17366 Federal Register / Vol. 68, No. 68 / Wednesday, April 9, 2003 / Notices Office of Ground Water and Drinking Water ( M/ C 4601M), 1200 Pennsylvania Avenue, NW., Washington, DC 20460. SUPPLEMENTARY INFORMATION: The Council encourages the public's input and will allocate one hour during the meeting for this purpose. Oral statements will be limited to five minutes, and it is preferred that only one person present the statement on behalf of a group or organization. To ensure adequate time for public involvement, individuals or organizations interested in presenting an oral statement should notify the Council's Designated Federal Officer by telephone at ( 202) 564   3791, no later than May 2, 2003. Any person who wishes to file a written statement can do so before or after a Council meeting. Written statements received no later than May 2, 2003 will be distributed to all members of the Council before any final discussion or vote is completed. Any statements received after the meeting will become part of the permanent meeting file and will be forwarded to the Council members for their information. Any person needing special accommodations at this meeting, including wheelchair access, please contact Brenda Johnson ( see FOR FURTHER INFORMATION CONTACT section). Arrangements need to be made at least five business days before the meeting so that appropriate special accommodations can be made.

Dated: April 2, 2003. Cynthia C. Dougherty, Director, Office of Ground Water and Drinking Water. [ FR Doc. 03   8669 Filed 4   8   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0104; FRL   7301   2]

Response to Requests to Cancel Certain Chromated Copper Arsenate ( CCA) Wood Preservative Products and Amendments to Terminate Certain Uses of other CCA Products AGENCY: Environmental Protection Agency ( EPA) ACTION: Notice of a Cancellation Order.

SUMMARY: This notice announces that a cancellation order was signed on March 17, 2003, in response to the use terminations and cancellations voluntarily requested by the registrants of wood preservative pesticide products containing Chromated Copper Arsenate ( CCA) pursuant to section 6( f)( 1) of the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA), as amended. In addition to stating the Agency's response to the requests for cancellation of certain CCA products and amendments to terminate certain uses of other CCA products, this notice also addresses the considerable number of comments received in response to the Agency's requests for public comments on the above stated requests. In the cancellation order, the Agency granted certain of the aforementioned requests and did not take any action regarding certain other elements of the requests. Any sale, distribution, or use of affected products listed in this notice will only be permitted if such distribution, sale, or use is consistent with terms and conditions set forth in the cancellation order. DATES: The effective dates of cancellation are as follows:( 1) For affected product registrations   March 17, 2003 ( 2) For affected product registrations amended to delete terminated uses   May 16, 2003.

FOR FURTHER INFORMATION CONTACT: By mail: Bonaventure Akinlosotu, Office of Pesticide Programs ( 7510C), Environmental Protection Agency, 1200 Pennsylvania Avenue, N. W., Washington, DC 20460. Office location for commercial courier delivery, telephone number and e mail address: Rm. 308, Crystal Mall # 2, 1921 Jefferson Davis Highway, Arlington, VA 22202, ( 703) 605   0653; e mail: akinlosotu. bonaventure@ epa. gov.

SUPPLEMENTARY INFORMATION: This announcement consists of five parts. The first part contains general information. The second part provides background, and summarizes the use terminations and product cancellations requested by the CCA product registrants. The third part summarizes the comments received in response to the Agency's request for public comments on the aforementioned registrants' requests, and provides the Agency's response to the comments. The fourth part provides a summary of the Agency's decision on the voluntary cancellation and use termination requests. The fifth part sets forth the existing stocks provisions that the Agency authorized in the cancellation order.

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

This action is directed to the public in general. You may be potentially affected by this action if you manufacture, sell, distribute, or use CCA products. The Congressional Review Act, 5 U. S. C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, does not apply because this action is not a rule, for purposes of 5 U. S. C. 804( 3). Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Additional Information, Including Copies of this Document and Other Related Documents? 1. Electronically. You may obtain electronic copies of this document, and certain other related documents that might be available electronically, from the EPA Internet Home Page at http:// www. epa. gov/. To access this document, on the Home Page select `` Laws and Regulations,'' `` Regulations and Proposed Rules'' and then look up the entry for this document under the '' Federal Register   Environmental Documents.'' You can also go directly to the Federal Register listings at http:// www. epa. gov/ fedrgstr/. 2. In person. The Agency has established an official record for this action under docket control number OPP   2003   0104. The official record consists of the documents specifically referenced in this action, any public comments received during an applicable comment period, and other information related to this action, including any information claimed as Confidential Business Information ( CBI). This official record includes the documents that are physically located in the docket, as well as the documents that are referenced in those documents. The public version of the official record does not include any information claimed as CBI. The public version of the official record, which includes printed, paper versions of any electronic comments submitted during an applicable comment period, is available for inspection in the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The PIRIB telephone number is ( 703) 305   5805.

II. Background and Summary of Registrants' Request to Cancel Products and Delete Uses On February 22, 2002, the Agency announced the receipt of requests from the registrants of wood preservative VerDate Jan< 31> 2003 15: 16 Apr 08, 2003 Jkt 200001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 09APN1. SGM 09APN1 17367 Federal Register / Vol. 68, No. 68 / Wednesday, April 9, 2003 / Notices pesticide products containing Chromated Copper Arsenate ( CCA) to cancel certain CCA products and to amend the registrations to terminate certain uses of other CCA products ( 67 FR 8244)( FRL   6826   8). Another notice was issued ( 67 FR 13328, March 22, 2002)( FRL   6831   6) to extend the comment period until April 9, 2002. The requests proposed that only certain uses of CCA be allowed as of December 31, 2003. The registrants stated in their requests that their requests were being made as a result of current and projected market demand for CCA products and the availability of new generation wood treatment products. The Agency considers these voluntary moves toward arsenic free wood treatment products as a positive step, particularly for our nation's children. The Agency believes that reducing the potential residential exposure to a known human carcinogen is desirable. This transition affects all future residential uses of wood treated with CCA, including wood used in playground structures, decks, picnic tables, landscaping timbers, residential fencing, patios, walkways and boardwalks. EPA received requests from four registrants ( Table 1 of this unit) to cancel 2 products ( Table 2 of this unit), and to amend 17 other affected end use and manufacturing use registrations to terminate all uses of such products ( Table 3 of this unit) with the exception of the treatment of wood products that fall under the American Wood Preservers' Association ( AWPA) standards ( based on the 2001 edition of the AWPA Standards) listed in the text of the requested label amendment stated below.

TABLE 1.   REGISTRANTS REQUESTING VOLUNTARY TERMINATION OF CERTAIN USES AND/ OR CANCELLATION OF PRODUCTS LISTED IN TABLES 2 AND 3 EPA Company Number Company Name and Address 003008 Osmose, Inc., 980 Ellicott Street, Buffalo, NY 14209 010465 Chemical Specialties. Inc., One Woodlawn Green, Suite 250, 200 E. Woodlawn Road, Charlotte, NC 28217 035896 Phibro Tech, Inc., Fort Lee, NJ 07024 062190 Arch Wood Protection, Inc., 1955 Lake Park Drive, Suite 250, Smyrna, GA 30080 TABLE 2.   REGISTRATIONS WITH REQUESTS FOR CANCELLATION OF PRODUCTS Registration Number Product Name 62190   5 WolmanacR Concentrate 70%

62190   11 CCA Type C 50% Chromated Copper Arsenate TABLE 3.   REGISTRATIONS WITH REQUESTS FOR AMENDMENTS TO TERMINATE CERTAIN USES Registration Number Product Name End Use Products 3008   17 K   33   C ( 72%) Wood Preservative 3008   21 Special K   33 Preservative 3008   34 K   33 ( 60%) Wood Preservative 3008   35 K   33 ( 40%) Type B Wood Preservative 3008   36 K   33   C ( 50%) Wood Preservative 3008   42 K   33   A ( 50%) Wood Preservative 3008   72 Osmose Arsenic Acid 75%

