[Federal Register Volume 86, Number 99 (Tuesday, May 25, 2021)]
[Notices]
[Page 28187]
[FR Doc No: 2021-10999]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2021-0042]

Pipeline Safety: Request for Special Permit; National Fuel Gas
Supply Corporation

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA);
DOT.

ACTION: Notice.

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SUMMARY: PHMSA is publishing this notice to solicit public comments on
a request for special permit received from the National Fuel Gas Supply
Corporation (NFG). The special permit request is seeking relief from
compliance with certain requirements in the Federal pipeline safety
regulations. At the conclusion of the 30-day comment period, PHMSA will
review the comments received from this notice as part of its evaluation
to grant or deny the special permit request.

DATES: Submit any comments regarding this special permit request by
June 24, 2021.

ADDRESSES: Comments should reference the docket number for the specific
special permit request and may be submitted in the following ways:
     E-Gov Website: http://www.Regulations.gov. This site
allows the public to enter comments on any Federal Register notice
issued by any agency.
     Fax: 1-202-493-2251.
     Mail: Docket Management System: U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Docket Management System: U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590, between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays.
    Instructions: You should identify the docket number for the special
permit request you are commenting on at the beginning of your comments.
If you submit your comments by mail, please submit two (2) copies. To
receive confirmation that PHMSA has received your comments, please
include a self-addressed stamped postcard. Internet users may submit
comments at http://www.Regulations.gov.

    Note:  There is a privacy statement published on http://www.Regulations.gov. Comments, including any personal information
provided, are posted without changes or edits to http://www.Regulations.gov.

    Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to this notice contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this notice, it is important that you clearly designate
the submitted comments as CBI. Pursuant to 49 Code of Federal
Regulations (CFR) Sec.  190.343, you may ask PHMSA to give confidential
treatment to information you give to the Agency by taking the following
steps: (1) Mark each page of the original document submission
containing CBI as ``Confidential''; (2) send PHMSA, along with the
original document, a second copy of the original document with the CBI
deleted; and (3) explain why the information you are submitting is CBI.
Unless you are notified otherwise, PHMSA will treat such marked
submissions as confidential under the FOIA, and they will not be placed
in the public docket of this notice. Submissions containing CBI should
be sent to Kay McIver, DOT, PHMSA-PHP-80, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001. Any commentary PHMSA receives that is not
specifically designated as CBI will be placed in the public docket for
this matter.

FOR FURTHER INFORMATION CONTACT:
    General: Ms. Kay McIver by telephone at<PHONE_NUMBER>, or by email
at<EMAIL_ADDRESS>    Technical: Mr. Steve Nanney by telephone at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: PHMSA received a special permit request from
NFG, to deviate from the Federal pipeline safety regulations at 49 CFR
192.53, 192.55, 192.105, 192.107, 192.109, 192.111, 192.113, 192.144,
192.149, 192.150, 192.327, 192.463, and 192.619, for the use of
FlexSteel pipe and fittings in a regulated interstate gas transmission
pipeline located in a Class 1 location. NFG proposes to insert
FlexSteel pipe, 5.60-inch inside diameter and 7.05-inch outside
diameter, into an existing 12.75-inch outside diameter steel pipeline,
known as NFG's FM120 Pipeline. The FlexSteel pipe will have a maximum
allowable operating pressure of 720 pounds per square inch gauge
(psig).
    The existing 12.75-inch outside diameter steel FM120 Pipeline is
located in McKean, Elk, and Cameron Counties, Pennsylvania. The
FlexSteel pipe is comprised of high-density polyethylene PE4710 inner
and outer layers with a steel middle layer. The FlexSteel pipe will
have a rating of 1,500 psig, empty weight of 12.9 pounds per foot,
maximum pipe operating temperature of 150 degrees Fahrenheit, and
maximum installation tension of 30,000 pounds. The existing 12.75-inch
diameter FM120 Pipeline is not externally coated.
    The special permit request, proposed special permit with
conditions, and Draft Environmental Assessment (DEA) for the NFG FM120
Pipeline are available for review and public comment in the Docket No.
PHMSA-2021-0042. PHMSA invites interested persons to review and submit
comments on the special permit request, proposed special permit with
conditions, and DEA in the docket. Please include any comments on
potential safety and environmental impacts that may result if the
special permit is granted. Comments may include relevant data.
    Before issuing a decision on the special permit requests, PHMSA
will evaluate all comments received on or before the comment closing
date. Comments received after the closing date will be evaluated, if it
is possible to do so without incurring additional expense or delay.
PHMSA will consider each relevant comment it receives in making its
decision to grant or deny this request.

    Issued in Washington, DC, on May 19, 2021, under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2021-10999 Filed 5-24-21; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Rules and Regulations]
[Pages 3645-3646]
[FR Doc No: 2022-01280]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0985; Airspace Docket No. 21-ASO-28]
RIN 2120-AA66

Amendment and Establishment of Class E Airspace; Key Largo, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E surface airspace to
accommodate Area Navigation (RNAV) Global Positioning System (GPS)
Standard Instrument Approach Procedures (SIAPs) serving Ocean Reef Club
Airport, Key Largo, FL. This action also amends Class E airspace
extending upward from 700 feet above the surface for Ocean Reef Club
Airport by updating the geographic coordinates of the airport and
correcting the descriptor by replacing AL with FL. Controlled airspace
is necessary for the safety and management of instrument flight rules
(IFR) operations in the area.

DATES: Effective 0901 UTC, March 24, 2022. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order JO 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11F, 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 JO 7400.11F at NARA, email
[email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: John Goodson, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Ave., College Park, GA 30337; 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 establishes
Class E surface airspace, and amends Class E airspace extending upward
from 700 feet above the surface, to support IFR operations for Ocean
Reef Club Airport, Key Largo, FL.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (86 FR 68173, December 1, 2021) for Docket No. FAA-2021-0985
to establish Class E Surface airspace, and amend Class E airspace
extending upward from 700 feet above the surface, for Ocean Reef Club
Airport, Key Largo, FL.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received pertaining to this action.
    Class E airspace designations are published in Paragraph 6002 and
6005, respectively, of FAA Order JO 7400.11F, dated August 10, 2021,
and effective September 15, 2021, which is incorporated by reference in
14 CFR 71.1. The Class D and Class E airspace designations listed in
this document will be published subsequently in FAA Order JO 7400.11F.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11F, Airspace Designations
and Reporting Points, dated August 10, 2021, and effective September
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11F lists Class
A, B, C, D, and E airspace areas, air traffic routes, and reporting
points.

