[Federal Register: November 16, 2005 (Volume 70, Number 220)]
[Notices]
[Page 69617-69619]
[DOCID:fr16no05-133]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52760; File No. SR-NYSE-2005-75]

Self-Regulatory Organizations; New York Stock Exchange, Inc.;
Notice of Filing of Proposed Rule Change Relating to Section 802.01E of
the Listed Company Manual

November 10, 2005.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'' or ``Exchange Act'') \2\ and Rule 19b-4 thereunder,\3\
notice is hereby given that on October 26, 2005, the New York Stock
Exchange, Inc. (``Exchange'' or ``NYSE'') filed with the Securities and
Exchange Commission (``Commission'' or ``SEC'') the proposed rule
change as described in Items I, II, and III below, which items have
been prepared by the Exchange. The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The proposed rule filing reflects amendments to the Listed Company
Manual procedures applicable to companies that fail to file in a timely
manner their annual report required by the Act. The text of the
proposed rule change is set forth below. Additions are in italics and
deletions are in brackets.

Listed Company Manual

* * * * *
802.00 Continued Listing Criteria
* * * * *
802.01E SEC Annual Report Timely Filing Criteria
    A company that fails to file its annual report (Forms 10-K, 10-KSB,
20-F, 40-F or N-CSR) with the SEC in a timely manner will be subject to
the following procedures: Once the Exchange identifies that a company
has failed to file a timely periodic annual report with the SEC by the
later of (a) the date that

the annual report was required to be filed with the SEC by the
applicable form or (b) if a Form 12b-25 was timely filed with the SEC,
the extended filing due date for the annual report, the Exchange will
notify the company in writing of [its status] the procedures set forth
below. For purposes of this [Para.] Section 802.01E, the later of these
two dates will be referred to as the ``Filing Due Date.''
    Within five days of receipt of this notification, the company will
be required to (a) contact the Exchange to discuss the status of the
annual report filing, and (b) [if it has not already done so,] issue a
press release disclosing the status of the filing, noting the delay,
the reason for the delay and the anticipated filing date, if known. If
the company has not [fails to] issued [this] the required press release
[in a timely manner] by the fifth day following receipt of this
notification, the Exchange will itself issue a press release stating
that the company has failed to timely file its annual report with the
SEC.
    During the [nine] six-month period from the Filing Due Date, the
Exchange will monitor the company and the status of the filing,
including through contact with the company, until the annual report is
filed. If the company fails to file the annual report within [nine] six
months from the Filing Due Date, the Exchange may, in its sole
discretion, allow the company's securities to be traded for up to an
additional [three] six-month trading period depending on the company's
specific circumstances. If the Exchange determines that an additional
trading period of up to [three] six months is not appropriate,
suspension and delisting procedures will commence in accordance with
the procedures set out in [Para.] Section 804.00 of the Listed Company
Manual. A company is not eligible to follow the procedures outlined in
[Paras.] Sections 802.02 and 802.03 with respect to this criteria.
    In determining whether an additional up to [three] six-month
trading period is appropriate, the Exchange will consider the
likelihood that the filing can be made during the additional period, as
well as the company's general financial status, based on information
provided by a variety of sources, including the company, its audit
committee, its outside auditors, the staff of the SEC and any other
regulatory body. The Exchange strongly encourages companies to provide
ongoing disclosure on the status of the annual report filing to the
market through press releases, and will also take the frequency and
detail of such information into account in determining whether an
additional [three] six-month trading period is appropriate.
    If the Exchange determines that an additional up to [three] six-
month trading period is appropriate and the company fails to file its
periodic annual report by the end of the additional period, suspension
and delisting procedures will, subject to the provisions below,
commence in accordance with the procedures set out in [Para.] Section
804.00. In certain unique circumstances, a listed company that is
delayed in filing its annual report beyond the twelve-month period
described above because its financial statements have not yet been
completed may have a position in the market (relating to both the
nature of its business and its very large publicly-held market
capitalization) such that its delisting from the Exchange would be
significantly contrary to the national interest and the interests of
public investors. In such case, when the Exchange believes that the
company remains suitable for listing given:
    1. Its continuing compliance with applicable quantitative and
qualitative listing standards;
    2. Its continued ability to meet current debt obligations and
adequately finance operations;
    3. Its progress, as reported to the Exchange, in completing its
financial statements;
    4. Whether it has been publicly transparent on its status, issuing
press releases regarding its progress in completing its financial
statements and providing other information regarding its financial
status; and
    5. The reasonable expectation that the company will be able to
resume timely filings in the future,
the Exchange, in its sole discretion, may determine to allow the listed
company to continue listing beyond the twelve-month period. The
Exchange will advise the SEC of, and publish on the NYSE's website, any
such determination.
    The Exchange will reevaluate such determination once every three
months. If the Exchange reaffirms its decision to allow trading to
continue, the Exchange will advise the SEC of, and publish on the
NYSE's website, that reaffirmation.
    Note that, regardless of the procedures described above, if, at any
time, the Exchange deems it necessary or appropriate in the public
interest or for the protection of investors, trading in any security
can be suspended immediately, and[,] the Exchange will follow [in
accordance with] the procedures set out in [Para.] Section 804.00[,
application made to the SEC] to delist the security.
* * * * *

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. The
text of these statements may be examined at the places specified in
item IV below and is set forth in sections A, B, and C below.

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

1. Purpose
    The Exchange recently approved section 802.01E of the NYSE's Listed
Company Manual which codifies the Exchange's procedures relating to
situations where companies fail to satisfy the Commission's filing
requirements for annual reports on Forms 10-K, 10-KSB, 20-F, 40-F, or
N-CSR in a timely manner.
    Section 802.01E currently provides that if a company fails to
timely file a periodic annual report with the SEC, the Exchange will
monitor the company and the status of the filing. If the company fails
to file the annual report within nine months from the filing due date,
the Exchange may, in its sole discretion, allow the company's
securities to be traded for up to an additional three-month trading
period depending on the company's specific circumstances, but in any
event if the company does not file its periodic annual report by the
end of the one year period, the Exchange will begin suspension and
delisting procedures in accordance with the procedures in section
804.00.
    The Exchange believes that there are certain unique listed
companies that have a position in the market (relating to both the
nature of their business and their very large publicly-held market
capitalization) such that their delisting from the Exchange would be
significantly contrary to the national interest and the interests of
public investors, notwithstanding a delay in an annual report filing
that extended beyond one year.
    The Exchange is, therefore, proposing to amend section 802.01E to
provide that, for these certain unique companies that remain suitable
for listing given their relative financial health and compliance with
the NYSE's quantitative and qualitative listing standards, and with
respect to which there is a reasonable expectation that the company
will be able to resume timely filings in the future, the