10465   26 CCA Type C Wood Preservative 50%

10465   28 CCA Type C Wood Preservative 60%

10465   32 CSI Arsenic Acid 75%

35896   2 Wood Last Conc. Wood Preservation AQ 50% Solution CCA Type A 62190   2 Wolmanac Concentrate 50%

62190   8 Wolmanac Concentrate 72%

62190   14 Wolmanac Concentrate 60%

VerDate Jan< 31> 2003 15: 16 Apr 08, 2003 Jkt 200001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 09APN1. SGM 09APN1 17368 Federal Register / Vol. 68, No. 68 / Wednesday, April 9, 2003 / Notices TABLE 3.   REGISTRATIONS WITH REQUESTS FOR AMENDMENTS TO TERMINATE CERTAIN USES   Continued Registration Number Product Name Manufacturing Use Products 3008   66 Arsenic Acid 75%

10465   32 CSI Arsenic Acid 75%

62190   7 Arsenic Acid 75%

For affected manufacturing use products, the label amendments were proposed to read as follows: Effective December 31, 2003, this product may only be used ( 1) for formulation of the following end use wood preservative products: ammoniacal copper zinc arsenate ( ACZA) or chromated copper arsenate ( CCA) labeled in accordance with the Directions for Use shown below, or ( 2) by persons other than the registrant, in combination with one or more other products to make: ACZA wood preservative; or CCA wood preservative that is used in accordance with the Directions for Use shown below. Effective December 31, 2003, this product may only be used for preservative treatment of the following categories of forest products and in accordance with the respective cited standard ( noted parenthetically) of the 2001 edition of the American Wood Preservers Association Standards: Lumber and Timber for Salt Water Use Only ( C2), Piles ( C3), Poles ( C4), Plywood ( C9), Wood for Highway Construction ( C14), Poles, Piles and Posts Used as Structural Members on Farms, and Plywood Used on Farms ( C16), Wood for Marine Construction ( C18), Round Poles and Posts Used in Building Construction ( C23), Sawn Timber Used To Support Residential and Commercial Structures ( C24), Sawn Crossarms ( C25), Structural Glued Laminated Members and Laminations Before Gluing ( C28), Structural Composite Lumber ( C33), and Shakes and Shingles ( C34). Forest products treated with this product may only be sold or distributed for uses within the AWPA Commodity Standards under which the treatment occurred. For affected end use products, the label amendments were proposed to read as follows: Effective December 31, 2003, this product may only be used for preservative treatment of the following categories of forest products and in accordance with the respective cited standard ( noted parenthetically) of the 2001 edition of the American Wood Preservers Association Standards: Lumber and Timber for Salt Water Use Only ( C2), Piles ( C3), Poles ( C4), Plywood ( C9), Wood for Highway Construction ( C14), Poles, Piles and Posts Used as Structural Members on Farms, and Plywood Used on Farms ( C16), Wood for Marine Construction ( C18), Round Poles and Posts Used in Building Construction ( C23), Sawn Timber Used To Support Residential and Commercial Structures ( C24), Sawn Crossarms ( C25), Structural Glued Laminated Members and Laminations Before Gluing ( C28), Structural Composite Lumber ( C33), and Shakes and Shingles ( C34). Forest products treated with this product may only be sold or distributed for uses within the AWPA Commodity Standards under which the treatment occurred. In addition, the registrants requested that EPA allow use of the previous ( unamended) labels for a period of 60 calendar days from the date on which the particular affected registrant receives EPA's approval of the amendment( s) to terminate use( s), and that EPA allow a further amendment by notification on or before December 1, 2003, to ( 1) delete the use directions in effect prior to these amendments, and ( 2) to delete the preface phrase `` Effective December 31, 2003,'' from the amended labels such that the statement begins by reading, `` This product may only be used for preservative treatment of the following categories of forest products and in accordance with the respective cited standard ( noted parenthetically) of the 2001 edition of the American Wood Preservers' Association Standards* * *.'' Furthermore, the registrants stated in their letters that they would neither amend nor withdraw their requests for cancellation/ use terminations before EPA acts on them. Additionally, the registrants will notify their customers of the amended labels by certified mail after EPA acts on the requests.

III. Summary of Public Comments Received and Agency Response to Comments The Agency issued a notice of receipt of the aforementioned requests along with a solicitation for public comments ( February 22, 2002), followed by another notice to extend the comment period until April 9, 2002 ( March 22, 2002). Approximately 6,700 comments were submitted by the wood preservative industry, the chromium industry, the lumber industry, the agricultural industry, Kentucky and Texas State government officials, federal government officials, environmental groups, businesses and private citizens of Corpus Christi, Texas, as well as from others. Based on the nature of the concern( s) expressed, the comments were grouped into four major categories: ( 1) business and economic concerns from the Agricultural Community and Wood Treatment Industry, ( 2) concerns with the possible adverse economic impact on the Chromium Industry and Corpus Christi, Texas, ( 3) concerns raised by Environmental Groups, and ( 4) other significant, pertinent comments. Generally, the purpose of soliciting comments pursuant to Section 6( f) of FIFRA is to give an opportunity to comment to those individuals or businesses that would be affected by a registrant's requested action and to those who may want to apply for a registration for a pesticide for which there is a request to cancel the registration or to terminate use( s). This process helps to ensure that EPA is basing its regulatory decisions on the most up to date and complete information. The Agency did not specifically solicit comments for the purpose of determining if the voluntary cancellation/ use termination requests were comprehensive enough or fast enough. Because these are voluntary cancellation/ use termination requests, the registrants have proposed their own terms of cancellation/ use termination. This type of public comment opportunity under Section 6( f) differs from the current reregistration public process in that during the reregistration public process the Agency solicits comments on a draft preliminary risk assessment and on draft risk mitigation proposals in anticipation of actions that may not be voluntary. Therefore, the scope of the public comment opportunity in the reregistration process is much broader than the scope of the opportunity in this voluntary cancellation/ use termination. Below is the summary of the comments received in response to EPA's request for public comments, along with the corresponding Agency response.

A. Business and Economic Concerns from the Agricultural Community and Wood Treating Industry Comments. The majority of the comments received within this category specifically requested that the Agency not accept the request to cancel the use of CCA treated lumber for agricultural VerDate Jan< 31> 2003 15: 16 Apr 08, 2003 Jkt 200001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 09APN1. SGM 09APN1 17369 Federal Register / Vol. 68, No. 68 / Wednesday, April 9, 2003 / Notices fence posts based on the lack of exposure to children and the higher cost of the alternative products. These comments were received from the wood preservative, chromium, lumber, and agricultural industries, as well as private citizens, businesses, and town officials of Corpus Christi. With respect to exposure to children, the commenters stated their belief that there is little exposure to children from agricultural fencing ( as compared to a deck or playground constructed of CCA treated wood) because agricultural fences are generally far away from residences and because children typically do not play on a fence as they would a deck or playground. In addition, the commenters stated that the exclusion of CCA treated wood for agricultural fence posts from the label would cause an adverse economical impact on the agricultural, lumber, and wood treatment industries due to the higher cost of the alternative treatment products. The commenters stated that the wood treatment plants, the agricultural industry, and the chromium industry may suffer considerable financial and market damage due to the cost of converting wood preserving plants currently treating with CCA to an alternative chemical ( estimated cost ranges from $ 75,000 to $ 125,000), and the costs of the alternative treatment products ( estimated to be 10   15% higher than CCA products at the retail level and 30% higher than CCA products for the agricultural industry). The commenters stated their belief that as a result of the above stated concerns, there will be loss of employment within the industries concerned. The Agency also received a number of comments regarding the use of CCA to treat wood used for permanent wood foundations. The comments received indicated a need to retain this important use and that it posed little opportunity for residential exposure. Agency's response. The Agency is currently separately from this voluntary cancellation/ use termination action, reviewing the exposure and risk ( as well as the benefits) of all uses of CCA through its reregistration process. In light of the issues raised by commenters with regard to agricultural fence post and permanent wood foundation uses, EPA believes it is appropriate to evaluate the commenters' concerns during that review. For example, fence posts treated according to AWPA Standard C16 are for agricultural purposes only. This particular type of fence post is used by many farmers and ranchers for barbed and other wire fencing. The distribution channels, aesthetics, size, round shape, and random diameter of that type of fence post effectively limit its use for specific agricultural purposes, and make it inappropriate for residential applications. The Agency has determined, based on available information and field investigations, that agricultural fence posts are not sold into the residential market. On the other hand, wood treated for fence posts according to AWPA Standard C5 is sold at the retail level for residential fencing and can be used for other residential applications as well. Rather than delay acceptance of other portions of the voluntary cancellation/ use termination requests until the reregistration review is complete, EPA has decided to accept the requests for voluntary cancellation/ use termination for the other uses and defer any action with respect to requests to terminate agricultural fence post and permanent wood foundation uses until the Agency has evaluated those uses through the reregistration process. If at any time during the reregistration review the Agency determines it has sufficient information to take an action, that is, to either accept or refuse the requests for use termination of those uses, the Agency will take appropriate action. EPA believes this temporary deferral of action is consistent with the principle to phase out CCA for residential uses.