The Rule

    The FAA is amending 14 CFR part 71 by establishing Class E surface
airspace within a 4.0-mile radius of Ocean Reef Club Airport to
accommodate RNAV SIAPs serving the airport. This action also amends
Class E airspace extending upward from 700 feet above the surface by
updating the airport's geographic coordinates to coincide with the
FAA's database, and correcting the airspace descriptor by replacing AL
with FL.
    Class E airspace designations are published in Paragraphs 6002 and
6005, respectively, of FAA Order JO 7400.11F, dated August 10, 2021,
and effective September 15, 2021, which is incorporated by reference in
14 CFR 71.1. The Class E airspace designations listed in this document
will be published subsequently in FAA Order JO 7400.11. FAA Order JO
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.
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 minimal. Since this is a routine matter that only
affects air traffic procedures an air navigation, it is certified that
this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 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 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 JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 6002 Class E Surface Airspace.

* * * * *

ASO FL E2 Key Largo, FL [NEW]

Ocean Reef Club Airport, FL
    (Lat. 25[deg]19'28'' N, long. 80[deg]16'33'' W)

    That airspace extending upward from the surface within a 4-mile
radius of Ocean Reef Club Airport. This Class E airspace is
effective during the specific dates and times established in advance
by a Notice to Airmen. The effective date and time will thereafter
be continuously published in the Chart Supplement.

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

* * * * *

ASO FL E5 Key Largo, FL [Amended]

Ocean Reef Club Airport, FL
    (Lat. 25[deg]19'28'' N, long. 80[deg]16'33'' W)

    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of Ocean Reef Club Airport.

    Issued in College Park, Georgia, on January 19, 2022.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2022-01280 Filed 1-24-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Rules and Regulations]
[Pages 39165-39166]
[FR Doc No: 2023-12784]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0333; Airspace Docket No. 23-ASW-5]
RIN 2120-AA66

Amendment of Class E Airspace; Carthage, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class E airspace at Carthage, TX. This
action is the result of an airspace review caused by the
decommissioning of the Carthage non-directional beacon (NDB). The name
and geographic coordinates of the airport are also being updated to
coincide with the FAA's aeronautical database.

DATES: Effective 0901 UTC, October 5, 2023. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order JO 7400.11 and
publication of conforming amendments.

ADDRESSES: A copy of the Notice of Proposed Rulemaking (NPRM), all
comments received, this final rule, and all background material may be
viewed online at www.regulations.gov using the FAA Docket number.
Electronic retrieval help and guidelines are available on the website.
It is available 24 hours each day, 365 days each year.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; 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 amends the Class E airspace extending upward from 700 feet above
the surface at Panola County Airport-Sharpe Field, Carthage, TX, to
support instrument flight rule operations at this airport.

History

    The FAA published an NPRM for Docket No. FAA-2023-0333 in the
Federal Register (88 FR 21144; April 10, 2023) proposing to amend the
Class E airspace at Carthage, TX. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received.

Differences From the NPRM

    Subsequent to publication, the FAA discovered that the geographic
coordinates had been incorrectly published. This correction is
administrative and does not impact the airspace as proposed.

Incorporation by Reference

    Class E airspace designations are published in paragraph 6005 of
FAA Order JO 7400.11, Airspace Designations and Reporting Points, which
is incorporated by reference in 14 CFR 71.1 on an annual basis. This
document amends the current version of that order, FAA Order JO
7400.11G, dated August 19, 2022, and effective September 15, 2022. FAA
Order JO 7400.11G is publicly available as listed in the ADDRESSES
section of this document. These amendments will be published in the
next update to FAA Order JO 7400.11.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Rule

    This amendment to 14 CFR part 71 modifies the Class E airspace
extending upward from 700 feet above the surface to within a 6.7-mile
(decreased from a 7-mile) radius of Panola County Airport-Sharpe Field,
Carthage, TX; removes the city associated with the airport in the
airspace legal description to comply with changes to FAA Order JO
7400.2N, Procedures for Handling Airspace Matters; and updates the name
(previously Panola County-Sharpe Field) and geographic coordinates of
the

airport to coincide with the FAA's aeronautical database.

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.
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
only affects air traffic procedures and air navigation, it is certified
that this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 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 JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

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

* * * * *

ASW TX E5 Carthage, TX [Amended]

Panola County Airport-Sharpe Field, TX
    (Lat. 32[deg]10'34'' N, long. 94[deg]17'56'' W)
    That airspace extending upward from 700 feet above the surface
within a 6.7-mile radius of the Panola County Airport-Sharpe Field.
* * * * *

    Issued in Fort Worth, Texas, on June 12, 2023.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2023-12784 Filed 6-14-23; 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 July 9, 2002

NOTICE OF ACTION TAKEN -- DOCKET OST-2002-12708

________________________________________________________________________
________________________________________________________

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).

Applicant:  Volga-Dnepr J.S. Cargo Airline						Date Filed:  July 5,
2002

Relief requested:  Exemption pursuant to 49 U.S.C. section 40109(g) to
operate two one-way cargo charter flights:

(1) between Denver, CO, and Cape Canaveral, FL, to transport an outsized
Atlas and Centaur IIAS launch vehicle payload and associated equipment,
and (2) between Cape Canaveral and North Island, CA, to transport an
outsized booster trailer and track kit, during the period July 11-13,
2002, using its AN-124 aircraft, on behalf of Lockheed Martin Space
Systems.  The applicant stated that Lockheed Martin needed urgent
delivery of the equipment in order to meet a schedule that requires
mission integration and subsequent launch processing activities in time
for a scheduled September launch.  It also stated that the cargo is too
large for transportation on U.S. carrier aircraft, and that surface
transportation was not feasible because of the time involved, the
delicate nature and high value of the cargo, and conditions unsuitable
to maintaining system integrity compliance.

Applicant representative:  Glenn Wicks<PHONE_NUMBER>

Responsive pleadings:  Volga Dnepr served its application on those U.S.
carriers operating large all-cargo aircraft.  Each carrier indicated
that it did not have aircraft available to conduct the proposed
operation and that it had no comment or did not oppose grant of the
requested authority to Volga-Dnepr.

Statutory Standards:  Under 49 U.S.C. section 40109(g), we may authorize
a foreign air carrier to carry commercial traffic between U.S. points
(i.e., cabotage traffic) under limited circumstances.  Specifically, we
must find that the authority is required in the public interest; that
because of an emergency created by unusual circumstances not arising in
the normal course of business the traffic cannot be accommodated by U.S.
carriers holding certificates under 49 U.S.C. section 41102; that all
possible efforts have been made to place the traffic on U.S. carriers;
and that the transportation is necessary to avoid unreasonable hardship
to the traffic involved (an additional required finding, concerning
emergency transportation during labor disputes, was not relevant here).
For examples of earlier grants of authority of this type, see, e.g.,
Order 2001-5-23.

