[Federal Register: December 21, 2007 (Volume 72, Number 245)]
[Notices]
[Page 72697-72698]
[DOCID:fr21de07-67]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12878-000]

Hydro Green Energy, LLC; Notice of Application Accepted for
Filing and Soliciting Motions To Intervene, Protests, and Comments

December 14, 2007.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12878-000.
    c. Date Filed: July 24, 2007.
    d. Applicant: Hydro Green Energy, LLC.
    e. Name of Project: ``Alaska 25'' Project.
    f. Location: The project would be located in a section of the Kobuk
River in the Northwest Artic Borough, Alaska. The project uses no dam
or impoundment.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contacts: Mr. Wayne F. Krouse, Hydro Green Energy,
LLC, 5090 Richmond Avenue 390, Houston, TX 77056, and Mr.
James H. Hancock Jr., Balch & Bingham LLP, 1710 Sixth Avenue North,
Birmingham, Alabama 35203.
    i. FERC Contact: Kelly Houff,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. 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. Please include the project number (P-12878-000) on
any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed project consists of: (1) 5
arrays, each consisting of ten, 100 kilowatt hydrokinetic turbine
units, for a total installed capacity of 5 megawatts, (2) a proposed
transmission line no greater than 2250 feet from the ``node'' array to
the shore, (3) a mooring system which does not require the use of
pilings to permanently attach the units to the bedrock but instead uses
tethers and Danforth type anchors, and (4) appurtenant facilities. The
project would have an average annual generation of 32.873 gigawatt-
hours, which would be sold to a local utility.
    l. Locations of Applications: A copy of the application is
available for inspection and reproduction at the Commission in the
Public Reference Room, located at 888 First Street, NE., Room 2A,
Washington, DC 20426, or by calling<PHONE_NUMBER>. This filing may
also be viewed on the Commission's Web site at http://www.ferc.gov

using the ``eLibrary'' link. Enter the docket number excluding the last
three digits in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item h
above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Competing Preliminary Permit: Anyone desiring to file a
competing

application for preliminary permit for a proposed project must submit
the competing application itself, or a notice of intent to file such an
application, to the Commission on or before the specified comment date
for the particular application (see 18 CFR 4.36). Submission of a
timely notice of intent allows an interested person to file the
competing preliminary permit application no later than 30 days after
the specified comment date for the particular application. A competing
preliminary permit application must conform with 18 CFR 4.30 and 4.36.
    o. Competing Development Application: Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30 and 4.36.
    p. Notice of Intent: A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    q. Proposed Scope of Studies Under Permit: A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    r. Comments, Protests, or Motions To Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210,
385.211, 385.214. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    s. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'', ``COMPETING APPLICATION'' OR
``MOTION TO INTERVENE'', as applicable, and the Project Number of the
particular application to which the filing refers. Any of the above-
named documents must be filed by providing the original and the number
of copies provided by the Commission's regulations to: The Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    t. Agency Comments: Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-24760 Filed 12-20-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 134 (Thursday, July 14, 2022)]
[Notices]
[Pages 42226-42229]
[FR Doc No: 2022-15000]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95229; File No. SR-C2-2022-013]

Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Rule 5.20 To Remove Certain References to the Market-Wide Circuit
Breaker Program

July 8, 2022.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on June 30, 2022, Cboe C2 Exchange, Inc. (the ``Exchange'' or
``C2'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Exchange
filed the proposal as a ``non-controversial'' proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe C2 Exchange, Inc. (the ``Exchange'' or ``C2'') is filing with
the Securities and Exchange Commission (the ``Commission'') a proposal
to amend Rule 5.20 to remove certain references to the Market-Wide
Circuit Breaker program. The text of the