Exchange may forebear, at its sole discretion, from commencing
suspension and delisting, notwithstanding their failure to file within
the time periods specified in section 802.01E. The Exchange will advise
the SEC of, and publish on the NYSE's Web site, any such determination.
In addition, the Exchange will reevaluate such determination once every
three months and, if the Exchange reaffirms its decision to allow
trading to continue, the Exchange will advise the SEC of, and publish
on the NYSE's website, that reaffirmation.
    In all such cases, Exchange staff will continue to hold regular
discussions and meetings with the company's management, directors,
regulators and advisors to monitor the status of the annual report
filing, as well as the company's compliance with the NYSE's other
qualitative and quantitative requirements, and to determine whether to
allow the company to continue to trade despite the continued failure to
file an annual report with the SEC. In addition, in order to provide
investors with appropriate notice that companies have failed to file
their annual reports with the SEC in a timely manner, the Exchange will
continue to monitor and disseminate transparent information on the
failure of such companies to file their annual report with the SEC,
including through appending an ``.LF'' indicator in the financial
status field of the company's ticker symbol and distributing that
information via the low speed ticker and through our data stream to
market data vendors.
    The NYSE also maintains an up to date list of companies that are
late in filing their annual reports with the SEC on our Web site at
http://www.nyse.com. Additionally, each NYSE listed company has a

unique data page on the site and, when applicable, this page indicates
that the company is considered a late filer.
    With respect to all companies subject to section 802.01E, the
Exchange is also proposing to (i) shorten the initial monitoring period
for companies that miss their Filing Due Date from nine to six months
and (ii) lengthen from three to six months the additional period that
the Exchange may grant companies prior to the commencement of
suspension and delisting procedures. In addition, the Exchange is
proposing minor amendments to section 802.01E to clarify the
requirements regarding procedures for press releases relating to late
filings.\4\
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    \4\ The Commission notes that the Exchange is clarifying the
type of information that must be included in the press release.
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2. Statutory Basis
    The basis under the Exchange Act for this proposed rule change is
the requirement under section 6(b)(5) \5\ that an exchange have rules
that are designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest.
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    \5\ 15 U.S.C. 78f(b)(5).
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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 written comments on
the proposed rule change.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the NYSE consents, the Commission will:
    A. By order approve the proposed rule change, or
    B. Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Exchange 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-NYSE-2005-75 on the subject line.

Paper Comments

    Send paper comments in triplicate to Jonathan G. Katz, Secretary,
Securities and Exchange Commission, 100 F Street, NE., Washington, DC
20549-9303. All submissions should refer to File Number SR-NYSE-2005-
75. 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 office of the NYSE. 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-NYSE-2005-75 and should be submitted on or before
December 7, 2005.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(12).
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Jonathan G. Katz,
Secretary.
[FR Doc. 05-22777 Filed 11-10-05; 4:38 pm]

BILLING CODE 8010-01-P


[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Notices]
[Page 89686]
[FR Doc No: 2023-28663]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2015-0436; FRL-11645-01-OMS]

Agency Information Collection Activities; Submission to the
Office of Management and Budget for Review and Approval; Comment
Request; Generic Clearance for TSCA Section 4 Test Rules, Test Orders,
Enforceable Consent Agreements (ECAs), Voluntary Data Submissions, and
Exemptions From Testing Requirements (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), Generic Clearance for TSCA
Section 4 Test Rules, Test Orders, Enforceable Consent Agreements
(ECAs), Voluntary Data Submissions, and Exemptions from Testing
Requirements (EPA ICR Number 1139.48, OMB Control Number 2070-0033) to
the Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act. This is a proposed
extension of the ICR, which is currently approved through December 31,
2023. Public comments were previously requested via the Federal
Register on November 2, 2021, during a 60-day comment period. This
notice allows for an additional 30-days for public comments.

DATES: Comments must be received on or before January 29, 2024.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OPPT-
2015-0436, to EPA online using https://www.regulations.gov (our
preferred method) or by mail to: EPA Docket Center, Environmental
Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW,
Washington, DC 20460. EPA's policy is that all comments received will
be included in the docket without change, including any personal
information provided, unless the comment includes profanity, threats,
information claimed to be Confidential Business Information (CBI), or
other information whose disclosure is restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
https://www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Katherine Sleasman, Mission Support
Division (7101M), Office of Program Support, Office of Chemical Safety
and Pollution Prevention, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 566-1204; email address: [email protected].

SUPPLEMENTARY INFORMATION: This is a proposed extension of the ICR
which is currently approved through December 31, 2023. An agency may
not conduct or sponsor and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.
    Public comments were previously requested via the Federal Register
on November 2, 2021, during a 60-day comment period (86 FR 60460). This
notice allows for an additional 30 days for public comments. Supporting
documents, which explain in detail the information that the EPA will be
collecting, are available in the public docket for this ICR. The docket
can be viewed online at https://www.regulations.gov or in person at the
EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW,
Washington, DC. The telephone number for the Docket Center is 202-566-
1744. For additional information about EPA's public docket, visit
https://www.epa.gov/dockets.
    Abstract: The generic ICR addresses the information collection
activities associated with the authorities provided to EPA under TSCA
section 4 (15 U.S.C. 2603), which allows EPA to require the development
of information related to chemicals to inform EPA and other federal
agencies about chemical risks, which in turn will inform decision
makers for purposes of prioritization, risk evaluation and risk
management of those chemicals.
    Respondents/affected Entities: Entities potentially affected by
this ICR are manufacturers (including imports) or processors of
chemical substances of mixtures, e.g., entities identified by North
American Industrial Classification System Codes 325 and 324.
    Respondent's obligation to respond: Mandatory per 15 U.S.C. 2603.
    Estimated number of respondents: 263.
    Frequency of response: On occasion.
    Total estimated burden: 114,561 hours (three year total). Burden is
defined at 5 CFR 1320.3(b).
    Total estimated costs: $27,261,789 (three year total), including
$17,725,254 capital or operation and maintenance costs.
    Changes in the estimates: The annual estimated labor burden
associated with testing costs increased by 5,749 hours. Updates were
made to reflect testing burden and labor costs for activities
associated with contacting laboratories and arranging testing and
sample collection. In addition, the 5,749 also accounts for the burden
being merged into this ICR that is associated with activities
associated with contacting laboratories and arranging testing as well
as reviewing guidance documents and pre-issuance outreach for Test
Orders. The estimated non-labor testing costs increased due to
inflation. With the increase in testing costs as well as increases in
labor and overhead costs over time, the annual costs to the industry
respondents increased by $1,014,408.