B. Concerns With the Possible Adverse Economic Impact on the Chromium Industry and Corpus Christi, Texas Comments. Approximately 430 comments were received regarding the potential adverse economic effect from the proposed cancellation or termination of CCA products or treated wood uses on the chromic acid manufacturing plant in Corpus Christi, Texas. The residents of Corpus Christi have within their city limits a plant owned by Elementis Chromium L. P. ( Elementis), the only major manufacturer of chromic acid in the United States. This chromic acid plant employs more than 100 residents of the Corpus Christi area and by its supply purchases and salaries, inputs about $ 40 million per year into the economy of Corpus Christi. Elementis believes the projected 70% decrease in total sales of CCA treated products 2 years after the amendment is accepted will have adverse economic consequences on the status of the plant operations and the city of Corpus Christi. Also, the chromium industry and wood treatment industry requested EPA limit its action regarding the phase out to only CCA treated playground structures and decks at this time, pending the outcome of the risk assessment being currently conducted by the Agency. It was requested that certain uses of CCA treated wood, which were proposed for termination be allowed to continue. Specifically, the commenters requested that CCA treated wood continue to be permitted for the following uses under the AWPA Commodity Standards C2 ( Lumber, Timber, Bridge Ties, Mine Ties for above ground, soil and freshwater use), C5 ( Fence Posts), C15 ( Wood for Commercial Residential Construction Preservative Treatment by Pressure Processes), C16 ( Agricultural Fence Posts and certain Wood used on Farms), and C22 ( Permanent Wood Foundation Material). Agency's response. By way of background, under FIFRA, a registration or `` license'' is issued to an applicant for a pesticide product once all necessary data requirements in support of the registration have been satisfied and the application has been found to be acceptable. In order to obtain a registration for a pesticide under FIFRA, an applicant for registration must demonstrate that the pesticide satisfies the statutory standard for registration. The standard requires, among other things, that the pesticide perform its intended function without causing unreasonable adverse effects on the environment. The term `` unreasonable adverse effects on the environment'' is defined, among other things, as `` any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide.'' Under the statute, a registrant may at any time voluntarily request cancellation of a particular pesticide registration or termination of certain uses for the registration. Upon receipt of such requests, the Agency acts upon the requests pursuant to section 6( f) of FIFRA by notifying the public and soliciting comments from the public on the requests received. The Agency reviews the comments and may, based upon the comments received and/ or any information or knowledge it may have concerning the pesticide and its uses in the environment, accept or deny the request either in whole or part. With regard to the comments received from the chromium industry and on behalf of residents of Corpus Christi, Texas, as stated earlier, at this time, the Agency is not acting upon certain use terminations proposed by the registrants. Specifically, the Agency is deferring action on two use terminations addressed in the comments, agricultural fence posts and permanent wood VerDate Jan< 31> 2003 15: 16 Apr 08, 2003 Jkt 200001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 09APN1. SGM 09APN1 17370 Federal Register / Vol. 68, No. 68 / Wednesday, April 9, 2003 / Notices foundations. The Agency will examine such uses as part of its reregistration assessment of CCA products. However, the remaining voluntary cancellation requests were finalized on March 17, 2003, and the use terminations are effective as of May 16, 2003.

C. Concerns Raised by Environmental Groups Comments. In their comments, the environmental groups ( Clean Water Action, Healthy Building Network, and others) expressed concerns with the estimated 75 billion board feet ( estimated by the American Wood Preservers Institute) of CCA treated wood currently in use in residential settings. This proposed voluntary cancellation request affects future residential uses of CCA products but does not address existing CCA treated wood decks and play structures. The environmental groups urged EPA to complete the CCA risk assessments to determine the dangers posed by CCAtreated wood currently in use. Concerns were also expressed over the safety of building contractors who come into contact with CCA treated wood used during building construction and with utility workers working with utility poles. As a result, there were requests to extend use restrictions to include all uses, residential and industrial. The environmental groups also believe that the time frame for the phase out of CCA treated wood from residential uses is too lengthy, and that the phase out is not comprehensive enough. They appeared to assume that CCA treated plywood would continue to be sold in retail stores indefinitely. The commenters also expressed concerns that the Agency doesn't address proper disposal of CCA treated wood, and treated wood could be burned or dumped in landfills where it can contaminate soil and groundwater. They suggested that the registration be amended to include proper handling, use and disposal of CCA treated wood. Agency's response. The Agency acknowledges the concerns expressed by environmental groups regarding the potential risks of CCA to human health and the environment, and the need to proceed as quickly as possible given the potential risks. The Agency intends to address the commenters' concerns in two ongoing Agency processes in which the risk of the non cancelled or terminated uses of CCA are currently being assessed. The Agency is currently conducting two risk assessments, one that focuses on children's exposure to CCA from play structures and decks constructed of CCA treated wood ( uses of which are terminated pursuant to the cancellation order), and one that focuses on the remaining industrial and marine uses. The result of the children's exposure assessment will serve as the basis for determining if further action is needed concerning existing play structures and decks. The Agency is also currently examining the use of CCA treated wood in light of the latest science and safety standards, under EPA's reregistration process. Upon the completion of the overall risk assessment, which will address the remaining uses of CCA and any occupational hazards that may exist from exposure to CCA, and the benefits assessment, the Agency will announce its proposed approach and the public will be afforded an opportunity to provide comments. The Agency will then consider any comments received and make a final determination as to the reregistration eligibility of the remaining uses of CCA. With respect to the disposal of CCAtreated wood, CCA treated wood is classified as non hazardous waste under the Federal Resource Conservation and Recovery Act ( RCRA). Disposal of CCAtreated wood is addressed via the Consumer Awareness Program ( CAP). The CAP is a voluntary program established in 1986 ( and later updated in 2001) by the registrants of CCA products, to protect consumers by providing them with information on the proper handling, use and disposal of CCA treated wood. Under this program, instructions on the proper handling, use and disposal of CCA treated wood are disseminated to consumers upon purchasing CCA treated wood products via the Consumer Safety Information Sheets ( CSIS) and/ or end tag labeling applied to the wood product itself. EPA also disseminates guidance to consumers to advise against burning CCA treated wood. Additional information regarding the CAP, handling, use and disposal of CCAtreated wood can be obtained from the Agency's Web site at: http:// www. epa. gov/ pesticides/ citizens/ 1file. htm.