proposed rule change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/options/regulation/rule_filings/ctwo/), at the Exchange's Office of the Secretary, 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 amend Exchange Rule 5.20 to remove certain
rule text that references the Market-Wide Circuit Breaker (``MWCB'')
program for equity securities. The proposed changes are intended to
clarify the Exchange's rules regarding trading halts in options due to
a MWCB.
MWCB Program
    On March 16, 2022, the Commission approved a proposal by the New
York Stock Exchange LLC (``NYSE'') to make permanent the MWCB
program.\5\ The Commission approved a proposal filed by the Exchange on
April 12, 2022, to adopt on a permanent basis the MWCB pilot
program.\6\ The Exchange's affiliated equities exchanges similarly
received approval to make permanent the MWCB pilot program on April 12,
2022.\7\
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    \5\ See Securities Exchange Act Release No. 94441 (March 16,
2022), 87 FR 16286 (March 22, 2022) (SR-NYSE-2021-40) (Order
Granting Accelerated Approval of a Proposed Rule Change, as Modified
by Amendment No. 1 To Adopt on a Permanent Basis the Pilot Program
for Market-Wide Circuit Breakers in Rule 7.12).
    \6\ See Securities Exchange Act Release No. 94698 (April 12,
2022), 87 FR 22981 (April 18, 2022) (SR-CBOE-2022-010) (Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to
Adopt on a Permanent Basis the Pilot Program for Market-Wide Circuit
Breakers, Currently Codified in Rule 5.20.01).
    \7\ See Securities Exchange Act Release No. 94705 (April 12,
2022), 87 FR 22977 (April 18, 2022) (SR-CboeBYX-2022-011) (Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To
Adopt on a Permanent Basis the Pilot Program for Market-Wide Circuit
Breakers, Currently Codified in Rule 11.18); Securities Exchange Act
Release No. 94702 (April 12, 2022), 87 FR 23003 (April 18, 2022)
(SR-CboeBZX-2022-027) (Notice of Filing and Immediate Effectiveness
of a Proposed Rule Change To Adopt on a Permanent Basis the Pilot
Program for Market-Wide Circuit Breakers, Currently Codified in Rule
11.18); Securities Exchange Act Release No. 94701 (April 12, 2022),
87 FR 22963 (April 18, 2022) (SR-CboeEDGA-2022-008) (Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To
Adopt on a Permanent Basis the Pilot Program for Market-Wide Circuit
Breakers, Currently Codified in Rule 11.16); Securities Exchange Act
Release No. 94699 (April 12, 2022), 87 FR 22967 (April 18, 2022)
(SR-CboeEDGX-2022-023) (Notice of Filing and Immediate Effectiveness
of a Proposed Rule Change To Adopt on a Permanent Basis the Pilot
Program for Market-Wide Circuit Breakers, Currently Codified in Rule
11.16).
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    The Exchange's current rule regarding MWCB halts can be found in
Rule 5.20.01,\8\ which states, ``[t]he Exchange will halt trading in
all stock options whenever a market-wide trading halt commonly known as
a circuit breaker is initiated in response to extraordinary market
conditions.'' Rules 5.20.01(a) \9\ and 5.20.01(b) \10\ describe the
applicable Market Declines and associated trading halts applicable to
MWCB. The Exchange notes that the text in Rules 5.20.01(a) and
5.20.01(b) is identical to the MWCB language found in the Exchange's
affiliated equity exchanges' rules.\11\ Those rules are implemented
exclusively by equities exchanges and the Exchange does not trade
equity securities. The Exchange notes that its MWCB rules were based,
in part, on the rules of the Exchange's affiliate, Cboe Exchange, Inc.,
which previously operated a stock trading facility but no longer
supports this functionality. As the rules for Cboe Exchange, Inc. are
being updated to remove references to the MWCB rules applicable to
equity securities, the Exchange is also proposing to amend its rules to
remove references to the MWCB rules applicable to equity securities.
Rules 5.20.01(e)-(g) detail the MWCB testing requirements that were
implemented as part of the adoption of the MWCB program on a permanent
basis.\12\ The Exchange is now proposing to remove the language in
current Rules 5.20.01(a), 5.20.01(b), 5.20.01(c), 5.20.01(e),
5.20.01(f), and 5.20.01(g), as this language applies specifically to
equity securities, which do not trade on the Exchange. Given that the
introductory language in Rule 5.20.01 specifically states that stock
options will be halted in the event of a market-wide circuit
breaker,\13\ the MWCB rules applicable to equity securities (currently
housed in Rules 5.20.01(a)-(c), (e)-(g)) are not necessary. The
Exchange believes that by removing this language its rules regarding
stock option halts due to market-wide circuit breakers will provide
clarity for Trading Permit Holders \14\ and others who may rely on the
rule.
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    \8\ See Exchange Rule 5.20.01.
    \9\ See Exchange Rule 5.20.01(a). A Market Decline means a
decline in price of the S&P 500 Index between 9:30 a.m. and 4:00
p.m. on a trading day as compared to the closing price of the S&P
500 Index for the immediately preceding trading day. A Level 1
Market Decline means a Market Decline of 7%, a Level 2 Market
Decline means a Market Decline of 13%, and a Level 3 Market Decline
means a Market Decline of 20%.
    \10\ See Exchange Rule 5.20.01(b) (``Halts in Trading''). The
Exchange shall halt trading in all stock or stock options for 15
minutes if a Level 1 or Level 2 Market Decline occurs after 9:30
a.m. and before 3:26 p.m. (or 12:26 p.m. in the case of an early
scheduled close). The Exchange will not halt trading if a Level 1 or
Level 2 Market Decline occurs at 3:26 p.m. (12:26 p.m. on days with
an early scheduled close) or later. The Exchange shall halt trading
in all stocks and stock options until the next trading day if a
Level 3 Market Decline occurs at any time during the trading day.
    \11\ See Cboe BYX Exchange Rules 11.18(a)(1)-(4) and 11.18(b);
Cboe BZX Exchange Rules 11.18(a)(1)-(4) and 11.18(b); Cboe EDGA
Exchange Rules 11.16(a)(1)-(4) and 11.16(b); Cboe EDGX Exchange
Rules 11.16(a)(1)-(4) and 11.16(b).
    \12\ See Exchange Rule 5.20.01(e) (``Market-Wide Circuit Breaker
Testing'').
    \13\ Supra note 8.
    \14\ A Trading Permit Holder means ``any individual,
corporation, partnership, limited liability company or other entity
authorized by the Rules that holds a Trading Permit.'' See Eleventh
Amended and Restated Bylaws of Cboe Exchange, Inc. Section 1.1
(``Definitions''). A Trading Permit ``means a license issued by the
Exchange that grants the holder or the holder's nominee the right to
access one or more facilities of the Exchange for the purpose of
effecting transactions in securities traded on the Exchange without
the services of another person acting as broker, and otherwise to
access the facilities of the Exchange for purposes of trading or
reporting transactions or transmitting orders or quotations in
securities traded on the Exchange, or to engage in other activities
that, under the Rules, may only be engaged in by Trading Permit
Holders, provided that the holder or the holder's nominee, as
applicable, satisfies any applicable qualification requirements to
exercise those rights.'' See Exchange Rule 1.1 (``Definitions'').
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    As a result of the proposed changes described above, the remaining
provisions of Rule 5.20.01 have been renumbered in order to provide
additional clarity to Trading Permit Holders.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\15\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section