Courtney Kerwin,
Director, Information Engagement Division.
[FR Doc. 2023-28663 Filed 12-27-23; 8:45 am]
BILLING CODE P


                                August 6, 2021

MEMORANDUM

SUBJECT:     San Joaquin Valley, CA 1997 24-hour PM2.5 Nonattainment Area, Manteca Monitoring
      Station: 2018 98[th] Percentile and 2018-2020 Design Value Calculations

FROM: 	Dena Vallano, Region 9 Air Quality Analysis Office
		Brett Gantt, Office of Air Quality Planning and Standards

TO:                Docket EPA-R09-OAR-2021-0261

This memorandum addresses a data handling discrepancy in the EPA's Air Quality System (AQS) database and explains the methodology used by the EPA to determine the Manteca monitoring station (AQS ID: 06-077-2010) 2018 98[th] percentile concentration and 2018-2020 design value for the 1997 24-hour PM2.5 National Ambient Air Quality Standards (NAAQS). For this analysis, the EPA obtained data from data queries performed on July 23[rd], 2021 (AQS Combined Site Sample Values Report AMP355, Raw Data Report AMP350, and Design Value Report AMP480).

The PM2.5 98[th] percentile concentration and design value calculations listed in Table 1 compare the values currently in AQS with EPA calculations that follow the data handling procedures described in 40 CFR part 50, Appendix N Interpretation of the National Ambient Air Quality Standards for PM2.5. Specifically, the 24-hour PM2.5 averages measured at the Manteca monitoring station in calendar year 2018 were analyzed to calculate an annual 98[th] percentile concentration. This 2018 98[th] percentile concentration was then added to the 2019 and 2020 98[th] percentile concentrations from the Manteca monitoring station and averaged in accordance with 40 CFR part 50, Appendix N data handling procedures. These resulting 2018-2020 design values were then compared to the 1997 24-hour PM2.5 NAAQS of 65 ug/m[3]. Appendix N describes the data handling conventions and computations necessary for determining when the NAAQS for PM2.5 are met, specifically the primary and secondary annual and 24-hour PM2.5 NAAQS specified in §50.7, 50.13, and 50.18. Appendix N, §3.0(c) specifies how 24-hour average concentrations from submitted hourly PM2.5 concentration data will be computed in AQS. The validity of each 24-hour average concentration is determined by examining whether sufficient hourly values for the 24-hour period are available; if not, the 24-hour average concentration may still be considered valid if a substitution test is passed. Appendix N, §3.0(d) and (e) describe how site-level data are incorporated. Appendix N, §4.2 describes how the calculated number of creditable 24-hour samples for a given data year then determine whether the year of data meets data completeness requirements. Appendix N, §4.5 specifies the procedure for determining which value in the sorted series of daily values represents the 98[th] percentile concentration for that year.

Table 1. 2018 98[th] percentile concentrations and 2018-2020 design values for the 1997 24-hour PM2.5 NAAQS at the Manteca monitoring station (AQS ID: 06-077-2010) in San Joaquin Valley, CA
            AQS values not excluding exceptional events (ug/m[3])
       EPA-calculated values not excluding exceptional events (ug/m[3])
         EPA-calculated values excluding exceptional events (ug/m[3])
                            2018 98[th] percentile
                            2018-2020 design value
                            2018 98[th] percentile
                            2018-2020 design value
                            2018 98[th] percentile
                            2018-2020 design value
                                     96.9
                                     72[a]
                                     84.6
                                     68[b]
                                     84.6
                                  59[c][,][d]
[a] The 2019 98[th] percentile is 26.8 ug/m[3] and the 2020 98[th] percentile is 91.6 ug/m[3].
[b] The 2019 98[th] percentile is 26.8 ug/m[3] and the 2020 98[th] percentile is 91.6 ug/m[3].
[c]  Based on the design value calculation methodologies described in 40 CFR part 50, Appendix N, §4.2(b), the Manteca (AQS ID: 06-077-2010) 2018-2020 design value is considered invalid due to incomplete data in the 1[st], 2[nd], and 3[rd] quarters of 2019.
[d] The 2019 98[th] percentile is 26.8 ug/m[3] and the 2020 98[th] percentile is 66.9 ug/m[3].

For the Manteca monitoring station, the dates of November 12, 2018 and November 20, 2018 have 24-hour averages, 96.9 ug/m[3] and 97.0 ug/m[3] respectively, that are incorrectly considered valid creditable samples in AQS. AQS currently does not include the 1997 24-hour PM2.5 NAAQS as a Pollutant Standard. AQS reports for 24-hour PM2.5 data are only available for the 2006 24-hour PM2.5 NAAQS as a Pollutant Standard, and the rules applied within AQS to determine completeness, validity, and statistical calculations are those associated with the 2006 24-hour PM2.5 NAAQS. The EPA's interpretation of Appendix N is that the 1997 24-hour PM2.5 NAAQS of 65 ug/m[3] rather than the 2006 24-hour PM2.5 NAAQS of 35 ug/m[3] should be used when performing calculations to determine compliance with the 1997 24-hour PM2.5 NAAQS. Appendix N, §3.0(c) describes how to determine whether a 24-hour average value is creditable. If a 24-hour period is missing seven or more hours, it may be considered valid if, "after substituting zero for all missing hourly concentrations, the resulting 24-hour daily value is greater than the level of the 24-hour PM2.5 NAAQS". Both November 12, 2018 and November 20, 2018 missed seven or more hours of data due to instrument operational issues. Specifically, the missing data are flagged in AQS as "AH - Sample Flow Rate or CV out of Limits" and "AS  -  Poor Quality Assurance Results" on November 12, 2018 and November 20, 2018, respectively.  When zeros are substituted for the missing data, the resulting 24-hour value for both days is less than the level of the applicable NAAQS, i.e., less than 65 ug/m[3]. Based on the data handling protocols in Appendix N, §3.0(c), these two 24-hour averages should therefore not be considered creditable samples, not considered valid, and not be used to calculate the 98[th] percentile for calendar year 2018. The inclusion of these two 24-hour average values in the data record based on incorrectly using the 2006 24-hour PM2.5 NAAQS of 35 ug/m[3] results in a 2018 98[th] percentile concentration of 96.9 ug/m[3] and 2018-2020 24-hour design value of 72 ug/m[3], prior to exclusion of data impacted by potential exceptional events. The resulting corrected 2018 98[th] percentile concentration is 84.6 ug/m[3] and the 2018-2020 design value is 68 ug/m[3], prior to exclusion of data impacted by potential exceptional events.