D. Other Significant Pertinent comments 1. Clarification regarding AWPA Standard C5   comment. An inquiry was made as to the potential decision to allow wood to be treated with CCA for agricultural purposes ( fence posts) under AWPA Standard C16 yet questioning why it would be a prohibited use under the AWPA Standard C5. Agency response. As discussed earlier, the Agency is not taking any action on the requests to delete the agricultural fence post use of wood treated with CCA. Fence posts treated according to AWPA Standard C16 are for agricultural purposes only. This particular type of fence post is used by many farmers and ranchers for barbed and other wire fencing. The distribution channels, aesthetics, size, round shape, and random diameter of that type of fence post effectively limit its use for specific agricultural purposes, and make it inappropriate for residential applications. The Agency has determined, based on available information and field investigations, that agricultural fence posts are not sold into the residential market. Fence posts treated according to AWPA Standard C5, however, are for residential purposes. Prior to the voluntary cancellation/ use terminations, the labels permitted wood treated for fence posts according to AWPA standard C5 to be used for residential fencing, and it could also possibly be used for other residential applications as well. 2. CCA   treated wood export restrictions   i. Comment. Comments sought clarification on whether wood treated with CCA can be exported to other countries for use in residential settings. Agency response. As stated in this notice, under the Cancellation Order, effective December 31, 2003, wood treatment facilities are only allowed to treat wood products with CCA that are intended to be used only for those remaining uses approved on the CCA product label. Wood intended for use in prohibited residential settings may not be treated with CCA after December 30, 2003, unless the product being used is a pre existing product and such use is permitted by that product label. ( See Unit V: `` Provisions for Disposition of Existing Stocks'') Because of the method of product manufacture and distribution used in the wood preservation industry, the Agency does not expect any more than de minimus stocks to exist as of December 31, 2003, that do not bear the more restrictive label language. Hence, beginning December 31, 2003, unless the label on the affected product provides otherwise, it would be illegal to treat wood with CCA for any prohibited residential use, regardless of whether the treated wood is to be used in the United States or exported for use in other countries. 3. Request received from American Wood Preservers Institute ( AWPI)   comment. The American Wood Preservers Institute, which provided comments on behalf of the companies that treat wood, requested that the proposed cancellation date of December 31, 2003, be extended an additional 3   6 months to allow further time for VerDate Jan< 31> 2003 15: 16 Apr 08, 2003 Jkt 200001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 09APN1. SGM 09APN1 17371 Federal Register / Vol. 68, No. 68 / Wednesday, April 9, 2003 / Notices treating plants' transition/ conversion to alternative chemicals. Agency response. The Agency recognizes that the transition to alternative chemicals may pose significant challenges to some stakeholders including wood treaters. However, in their request for voluntary cancellation/ use termination, the registrants stated that a 22   month phase in period was practicable based on the amount of time they believed is required to convert and retrofit the treating plants. The commenters did not present any substantial information that would render the requested time period inappropriate, and therefore EPA is not extending the requested time period.

IV. Summary of Agency's Decision Regarding the Voluntary Cancellation/ Use Termination Requests The Agency has accepted portions of the proposed voluntary cancellation/ use termination requests and is deferring action on other portions. As stated earlier, in light of the issues raised by commenters with regard to the agricultural fence post and permanent wood foundation uses, the Agency has decided to defer its decision and action on the registrants' request to terminate these uses until the Agency has evaluated these uses through the reregistration process. If at any time during the reregistration review the Agency determines it has sufficient information to take any action, that is, to either accept or refuse the requests for termination of those uses, the Agency will take appropriate action at that time. EPA's decision on the other portions of the requests for voluntary cancellation/ use termination is as follows: 1. The following product registrations were cancelled as of March 17, 2003:

62190   5 WolmanacR Concentrate 70%

62190   11 CCA Type C 50% Chromated Copper Arsenate 2. The following manufacturing product registrations were amended to delete certain terminated uses as of May 16, 2003:

3008   66 Arsenic Acid 75%

10465   32 CSI Arsenic Acid 75%

62190   7 Arsenic Acid 75%

For the above identified manufacturing use products, the accepted amended labeling reads as follows: Effective December 31, 2003, this product may only be used ( 1) for formulation of the following end use wood preservative products: ammoniacal copper zinc arsenate ( ACZA) or chromated copper arsenate ( CCA) labeled in accordance with the Directions for Use shown below, or ( 2) by persons other than the registrant, in combination with one or more other products to make: ACZA wood preservative; or CCA wood preservative that is used in accordance with the Directions for Use shown below. Effective December 31, 2003, this product may only be used for preservative treatment of the following categories of forest products and in accordance with the respective cited standard ( noted parenthetically) of the 2001 edition of the American Wood Preservers Association Standards: Lumber and Timber for Salt Water Use Only ( C2), Piles ( C3), Poles ( C4), Plywood ( C9), Wood for Highway Construction ( C14), Round, Half Round and Quarter Round Fence Posts ( C16), Poles, Piles and Posts Used as Structural Members on Farms, and Plywood Used on Farms ( C16), Wood for Marine Construction ( C18), Lumber and Plywood for Permanent Wood Foundations ( C22), Round Poles and Posts Used in Building Construction ( C23), Sawn Timber Used To Support Residential and Commercial Structures ( C24), Sawn Crossarms ( C25), Structural Glued Laminated Members and Laminations Before Gluing ( C28), Structural Composite Lumber ( C33), and Shakes and Shingles ( C34). Forest products treated with this product may only be sold or distributed for uses within the AWPA Commodity Standards under which the treatment occurred.

3. The following end use product registrations were amended to delete certain terminated uses as of May 16, 2003:

3008   17 K   33   C ( 72%) Wood Preservative 3008   21 Special K   33 Preservative 3008   34 K   33 ( 60%) Wood Preservative 3008   35 K   33 ( 40%) Type B Wood Preservative 3008   36 K   33   C ( 50%) Wood Preservative 3008   42 K   33   A ( 50%) Wood Preservative 3008   72 Osmose Arsenic Acid 75%

10465   26 CCA Type C Wood Preservative 50%

10465   28 CCA Type C Wood Preservative 60%

10465   32 CSI Arsenic Acid 75%

35896   2 Wood Last Conc. Wood Preservation AQ 50% Solution CCA Type A 62190   2 Wolmanac Concentrate 50%

VerDate Jan< 31> 2003 15: 16 Apr 08, 2003 Jkt 200001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 09APN1. SGM 09APN1 17372 Federal Register / Vol. 68, No. 68 / Wednesday, April 9, 2003 / Notices 62190   8 Wolmanac Concentrate 72%