6(b)(5) \16\ requirements that the rules of an exchange be designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. Additionally, the Exchange
believes the proposed rule change is consistent with the Section
6(b)(5) \17\ requirement that the rules of an exchange not be designed
to permit unfair discrimination between customers, issuers, brokers, or
dealers.
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    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
    \17\ Id.
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    In particular, the Exchange believes that removing the text in
current Rules 5.20.01(a)-(c), (e)-(g) will promote just and equitable
principles of trade, remove impediments to and perfect the mechanism of
a free and open market and a national market system, and protect
investors and the public interest because the text being removed
applies to equity securities, which do not currently trade on the
Exchange. The language in Rules 5.20.01(a)-(c), (e)-(g) describes the
applicable Market Declines, trading halts, reopening processes, and
MWCB testing requirements that are identical to the corresponding MWCB
rules in the Exchange's affiliated equities exchanges. Those rules are
implemented exclusively by equities exchanges. As the Exchange does not
trade equity securities, the Exchange believes it is confusing to have
rule text that describes the MWCB program within its rules and believes
that limiting the text in Rule 5.20.01 to describe that stock options
will be halted in the event of a MWCB will eliminate potential
confusion amongst Trading Permit Holders. The Exchange notes that
competing exchanges have similar rule text regarding trading halts in
options when a MWCB commences in equity securities.\18\
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    \18\ See NYSE Arca Options Rule 6.65-O(e), which states ``[t]he
Exchange shall halt trading in all options whenever the equities
markets initiate a market-wide trading halt commonly known as a
circuit breaker in response to extraordinary market conditions.''
See also MIAX Options Exchange Rule 504.03, which states ``[t]he
Exchange shall halt trading in all securities whenever a market-wide
trading halt commonly known as a circuit breaker is initiated on the
New York Stock Exchange in response to extraordinary market
conditions.''
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    For the foregoing reasons, the Exchange believes that the proposed
change is consistent with the Act.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed change is not
intended to address competition, but rather, makes clarifying changes
to Rule 5.20.01 in order to benefit all Trading Permit Holders equally.
The Exchange does not believe that removing the MWCB rule text that is
applicable to equity securities would have any impact on competition as
the revised rule text will look substantively similar to the rules of
other competing options exchanges. The Exchange seeks to ensure
consistency amongst exchanges with respect to this industry-wide
program without implicating any competitive issues.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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 \19\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\20\
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    \19\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \20\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \21\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\22\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange asked
that the Commission waive the 30 day operative delay so that the
proposal may become operative immediately upon filing. The proposed
rule change simply removes rule text that does not apply to stock
options exchanges and would clarify the MWCB halt process. Therefore,
the Commission hereby waives the 30-day operative delay and designates
the proposed rule change as operative upon filing.\23\
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    \21\ 17 CFR 240.19b-4(f)(6).
    \22\ 17 CFR 240.19b-4(f)(6)(iii).
    \23\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of 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 under
Section 19(b)(2)(B) \24\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \24\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-C2-2022-013 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-C2-2022-013. 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-C2-2022-013
and should be submitted on or before August 4, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
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    \25\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-15000 Filed 7-13-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 40 (Tuesday, March 1, 2022)]
[Rules and Regulations]
[Page 11295]
[FR Doc No: 2022-04181]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 1141

[Docket No. FDA-2019-N-3065]
RIN 0910-AI39

Tobacco Products; Required Warnings for Cigarette Packages and
Advertisements; Delayed Effective Date

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; delay of effective date.

