will result in a burden and cost reduction; therefore,
it is not subject to OMB review under the Executive order.

B. Paperwork Reduction Act

    The information collection requirements contained in TSCA sections
8(a) PAIR and 8(d) Health and Safety Data Reporting rules have already
been approved by OMB under the provisions of the Paperwork Reduction
Act (PRA), 44 U.S.C. 3501 et seq., and OMB control numbers 2070-0054
(EPA ICR No. 0586) and 2070-0004 (EPA ICR No. 0575). The collection
activities in this direct final rule are captured by the existing
approval and do not require additional review and/or approval by OMB.

C. Regulatory Flexibility Act

    Because this direct final rule eliminates reporting requirements,
the Agency certifies pursuant to section 605(b) of the Regulatory
Flexibility Act (RFA), 5 U.S.C. 601 et seq., that this action will not
have a significant adverse economic impact on a substantial number of
small entities.

D. Unfunded Mandates Reform Act

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995
(UMRA), Public Law 104-4, EPA has determined that this direct final
rule does not contain a Federal mandate that may result in expenditures
of $100 million or more for State, local, and tribal governments, in
the aggregate, or the private sector in any 1 year. In addition, EPA
has determined that this direct final rule will not significantly or
uniquely affect small governments. Accordingly, the direct final rule
is not subject to the requirements of UMRA sections 202, 203, 204, or
205.

E. Executive Order 13132: Federalism

    This direct final rule has no Federalism implications because it
will not have substantial direct effects on 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,
as specified in Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999).

F. Executive Order 13175: Consultation and Coordination with Indian
Tribal Governments

    This direct final rule has no tribal implications because it will
not have substantial direct effects on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, nor
on the distribution of power and responsibilities between the Federal
Government and Indian tribes as specified in Executive Order 13175,
entitled Consultation and Coordination with Indian Tribal Governments
(59 FR 22951, November 6, 2000).

G. Executive Order 13045: Protection of Children from Environmental
Health Risks and Safety Risks

    Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April
23,1997), does not apply to this direct final rule because this is not
an economically significant regulatory action as defined under
Executive Order 12866, and it does not concern an environmental health
or safety risk that may have a disproportionate effect on children.

H. Executive Order 13211: Actions that Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, entitled Actions
that Significantly Affect Energy Supply, Distribution, or Use (66 FR
28355, May 22, 2001), because this action is not expected to affect
energy supply, distribution, or use.

I. National Technology Transfer and Advancement Act

    Because this action does not involve any technical standards,
section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note), does not apply to this action.

J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations

    This action does not involve special considerations of
environmental justice-related issues pursuant to Executive Order 12898,
entitled Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994).

VI. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of the rule in the Federal Register.
This rule is not a major rule as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Parts 712 and 716

    Environmental protection, Chemicals, Hazardous substances, Health
and safety, Reporting and recordkeeping requirements.

    Dated: April 23, 2007.
Charles M. Auer,
Director, Office of Pollution Prevention and Toxics.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 712--[AMENDED]

0
1. The authority citation for part 712 continues to read as follows:

    Authority: 15 U.S.C. 2607(a).

Sec.  712.30  [Amended]

0
2. In Sec.  712.30, in the table under the heading ``Voluntary HPV
Challenge Program orphan (unsponsored) chemicals'' in paragraph (e),
remove the entries CAS No. 150-50-5, Phosphorotrithious acid, tributyl
ester and CAS No. 3338-24-7, Phosphorodithioic acid, O,O-diethyl ester,
sodium salt.

PART 716--[AMENDED]

0
3. The authority citation for part 716 continues to read as follows:

    Authority: 15 U.S.C. 2607(d).

Sec.  716.120  [Amended]

0
4. In Sec.  716.120, in the table under the heading ``Voluntary HPV
Challenge Program orphan (unsponsored) chemicals in paragraph (d),
remove the entries Phosphorotrithious acid, tributyl ester, CAS No.
150-50-5 and Phosphorodithioic acid, O,O-diethyl ester, sodium salt,
CAS No. 3338-24-7.

[FR Doc. 07-2104 Filed 4-27-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register: November 17, 2005 (Volume 70, Number 221)]
[Notices]
[Page 69749]
[DOCID:fr17no05-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER05-1281-000, ER05-1281-001, and ER05-1281-002]

FPL Energy Duane Arnold, LLC; Notice of Issuance of Order

November 9, 2005.
    FPL Energy Duane Arnold, LLC (FPL Duane) filed an application for
market-based rate authority, with an accompanying rate tariff. The
proposed rate tariff provides for wholesale sales of energy, capacity
and ancillary services at market-based rates. FPL Duane also requested
waiver of various Commission regulations. In particular, FPL Duane
requested that the Commission grant blanket approval under 18 CFR part
34 of all future issuances of securities and assumptions of liability
by FPL Duane.
    On November 8, 2005, the Director, Division of Tariffs and Market
Development--South, granted the request for blanket approval under Part
34, subject to the following:
    Any person desiring to be heard or to protest the blanket approval
of issuances of securities or assumptions of liability by FPL Duane
should file a motion to intervene or protest 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, 385.214 (2004).
    Notice is hereby given that the deadline for filing motions to
intervene or protests, is December 8, 2005.
    Absent a request to be heard in opposition by the deadline above,
FPL Duane is authorized to issue securities and assume obligations or
liabilities as a guarantor, indorser, surety, or otherwise in respect
of any security of another person; provided that such issuance or
assumption is for some lawful object within the corporate purposes of
FPL Duane, compatible with the public interest, and is reasonably
necessary or appropriate for such purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approval of FPL Duane's issuances of securities or
assumptions of liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the

docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the Internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-6339 Filed 11-16-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Notices]
[Page 3789]
[FR Doc No: 2018-01416]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82561; File No. SR-CboeBZX-2017-021]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Withdrawal of a Proposed Rule Change To List and Trade Shares of the
First Trust Bitcoin Strategy ETF and the First Trust Inverse Bitcoin
Strategy ETF, Each a Series of the First Trust Exchange-Traded Fund
VII, Under Rule 14.11(i), Managed Fund Shares

January 22, 2018.
    On December 19, 2017, Cboe BZX Exchange, Inc. (``Exchange'') filed
with the Securities and Exchange Commission (``Commission''), pursuant
to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Exchange
Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to list
and trade shares of the First Trust Bitcoin Strategy ETF and the First
Trust Inverse Bitcoin Strategy ETF, each a series of the First Trust
Exchange-Traded Fund VII, under Rule 14.11(i), Managed Fund Shares. The
proposed rule change was published for comment in the Federal Register
on January 8, 2018.\3\ The Commission received three comment letters on
the proposed rule change.\4\
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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. 82429 (Jan. 2,
2018), 83 FR 929 (Jan. 8, 2018).
    \4\ See Letters from Anita Desai (Jan. 4, 2018); Carl Summersett
(Jan. 4, 2018); and Stephen Knell (Jan. 9, 2018). All comments on
the proposed rule change are available on the Commission's website
at: https://www.sec.gov/comments/sr-cboebzx-2017-021/cboebzx2017021.htm.
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    On January 19, 2018, the Exchange withdrew the proposed rule change
(SR-CboeBZX-2017-021).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\5\
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    \5\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-01416 Filed 1-25-18; 8:45 am]
 BILLING CODE 8011-01-P