62190   14 Wolmanac Concentrate 60%

For the above identified end use products, the accepted amended label is to read as follows: Effective December 31, 2003, this product may only be used for preservative treatment of the following categories of forest products and in accordance with the respective cited standard ( noted parenthetically) of the 2001 edition of the American Wood Preservers Association Standards: Lumber and Timber for Salt Water Use Only ( C2), Piles ( C3), Poles ( C4), Plywood ( C9), Wood for Highway Construction ( C14), Round, Half Round and Quarter Round Fence Posts ( C16), Poles, Piles and Posts Used as Structural Members on Farms, and Plywood Used on Farms ( C16), Wood for Marine Construction ( C18), Lumber and Plywood for Permanent Wood Foundations ( C22), Round Poles and Posts Used in Building Construction ( C23), Sawn Timber Used To Support Residential and Commercial Structures ( C24), Sawn Crossarms ( C25), Structural Glued Laminated Members and Laminations Before Gluing ( C28), Structural Composite Lumber ( C33), and Shakes and Shingles ( C34). Forest products treated with this product may only be sold or distributed for uses within the AWPA Commodity Standards under which the treatment occurred. 4. Further amendments to the product label will be made by the registrants of the above identified amended registrations via notification to the Agency on or before December 1, 2003, to: ( 1) Delete the use directions in effect prior to these amendments, and ( 2) delete the preface phrase `` Effective December 31, 2003,'' from the amended labels such that the statement begins by reading, `` This product may only be used for preservative treatment of the following categories of forest products and in accordance with the respective cited standard ( noted parenthetically) of the 2001 edition of the American Wood Preservers' Association Standards...'' These specific changes may be done via notification. 5. The registrants of the above identified products will notify their customers of the amended registrations/ labels by certified mail. This is to ensure that those who are affected by the cancellation order are aware of the labeling changes. 6. The cancellation order included existing stocks provisions as described in Unit V below. 7. The text in 40 CFR 152.132 provides that a distributor ( or supplemental registrant) is considered an agent of the registrant for intents and purposes under the act, and both the registrant and the distributor may be held liable for violations pertaining to the distributor product. V. Provisions for Disposition of Existing Stocks For purposes of this Order, the term `` existing stocks'' is defined, pursuant to EPA's existing stocks policy ( 56 FR 29362, June 26, 1991), as those stocks of a registered pesticide product which are currently in the United States and which have been packaged, labeled, and released for shipment prior to the effective date of the cancellation or amendment. Any distribution, sale or use of existing stocks in a manner inconsistent with the terms of the cancellation order or the existing stocks provisions contained in the order will be considered a violation of section 12( a)( 2)( K) and/ or section 12( a)( 1)( A) of FIFRA. The following summarizes the effective dates of cancellation as well as the existing stocks provisions for each product subject to the cancellation order. 1. Cancelled registrations ( Table 2 in Unit II). The effective date of cancellation was March 17, 2003, the date upon which the cancellation order was signed. Registrants have 60 calendar days following the signing of the cancellation order ( until May 16, 2003) in which to sell or distribute products listed in Table 2. Registrants were notified of the signing of the cancellation order and of the required changes to labels on the date the order was signed by telephone and facsimile transmission. Any sale, distribution, or use by the registrants of these affected products on or after that date is prohibited. Sale, distribution, or use by persons other than the registrants may continue until supplies are exhausted. Additionally, sale, distribution or use of the stocks by persons other than the registrant in the channels of trade may continue until depleted, provided any sale, distribution, or use is in accordance with the existing label of that product. 2. Registrations amended to delete terminated uses ( Table 3). The effective date of the cancellation effectuating the use terminations is May 16, 2003. The registrants' voluntary requests for termination of uses had requested that EPA allow use of the previous ( unamended) labels for a period of 60 calendar days from the date on which the particular affected registrant receives EPA's approval of the amendments. The Agency is granting this request by making the effective date of cancellation 60 calendar days following the signing of the cancellation order. Registrants were notified of the signing of the cancellation order and of the required changes to labels on the date the order was signed by telephone and facsimile transmission. This 60 day period is intended to allow a sufficient period of time for an orderly transition to the amended labels without disrupting supply and availability of product. On or after May 16, 2003, any sale, distribution, or use of existing stocks by the registrants of the subject registrations is prohibited. Sale, distribution, or use by persons other than the registrants may continue until supplies are exhausted. Additionally, sale, distribution or use of the stocks in the channels of trade by persons other than the registrant may continue until depleted, provided any sale, distribution or use is in accordance with the existing label of that product.

List of Subjects Environmental protection, Chromated Copper Arsenate, Pesticides and pests.

Dated: March 27, 2003. Jack E. Housenger, Acting Director, Antimicrobials Division, Office of Pesticide Programs. [ FR Doc. 03   8372 Filed 4   8   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0074; FRL   7298   2]

Pesticide Product Registrations; Conditional Approval AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces Agency approval of applications submitted by Plant Products Co. Ltd., Brampton, ON L6T 1G1, Canada, to conditionally register the pesticide products Pseudozyma flocculosa strain PF   A22 UL ( TGAI) technical grade of the active ingredient and SPORODEX L an end use product ( EP) containing a new active ingredient not included in any previously registered products pursuant to the provisions of section 3( c)( 7)( C) of the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA), as amended.

FOR FURTHER INFORMATION CONTACT: Sharlene R. Matten, Biopesticides and VerDate Jan< 31> 2003 15: 16 Apr 08, 2003 Jkt 200001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 09APN1. SGM 09APN1


Page 1 Memo to Phase III Record From: Paul Shriner Date: November 19, 2004 Re: Electronic Docketing of Phase III Record EPA has assigned each Section 316( b) record item a document control number ( DCN). In the Section 316( b) record, the DCN number is a five digit number, where the first digit is used to identify the rulemaking phase in which the item was first identified, created, or submitted to EPA's Section 316( b) record; see exhibit 1.

Exhibit 1: Using the DCN to identify Phases of the Section 316( b) Record DCN number... Corresponds to the Section 316( b) Record for...

1 xxxx Phase I proposal materials 2 xxxx Phase I Notice of Data Availability ( NODA) materials 3 xxxx Phase I final rule materials, public comments on the Phase I proposed rule, and public comments on the Phase I NODA 4 xxxx Phase II proposal materials 5 xxxx Phase II Notice of Data Availability ( NODA) materials 6 xxxx Phase II final rule materials, public comments on the Phase I proposed rule, and public comments on the Phase I NODA 7 xxxx Phase III proposal materials 8 xxxx reserved for potential Phase III Notice of Data Availability ( NODA) materials 9 xxxx reserved for Phase III final rule materials and public comments on Phase III Effective September 30, 2004, the EPA Docket Center no longer maintains record and supporting materials in hardcopy format except for certain copyrighted materials, oversized items, and nontextual materials. All other materials developed for or by EPA are provided to the docket electronically in EPA Dockets ( EDOCKET). EDOCKET is an electronic public docket and online comment system designed to expand access to documents in EPA's major dockets. New users should review " Using Edocket" at http:// docket. epa. gov/ edkpub/ index. jsp


[Federal Register Volume 75, Number 92 (Thursday, May 13, 2010)]
[Notices]
[Page 27056]
[FR Doc No: 2010-11505]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Record of Decision for Environmental Impact Statement: New
Bedford Regional Airport, New Bedford, MA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of availability.

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

SUMMARY: The FAA is issuing this notice to advise the public that a
Record of Decision (ROD), resulting from an Environmental Impact
Statement (EIS) has been prepared for a New Bedford Regional Airport,
New Bedford, Massachusetts.

FOR FURTHER INFORMATION CONTACT: Richard Doucette, Environmental
Program Manager, Federal Aviation Administration New England, 12 New
England Executive Park, Burlington, MA. Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA is making available a ROD regarding
construction of Runway Safety Areas and other airfield improvements at
New Bedford. The ROD documents the final Agency decisions regarding the
proposed projects as described and analyzed in the EIS. The ROD is
available for review during normal business hours at the following
locations: FAA New England Region, Airports Division, 16 New England
Executive Park, Burlington, MA. Telephone<PHONE_NUMBER> and New
Bedford Regional Airport, 1569 Airport Rd., New Bedford, Massachusetts.
Telephone<PHONE_NUMBER>.

    Issued on: April 27, 2010.
Bryon H. Rakoff,
Assistant Division Manager, Airports Division.
[FR Doc. 2010-11505 Filed 5-12-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Notices]
[Pages 36923-36924]
[FR Doc No: 2016-13457]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-0001]

Cellular, Tissue and Gene Therapies Advisory Committee; Notice of
Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming
public advisory committee meeting of the Cellular, Tissue and Gene
Therapies Advisory Committee. The general function of the committee is
to provide advice and recommendations to the Agency on FDA's regulatory
issues.

At least one portion of the meeting will be closed to the public.

DATES: The meeting will be held on July 26, 2016, from 1 p.m. to 3:30
p.m.

ADDRESSES: FDA White Oak Campus, 10903 New Hampshire Ave., Building 31
Conference Center, the Great Room (Rm. 1503), Silver Spring, MD 20993-
0002. Answers to commonly asked questions including information
regarding special accommodations due to a disability, visitor parking,
and transportation may be accessed at: http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.