Furthermore, the exclusion of data at the Manteca monitoring station impacted by the August 20-24, 2020 exceptional event results in a final 2018-2020 design value of 59 ug/m[3]. The rightmost columns in Table 1 reflect the EPA's concurrence on a PM2.5 wildfire exceptional event that includes the event days of August 20, 2020, August 21, 2020, August 23, 2020, and August 24, 2020 for the Manteca monitoring station. This exceptional event is described in greater detail in the EPA's July 2021 PM2.5 exceptional event concurrence documents for San Joaquin Valley, CA addressing the August 20-24, 2020 exceptional event, as included in the docket (EPA-R09-OAR-2021-0261). For these four Manteca monitor-days, the 24-hour average PM2.5 concentrations were not counted as exceedances but were included in the data completeness calculations as the exceedances were valid scheduled sample days, consistent with data handling procedures in 40 CFR part 50 Appendix N, §3.0. The resulting, final 2018-2020 design value of 59 ug/m[3] is considered invalid due to incomplete data in the 1[st], 2[nd], and 3[rd] quarters of 2019 based on the design value calculation methodologies described in 40 CFR part 50, Appendix N, §4.2(b).


[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Notices]
[Pages 73752-73753]
[FR Doc No: 2011-30719]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65807 File No. SR-OCC-2011-13]

Self-Regulatory Organizations; Options Clearing Corporation;
Notice of Filing of Amendment No. 2 and Amendment No. 3 to Proposed
Rule Relating to Relative Performance Indexes

November 22, 2011.
    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 21, 2011, The Options Clearing Corporation (``OCC'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change. On October 4, 2011, OCC filed Amendment No. 1 to
the proposed rule change. The proposed rule change, as modified by
Amendment No. 1, was published for comment in the Federal Register on
October 11, 2011.\3\ On November 17, 2011, OCC filed Amendment No. 2
and Amendment No. 3 to the proposed rule change. The proposed rule
change as amended by Amendment Nos. 1, 2 and 3 is described in Items I,
II, and III below, which Items have been prepared primarily by OCC. The
Commission is publishing this notice to solicit comments on Amendment
Nos. 2 and 3 to 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\ Securities Exchange Act Release No. 65483 (October 4, 2011),
76 FR 62981 (October 11, 2011).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The proposed rule change would remove any potential cloud on the
jurisdictional status of relative performance indexes.

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

    In its filing with the Commission, OCC 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. OCC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.

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

    The purpose of the proposed rule change is to remove any potential
cloud on the jurisdictional status of relative performance indexes.
NASDAQ OMX PHLX has proposed to trade options on indexes (``Alpha Index
Options'') that measure the relative total returns of a stock or
exchange-traded fund (``ETF'') against another stock or ETF, including
where one of the reference ETFs measured by the index is a gold- or
silver-based ETF.\4\ Generally, a relative performance index should be
considered to be an index of securities since the components of a
relative performance index are ETFs or other securities. However, OCC
would like to confirm the jurisdictional treatment of relative
performance indexes in situations in which one of the reference
securities of an underlying relative performance index is an ETF
designed to measure the return of gold or silver. To accomplish this
purpose, OCC is proposing to add an interpretation following Section 2
in Article XVII of OCC's By-Laws,\5\ clarifying that OCC will clear and
treat as securities any

relative performance index, including in situations in which one of the
reference securities of a relative performance. The Commission and
Commodity Futures Trading Commission (``CFTC'') have previously
approved changes to OCC's By-Laws clarifying that options on the CBOE
Gold ETF Volatility Index will be cleared and treated as securities.\6\
---------------------------------------------------------------------------

    \4\ The staff notes that on August 17, 2011, the Commission
issued an Order granting approval this proposed rule change. See
Securities Exchange Act Release No. 34-65149, 76 FR 52729 (August
23, 2011).
    \5\ The staff notes that OCC is also adding a definition of
``relative performance index'' to Section 1, which will be defined
as an index designed to measure the relative performance of a
reference security or reference index in relation to another
reference security or reference index.
    \6\ See Securities Exchange Act Release No. 34-62290, 75 FR
35861 (June 23, 2010); CFTC Order Exempting the Trading and Clearing
of Certain Products Related to the CBOE Gold ETF Volatility Index
and Similar Products, 75 FR 81977 (December 29, 2010).
---------------------------------------------------------------------------

    In its capacity as a ``derivatives clearing organization''
registered as such with the CFTC, OCC is filing this proposed rule
change for prior approval by the CFTC pursuant to provisions of the
Commodity Exchange Act (the ``CEA'') in order to foreclose any
potential liability under the CEA based on an argument that the
clearing by OCC of such options as securities options constitutes a
violation of the CEA. The rule filing has been amended at the request
of the CFTC. The CFTC requested that the rule filing be amended to
clarify that OCC will clear and treat as options on securities any
options on relative performance indexes for which a reference security
is an exchange-traded fund designed to measure the return of gold or
silver.\7\
---------------------------------------------------------------------------

    \7\ The staff notes that Amendment Nos. 2 and 3 provide that the
interpretation will not include options on relative performance
indexes for which a reference security is an exchange-traded fund
designed to measure the return of a commodity other than gold or
silver.
---------------------------------------------------------------------------

    OCC believes that the proposed interpretation of OCC's By-Laws is
consistent with the purposes and requirements of Section 17A of the
Exchange Act because it is designed to promote the prompt and accurate
clearance and settlement of transactions in securities options, to
foster cooperation and coordination with persons engaged in the
clearance and settlement of such transactions, to remove impediments to
and perfect the mechanism of a national system for the prompt and
accurate clearance and settlement of such transactions, and, in
general, to protect investors and the public interest. It accomplishes
this purpose by reducing the likelihood of a dispute as to the
Commission's jurisdiction over relative performance indexes in
situations where one of the reference securities of an underlying
relative performance index is a gold- or silver-based ETF. The proposed
rule change is not inconsistent with the By-Laws and Rules of OCC.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    OCC does not believe that the proposed rule change would impose any
burden on competition.

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

    Written comments were not and are not intended to be solicited with
respect to the proposed rule change as amended and none have been
received.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) As the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commissions Internet comment form (http://www.sec.gov/rules/sro.shtml) or send an email to<EMAIL_ADDRESS>
Please include File Number SR-OCC-2011-13 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-OCC-2011-13. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Section, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filings will also be available for
inspection and copying at the principal office of OCC and on OCC's Web
site at http://www.optionsclearing.com/components/docs/legal/rules_and_bylaws/sr_occ_11_13_a_3.pdf.
    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-OCC-2011-13
and should be submitted on or before December 20, 2011.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-30719 Filed 11-28-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 42 (Monday, March 4, 2013)]
[Rules and Regulations]
[Pages 14009-14010]
[FR Doc No: 2013-04574]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30888; Amdt. No. 3523]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective March 4, 2013. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of March 4, 2013.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    Availability_All SIAPs are available online free of charge. Visit
nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff
Minimums and ODP copies may be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Richard A. Dunham III, Flight
Procedure Standards Branch (AFS-420) Flight Technologies and Programs
Division, Flight Standards Service, Federal Aviation Administration,
Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (FDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and
Sec.  97.20 of Title 14 of the Code of Federal Regulations.
    The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAP and the corresponding effective dates. This
amendment also identifies the airport and its location, the procedure
and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP as amended in the transmittal. For safety and
timeliness of change considerations, this amendment incorporates only
specific changes contained for each SIAP as modified by FDC/P-NOTAMs.
    The SIAPs, as modified by FDC P-NOTAM, and contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these changes to
SIAPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts. The circumstances which created the need for all
these SIAP amendments requires making them effective in less than 30
days.
    Because of the close and immediate relationship between these SIAPs
and safety in air commerce, I find that notice and public procedure
before adopting these SIAPs are impracticable and contrary to the
public interest and, where applicable, that good cause exists for
making these SIAPs effective in less than 30 days.