	DISPOSITION

Action:  Approved								Action date:  July 9, 2002

Effective dates of authority granted:  July 11-16, 2002

Basis for approval:  We found that the application met all the relevant
criteria of 49 U.S.C. section 40109(g) for the grant of an exemption of
this type and that the grant was required in the public interest.
Specifically, we were persuaded that the need to move the cargo promptly
in order to complete scheduled mission integration activities and
subsequent launch processing deadlines; the fact that the cargo could
not be transported by surface either in time to meet that schedule or
without the risk of damage; the potential negative impact of delivery
delays; and the unique, outsized nature of the cargo, constituted an
emergency not arising in the normal course of business.  Moreover, based
on the representations of the U.S. carriers, we concluded that no U.S.
carrier had aircraft available which could be used to conduct the
operation at issue here.  We also found that grant of Volga-Dnepr’s
request would prevent undue hardship to the cargo and Lockheed Martin.
Finally, we found that the applicant was qualified to perform its
proposed operations (see, e.g., Order 94-10-13).

Except to the extent exempted/waived, this authority is subject to our
standard exemption conditions (attached) and to the condition that
Volga-Dnepr comply with an FAA-approved flight routing for the
authorized flights, and with any requisite Department of Defense
authorizations.

Action taken by:   	Read C. Van de Water

			Assistant Secretary for Aviation

			   and International Affairs

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

												        Appendix A

FOREIGN AIR CARRIER CONDITIONS OF AUTHORITY

In the conduct of the operations authorized, the holder shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

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

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are:

   (a)  based on its operations in international air transportation
that, according to the contract of carriage, include a point in the
United States as a point of origin, point of destination, or agreed
stopping place, or for which the contract of carriage was purchased in
the United States; or

   (b)  based on a claim under any international agreement or treaty
cognizable in any court or other tribunal of the United States.

In this condition, the term "international air transportation" means
"international transportation" as defined by the Warsaw Convention,
except that all States shall be considered to be High Contracting
Parties for the purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

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

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code (formerly the
Federal Aviation Act of 1958, as amended).

U.S. Department of Transportation

Office of the Secretary of Transportation									        (41301/40109)
7/2002


[Federal Register: June 15, 2009 (Volume 74, Number 113)]
[Notices]
[Page 28315-28318]
[DOCID:fr15jn09-149]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60064; File No. SR-NYSEArca-2009-30]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Approval of Proposed Rule Change, as Modified by Amendment No. 1
Thereto, Relating to the Adoption of Listing Standards for Managed
Trust Securities and the Listing and Trading of Shares of the
iShares[reg] Diversified Alternatives Trust

June 8, 2009.

I. Introduction

    On April 9, 2009, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange''),
through its wholly owned subsidiary, NYSE Arca Equities, Inc. (``NYSE
Arca Equities'' or ``Corporation''), filed with the Securities and
Exchange Commission (``Commission''), pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b\4
thereunder,\2\ a proposed rule change to: (1) Adopt listing standards
for Managed Trust Securities; (2) amend NYSE Arca Equities Rule 7.34
and its Listing Fees to add references to proposed NYSE Arca Equities
Rule 8.700 relating to Managed Trust Securities; and (3) list and trade
shares (``Shares'') of the iShares[reg] Diversified Alternatives Trust
(``Trust''). On April 24, 2009, the Exchange filed Amendment No. 1 to
the proposed rule change. The proposed rule change, as amended, was
published for comment in the Federal Register on May 6, 2009.\3\ The
Commission received no comments on the proposal. This order approves
the proposed rule change, as amended.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 59835 (April 28,
2009), 74 FR 21041 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposal

A. Listing Standards for Managed Trust Securities

    The Exchange proposes to adopt new NYSE Arca Equities Rule 8.700 to
list and trade, or trade pursuant to unlisted trading privileges,
Managed Trust Securities. A Managed Trust Security as a security that
is registered under the Securities Act of 1933, as amended, and (a) is
issued by a trust that (i) is a commodity pool, as defined in the
Commodity Exchange Act (``CEA'') and regulations thereunder, and is
managed by a commodity pool operator registered with the Commodity
Futures Trading Commission (``CFTC''), and (ii) holds long and/or short
positions in exchange-traded futures contracts and/or currency forward
contracts selected by the trust's advisor consistent with the trust's
investment objectives,\4\ which would only include exchange-traded
futures contracts involving commodities, currencies, stock indices,
fixed income indices, interest rates and sovereign, private, and
mortgage or asset backed debt instruments \5\ and/or forward contracts
on specified currencies, as disclosed in the trust's prospectus, as

such may be amended from time to time, and (b) is issued and redeemed
continuously in specified aggregate amounts at the next applicable net
asset value (``NAV'').
---------------------------------------------------------------------------

    \4\ It should be noted that the trust holdings will be actively
managed in accordance with the trust's investment objectives;
therefore, products listed under proposed NYSE Arca Equities Rule
8.700 are ineligible for listing under any other existing Exchange
rule (e.g., NYSE Arca Equities Rules 8.203 and 8.204).
    \5\ The trust may only hold exchange-traded futures contracts on
sovereign, private, and mortgage- or asset-backed debt and not the
debt itself.
---------------------------------------------------------------------------

    Additional details of proposed NYSE Arca Equities Rule 8.700 and
the proposed conforming changes to NYSE Arca Equities Rule 7.34 and the
NYSE Arca Equities Listing Fee Schedule can be found in the Notice.

B. Description of the Trust and the Shares

    The Exchange also proposes to list and trade the Shares.\6\ The
Shares represent ownership of a fractional undivided beneficial
interest in the net assets of the Trust. The Trust will be a commodity
pool, as defined in the CEA and the applicable rules of the CFTC, and
will be formed as a Delaware statutory trust.\7\
---------------------------------------------------------------------------