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SUMMARY: As required by an order issued by the U.S. District Court for
the Eastern District of Texas, this action delays the effective date of
the final rule (``Tobacco Products; Required Warnings for Cigarette
Packages and Advertisements''), which published on March 18, 2020. The
new effective date is April 9, 2023.

DATES: The effective date of the rule amending 21 CFR part 1141
published at 85 FR 15638, March 18, 2020, and delayed at 85 FR 32293,
May 29, 2020; 86 FR 3793, January 15, 2021; 86 FR 36509, July 12, 2021;
86 FR 50855, September 13, 2021; and 86 FR 70052, December 9, 2021, is
further delayed until April 9, 2023.

FOR FURTHER INFORMATION CONTACT: Courtney Smith, Office of Regulations,
Center for Tobacco Products, Food and Drug Administration, Document
Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G335, Silver
Spring, MD 20993-0002, 1-877-287-1371, email:
[email protected].

SUPPLEMENTARY INFORMATION: In the Federal Register of March 18, 2020,
the Food and Drug Administration (FDA or Agency) issued a final rule
establishing new cigarette health warnings for cigarette packages and
advertisements. The final rule implements a provision of the Family
Smoking Prevention and Tobacco Control Act (Tobacco Control Act) (Pub.
L. 111-31) that requires FDA to issue regulations requiring color
graphics depicting the negative health consequences of smoking to
accompany new textual warning label statements. The Tobacco Control Act
amends the Federal Cigarette Labeling and Advertising Act of 1965 (Pub.
L. 89-92) to require each cigarette package and advertisement to bear
one of the new required warnings. The final rule specifies the 11 new
textual warning label statements and accompanying color graphics.
Pursuant to section 201(b) of the Tobacco Control Act, the rule was
published with an effective date of June 18, 2021, 15 months after the
date of publication of the final rule.
    On April 3, 2020, the final rule was challenged in the U.S.
District Court for the Eastern District of Texas.\1\ On May 8, 2020,
the court granted a joint motion to govern proceedings in that case and
postpone the effective date of the final rule by 120 days.\2\ On
December 2, 2020, the court granted a new motion by the plaintiffs to
postpone the effective date of the final rule by an additional 90
days.\3\ On March 2, 2021, the court granted another motion by the
plaintiffs to postpone the effective date of the final rule by an
additional 90 days.\4\ On May 21, 2021, the court granted another
motion by the plaintiffs to postpone the effective date of the final
rule by an additional 90 days.\5\ On August 18, 2021, the court issued
an order to postpone the effective date of the final rule by an
additional 90 days.\6\ On November 12, 2021, the court issued another
order to postpone the effective date of the final rule by an additional
90 days.\7\ On February 10, 2022, the court issued another order to
postpone the effective date of the final rule by an additional 90
days.\8\ The court ordered that the new effective date of the final
rule is April 9, 2023. Pursuant to the court order, any obligation to
comply with a deadline tied to the effective date is similarly
postponed, and those obligations and deadlines are now tied to the
postponed effective date.
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    \1\ R.J. Reynolds Tobacco Co. et al. v. United States Food and
Drug Administration et al., No. 6:20-cv-00176 (E.D. Tex. filed April
3, 2020).
    \2\ R.J. Reynolds Tobacco Co., No. 6:20-cv-00176 (E.D. Tex. May
8, 2020) (order granting joint motion and establishing schedule),
Doc. No. 33.
    \3\ R.J. Reynolds Tobacco Co., No. 6:20-cv-00176 (E.D. Tex.
December 2, 2020) (order granting Plaintiffs' motion and postponing
effective date), Doc. No. 80.
    \4\ R.J. Reynolds Tobacco Co., No. 6:20-cv-00176 (E.D. Tex.
March 2, 2021) (order granting Plaintiffs' motion and postponing
effective date), Doc. No. 89.
    \5\ R.J. Reynolds Tobacco Co., No. 6:20-cv-00176 (E.D. Tex. May
21, 2021) (order granting Plaintiffs' motion and postponing
effective date), Doc. No. 91.
    \6\ R.J. Reynolds Tobacco Co., No. 6:20-cv-00176 (E.D. Tex.
August 18, 2021) (order postponing effective date), Doc. No. 92.
    \7\ R.J. Reynolds Tobacco Co., No. 6:20-cv-00176 (E.D. Tex.
November 12, 2021) (order postponing effective date), Doc. No. 93.
    \8\ R.J. Reynolds Tobacco Co., No. 6:20-cv-00176 (E.D. Tex.
February 10, 2022) (order postponing effective date), Doc. No. 94.
---------------------------------------------------------------------------

    To the extent that 5 U.S.C. 553 applies to this action, the
Agency's implementation of this action without opportunity for public
comment, effective immediately upon publication in the Federal
Register, is based on the good cause exception in 5 U.S.C. 553(b)(B).
Seeking public comment is impracticable, unnecessary, and contrary to
the public interest. The 90-day postponement of the effective date,
until April 9, 2023, is required by court order in accordance with the
court's authority to postpone a rule's effective date pending judicial
review (5 U.S.C. 705). Seeking prior public comment on this
postponement would have been impracticable, as well as contrary to the
public interest in the orderly issuance and implementation of
regulations.