FOR FURTHER INFORMATION CONTACT: Janie Kim or Denise Royster, Center
for Biologics Evaluation and Research, Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 71, Silver Spring, MD 20993-0002, 301-
796-9016 or<PHONE_NUMBER>, email<EMAIL_ADDRESS>or
<EMAIL_ADDRESS>or FDA Advisory Committee Information Line,
1-800-741-8138<PHONE_NUMBER> in the Washington, DC area). A notice in
the Federal Register about last-minute modifications that impact a
previously announced advisory committee meeting cannot always be
published quickly enough to provide timely notice. Therefore, you
should always check the Agency's Web site at http://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before coming to
the meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: On July 26, 2016, the committee will meet by
teleconference. In open session, the committee will hear updates of
research programs in the Laboratory of Biological Chemistry and
Laboratory of Molecular Oncology, Division of Biotechnology Review and
Research 1 and 4, Office of Biotechnology Products, Center for Drug
Evaluation and Research, FDA.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: On July 26, 2016, from 1 p.m. to 3:30 p.m., the meeting
is open to the public. Interested persons may present data,
information, or views, orally or in writing, on issues pending before
the committee. Written submissions may be made to the contact person on
or before July 12, 2016. Oral presentations from the public will be
scheduled between approximately 1:30 p.m. and 2:30 p.m. Those
individuals interested in making formal oral presentations should
notify the contact person and submit a brief statement of the general
nature of the evidence or arguments they wish to present, the names and
addresses of proposed participants, and an indication of the
approximate time requested to make their presentation on or before July
1, 2016. Time allotted for each presentation may be limited. If the
number of registrants requesting to speak is greater than can be
reasonably accommodated during the scheduled open public hearing
session, FDA may conduct a lottery to determine the speakers for the
scheduled open public hearing session. The contact person will notify
interested persons regarding their request to speak by July 5, 2016.
    Closed Committee Deliberations: On July 26, 2016, from 2:30 p.m. to
3:30 p.m., the meeting will be closed to permit discussion where
disclosure would constitute a clearly unwarranted invasion of personal
privacy (5 U.S.C. 552b(c)(6)). The committee will discuss reports of
intramural research programs and make recommendations regarding
personnel staffing decisions.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Janie Kim at least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: June 2, 2016.
Jill Hartzler Warner,
Associate Commissioner for Special Medical Programs.
[FR Doc. 2016-13457 Filed 6-7-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 86, Number 68 (Monday, April 12, 2021)]
[Proposed Rules]
[Pages 18925-18927]
[FR Doc No: 2021-07437]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2020-0056]
RIN 1625-AA09

Drawbridge Operation Regulation; Fox River, Oshkosh, WI

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

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to authorize the Canadian National
Railroad Bridge, mile 55.72, across the Fox River to operate remotely.
The request was made by the bridge owner. This proposed rule will re-
establish remote operations of the bridge and will not change the
operating schedule of the bridge.

DATES: Comments and related material must reach the Coast Guard on or
before June 11, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0056 using Federal e-Rulemaking Portal at https://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section

below for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Lee D. Soule, Bridge Management Specialist,
Ninth Coast Guard District; 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
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The Fox River is approximately 182 miles long and flows south then
easterly through the town of Oshkosh, WI, then into Lake Winnebago
before it turns north and flows to the Bay of Green Bay. The water
levels on the Fox River, above De Pere, WI, are controlled by the Fox
River Navigation Authority through a series of locks. The Canadian
National Railroad Bridge is a single leaf bascule bridge that provides
a horizontal clearance of 125 feet and a vertical clearance in the
closed position of 6 feet and in the open position an unlimited
clearance for a 62-foot width of the channel and 45 feet at the North
Channel edge. The bridge is located near the west side of Lake
Winnebago and because of the low clearance most vessels require it to
open. During the summer, on average 100 recreational vessels request
openings daily. The railroad bridge carries significant train traffic
between the international border at Rainer, MN, and Chicago, IL.

III. Discussion of Proposed Rule

    In 2010 we published a NPRM to solicit comments concerning allowing
the Canadian National Railroad Bridge, mile 55.72 to operate remotely
(75 FR 76322, December 8, 2010; USCG-2010-1029). The public requested
the bridge owner to install and maintain additional warning lights. The
NPRM was withdrawn because the railroad refused to install and maintain
the additional warning lights the public requested (76 FR 13312, March
11, 2011). Recently, the Railroad has agreed that from April 27 through
October 7 additional warning lights, specifically those alternating
flashing red lights that mimic a Grade Crossing Signal commonly found
at highway railroad crossing would be installed and maintained to warn
mariners that the bridge was about to close. The remote operator shall
also announce that the bridge is opening or closing on VHF-FM Marine
Radiotelephone. The owners of the bridge shall maintain 2 board gauges
in accordance with 33 CFR 118.160. The remote drawtender may be
contacted by mariners at any time by radiotelephone or commercial phone
number; this information shall be so posted on the bridge so that they
are plainly visible to vessel operators approaching the up or
downstream side of the bridge.
    The current winter operating schedule requiring vessels to provide
at least 12-hours advance notice for a bridge opening during the winter
will remain in effect. Additionally, the clearance gauges would still
be required to indicate to vessels the water levels and clearance while
the bridge is in the closed position. During the comment period, a
tender will be at the bridge to allow the public to observe the
proposed bridge operations. On September 2, 2020, in Federal Register
at 85 FR 54496, we solicited comments from the summer's test schedule
that ran from April 26, 2020 through September 2, 2020. No comments
were received.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the ability that
vessels can still transit the bridge as if a tender was in attendance
at the bridge.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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
proposed rule would not have a significant economic impact on a
substantial number of small entities. While some owners or operators of
vessels intending to transit the bridge may be small entities, for the
reasons stated in section IV.A above this proposed rule would not have
a significant economic impact on any vessel owner or operator. The
bridge will operate as it has for the past several years.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    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 proposed 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
above. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

D. Federalism and Indian Tribal Government

    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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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
proposed 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 proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, U.S. Coast Guard Environmental Planning
Policy COMDTINST 5090.1 (series) and U.S. Coast Guard Environmental
Planning Implementation Procedures (series) which guide the Coast Guard
in complying with the National Environmental Policy Act of 1969 (NEPA)
(42 U.S.C. 4321-4370f). We have made a preliminary determination 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
proposed rule promulgates the operating regulations or procedures for
drawbridges. Normally this action is categorically excluded from
further review, under paragraph L49, of Chapter 3, Table 3-1 of the
U.S. Coast Guard Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at httpss://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacynotice.
    Documents mentioned in this NPRM as being available in this docket
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and Department of
Homeland Security Delegation No. 0170.1.

0
2. Amend Sec.  117.1087 by revising paragraph (c) to read as follows:

Sec.  117.1087  Fox River.

* * * * *
    (c) The draw of the Canadian National Railroad Bridge at mile 55.72
shall open on signal, except from October 8 through April 26; the draw
shall open if at least 12-hours advance notice is given. The bridge is
authorized to be operated remotely. The owners of the bridge shall
provide and keep in good legible condition two board gauges painted
white with black figures to indicate the vertical clearance under the
closed draw at all water levels. The gauges shall be so placed on the
bridge that they are plainly visible to operators of vessels
approaching the bridge either up or downstream. The bridge shall
operate and maintain a VHF-FM Marine Radio. In addition to the required
bridge lights, the owner's shall install and maintain alternating red
lights in a horizontal line that mimic grade crossing lights and bell
to warn mariners that the bridge is lowering.
* * * * *

    Dated: April 5, 2021.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2021-07437 Filed 4-9-21; 8:45 am]
BILLING CODE 9110-04-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on March 28, 2007

   NOTICE OF ACTION TAKEN -- DOCKET OST-2007-27733

________________________________________________________________________
_____________________________________________

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

Application of ALASKA AIRLINES, INC. (ALASKA) filed 3/23/07 for:

XX  Exemption for two years under 49 U.S.C. 40109 to provide the
following service:

Scheduled foreign air transportation of persons, property, and mail from
points behind the United States via the United States and intermediate
points to a point or points in and El Salvador and beyond, pursuant to
Alaska’s code-share agreement with American Airlines, Inc. (American).