    \6\ The Exchange represents that the Shares will conform to the
initial and continued listing criteria under proposed NYSE Arca
Equities Rule 8.700 and that the Trust is required to comply with
Rule 10A-3 under the Act for the initial and continued listing of
the Shares. See 17 CFR 240.10A-3. Rule 10A-3(e)(3) provides that, in
the case of a listed limited partnership or limited liability
company where such entity does not have a board of directors or
equivalent body, the term ``board of directors'' means the board of
directors of the managing general partner, managing member or
equivalent body. The Trust itself has no employees or board of
directors and its operations are conducted by the Trustee, subject
to the direction by the Sponsor. Accordingly, the Trust has
designated a committee of the board of directors of the Sponsor to
act as the audit committee of the Trust for Rule 10A-3 purposes. The
Sponsor's role under the governing documents of the Trust makes the
Sponsor analogous to the managing member of a limited liability
company. The Exchange believes it is reasonable to interpret Rule
10A-3(e)(3) as permitting a trust to utilize a committee of the
board of directors of its sponsor as the trust's audit committee for
purposes of compliance with Rule 10A-3, provided that the sponsor's
role with respect to the trust is analogous to the relationship
between a managing member and a limited liability company.
    \7\ The Trust is not an investment company registered under the
Investment Company Act of 1940, according to the Registration
Statement on Form S-1 for the Trust, which was filed with the
Commission on August 20, 2008 (File No. 333-153099) (``Registration
Statement'').
---------------------------------------------------------------------------

    The investment objective of the Trust will be to maximize absolute
returns from its portfolio of (i) exchange-traded futures contracts
involving commodities, currencies, certain eligible stock and/or bond
indices, interest rates and sovereign, private and mortgage- or asset-
backed debt instruments \8\ and/or (ii) certain currency forward
contracts in the top 25 most liquid or actively traded currencies
measured by turnover in the most recent BIS Central Bank Survey, each
as disclosed in the Trust's prospectus as such may be amended from time
to time, while seeking to reduce the risks and volatility inherent in
those investments by taking long and short positions in historically
correlated assets. The Trust will also earn interest on the assets used
to collateralize its trading positions. The return on assets in the
portfolio, if any, is not intended to track the performance of any
index or benchmark.
---------------------------------------------------------------------------

    \8\ See supra note 5.
---------------------------------------------------------------------------

    Additional details regarding creations and redemptions of the
Shares, the organization and structure of the Trust, the commodity
trading advisor of the Trust, the dissemination and availability of
information about the underlying assets, trading halts, applicable
trading rules, surveillance, and the Information Bulletin can be found
in the Notice and/or the Registration Statement.

III. Discussion and Commission's Findings

    After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirements of the Act and the
rules and regulations thereunder applicable to a national securities
exchange.\9\ In particular, the Commission finds that the proposed rule
change is consistent with the requirements of Section 6(b)(5) of the
Act,\10\ which requires, among other things, that the Exchange's rules
be designed 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.
---------------------------------------------------------------------------

    \9\ In approving this proposed rule change, the Commission notes
that it has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    With respect to the Exchange's proposal to adopt new NYSE Arca
Equities Rule 8.700 relating to the listing and trading of Managed
Trust Securities, the Commission notes that the standards proposed
therein are based on listing standards of other derivative securities
products that have previously been approved by the Commission. Except
for the definition of ``Managed Trust Securities,'' each of the defined
terms under new NYSE Arca Equities Rule 8.700(c) are substantively
identical to those applicable to Managed Fund Shares under NYSE Arca
Equities Rule 8.600.\11\ In addition, almost all of the proposed
initial and continued listing criteria and Commentaries under new NYSE
Arca Equities Rule 8.700 are substantively identical to those
applicable to Managed Fund Shares set forth in NYSE Arca Equities Rule
8.600. Specifically with respect to the proposed continued listing
criteria for Managed Trust Securities, the Commission notes that new
NYSE Arca Equities Rule 8.700(e)(2)(C)(i) is substantively identical to
the continued listing criteria applicable to other types of commodity-
and currency-based derivative securities products.\12\ The Commission
also notes that proposed NYSE Arca Equities Rules 8.700(e)(2)(E),
8.700(e)(3)-(5), and 8.700(f)-(g), relating to the trust, trustee,
voting rights, Market Maker accounts, and limitation of liability of
the Corporation, are substantively identical to those respective
provisions applicable to other types of commodity- and currency-based
derivative securities products.\13\ Further, the Commission notes that
the Exchange is required to file a proposed rule change pursuant to
Section 19(b)(1) of the Act to list and trade each issue of Managed
Trust Securities. The Commission believes that the proposed new listing
rule, NYSE Arca Equities Rule 8.700, is reasonably designed to protect
investors and the public interest.
---------------------------------------------------------------------------

    \11\ See Securities Exchange Act Release No. 57619 (April 4,
2008), 73 FR 19544 (April 10, 2008) (SR-NYSEArca-2008-25) (approving
the adoption of NYSE Arca Equities Rule 8.600 governing the listing
and trading of Managed Fund Shares). See also NYSE Arca Equities
Rule 8.600.
    \12\ See, e.g., NYSE Arca Equities Rule 8.200 (Trust Issued
Receipts), NYSE Arca Equities Rule 8.201 (Commodity-Based Trust
Shares), NYSE Arca Equities Rule 8.202 (Currency-Based Trust
Shares), and NYSE Arca Equities Rule 8.204 (Commodity Futures Trust
Shares).
    \13\ See id.
---------------------------------------------------------------------------

    In addition, the Commission finds that the proposal to list and
trade the Shares on the Exchange is consistent with Section
11A(a)(1)(C)(iii) of the Act,\14\ which sets forth Congress' finding
that it is in the public interest and appropriate for the protection of
investors and the maintenance of fair and orderly markets to assure the
availability to brokers, dealers and investors of information with
respect to quotations for and transactions in securities. Quotation and
last-sale information for the Shares will be available via the
Consolidated Tape Association CQ High-Speed Lines, and one or more
major market data vendors will disseminate the Intraday Indicative
Value (``IIV'') at least every 15 seconds during the time the Shares
trade on the Exchange. In addition, the Trust will make available daily
on its Web site the Disclosed Portfolio, which will include, as
applicable, the name identifier and