    Dated: February 23, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-04181 Filed 2-28-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: December 23, 2009 (Volume 74, Number 245)]
[Rules and Regulations]
[Page 68146-68147]
[DOCID:fr23de09-6]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No.<PHONE_NUMBER>-91388-01]
RIN 0694-AE75

Removal of Entry From the Entity List: Person Removed Based on
Removal Request

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This rule amends the Export Administration Regulations (EAR)
by removing one person from the Entity List (Supplement No. 4 to Part
744). This person is being removed from the Entity List because the
End-User Review Committee (ERC) decided to approve this person's
request for removal from the Entity List. The Entity List provides
notice to the public that certain exports, reexports, and transfers
(in-country) to parties identified on the Entity List require a license
from the Bureau of Industry and Security (BIS) and that availability of
License Exceptions in such transactions is limited.

DATES: Effective Date: This rule is effective December 23, 2009.
Although there is no formal comment period, public comments on this
regulation are welcome on a continuing basis.

ADDRESSES: You may submit comments, identified by RIN 0694-AE75, by any
of the following methods: E-mail<EMAIL_ADDRESS>Include
``RIN 0694-AE75'' in the subject line of the message.
    Fax:<PHONE_NUMBER>. Please alert the Regulatory Policy Division by
calling<PHONE_NUMBER>, if you are faxing comments.
    Mail or Hand Delivery/Courier: Timothy Mooney, U.S. Department of
Commerce, Bureau of Industry and Security, Regulatory Policy Division,
14th St. & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230,
Attn: RIN 0694-AE75.
    Send comments regarding the collection of information associated
with this rule, including suggestions for reducing the burden, to
Jasmeet K. Seehra, Office of Management and Budget (OMB), by e-mail to
<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER>; and to
the Regulatory Policy Division, Bureau of Industry and Security,
Department of Commerce, 14th St. & Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230. Comments on this collection of information should
be submitted separately from comments on the final rule (i.e. RIN 0694-
AE75)--all comments on the latter should be submitted by one of the
three methods outlined above.

FOR FURTHER INFORMATION CONTACT: Elizabeth Scott Sangine, End-User
Review Committee, Office of the Assistant Secretary, Export
Administration, Bureau of Industry and Security, Department of
Commerce, Phone:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>, E-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The Entity List provides notice to the public that certain exports,
reexports, and transfers (in-country) to parties identified on the
Entity List require a license from the Bureau of Industry and Security
(BIS) and that availability of license exceptions in such transactions
is limited. Persons are placed on the Entity List on the basis of
certain sections of part 744 (Control Policy: End-User and End-Use
Based) of the EAR. BIS first published the Entity List in February 1997
as part of its efforts to inform the public of entities that have
engaged in activities that could result in an increased risk of
diversion of exported and reexported items to weapons of mass
destruction (WMD) programs. Since its initial publication, grounds for
identification on the Entity List have expanded to include activities
sanctioned by the Department of State and activities contrary to U.S.
national security and/or foreign policy interests.

ERC Entity List Decisions

    Pursuant to Supplement No. 5 to part 744 (Procedures for End-User
Review Committee Entity List Decisions) of the EAR, the ERC, composed
of representatives of the Departments of Commerce (Chair), State,
Defense, Energy and, where appropriate, the Treasury, makes all
decisions to make additions to, removals from or changes

to the Entity List. The ERC makes all decisions to add an entry to the
Entity List by majority vote and all decisions to remove or modify an
entry by unanimous vote.
    The ERC made a determination to remove Neda Kargar, located in the
United Arab Emirates, as a result of her request for removal from the
listed entity. Based upon the review of the information provided in the
removal request in accordance with Sec.  744.16 (Procedure for
Requesting Removal or Modification of an Entity List Entity), and
further review that was conducted by the ERC's member agencies, the ERC
determined that Neda Kargar should be removed from the Entity List. The
ERC decision to remove Neda Kargar took into account information
indicating that she did not work at the location listed in her entry on
the Entity List, her cooperation with the U.S. Government, and as her
assurances of future compliance with the EAR. In accordance with Sec.
744.16(c), the Deputy Assistant Secretary for Export Administration has
sent written notification to Neda Kargar informing her of the ERC's
decision to remove her from the Entity List. This final rule implements
the decision to remove this U.A.E. person from the Entity List.