Conclusion

    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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC, on February 15, 2013.
John M. Allen,
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal regulations, Part 97, 14 CFR part 97, is amended by
amending

Standard Instrument Approach Procedures, effective at 0901 UTC on the
dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Sec. Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35  [Amended]

    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

--------------------------------------------------------------------------------------------------------------------------------------------------------
      AIRAC date          State             City                Airport          FDC No.      FDC date                       Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
4-Apr-13.............  MA           Worcester...........  Worcester Rgnl.....       3/3157     02/08/13  RNAV (GPS) RWY 33, Orig.
4-Apr-13.............  OK           Tulsa...............  Tulsa Intl.........       3/3790     02/08/13  RNAV (RNP) Z RWY 26 Orig-B.
4-Apr-13.............  MI           Saginaw.............  Saginaw County H.W.       3/3806     02/08/13  RNAV (GPS) RWY 27, Amdt 1A.
                                                           Browne.
4-Apr-13.............  MI           Saginaw.............  Saginaw County H.W.       3/3807     02/08/13  ILS OR LOC/DME RWY 27 Orig-A.
                                                           Browne.
4-Apr-13.............  CA           Los Angeles.........  Los Angeles Intl...       3/4191     02/08/13  RNAV (GPS) Y RWY 7L, Amdt 2B.
4-Apr-13.............  NJ           Manville............  Central Jersey Rgnl       3/5067     02/08/13  RNAV (GPS) RWY 25, Amdt 1A.
4-Apr-13.............  NJ           Manville............  Central Jersey Rgnl       3/7662     02/11/13  RNAV (GPS) RWY 7, Amdt 1.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2013-04574 Filed 3-1-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Rules and Regulations]
[Pages 59865-59869]
[FR Doc No: 2016-20951]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0665]
RIN 1625-AA00

Safety Zone; Great Egg Harbor Bay, Marmora, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two temporary safety zones on
the waters of Great Egg Harbor Bay in Marmora, NJ. The first safety
zone includes all waters within 250 feet of vessel and machinery
conducting demolition operations on the remaining portions of the Route
9, Beesley Point Bridge bascule span. This safety zone is necessary to
provide for the safety of life on navigable waters during the
demolition and will re-route vessel traffic through an alternate
channel to facilitate heavy marine equipment operating in the main
navigational channel to remove the bascule span of the bridge and will
be in place throughout the entire duration of the demolition work.
    The second safety zone includes all waters within 500 yards of a
blasting vessel and equipment being used to conduct bridge pile
blasting operations, which is the final phase of the demolition of the
Route 9, Beesley Point Bridge bascule span. This safety zone will only
be enforced during times of explosive detonation. The safety zone will
temporarily restrict vessel traffic from transiting or anchoring in a
portion of the Great Egg Harbor Bay while pile blasting and removal
operations are being conducted to facilitate the removal of bridge
piles from the demolished Route 9, Beesley Point Bridge.

DATES: This rule is effective without actual notice from August 31,
2016 through October 20, 2016. For the purposes of enforcement, actual
notice will be used from August 22, 2016, until August 31, 2016. The
second safety zone will be enforced on or about October 1, 2016, only
during times of explosive detonation.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to, type USCG-2016-0665 in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Marine Science Technician First Class Tom Simkins, U.S.
Coast Guard, Sector Delaware Bay, Waterways Management Division, Coast
Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    In June of 2013, demolition work began on the Route 9, Beesley
Point Bridge between Somers Point and Marmora, NJ. Route 52
Construction, the company performing this demolition work, has
completed all demolition of the bridge and piles except the portion of
the bridge which has the bascule span opening for the navigational
channel.
    During this phase of demolition heavy marine equipment, to include
a large crane and barge, will be used to remove the large bascule span
arms and what is left of the bridge tender house and roadway. The barge
and crane must be placed in the navigational channel to properly secure
and remove what remains of the bridge.
    All piles from the demolished bridge south of the bascule span have
been removed. All piles north of the bascule span have been removed
with the exception of four piles, which are attached to the bascule
span for support. The Coast Guard has reviewed Route 52 Construction's
plan to move the main navigational channel 100 feet south of the most
southern portion of the remaining bridge to allow vessel traffic to
safely pass during the demolition of the bascule span. Once the bascule
span is removed, the piles will be removed