number of each futures contract, the amount and currency type of each
forward contract, and the amount of cash held. The Web site for the
Trust will also contain the following information: (1) The prior
business day's NAV per Share \15\ and the reported closing price; (2)
the mid-point of the bid-ask price in relation to the NAV per Share as
of the time the NAV is calculated (``Bid-Ask Price''); \16\ (3)
calculation of the premium or discount of such price against such NAV
per Share; (4) data in chart form displaying the frequency distribution
of discounts and premiums of the Bid-Ask Price against the NAV per
Share, within appropriate ranges for each of the four previous calendar
quarters; (5) the prospectus and the most recent periodic reports filed
with the Commission or required by the CFTC;\17\ and (6) other
applicable quantitative information. The Exchange will disseminate for
the Trust on a daily basis by means of Consolidated Tape Association CQ
High Speed Lines information with respect to the recent Trust NAV,
number of Shares outstanding, and the basket amount. The Exchange will
also make available on its Web site daily trading volume, closing
prices, and the Trust's NAV per Share. The Exchange states that pricing
for futures contracts is available from the relevant exchange on which
such futures contracts trade, and pricing for forward contracts is
available from major market data vendors. Lastly, information regarding
the market price and volume of the Shares will be continually available
on a real-time basis throughout the day on brokers' computer screens
and other electronic services, and the previous day's closing price and
trading volume information for the Shares will be published daily in
the financial sections of newspapers.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \15\ The most recent end-of-day NAV of the Trust and NAV per
Share will be published by the Sponsor as of 4 p.m. Eastern Time
daily on Reuters and/or Bloomberg and on the Trust's Web site at
http://www.iShares.com. The end-of-day NAV per Share will also be
published the following morning on the Consolidated Tape.
    \16\ The Bid-Ask Price of Shares is determined using the highest
bid and lowest offer as of the time of calculation of the NAV per
Share.
    \17\ Monthly account statements conforming to applicable CFTC
and NFA requirements are posted on the Trust's Web site at http://
www.iShares.com. Additional reports may be posted on the Trust's Web
site in the discretion of the Sponsor or as required by regulatory
authorities.
---------------------------------------------------------------------------

    The Commission further believes that the proposal to list and trade
the Shares is reasonably designed to promote fair disclosure of
information that may be necessary to price the Shares appropriately and
to prevent trading when a reasonable degree of transparency cannot be
assured. The Commission notes that the Exchange will obtain a
representation from the Trust that the NAV per Share will be calculated
daily and that the NAV and the Disclosed Portfolio will be made
available to all market participants at the same time.\18\
Additionally, if the Exchange becomes aware that the NAV or the
Disclosed Portfolio is not disseminated daily to all market
participants at the same time, the Exchange will halt trading in the
Shares until such information is available to all market
participants.\19\ Further, if the IIV is not being disseminated as
required, the Exchange may halt trading during the day in which the
disruption occurs; if the interruption persists past the day in which
it occurred, the Exchange will halt trading no later than the beginning
of the trading day following the interruption.\20\ The Exchange
represents that Barclays Global Fund Advisors, the commodity trading
advisor of the Trust, is affiliated with a broker-dealer. As a result,
Barclays Global Fund Advisors and its applicable affiliated broker-
dealers that are authorized to conduct trading have in place (or will
erect before launch) policies and procedures designed to prevent the
disclosure of material non-public information, including changes and
adjustments to the Disclosed Portfolio.\21\ Finally, the Commission
notes that the Reporting Authority that provides the Disclosed
Portfolio must implement and maintain, or be subject to, procedures
designed to prevent the use and dissemination of material non-public
information regarding the actual components of the portfolio.\22\
---------------------------------------------------------------------------

    \18\ See proposed NYSE Arca Equities Rule 8.700(e)(1)(B).
    \19\ See proposed NYSE Arca Equities Rule 8.700(e)(2)(D).
    \20\ See id. Trading in the Shares may also be halted because of
market conditions or for reasons that, in the view of the Exchange,
make trading in the Shares inadvisable. These may include: (1) The
extent to which trading is not occurring in the underlying futures
contracts or currency forward contracts; or (2) whether other
unusual conditions or circumstances detrimental to the maintenance
of a fair and orderly market are present. E-mail from Sudhir
Bhattacharrya, Vice President--Legal, NYSE Euronext, to Edward Cho,
Special Counsel, Division of Trading and Markets, Commission, dated
May 26, 2009.
    \21\ E-mail from Sudhir Bhattacharrya, Vice President--Legal,
NYSE Euronext, to Edward Cho, Special Counsel, Division of Trading
and Markets, Commission, dated May 26, 2009. The Exchange further
represents that personnel who make decisions concerning the Trust's
portfolio composition are subject to procedures designed to prevent
the use and dissemination of material, non-public information,
including information relating to the applicable Trust portfolio.
See Commentary .05 to proposed NYSE Arca Equities Rule 8.700.
    \22\ See proposed NYSE Arca Equities Rule 8.700(e)(2)(B)(ii).
---------------------------------------------------------------------------

    The Exchange has represented that the Shares are deemed equity
securities subject to the Exchange's rules governing the trading of
equity securities. In support of this proposal, the Exchange has made
representations, including:
    (1) The Shares will conform to the initial and continued listing
criteria under proposed NYSE Arca Equities Rule 8.700.
    (2) The Exchange's surveillance procedures are adequate to properly
monitor Exchange trading of the Shares in all trading sessions and to
deter and detect violations of Exchange rules and applicable federal
securities laws. In addition, the Exchange has an Information Sharing
Agreement in place with the New York Mercantile Exchange, the Kansas
City Board of Trade, ICE Futures, and the London Metal Exchange for the
purpose of providing information in connection with trading in or
related to futures contracts traded on such exchanges. Further, for
components traded on exchanges, not more than 10% of the weight of the
Trust's portfolio in the aggregate shall consist of components whose
principal trading market is not a member of the Intermarket
Surveillance Group or is a market with which the Exchange does not have
a comprehensive surveillance sharing agreement.
    (3) Prior to the commencement of trading, the Exchange will inform
its ETP Holders in an Information Bulletin of the special
characteristics and risks associated with trading the Shares.
Specifically, the Information Bulletin will discuss the following: (a)
The procedures for purchases and redemptions of Shares and that Shares
are not individually redeemable; (b) NYSE Arca Equities Rule 9.2(a),
which imposes a duty of due diligence on its ETP Holders to learn the
essential facts relating to every customer prior to trading the Shares;
(c) the requirement that ETP Holders deliver a prospectus to investors
purchasing newly issued Shares prior to or concurrently with the
confirmation of a transaction; (d) the risks involved in trading the
Shares during the Opening and Late Trading Sessions when an updated IIV
will not be calculated or publicly disseminated; and (e) trading
information.
    (4) The Fund will be in compliance with Rule 10A-3 under the
Act.\23\
---------------------------------------------------------------------------

    \23\ See supra note 6.