Removal From the Entity List

    One person is being removed under this rule as a result of the
submission of a formal request for removal based upon the procedures
outlined in Sec.  744.16 of the EAR. This entity is located in the
United Arab Emirates:

United Arab Emirates

    (1) Neda Kargar, No. 308, 3rd Floor, Rafi Center, Al Nakheel,
Deira, Dubai, U.A.E.
    The removal of Neda Kargar from the Entity List (from the U.A.E.,
as described above) eliminates the existing license requirement in
Supplement No. 4 to part 744 for exports, reexports and transfers (in-
country) to this person. However, the removal of Neda Kargar from the
Entity List does not relieve persons of other obligations under part
744 of the EAR or under other parts of the EAR. Neither the removal of
a person from the Entity List nor the removal of Entity List-based
license requirements relieves persons of their obligations under
General Prohibition 5 in Sec.  736.2(b)(5) of the EAR which provides
that, ``you may not, without a license, knowingly export or reexport
any item subject to the EAR to an end-user or end-use that is
prohibited by part 744 of the EAR.'' Nor do such removals relieve
persons of their obligation to apply for export, reexport or in-country
transfer licenses required by other provisions of the EAR. BIS strongly
urges the use of Supplement No. 3 to part 732 of the EAR, ``BIS's `Know
Your Customer' Guidance and Red Flags,'' when persons are involved in
transactions that are subject to the EAR.
    Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as extended by the Notice of August 13, 2009
(74 FR 41325 (August 14, 2009)), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act.

Rulemaking Requirements

    1. This rule has been determined to be not significant for purposes
of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by the OMB under control numbers 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748.
Miscellaneous and recordkeeping activities account for 12 minutes per
submission. Total burden hours associated with the Paperwork Reduction
Act and Office and Management and Budget control number 0694-0088 are
expected to decrease slightly as a result of this rule.
    3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military or foreign affairs function
of the United States. (See 5 U.S.C. 553(a)(1)). Further, no other law
requires that a notice of proposed rulemaking and an opportunity for
public comment be given for this rule. Because a notice of proposed
rulemaking and an opportunity for public comment are not required to be
given for this rule by 5 U.S.C. 553, or by any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et. seq., are not applicable.

List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

0
Accordingly, part 744 of the Export Administration Regulations (15 CFR
parts 730-774) is amended as follows:

PART 744--[AMENDED]

0
1. The authority citation for 15 CFR part 744 continues to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179;
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR,
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; Notice of August 13, 2009, 74 FR 41325
(August 14, 2009); Notice of November 10, 2008, 73 FR 67097
(November 12, 2008).

Supplement No. 4 to Part 744 [Amended]

0
2. Supplement No. 4 to part 744 is amended by removing under the United
Arab Emirates, this one U.A.E. entity ``Neda Kargar, No. 308, 3rd
Floor, Rafi Center, Al Nakheel, Deira, Dubai, U.A.E.''.

    Dated: December 11, 2009.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. E9-30480 Filed 12-22-09; 8:45 am]

BILLING CODE 3510-33-P


8900 Federal Register / Vol. 68, No. 38 / Wednesday, February 26, 2003 / Notices accounted for 31% of the total. Major sources of acute exposures for the U. S. population and children 1   6 years old included cottonseed oil and meat ( beef) commodities. The % RfD for all populations was less than 0.01% of the reference dose ( RfD) of 1.0 mg/ kg bwt/ day. ii. Drinking water   a. Acute drinking water exposure. The estimated tier 1 maximum concentrations of butafenacil in surface water and ground water are 1.98 ppb and 0.000038 ppb, respectively. The acute RfD for butafenacil is 1.0 mg/ kg bwt/ day. From the acute dietary exposure analysis, acute food exposure from the uses of butafenacil were neglegible for all populations. Using this information, acute drinking water levels of comparison ( DWLOC) were calculated for butafenacil. The lowest DWLOC was 10,000 ppb. Based on this analysis, butafenacil estimated environmental concentrations ( EECs) do not exceed the calculated acute DWLOCs. b. Chronic drinking water exposure. The estimated maximum concentrations of butafenacil in surface water and ground water are 0.033 ppb Day 56 EEC/ 3 from Generic Expected Environmental Concentration ( GENEEC) and 0.000025 parts per billion ( ppb) ( SCI GROW, maximum at 0.16 lb active ingredient/ acre/ year, respectively. The chronic RfD for butafenacil is 1.0 mg/ kg bwt/ day. From the chronic dietary exposure analysis, an exposure to butafenacil is negligible for all populations. Based on EPA's `` Interim Guidance for Conducting Drinking Water Exposure and Risk Assessments'' document ( December 2, 1997), chronic drinking water levels of comparison were calculated for butafenacil. The lowest DWLOC was 10,000 ppb. Based on this analysis, butafenacil EECs do not exceed the calculated chronic DWLOCs. 2. Non dietary exposure. There are no residential uses and therefore, no need for non dietary exposure assessment for this use.