and the bridge will be completely removed from the waterway.
    The removal of the remaining piles, which are secured to the sea
floor bed, will be completed by using explosives, after which the piles
and debris will be removed. The Captain of the Port, Delaware Bay, has
determined that potential hazards associated with pile blasting and
removal operations, beginning on or about October 1, 2016, will be a
safety concern for anyone operating within 500 yards of pile blasting
and removal operations during times of explosive detonation.
    The purpose of this rule is to promote maritime safety and protect
vessels from the hazards of bridge demolition and pile blasting
operations, and to maintain safety of navigation in the Great Egg
Harbor Bay, in the vicinity of the Route 9, Beesley Point Bridge. The
rule will provide for a clear transit route for vessels, provide a
safety buffer around the crane and barge while demolition operations
are conducted, and provide a safety buffer around the blasting vessel
during times of explosive detonation.
    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the final details for this event were
not received by the Coast Guard until August 18, 2016, and the
demolition work will begin August 22, 2016. The first safety zone is
required by August 22, 2016, for the demolition of the remaining
portion of the bridge, and it is impracticable to publish an NPRM and
consider comments before that date. Allowing this event to go forward
without a safety zone in place would expose mariners and the public to
unnecessary dangers associated with bridge demolition operations. The
crane and barge must be placed in the main navigational channel to
facilitate the removal of the remaining portion of the bridge.
Therefore, it is imperative that there is a clear transit route and
safety zone around the demolition location.
    Furthermore, the second safety zone is needed for blasting
operations which will begin on or about October 1, 2016. It is
impracticable to publish an NPRM and consider comments due to the short
window of time until the operation begins. Allowing this event to go
forward without a safety zone in place would expose mariners and the
public to unnecessary dangers associated with pile blasting operations.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register for the reasons we
stated for not publishing an NPRM. The Coast Guard expects minimal
impact to vessels transiting through the alternate channel. Vessels
will be able to safely transit through the alternate channel at all
times, except during times of explosive detonation. The alternate
channel will have the same horizontal clearance and no vertical
clearance restriction, similar to the current navigational channel.
Furthermore, notification for the first safety zone will be made via
marine safety broadcast using VHF-FM channel 16 and through the Local
Notice to Mariners.
    For the second safety zone, the pile blasting operation, two
blasting events will occur on consecutive days to complete both piers.
Notification for the second safety zone will be a combination of
broadcast notice to mariners, local notice to mariners, posted warning
signs, 500 yard marine traffic safety zone maintained by the
contractor's safety boats during time of explosive detonations, a 10
minute, 5 minutes, and 1 minute warning made by the blasting vessel via
VHF-FM channel 16, and warning signals at 5 minutes with 3 short blasts
of the air horn, and 1 minute warning of 2 short blasts of the air
horn. The schedule of the signals will be posted along with all other
required company, Local, State, and Federal signage.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port, Delaware Bay has determined that
potential hazards are associated with demolition and pile blasting
operations of the Route 9, Beesley Point Bridge, over the Great Egg
Harbor Bay, in Marmora, NJ from August 22, 2016, through October 20,
2016. The rule will provide for a clear transit route for vessels,
provide a safety buffer around the crane and barge while demolition
operations are conducted, and provide a safety buffer around the
blasting vessel during times of explosive detonation.
    The rule will minimally impact vessels transiting through the Great
Egg Harbor Bay navigational channel, in the vicinity of the Route 9,
Beesley Point Bridge because vessels will be able to safely transit
through an adequate alternate channel, except during times of explosive
detonation. The alternate channel will have the same horizontal
clearance and no vertical clearance restriction, similar to the current
navigational channel.

IV. Discussion of the Rule

    On August 22, 2016, demolition work will begin on the remaining
portion of the Route 9, Beesley Point Bridge, over the Great Egg Harbor
Bay, in Marmora, NJ. The Captain of the Port, Delaware Bay, has
determined that the hazards associated with demolition and pile
blasting operations require two separate safety zones. The first safety
zone will encompass all the navigable waters within 250 feet of the
marine equipment and demolition operation. Entry into, transiting, or
anchoring within the safety zone is prohibited unless authorized by the
Captain of the Port, Delaware Bay, or his designated representative.
Vessels wishing to transit the waterway may navigate approximately 100
feet south of the main navigational channel to the alternate
navigational channel to safely pass the demolition equipment. An
adequate alternate navigational channel will be established 100 feet
south of the most southern portion of the bascule span which will have
the a horizontal clearance of 60 feet and an unlimited vertical
clearance. The alternate navigational channel will be clearly marked
with red and green buoys; during the evening the buoys will be lit with
red and green lights to signify the channel. The alternate channel will
have the same horizontal clearance and no vertical clearance
restrictions; the State of New Jersey has marked the channel with best
water for passage of vessels. Vessels are requested to contact the
demolition crew via VHF-FM channel 13 or 16 to make satisfactory
passing arrangement and maintain a safe speed when transiting the
alternate navigational channel.
    The second safety zone will be enforced starting on or about
October 1, 2016, only during times of explosive detonation, and
encompasses all navigable waters in the Great Egg Harbor Bay within 500
yards of vessels and machinery being used to conduct pile blasting and
removal operations. The duration of the enforcement of the zone is
intended to protect personnel, vessels, and the marine environment in
these navigable waters while explosive detonation occurs. There will be
two blasting events occurring on consecutive days to complete both
piers. Actual dates and times of explosive detonation

will be published with a combination of broadcast notice to mariners,
local notice to mariners, posted warning signs, 500 yard marine traffic
safety zone maintained by the contractors safety boats, a 10 minute, 5
minutes, and 1 minute warning made by the blasting vessel via VHF-FM
channel 16, and warning signals at 5 minutes with 3 short blasts of the
air horn, and 1 minute warning of 2 short blasts of the air horn. The
schedule of the signals will be posted along with warning signs.
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port, Delaware Bay,
or his designated representative. No vessels may transit through the
safety zone during times of explosives detonation. During pile blasting
explosive detonation, vessels will be required to maintain a 500-yard
distance from vessels and equipment used to conduct pile blasting and
removal operations. This 500 yard radius will be secured by two
contractor safety boats in the adjacent waterways. For safety reasons
associated with the blasting operation, during times of explosive
detonation the alternate navigational channel will be closed. At all
other times vessels may transit through the established alternate
navigational channel approximately 100 feet south of the southernmost
remaining pile of the Route 9, Beesley Point Bridge.
    Signs will be posted to identify the blast area and warning signs
will be posted with the schedule of the warning signals. The contractor
will verify that all vessels and persons are clear of safety zone 10
minutes prior to the scheduled shot time and will remain secured until
the blaster gives the ``All Clear''. All persons involved with securing
the blast zone will be equipped with marine radios. A 10 minute, 5
minutes, and 1 minute warning made by the blasting vessel via VHF-FM
channel 16, and warning signals at 5 minutes with 3 short blasts of the
air horn, and 1 minute warning of 2 short blasts of the air horn. After
every explosive detonation the blasting vessels will give the ``All
Clear'' when the alternate channel is clear for vessels to transit.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
    This finding is based on the limited size of the zone and the
availability for vessels to transit freely through the alternate
channel, around the first safety zone. Vessels will only be affected
during times of explosive detonation, where the second safety zone will
be enforced. The second safety zone is of a limited size and duration
as blasting will occur only for a consecutive two day period. In
addition, the zones will be well publicized to allow mariners to make
alternative plans for transiting the affected area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    It is expected that there will be minimal disruption to the
maritime community. Before the effective period, the Coast Guard will
issue maritime advisories widely available to users of the river to
allow mariners to make alternative plans for transiting the affected
areas. In addition, vessels may transit around the zone through an
alternate channel, except during time of explosive detonation.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of

$100,000,000 (adjusted for inflation) or more in any one year. Though
this rule will not result in such an expenditure, we do discuss the
effects of this rule elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves two safety zones, the first encompassing all the waters
within 250 feet of demolition operations on the remaining portion of
the Route 9, Beesley Point Bridge, over Great Egg Harbor Bay, in
Marmora, NJ and the second encompassing all navigable waters in the
Great Egg Harbor Bay within 500 yards of vessels and machinery being
used to conduct pile blasting and removal operations during times of
explosive detonation. It is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add temporary Sec.  165.T05-0665, to read as follows:

Sec.  165.T05-0665  Safety Zone; Great Egg Harbor Bay, Marmora, NJ.