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

    (5) A minimum of 100,000 Shares will be required to be outstanding
at the start of trading.\24\
---------------------------------------------------------------------------

    \24\ See proposed NYSE Arca Equities Rule 8.700(e)(1)(A).
---------------------------------------------------------------------------

    This approval order is based on the Exchange's representations.
    For the foregoing reasons, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act \25\ and the
rules and regulations thereunder applicable to a national securities
exchange.
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\26\ that the proposed rule change (SR-NYSEArca-2009-30), as
modified by Amendment No. 1 thereto, be, and it hereby is, approved.
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
---------------------------------------------------------------------------

    \27\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-13969 Filed 6-12-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 85, Number 114 (Friday, June 12, 2020)]
[Notices]
[Pages 35970-35972]
[FR Doc No: 2020-12735]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. SIPA-181; File No. SIPC-2019-01]

Securities Investor Protection Corporation; Order Approving
Proposed Bylaw Change, as Revised by Amendment No. 1, Relating to SIPC
Board Compensation

June 9, 2020.
    Pursuant to Section 3(e)(1) of the Securities Investor Protection
Act of 1970 (``SIPA''),\1\ the Securities Investor Protection
Corporation (``SIPC'') filed with the Securities and Exchange
Commission (``Commission'') on October 8, 2019 proposed bylaw changes
relating to the compensation of SIPC's Board of Directors (``SIPC
Board''). On October 24, 2019, SIPC consented to a 90-day extension of
time before the proposed bylaw change would take effect pursuant to
Section

3(e)(1) of SIPA.\2\ On November 19, 2019, SIPC filed a revised version
of the proposed bylaw change (the ``proposed bylaw change''). The
proposed bylaw change replaced and superseded the original filing in
its entirety. On December 10, 2019, SIPC consented to a 90-day
extension of time before the proposed bylaw change would take effect
pursuant to Section 3(e)(1) of SIPA.\3\ Pursuant to Section 3(e)(1)(B)
of SIPA, the Commission found that the proposed bylaw change involved a
matter of such significant public interest that public comment should
be obtained.\4\ Consequently, pursuant to Section 3(e)(2)(A) of
SIPA,\5\ notice soliciting comment on the proposed bylaw change was
published in the Federal Register on January 30, 2020.\6\ On February
24, 2020, SIPC consented to an extension until May 14, 2020, and on
April 1, 2020, SIPC consented to an additional extension until June 15,
2020, for the Commission to approve or institute proceedings to
determine whether the proposed bylaw change should be disapproved.\7\
The Commission received one comment regarding the proposed bylaw
change.\8\ For the reasons described below, the Commission finds that
the proposed bylaw change is in the public interest and is consistent
with the purposes of SIPA.\9\ Therefore, this order approves the
proposed bylaw change under Section 3(e)(2) of SIPA.\10\
---------------------------------------------------------------------------

    \1\ See 15 U.S.C. 78ccc(e)(1).
    \2\ See id.
    \3\ See id.
    \4\ See 15 U.S.C. 78ccc(e)(1)(B).
    \5\ See 15 U.S.C. 78ccc(e)(2)(A).
    \6\ See Securities Investor Protection Corporation; Notice of
Filing of Proposed Bylaw Change, as Revised by Amendment No. 1,
Relating to SIPC Board Compensation; Correction, Release No. SIPA-
180A (Jan. 24, 2020), 85 FR 5513 (Jan. 30, 2020) (``Notice'').
    \7\ See 15 U.S.C. 78ccc(e)(2)(B).
    \8\ See Email from Martha C. Chemas, Esq., dated February 5,
2020 (``Chemas Email''). The comment on the proposed bylaw change is
available at https://www.sec.gov/comments/sipc-2019-01/sipc201901.htm.
    \9\ See 15 U.S.C. 78ccc(e)(2)(D).
    \10\ See 15 U.S.C. 78ccc(e)(2).
---------------------------------------------------------------------------

I. Description of the Proposed Bylaw Change

A. Background

    Under SIPA, the SIPC Board shall consist of seven members: Five
private sector directors and two public sector directors.\11\ The five
private sector directors are appointed by the President of the United
States and confirmed by the Senate. Of the five private sector
directors, three must be associated with, and representative of, the
securities industry, and two must not be associated with the securities
industry. SIPA provides that one of the public sector directors must be
an officer or employee of the Department of the Treasury and the other
must be an officer or employee of the Federal Reserve Board. Only
directors from outside of the securities industry can serve as
Chairperson and Vice Chairperson of the SIPC Board.
---------------------------------------------------------------------------

    \11\ See 15 U.S.C. 78ccc(c).
---------------------------------------------------------------------------

    Under SIPA, all matters relating to director compensation are
governed by the SIPC Bylaws.\12\ The private sector directors are
entitled to receive an honorarium, which is paid from the SIPC
Fund.\13\ Since 1994, when the position of Chairperson ceased to be a
full-time position, the honoraria paid to the private sector directors
have been increased once (in 2006). The following chart shows the
honoraria for the Chairperson, Vice Chairperson, and other private
sector directors from 1994 to 2006 and from 2006 to the present.
---------------------------------------------------------------------------

    \12\ See 15 U.S.C. 78ccc(c)(5).
    \13\ All expenditures from SIPC are required to be made out of
the SIPC Fund. See 15 U.S.C. 78ddd(a)(1).

----------------------------------------------------------------------------------------------------------------
        Bylaw date                   Bylaw                Chairperson      Vice chairperson   Industry directors
----------------------------------------------------------------------------------------------------------------
1994-2006................  Art. 2, Sec.   6.........  $1,000/meeting,     $500/meeting, $500/ Expenses only.
                                                       $500/day for        day for official
                                                       official business   business +
                                                       + expenses.         expenses.
2006-Present.............  Art. 2, Sec.   6.........  $15,000 honorarium  $6,250 honorarium   $6,250 honorarium
                                                       + expenses.         + expenses.         + expenses.
----------------------------------------------------------------------------------------------------------------

B. The Proposed Bylaw Change

    SIPC proposes to modify Section 6 of Article 2 of the SIPC Bylaws
to: (1) Raise the Chairperson's yearly honorarium from $15,000 to
$28,000; (2) raise the other private sector directors' yearly
honorarium from $6,250 to $12,000; (3) authorize a $28,000 yearly
honorarium for a Vice Chairperson who temporarily serves as acting
Chairperson for a continuous twelve month period while the position of
Chairperson remains vacant; and (4) authorize a $28,000 yearly
honorarium for a private sector director to whom the SIPC Board
delegates authority to perform certain functions of the Chairperson and
who performs those functions for a continuous twelve month period while
the positions of Chairperson and Vice Chairperson remain vacant. SIPC
justified its proposed bylaw change by describing the enhanced
responsibilities and risk assumed by members of the SIPC Board. SIPC
explained the level of time commitment required of directors and noted
the need to attract and retain qualified directors.\14\
---------------------------------------------------------------------------

    \14\ SIPC's full rationale for why the honoraria should be
increased is set forth in its narrative accompanying the proposed
bylaw changes. See Notice, 85 FR at 5513-5515.
---------------------------------------------------------------------------