D. Cumulative Effects The potential for cumulative effects of butafenacil and other substances that have a common mechanism of toxicity has been considered. Butafenacil is a member of the class of herbicides designated as uracil derivatives. There is no reliable information to indicate that toxic effects produced by butafenacil would be cumulative with those of any other chemical including another pesticide. Therefore, Syngenta believes it is appropriate to consider only the potential risks of butafenacil in an aggregate risk assessment. E. Safety Determination 1. U. S. population. Using the acute and chronic exposure assumptions and the proposed RfDs described above, the aggregate exposure, including drinking water to butafenacil to the U. S. population ( 48 contiguous states, all seasons) was calculated to be less than 0.01% of the RfD of 1.0 mg/ kg bwt/ day. Therefore, Syngenta concludes that there is reasonable certainty that no harm will result from the aggregate acute or chronic exposure to butafenacil residues. 2. Infants and children. In assessing the potential for additional sensitivity of infants and children to residues of butafenacil, data from developmental toxicity studies in the rat and rabbit and a multi generation reproduction study in the rat have been considered. In the rat and rabbit teratology studies there was no evidence of teratogenicity. Delayed fetal development was apparent only at maternally toxic doses of butafenacil technical in rabbits. In the rabbit study 1,000 mg/ kg/ day caused effects indicative of maternal toxicity. There was no indication of developmental toxicity in rabbit offspring at 100 mg/ kg/ day. The NOAEL for both maternal and developmental toxicity was established at 100 mg/ kg/ day in rabbits. In the rat teratogenicity study there was no observation of maternal toxicity. Body weight and food consumption were comparable in all groups. Reproduction and fetal parameters were not impaired. Butafenacil was not teratogenic and not toxic to the progeny. Maternal parameters were not affected. The NOAEL for both maternal and developmental toxicity was   1,000 mg/ kg/ day, the highest dose level tested. In a rat multi generation study the NOAEL for systemic toxicity in both sexes and both generations of rats was 2.48 mg/ kg/ day. There were no effects on the reproductive parameters and the NOAEL for reproductive toxicity was   1,000 ppm. Offspring effects were observed only at dose levels that also produced parental toxicity. There is no evidence that developing offsprings are more sensitive than adults to the effects of butafenacil. FFDCA section 408 provides that EPA may apply an additional safety factor for infants and children in the case of threshold effects to account for prenatal and postnatal toxicity and the completeness of the data base. Based on the current toxicological requirements, the data base for butafenacil relative to prenatal and postnatal effects for children is complete. Further, for butafenacil, the developmental studies showed no increased sensitivity in fetuses as compared to maternal animals following in utero exposures in rats and rabbits, and no increased sensitivity in pups as compared to the adults in the multi generation reproductive toxicity study. Therefore, it is concluded, that an additional uncertainty factor is not warranted to protect the health of infants and children and that a RfD of 1.0 mg/ kg bwt/ day is appropriated for assessing aggregate risk to infants and children from butafenacil.

F. International Tolerances There are no codex established for residues of butafenacil on cotton, undelinted seed or cotton, gin byproducts. [ FR Doc. 03   4386 Filed 2   25   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0042; FRL   7293   4]

Issuance of an Experimental Use Permit AGENCY: Environmental Protection Agency ( EPA).

ACTION: Notice.

SUMMARY: EPA has granted an experimental use permit ( EUP) to the following pesticide applicant. An EUP permits use of a pesticide for experimental or research purposes only in accordance with the limitations in the permit.

FOR FURTHER INFORMATION CONTACT: Denise Greenway, Biopesticides and Pollution Prevention Division ( 7511C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 308   8263; e mail address: greenway. denise@ epa. gov.

SUPPLEMENTARY INFORMATION:

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

This action is directed to the public in general. Although this action may be of particular interest to those persons who conduct or sponsor research on pesticides, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the information in this action, consult the person listed under FOR FURTHER INFORMATION CONTACT.

VerDate Jan< 31> 2003 17: 54 Feb 25, 2003 Jkt 200001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 26FEN1. SGM 26FEN1 8901 Federal Register / Vol. 68, No. 38 / Wednesday, February 26, 2003 / Notices B. How Can I Get Copies of This Document and Other Related Information?

1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPP   2003   0042. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number.

II. EUP EPA has issued the following EUP: 73049   EUP   2. Issuance. Valent BioSciences Corporation, 870 Technology Way, Libertyville, IL 60048. This EUP allows the use of 3,924 pounds of the biochemical plant regulator 6 benzyladenine on 9,680 acres of apple and on 300 acres of pistachio to evaluate its efficacy for fruit thinning and sizing for apple and its mitigation of alternate year bearing for pistachio. The program is authorized only in the States of California, Idaho, Maine, Maryland, Massachusetts, Michigan, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin. The EUP is effective from January 22, 2003 to January 31, 2005. A temporary tolerance exemption to expire on January 31, 2005 has been established for residues of the active ingredient in or on apple and pistachio.

Authority: 7 U. S. C. 136c.

List of Subjects Environmental protection, Experimental use permits.