Applicant rep: Marshall S. Sinick<PHONE_NUMBER>     DOT Analyst: Thuy
H. Cooper<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted in part (subject to conditions, see below)

XX  Balance dismissed (see remarks below)

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

The above action was effective when taken: March 28, 2007, through March
28, 2009.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

XX  The authority granted is consistent with the aviation agreement
between the United States and El Salvador.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:  XX Holder’s
certificates of public convenience and necessity

   	    XX Standard exemption conditions (attached)

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

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

The code-share operations conducted under this authorization are subject
to the following conditions:

The code-sharing operations conducted under this authority must comply
with 14 CFR 257 and with any amendment to the Department’s regulations
concerning code-share arrangements that may be adopted.  Notwithstanding
any provisions in the contract between the carriers, our approval here
is expressly conditioned upon the requirements that the subject foreign
air transportation be sold in the name of the carrier holding out such
service in computer reservation systems and elsewhere; that the carrier
selling such transportation (i.e., the carrier shown on the ticket)
accept responsibility for the entirety of the code-share journey for all
obligations established in its contract of carriage with the passenger;
and that the passenger liability of the operating carrier be unaffected.

	(b) The authority granted here is specifically conditioned so that
neither Alaska nor American 	shall give any force or effect to any
contractual provisions between themselves that are 	contrary to these
conditions.

Remarks: We dismiss Alaska’s application to the extent that it
requests authority to conduct operations from points behind the United
States.  Such authority is inherent in the authority that we award U.S.
air carriers to perform foreign air transportation.

We acted on this application without awaiting expiration of the 15-day
answer period with the consent of all parties served with the
application.
________________________________________________________________________
_____________

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

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

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

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

U.S. Carrier Exemption Conditions

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

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

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

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

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

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

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

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

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

11/06

 Alaska states that it intends to begin code-share service with American
between Los Angeles and San Salvador in late April 2007, by placing its
“AS” designator code on flights operated by American.


[Federal Register Volume 87, Number 100 (Tuesday, May 24, 2022)]
[Notices]
[Pages 31596-31598]
[FR Doc No: 2022-11061]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94938; File No. SR-OCC-2022-005]

Self-Regulatory Organizations; The Options Clearing Corporation;
Order Granting Approval of Proposed Rule Change by the Options Clearing
Corporation Concerning Revisions to OCC's Partial Tear-Up Rules

May 18, 2022.

I. Introduction

    On March 22, 2022, the Options Clearing Corporation (``OCC'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change SR-OCC-2022-005 (``Proposed Rule Change'')
pursuant to Section 19(b) of the Securities Exchange Act of 1934
(``Exchange Act'') \1\ and Rule 19b-4 \2\ thereunder to amend OCC's
rules regarding OCC's payment obligations and the allocation of losses
related to the use of Partial Tear-Up (defined below) as a recovery
tool.\3\ The Proposed Rule Change was published for public comment in
the Federal Register on April 7, 2022.\4\ The Commission received one
comment regarding the Proposed Rule Change.\5\ This order approves the
Proposed Rule Change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Notice of Filing infra note 4, 87 FR at 20495.
    \4\ Securities Exchange Act Release No. 94583 (Apr. 1, 2022), 87
FR 20495 (Apr. 7, 2022) (File No. SR-OCC-2022-005) (``Notice of
Filing'').
    \5\ The comment on the Proposed Rule Change is available at
https://www.sec.gov/comments/sr-occ-2022-005/srocc2022005.htm.
---------------------------------------------------------------------------

II. Background 6
---------------------------------------------------------------------------

    \6\ Capitalized terms used but not defined herein have the
meanings specified in OCC's Rules and By-Laws, available at https://www.theocc.com/about/publications/bylaws.jsp.
---------------------------------------------------------------------------

    As a covered clearing agency, OCC is required to establish policies
and procedures reasonably designed to manage its credit exposures and
liquidity risk.\7\ However, a Clearing Member default may result in
losses or shortfalls that exceed OCC's routine risk managemet tools. To
address such credit losses or liquidity shortfalls, OCC has established
tools to to re-establish a matched book and to allocate uncovered
losses following the default of a Clearing Member.\8\ One such tool,
``Partial Tear-Up,'' is a process designed to return OCC to a matched
book by extinguishing positions that remain open after OCC has
attempted one or more auctions.\9\ OCC Rule 1111(e) sets forth the
process for determining and terminating Partial Tear-Up positions.
---------------------------------------------------------------------------

    \7\ See generally, 17 CFR 240.17Ad-22(e)(4) and (e)(7).
    \8\ Securities Exchange Act Release No. 83916 (Aug. 23, 2018),
83 FR 44076 (Aug. 29, 2018) (File No. SR-OCC-2017-020).
    \9\ See supra note 8, 83 FR at 44079.
---------------------------------------------------------------------------

    When it initially proposed Rule 1111(e) in 2018, OCC noted that the
Partial Tear-Up process would be initiated only if OCC determined that
potential losses from remaining positions of the defaulting member
would exceed OCC's financial resources.\10\ OCC further stated that, in
order for OCC to maintain its ability to meet obligations to non-
defaulting members, the process was designed to be initiated in advance
of exhausting OCC's financial resources.\11\ OCC also acknowledged that
the process may be used to allocate losses if OCC's resources are
insufficient to pay the Partial Tear-Up Price.\12\ Rule 1111(e)(iii)
currently provides that when the Partial Tear-Up process is used to
allocate losses, each Clearing Member will receive a pro rata payment
based on OCC's remaining resources and an unsecured claim against OCC
for the difference between the pro rata amount received and the Partial
Tear-Up Price.
---------------------------------------------------------------------------

    \10\ Securities Exchange Act Release No. 82351 (Dec. 19, 2017),
82 FR 61107, 61111 (Dec. 26, 2017) (File No. SR-OCC-2017-020).
    \11\ Id.
    \12\ Id.
---------------------------------------------------------------------------

    An unsecured claim issued pursuant to Rule 1111(e) provides a
mechanism for OCC to compensate Clearing Members that receive a pro
rata payment, when warranted by particular circumstances (e.g., when
funds are subsequently recovered from a defaulted Clearing Member or
the estate of the defaulted Clearing Member). However, OCC Rules do not
currently describe a specific payment obligation for these claims. OCC
states that the Proposed Rule Change is intended to provide clarity
regarding the nature of the claim issued following a Partial Tear-Up.
More specifically, the revisions to Rule 1111(e) would add the
following details about the claim: (i) A Clearing Member receiving a
pro rata payment following a Partial Tear-Up will have a claim for the
value of the difference between the pro rata amount received and the
Partial Tear-Up Price; and (ii) such a claim shall be an unsecured
claim on any recovery from a suspended or defaulted Clearing Member (or
from the estate of a suspended or defaulted Clearing Member). OCC
believes that clarifying the nature of the claim arising out of Rule
1111(e) would, in turn, clarify that such claims would not provide a
basis for Clearing Members to trigger the close-out netting process
under Article VI, Section 27 of OCC's By-Laws.\13\
---------------------------------------------------------------------------

    \13\ OCC By-Laws Art. VI, Section 27(a)(i), regarding default or
insolvency of OCC, requires OCC to notify various stakeholders if
OCC fails to comply with an undisputed obligation to pay money or
deliver property to a Clearing Member for a period of thirty days
from the date that OCC receives notice from the Clearing Member of
the past due obligation. See Notice of Filing supra note 4, 87 FR at
20495.
---------------------------------------------------------------------------

    In proposing to adopt Partial Tear-Up as a recovery tool, OCC
proposed a mechanism for re-allocating losses for non-defaulting
Clearing Members arising out of Partial Tear-Up.\14\ OCC Rule 1111(g)
currently provides OCC's Board of Directors (the ``Board'') with
discretionary authority to levy a special charge against remaining non-
defaulting Clearing Members for the purpose of re-allocating the
losses, costs, and fees imposed on holders of torn-up positions.
Currently, Rule 1111 does not impose any ex ante limit on the amount of
any discretionary special charge that could be levied by the Board.
Following the adoption of OCC Rule 1111, OCC received a letter from the
Futures Industry Association (``FIA'') requesting that OCC limit the
amount of the Rule 1111(g) Board-levied special charge to the amount of
a Clearing Member's required contribution to the Clearing Fund.\15\
Upon consideration of this request, OCC proposes to amend Rule 1111(g)
to cap the amount of the special charge levied under the rule to the
amount of the Clearing Member's required contribution to the Clearing
Fund at the time of the special charge.