    In addition, SIPC explained that the SIPC Board, through its public
sector directors (who do not receive an honorarium), commissioned Korn/
Ferry International (``Korn/Ferry''), a global management and executive
consulting firm, to provide recommendations with respect to
compensation for SIPC Board members.\15\ Independent of the Korn/Ferry
study, the public sector directors formulated a separate approach to
the matter, using the per diem pay of a Senior Executive Service
(``SES'') government employee as a benchmark. Using this measure, the
public sector directors concluded that the private sector directors
should receive an honorarium of $12,000 per year. Applying the current
ratio of Chair versus non-Chair honoraria, the public sector directors
concluded that the honorarium of the Chair should be $28,000. SIPC
proposed that the bylaw change, if approved, would take effect six
months from the date of approval or non-disapproval by the
Commission.\16\
---------------------------------------------------------------------------

    \15\ Based upon a study of director compensation of a peer group
of 23 organizations comparable to SIPC, Korn/Ferry recommended that:
(1) Director compensation consist of an annual retainer paid
quarterly and ranging between $30,000 and $50,000; (2) the Vice
Chair receive an additional amount of $3,000 to $5,000 per year; and
(3) the Chair receive an additional $10,000 to $15,000 per year. By
comparison, SIPC proposes that: (1) Private directors receive
$12,000 a year; and (2) the Chair receives an additional amount of
$14,000 more than other directors.
    \16\ Although the proposed bylaw change references May 6, 2020
as the date the quarterly installments of the honoraria begin, the
proposed bylaw change, including the increases in Board honoraria,
takes effect six months after the Commission's approval.
---------------------------------------------------------------------------

II. Comments Received

    The Commission received one comment on the proposed bylaw
change.\17\ The commenter--an individual--supported it.
---------------------------------------------------------------------------

    \17\ See Chemas Email.

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

III. Commission Findings

    Section 3(e) of SIPA sets forth the procedures for addressing
proposed SIPC rules and bylaws.\18\ Pursuant to Section 3(e)(1)(B) of
SIPA, the Commission found that the proposed bylaw changes involved a
matter of such significant public interest that public comment should
be obtained and required that the procedures applicable to SIPC
proposed rule changes in section 3(e)(2) of SIPA be followed.\19\
Section 3(e)(2) of SIPA sets forth the procedures for proposed rule
changes and provides that the Commission shall approve a proposed rule
change if it finds the change is in the public interest and is
consistent with the purposes of SIPA. As discussed below, the
Commission finds, pursuant to Section 3(e)(2)(D) of SIPA, that the
proposed bylaw change is in the public interest and consistent with the
purposes of SIPA.\20\
---------------------------------------------------------------------------

    \18\ See 15 U.S.C. 78ccc(e).
    \19\ See Notice, 85 FR 5513.
    \20\ See 15 U.S.C. 78ccc(e)(2)(D).
---------------------------------------------------------------------------

    As noted above, the SIPC Board's honoraria have not increased since
2006. However, SIPC states that the responsibility of the SIPC Board
members has increased since the 2008 financial crisis. For example,
since 2006, SIPC has been responsible for three major SIPA
liquidations: Bernard L. Madoff Investment Securities LLC; Lehman
Brothers, Inc.; and MF Global Inc. Moreover, Congress designated SIPC
to serve as trustee in the orderly liquidation of certain systemically
important broker-dealers in the Dodd-Frank Wall Street Reform and
Customer Protection Act of 2010.\21\ SIPC reports that these additional
responsibilities have coincided with an increase in the time commitment
for the role, including travel to attend SIPC Board meetings. In
addition, SIPC Board members have been sued in their capacity as Board
members.\22\ Finally, the Commission believes it is important to SIPC's
customer protection mission to recruit well-qualified individuals to
serve on the SIPC Board. SIPC directors should serve the public
interest and carry out its mission of protecting investors.
---------------------------------------------------------------------------

    \21\ See 12 U.S.C. 5385(a)(1).
    \22\ See, e.g., Canavan v. Harbeck, Case No. 2:10-cv-00954-FSH-
PS (D.N.J. 2010).
---------------------------------------------------------------------------

    The Commission also believes that the proposed increases in the
honoraria are reasonable. In particular, the amount of the proposed
honoraria for the private sector directors that do not serve as Chair
($12,000 annually) is in line with the maximum compensation paid to an
SES government employee, after pro rating for the estimated number of
days worked per year.\23\ Using the SES government employee salary as a
benchmark is appropriate given the similarity in the seniority and
public mission of both SES government employees and SIPC Board members.
The proposed increase in the Chairperson's, acting Chairperson's, or
the SIPC Board-delegated Chairperson's honorarium from $15,000 to
$28,000 maintains the same approximate ratio between the current
private sector directors' honoraria and that of the Chairperson, acting
Chairperson, or the SIPC Board-delegated Chairperson.
---------------------------------------------------------------------------

    \23\ The maximum SES salary in 2019 was $192,300. See Salary
Table No. 2019-ES: Rates of Basic Pay for Members of the Senior
Executive Service (SES), available at https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2019/ES.pdf (effective January 2019). When pro rating that salary for 16
days of service a year on the SIPC Board, the equivalent amount
earned equals $12,307 (i.e., $192,300 * 16 days/250-day work year).
Therefore, the proposed honoraria of $12,000 approximates a pro-
rated version the current maximum SES salary.
---------------------------------------------------------------------------

    For these reasons, the Commission finds, pursuant to Section
3(e)(2)(D) of SIPA, that it is in the public interest and is consistent
with the purposes of SIPA to increase the honoraria of the private
sector directors to account for the increased responsibilities and time
commitments associated with the positions and the potential legal risk
the private sector directors face, as well as to provide an incentive
to recruit well-qualified directors.\24\
---------------------------------------------------------------------------

    \24\ See 15 U.S.C. 78ccc(e)(2)(D).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 3(e)(2) of SIPA, that
the proposed bylaw change (SIPA 2019-01) is approved.\25\
---------------------------------------------------------------------------

    \25\ See 15 U.S.C. 78ccc(e)(2).