    (a) Regulated areas. The following areas are safety zones:
    (1) Bascule span demolition zone. All waters within 250 feet of
vessels and machinery conducting demolition operations in Great Egg
Harbor Bay, in the vicinity of Route 9, Beesley Point Bridge bascule
span, in Marmora, NJ.
    (2) Bridge pile blasting zone. All waters within 500 yards of the
blasting vessel and equipment conducting pile blasting operations, in
Great Egg Harbor Bay, in the vicinity of Route 9, Beesley Point Bridge,
in Marmora, NJ.
    (b) Regulations. The general safety zone regulations in Sec.
165.23 apply to the safety zones created by this temporary section,
Sec.  165.T05-0665.
    (1) All vessels and persons are prohibited from entering into or
moving within the safety zones described in paragraph (a) of this
section while they are subject to enforcement, unless authorized by the
Captain of the Port, Delaware Bay, or by his designated representative.
    (2) Persons or vessels seeking to enter or pass through the safety
zones must contact the Captain of the Port, Delaware Bay, or his
designated representative to seek permission to transit the area. The
Captain of the Port, Delaware Bay can be contacted at telephone number
215-271-4807 or on Marine Band Radio VHF Channel 16 (156.8 MHz).
    (3) Vessels may freely transit through the marked alternate
channel, approximately 100 feet south of the most southern portion of
the bascule span. The alternate channel has a horizontal clearance of
60 feet and unlimited vertical clearance. The alternate channel will be
marked with red and green buoys and the buoys will be lit at night.
Vessels are requested to contact the demolition crew via VHF-FM channel
13 or 16 to make satisfactory passing arrangement and maintain a safe
speed when transiting the alternate navigational channel.
    (4) No vessels may transit through the safety zone described in
paragraph (a)(2) of this section during times of explosives detonation.
During pile blasting detonation, vessels will be required to maintain a
500 yard distance from the blasting vessel and equipment. Within the
500 yards is the alternate channel, approximately 100 feet south of the
most southern portion of the bascule span. Therefore no vessel may
transit the alternate channel during times of explosive detonation.
Actual dates and times of explosive detonation will be announced with a
combination of broadcast notice to mariners, local notice to mariners,
posted warning signs, 500 yard marine traffic safety zone maintained by
the contractors safety boats, 10 minute, 5 minutes, and 1 minute
warning made by the blasting vessel via VHF-FM channel 16, and warning
signals at 5 minutes with 3 short blasts of the air horn, and 1 minute
warning of 2 short blasts of the air horn. The schedule of the signals
will be posted along with all other required signage.
    (5) This section applies to all vessels except those engaged in the
following operations: enforcing laws, servicing aids to navigation, and
emergency response vessels.
    (c) Definitions. As used in this section:
    Captain of the Port Delaware Bay means the Commander, U.S. Coast
Guard Sector Delaware Bay, Philadelphia, PA.
    Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Delaware Bay to assist in enforcing the safety zone described in
paragraph (a) of this section.
    (d) Enforcement. The U.S. Coast Guard may be assisted by Federal,
State and local agencies in the patrol and enforcement of the zone.
    (e) Enforcement period. This first safety zone will be enforced
from August 22, 2016, through October 20, 2016, unless cancelled
earlier by the Captain of the Port. The second safety zone for pile
blasting will only be enforced during times of explosive detonation.
Pile Blasting operations are schedule to begin on or about October 1,
2016. Actual dates and times of explosive detonation will be published
with a combination of broadcast notice to mariners, local notice to
mariners, posted warning signs, 500 yard marine traffic safety zone
maintained by the contractors safety boats, 10 minute, 5 minutes, and 1
minute warning made by the blasting vessel via VHF-FM channel 16, and
warning signals at 5 minutes with 3 short blasts of the air horn, and 1
minute warning of 2 short blasts of the air horn. The schedule of the
signals will be posted along with warning signs.

    Dated: August 22, 2016.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2016-20951 Filed 8-30-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 17 (Wednesday, January 26, 2011)]
[Notices]
[Pages 4652-4653]
[FR Doc No: 2011-1569]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Staff Attendance at Southwest Power Pool Regional
Entity Trustee, Regional State Committee and Board of Directors
Meetings

January 18, 2011.
    The Federal Energy Regulatory Commission hereby gives notice that
members of its staff may attend the meetings of the Southwest Power
Pool, Inc. (SPP) Regional Entity Trustee (RE), Regional State Committee
(RSC) and Board of Directors, as noted below. Their attendance is part
of the Commission's ongoing outreach efforts.
    All meetings will be held at the Doubletree Hotel, 300 Canal
Street, New Orleans, LA 70130. The hotel phone number is (504) 581-
1300.

SPP RE
    January 24, 2011 (8:30 a.m.-2 p.m.)
SPP RSC
    January 24, 2011 (1 p.m.-5 p.m.)
SPP Board of Directors
    January 25, 2011 (8 a.m.-3 p.m.)

    The discussions may address matters at issue in the following
proceedings:

Docket No. ER06-451, Southwest Power Pool, Inc.
Docket No. ER08-1419, Southwest Power Pool, Inc.
Docket No. ER09-35, Tallgrass Transmission LLC
Docket No. ER09-36, Prairie Wind Transmission LLC
Docket No. ER09-659, Southwest Power Pool, Inc.
Docket No. ER09-1050, Southwest Power Pool, Inc.
Docket No. OA08-61, Southwest Power Pool, Inc.
Docket No. OA08-104, Southwest Power Pool, Inc.
Docket No. ER10-659, Southwest Power Pool, Inc
Docket No. ER10-696, Southwest Power Pool, Inc.
Docket No. ER10-941, Southwest Power Pool, Inc.
Docket No. ER10-1069, Southwest Power Pool, Inc.
Docket No. ER10-1254, Southwest Power Pool, Inc.
Docket No. ER10-1269, Southwest Power Pool, Inc.
Docket No. ER10-1697, Southwest Power Pool, Inc.
Docket No. ER10-1960, Southwest Power Pool, Inc.
Docket No. ER10-2244, Southwest Power Pool, Inc.
Docket No. ER11-13, Southwest Power Pool, Inc.
Docket No. ER11-2071, Southwest Power Pool, Inc.
Docket No. ER11-2101, Southwest Power Pool, Inc.
Docket No. ER11-2103, Southwest Power Pool, Inc.
Docket No. ER11-2188, Southwest Power Pool, Inc.
Docket No. ER11-2190, Southwest Power Pool, Inc.
Docket No. ER11-2194, Southwest Power Pool, Inc.
Docket No. ER11-2198, Southwest Power Pool, Inc.
Docket No. ER11-2103, Southwest Power Pool, Inc.
Docket No. ER11-2188, Southwest Power Pool, Inc.
Docket No. ER11-2190, Southwest Power Pool, Inc.
Docket No. ER11-2194, Southwest Power Pool, Inc.
Docket No. ER11-2198, Southwest Power Pool, Inc.
Docket No. ER11-2205, Southwest Power Pool, Inc.
Docket No. ER11-2220, Southwest Power Pool, Inc.
Docket No. ER11-2291, Southwest Power Pool, Inc.
Docket No. ER11-2303, Southwest Power Pool, Inc.
Docket No. ER11-2308, Southwest Power Pool, Inc.
Docket No. ER11-2309, Southwest Power Pool, Inc.
Docket No. ER11-2315, Southwest Power Pool, Inc.
Docket No. ER11-2317, Southwest Power Pool, Inc.
Docket No. ER11-2345, Southwest Power Pool, Inc.
Docket No. ER11-2385, Southwest Power Pool, Inc.
Docket No. ER11-2401, Southwest Power Pool, Inc.
Docket No. ER11-2415, Southwest Power Pool, Inc.
Docket No. ER11-2425, Southwest Power Pool, Inc.
Docket No. ER11-2428, Southwest Power Pool, Inc.
Docket No. ER11-2525, Southwest Power Pool, Inc.
Docket No. ER11-2528, Southwest Power Pool, Inc.
Docket No. ER11-2619, Southwest Power Pool, Inc.