Dated: February 13, 2003. Janet L. Andersen, Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs.

[ FR Doc. 03   4525 Filed 2   25   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPPT   2002   0066; FRL   7293   5]

Endocrine Disruptor Screening Program, Proposed Chemical Selection Approach for Initial Round of Screening; Extension of Comment Period AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice; extension of comment period.

SUMMARY: In a Federal Register Notice that published on December 30, 2002, EPA sets forth for public comment the approach EPA plans to use for selecting the first group of chemicals to be screened in the Agency's Endocrine Disruptor Screening Program ( EDSP). EPA requested that comments be submitted on or before March 1, 2003. In response to several requests to extend the deadline for submitting comments, EPA is hereby extending the comment period to April 1, 2003. DATES: Comments, identified by docket ID number OPPT   2002   0066, must be received on or before April 1, 2003. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. C. of the December 30, 2002 Federal Register document.

FOR FURTHER INFORMATION CONTACT: For general information contact: Barbara Cunningham, Acting Director, Environmental Assistance Division ( 7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 202) 554   1404; e mail address: TSCA Hotline@ epa. gov. For technical information contact: Greg Schweer, Exposure Assessment Coordination and Policy Division ( 7203M), Office of Science Coordination and Policy, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 202) 564   8469; e mail address: schweer. greg@ epa. gov.

SUPPLEMENTARY INFORMATION:

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

This action is directed to the public in general, and may be of particular interest to those persons who are or may be required to conduct testing of chemical substances under the Toxic Substances Control Act ( TSCA), the Federal Food, Drug and Cosmetic Act ( FFDCA), the Safe Drinking Water Act ( SDWA), or the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA). Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the technical person listed under FOR FURTHER INFORMATION CONTACT.

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

1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPPT   2002   0066. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the EPA Docket Center, Rm. B102 Reading Room, EPA West, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The EPA Docket Center Reading Room telephone number is ( 202) 566   1744 and the telephone number for the OPPT Docket, which is located in EPA Docket Center, is ( 202) 566   0280. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet VerDate Jan< 31> 2003 17: 54 Feb 25, 2003 Jkt 200001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 26FEN1. SGM 26FEN1


[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Proposed Rules]
[Pages 18488-18490]
[FR Doc No: 2021-07262]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0208; Airspace Docket No. 21-ANM-5]
RIN 2120-AA66

Proposed Modification of Class E Airspace; Missoula, MT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify the Class E airspace extending
upward from 1,200 feet above the surface at Missoula International
Airport, Missoula, MT. This action would ensure the safety and
management of instrument flight rules (IFR) operations transitioning
to/from the terminal and en route environments at the airport.

DATES: Comments must be received on or before May 24, 2021.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200

New Jersey Avenue SE, West Building Ground Floor, Room W12-140,
Washington, DC 20590; telephone: 1-800-647-5527, or<PHONE_NUMBER>. You
must identify FAA Docket No. FAA-2021-0208; Airspace Docket No. 21-ANM-
5, at the beginning of your comments. You may also submit comments
through the internet at https://www.regulations.gov.
    FAA Order 7400.11E, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11E at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Matthew Van Der Wal, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority,
as it would modify the Class E airspace at Missoula International
Airport, Missoula, MT, to support IFR operations at the airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Persons wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2021-0208;
Airspace Docket No. 21-ANM-5''. The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 2200 S 216th Street, Des Moines, WA
98198.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11E, Airspace
Designations and Reporting Points, dated July 21, 2020, and effective
September 15, 2020. FAA Order 7400.11E is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11E lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 CFR part 71 by
modifying the Class E airspace, extending upward from 1,200 feet above
the surface, at Missoula International Airport, Missoula, MT. This
airspace is designed to contain IFR aircraft transitioning to/from the
terminal and en route environments. This action proposes to increase
the airspace's radius of the airport from 35 miles to 46 miles. The 46-
mile radius will properly contain IFR aircraft transitioning to/from
the airport.
    Class E5 airspace designations are published in paragraph 6005 of
FAA Order 7400.11E, dated July 21, 2020, and effective September 15,
2020, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial, and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal

Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR Part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ANM MT E5 Missoula, MT [Amended]

Missoula International Airport, MT
    (Lat. 46[deg]54'59'' N, long. 114[deg]05'26'' W)

    That airspace extending upward from 700 feet above the surface
within 3.5 miles each side of the 311[deg] bearing extending from
the Class D 4.4-mile radius to 22.3 miles northwest of the airport,
and 1.6 miles west and 4.3 miles east of the 179[deg] bearing
extending from the Class D 4.4-mile radius to 15.2 miles south of
the airport, and that airspace extending upward from 1,200 feet
about the surface within a 46-mile radius of the Missoula
International Airport.

    Issued in Des Moines, Washington, on April 2, 2021.
B.G. Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2021-07262 Filed 4-8-21; 8:45 am]
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