    By the Commission.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-12735 Filed 6-11-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: November 8, 2006 (Volume 71, Number 216)]
[Notices]
[Page 65561-65562]
[DOCID:fr08no06-128]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54686; File No. SR-NYSEArca-2006-68]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to the
Revision of Certain Equity Transaction Fees

 November 1, 2006.
    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 September 29, 2006, NYSE Arca, Inc. (``NYSE Arca'' 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 substantially prepared by NYSE Arca. The Exchange
submitted the proposed rule change under Section 19(b)(3)(A) of the Act
\3\ and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend the section of its Schedule of Fees
and Charges for Exchange Services (the ``Fee Schedule'') that applies
to ETP Holders \5\ executing certain round-lot transactions in NYSE-
listed (Tape A) equity securities (other than Exchange Traded Fund
(``ETF'') securities) on the Exchange. While changes to the Fee
Schedule pursuant to this proposal are effective upon filing, the new
rates became operative on October 1, 2006. The text of the proposed
rule change is available on the Exchange's Web site at http://www.nysearca.com
, at the Exchange's Office of the Secretary and at the

Commission's Public Reference Room.
---------------------------------------------------------------------------

    \5\ See NYSE Arca Equities Rule 1.1(n).
---------------------------------------------------------------------------

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

    In its filing with the Commission, NYSE Arca 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 the section of its Fee Schedule that
applies to ETP Holders executing certain round-lot transactions in
NYSE-listed (Tape A) equity securities (other than ETF securities) on
the Exchange.
    The Fee Schedule currently provides that no transaction fee will be
charged to ETP Holders for round-lot orders in NYSE-listed equity
securities (other than ETF securities) that are executed in the NYSE
Arca Book against inbound orders. The Exchange proposes to amend the
Fee Schedule to provide that ETP Holders will be entitled to a $0.002
per share credit for such orders. The Exchange proposes to offer this
credit in order to compete more effectively with other exchanges that
are offering liquidity rebates in NYSE-listed equity securities.
    The Exchange's Fee Schedule currently provides that a transaction
fee of $0.001 per share will be charged to ETP Holders for round-lot
orders in NYSE-listed equity securities (other than ETFs) that take
liquidity from the NYSE Arca Book. The Exchange proposes to amend the
Fee Schedule to provide that ETP Holders will be charged $0.003 per
share for such orders, including orders received through the
Intermarket Trading System (``ITS'').\6\ In addition, the Exchange
proposes to amend footnote 1 to the Fee Schedule to note that such fees
will apply to orders received through ITS. The Exchange proposes to
increase this fee in order to offset the proposed credit for round-lot
orders in NYSE-listed equity securities (other than ETF securities)
that are executed in the NYSE Arca Book against inbound orders, as
described above.
---------------------------------------------------------------------------

    \6\ Since October 1, 2006, the effective date of the ``Plan for
the Purpose of Creating and Operating an Intermarket Communications
Linkage Pursuant to Section 11A(a)(3)(B) of the Securities Exchange
Act of 1934'' (``Linkage Plan''), connectivity between markets is
provided pursuant to the Linkage Plan. The current ITS technology is
used to effectuate both the ITS Plan and Linkage Plan. Therefore,
the term ``ITS'' applies to the technology used to effectuate both
the ITS Plan and the Linkage Plan.

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

    The Exchange will continue to charge $0.001 per share for round-lot
orders in NYSE-listed equity securities (other than ETF securities)
routed outside the NYSE Arca Book.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act,\7\ in general, and furthers the
objectives of Section 6(b)(4) of the Act,\8\ in particular, regarding
the equitable allocation of reasonable dues, fees, and other charges
among exchange members and other persons using exchange facilities.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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.

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

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

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

    The proposed rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \9\ and subparagraph (f)(2) of Rule 19b-4
thereunder,\10\ because it establishes or changes a due, fee, or other
charge imposed by NYSE Arca. At any time within 60 days of the filing
of the proposed rule change, the Commission may summarily abrogate 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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(a)(ii).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSEArca-2006-68 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2006-68. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal offices of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEArca-2006-68 and should be submitted on or before
November 29, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
[FR Doc. E6-18829 Filed 11-7-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: April 19, 2006 (Volume 71, Number 75)]
[Notices]
[Page 20100-20101]
[DOCID:fr19ap06-80]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0325; FRL-8058-1]

Notice of Filing of a Pesticide Petition for the Establishment of
an Exemption from the Requirement of Regulations for Residues of 6-
Benzyladenine in or on Pear

 AGENCY Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the initial filing of a pesticide
petition proposing the establishment of an exemption from the
requirement of regulations for residues of 6-benzyladenine in or on
pear.

DATES: Comments must be received on or before May 19, 2006.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0325 and pesticide petition number (PP)
6F7035, 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) Public Docket
(7502C), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001.
     Hand Delivery: OPP Regulatory Public Docket, Environmental
Protection Agency, Rm. 119, Crystal Mall 2, 1801 S. Bell St.,
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 telephone number is (703)
305-5805.
     Important Note: OPP will be moving to a new location the
first week of May 2006. As a result, from Friday, April 28 to Friday,
May 5, 2006, the OPP Regulatory Public Docket will NOT be accepting any
deliveries at the Crystal Mall 2 address and this facility
will be closed to the public. Beginning on May 8, 2006, the OPP
Regulatory Public Docket will reopen at 8:30 a.m. and deliveries will
be accepted in Rm. S-4400, One Potomac Yard (South Building), 2777 S.
Crystal Drive, Arlington, VA 22202. The mail code for the mailing
address will change to (7502P), but will otherwise remain the same. The
OPP Public Docket telephone number and hours of operation will remain
the same after the move.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0325. 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 Federal 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. 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 in the electronic docket at http://www.regulations.gov, or,

if only available in hard copy, at the OPP Regulatory Public Docket at
the location identified under ``Delivery'' and ``Important Note.'' The
hours of operation for this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
telephone number is<PHONE_NUMBER>.

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:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

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

     1. Submitting CBI. Do not submit this information to EPA through
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. What Action is the Agency Taking?

    EPA is printing a summary of a pesticide petition received under
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a, proposing the establishment or amendment of regulations in
40 CFR part 180 for residues of pesticide chemicals in or on various
food commodities. EPA has determined that this pesticide petition
contains data or information regarding the elements set forth in FFDCA
section 408(d)(2); however, EPA has not fully evaluated the sufficiency
of the submitted data at this time or whether the data support granting
of the pesticide petition. Additional data may be needed before EPA
rules on this pesticide petition.
    Pursuant to 40 CFR 180.7(f), a summary of the petition included in
this notice, prepared by the petitioner is available on EPA's
Electronic Docket at http://www.regulations.gov. To locate this

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

New Exemption from Tolerance

    PP 6F7035. Valent Biosciences Corporation, 870 Technology Way,
Suite 100, Libertyville, IL 60048-6316, proposes to establish an
exemption from the requirement of a tolerance for residues of the
biopesticide Q6-benzyladenine in or on pear. Because this petition is a
request for an exemption from the requirement of a tolerance without
numerical limitations, no analytical method is required.

List of Subjects

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

    Dated: April 11, 2006
Janet L. Andersen
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.
[FR Doc. E6-5750 Filed 4-18-06; 8:45 am]

BILLING CODE 6560-50-S