    These meetings are open to the public.
    For more information, contact Patrick Clarey, Office of Energy
Market Regulation, Federal Energy Regulatory Commission at (317) 249-
5937 or<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-1569 Filed 1-25-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Notices]
[Pages 60674-60676]
[FR Doc No: 2015-25433]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0601; FRL-9934-20]

Notice of Receipt of Requests for Amendments To Terminate Uses in
Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In accordance with the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of request
for amendments by registrants to terminate uses in certain pesticide
registrations. FIFRA provides that a registrant of a pesticide product
may at any time request that any of its pesticide registrations be
amended to terminate one or more uses. FIFRA further provides that,
before acting on the request, EPA must publish a notice of receipt of
any request in the Federal Register.

DATES: Unless a request is withdrawn by November 6, 2015 for
registrations for which the registrant requested a waiver of the 180-
day comment period, EPA expects to issue orders terminating these uses.
The Agency will consider withdrawal requests postmarked no later than
November 6, 2015. Comments must be received on or before November 6,
2015, for those registrations where the 180-day comment period has been
waived.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2015-0601, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.

     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001. Written Withdrawal Request, ATTN: Information Technology
and Resources Management Division (7502P).
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Mark Hartman, Information Technology
and Resources Management Division (7502P), Office of Pesticide
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; main telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
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 persons who produce or use
pesticides, the Agency has not attempted to describe all the specific
entities that may be affected by this action.

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 email. 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 preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. What action is the agency taking?

    This notice announces receipt by the Agency of applications from
registrants to terminate uses in certain pesticide products registered
under FIFRA section 3 (7 U.S.C. 136a) or 24(c) (7 U.S.C. 136v(c)).
These registrations are listed in Table 1 of this unit by registration
number, product name, active ingredient, and specific uses terminated.

              Table 1--Requests for Amendments To Terminate Uses in Certain Pesticide Registrations
----------------------------------------------------------------------------------------------------------------
        EPA Registration No.              Product name          Active ingredient        Use to be terminated
----------------------------------------------------------------------------------------------------------------
5905-566...........................  HM-0210-A Systemic PGR  Indole-3-butyric acid   Injection and Basal Bark
                                      & Fungicide.            & Mono- and di-         Application for control of
                                                              potassium salts of      Phytophthora and Pythium
                                                              phosphorous acid.       and other diseases
                                                                                associated with Stem and
                                                                                Canker Blight, Beech
                                                                                Decline, and general tree
                                                                                decline syndromes in
                                                                                landscapes, nurseries,
                                                                                golf courses, forests and
                                                                                parks.
47000-73...........................  CT-511 Aerosol          MGK 264, Piperonyl      Beef cattle operations,
                                      Insecticide.            butoxide & Pyrethrins.  Poultry operations, Dairy
                                                                                farm use, Dairy animal
                                                                                use, Stanchion barn use &
                                                                                Hog operations.
73385-1............................  Quimag Quimicos Aguila  Copper sulfate          Wood treatment uses.
                                      Copper Sulfate          pentahydrate.
                                      Crystal.
----------------------------------------------------------------------------------------------------------------

    Unless a request is withdrawn by the registrant within 30 days of
publication of this notice, EPA expects to issue orders terminating all
of these uses. Users of these pesticides or anyone else desiring the
retention of a use should contact the applicable registrant directly
during this 30-day period.
    Table 2 of this unit includes the names and addresses of record for
all registrants of the Products In Table 1 of this unit, in sequence by
EPA company number.

 Table 2--Registrants Requesting Amendments To Terminate Uses in Certain
                         Pesticide Registrations
------------------------------------------------------------------------
          EPA Company No.                  Company name and address
------------------------------------------------------------------------
5905...............................  Helena Chemical Company, Agent
                                      Name: Helena Products Group, 7664
                                      Smythe Farm Road, Memphis, TN
                                      38120.
47000..............................  Chem-Tech, Ltd., 10 Hopkins Drive,
                                      Randolph, WI 53956.
73385..............................  Fabrica De Sulfato El Aguila, S.A.
                                      De C.V., Agent Name: Landis
                                      International, Inc., P.O. Box
                                      5126, Valdosta, GA 31603-5126.
------------------------------------------------------------------------

III. What is the agency's authority for taking this action?

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a
registrant of a pesticide product may at any time request that any of
its pesticide registrations be amended to terminate one or more uses.
FIFRA further provides that, before acting on the request, EPA must
publish a notice of receipt of any such request in the Federal
Register. Thereafter, the EPA Administrator may approve such a request.

IV. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for use termination
must submit such withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT, postmarked before November 6, 2015, for
the requests that the registrants requested to waive the 180-day
comment period. This written withdrawal of the request for use
termination will apply only to the applicable FIFRA section 6(f)(1)
request listed in this notice. If the products have been subject to a
previous

use termination action, the effective date of termination and all other
provisions of any earlier termination action are controlling.

    Authority: 7 U.S.C. 136 et seq.

    Dated: September 17, 2015.
Mark A. Hartman,
Acting, Director, Information Technology and Resources Management
Division, Office of Pesticide Programs.
[FR Doc. 2015-25433 Filed 10-6-15; 8:45 am]
 BILLING CODE 6560-50-P