According to OCC, the purpose of this change is to provide Clearing
Members with a firm ex ante limit that would improve their ability to
measure, monitor and manage their potential exposure to OCC.\16\
---------------------------------------------------------------------------

    \14\ Securities Exchange Act Release No. 82351 (Dec. 19, 2017),
82 FR 61107, 61112 (Dec. 26, 2017) (File No. SR-OCC-2017-020).
    \15\ The letter OCC received from the FIA has been provided as
Exhibit 3A to File No. SR-OCC-2022-005.
    \16\ See Notice of Filing supra note 4, 87 FR at 20495.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Exchange Act directs the Commission to
approve a proposed rule change of a self-regulatory organization if it
finds that such proposed rule change is consistent with the
requirements of the Exchange Act and the rules and regulations
thereunder applicable to such organization.\17\ After carefully
considering the Proposed Rule Change, the Commission finds that the
proposal is consistent with the requirements of the Exchange Act and
the rules and regulations thereunder applicable to OCC. More
specifically, the Commission finds that the proposal is consistent with
Section 17A(b)(3)(F) of the Exchange Act \18\ as described in detail
below.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(2)(C).
    \18\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

A. Consistency With Section 17A(b)(3)(F) of the Exchange Act

    Section 17A(b)(3)(F) of the Exchange Act requires, among other
things, that a clearing agency's rules are designed, in general, to
protect investors and the public interest.\19\ Based on its review of
the record, and for the reasons described below, the Commission
believes that the proposed changes to Rule 1111(e) and (g) are
consistent with being organized to protect investors and the public
interest.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    With the proposed revisions to Rule 1111(e), OCC codifies critical
details about the nature of a Clearing Member's claim resulting from
the Partial Tear-Up process, including the specific value of the claim
(e.g., the value of the difference between the pro rata amount received
and the Partial Tear-Up Price) and the source of funds that the claim
would draw upon (e.g., an unsecured claim on any recovery from a
suspended or defaulted Clearing Member, or from the estate of a
suspended or defaulted Clearing Member). These details provide Clearing
Members with material information regarding their potential claims, and
provide greater visibility to Clearimg Members on how open claims from
the partial tear-up process would be honored. In particular, the
revisions remove any ambiguity that could cause Clearing Members to
believe that OCC would default if it fails to pay an unsecured claim
issued by a Clearing Member as a result of the Partial Tear-Up process,
because revised Rule 1111(e) would place appropriate responsibility for
the unsecured claim on the suspended or defaulted Clearing Member. As
such, the Commission believes that these revisions to Rule 1111(e) are
consistent with being organized to protect investors and the public
interest.
    With the proposed revisions to Rule 1111(g), OCC codifies a
specific limit to the amount of special charge that the Board would
potentially levy on each non-defaulting Clearing Member. This revision
indicates to non-defaulting Clearing Members that such special charges
are not unlimited in nature, and provides non-defaulting Clearing
Members with the assurance to manage and monitor their potential
exposures to OCC with fewer concerns on whether or not they could cover
their exposures successfully. As such, the Commission believes that
these revisions to Rule 1111(e) are also consistent with the protection
of investors and the public interest.
    In response to the Notice of Filing,\20\ the Commission received a
comment opposing the proposal on the basis that it would increase
investor risk by shifting the responsibility of covering default-
related liability from OCC to individual investors.\21\ The Commission
disagrees with this assertion, as the Proposed Rule Change provides
further information to Clearing Members on the nature and amount of
Partial Tear-Up claims. In particular, the Proposed Rule Change
indicates that unsecured claims issued by a Clearing Member as a result
of the Partial Tear-Up process are the responsibility of the defaulted
or suspended Clearing Member, thus removing the risk of an unintended
OCC wind-down due to Clearing Members initiating a close-out netting
under Article XI, Section 27 of OCC's By-Laws. The Proposed Rule Change
also provides further information to non-defaulting Clearing Members on
the nature and amount of Board-levied special charges. As such, the
revisions would in fact support the goals of the Partial Tear-Up
process, which are to account for the exposures of non-defaulting
Clearing Members and place responsibility on suspended or defaulted
Clearing Members where due--the opposite of what the comment is
asserting.
---------------------------------------------------------------------------

    \20\ See Notice of Filing supra note 4, 87 FR at 20495.
    \21\ The comment on the Proposed Rule Change is available at
https://www.sec.gov/comments/sr-occ-2022-005/srocc2022005.htm.
---------------------------------------------------------------------------

    The Commission believes, therefore, that the proposal to revise
Rule 1111(e) and (g) is consistent with the requirements of Section
17A(b)(3)(F) of the Exchange Act.\22\
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

B. Consistency With Rule 17Ad-22(e)(23) Under the Exchange Act

    Rule 17Ad-22(e)(23)(ii) under the Exchange Act requires that a
clearing agency must establish, implement, maintain and enforce written
policies and procedures reasonably designed to provide sufficient
information to enable participants to identify and evaluate the risks,
fees, and other material costs they incur by participating in the
covered clearing agency.\23\ Based on its review of the record, and for
the reasons described below, the Commission believes that the proposed
changes to Rule 1111(e) and (g) are consistent with the requirements of
Rule 17Ad-22(e)(23)(ii).
---------------------------------------------------------------------------

    \23\ 17 CFR 240.17Ad-22(e)(23)(ii).
---------------------------------------------------------------------------

    By revising Rule 1111(e) to codify critical details on the nature
of a Clearing Member's claim resulting from the Partial Tear-Up
process, including the specific value of the claim (e.g., the value of
the difference between the pro rata amount received and the Partial
Tear-Up Price) and the source of funds that the claim would be against
(e.g., an unsecured claim on any recovery from a suspended or defaulted
Clearing Member, or from the estate of a suspended or defaulted
Clearing Member), OCC provides critical information that Clearing
Members may use to better evaluate the nature and amount of their
claims resulting from the Partial Tear-Up process. Similarly, the
1111(g) revisions codify a specific limit to the amount of special
charge that the Board would potentially levy on each non-defaulting
Clearing Member. Non-defaulting Clearing Members may use this
additional information to better evaluate the nature and amount of the
special charges. As such, the Commission believes that the Rule 1111(e)
and (g) revisions are consistent with providing sufficient information
to enable participants to identify and evaluate the risks, fees, and
other material costs incurred with participation in the covered
clearing agency.
    The Commission believes, therefore, that the proposal to revise
Rule 1111(e) and (g) is consistent with the requirements of Rule 17Ad-
22(e)(23)(ii) under the Exchange Act.\24\
---------------------------------------------------------------------------

    \24\ Id.

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

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
Proposed Rule Change is consistent with the requirements of the
Exchange Act, and in particular, the requirements of Section 17A of the
Exchange Act \25\ and the rules and regulations thereunder.
---------------------------------------------------------------------------

    \25\ In approving this Proposed Rule Change, the Commission has
considered the proposed rules' impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Exchange Act,\26\ that the Proposed Rule Change (SR-OCC-2022-005) be,
and 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).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-11061 Filed 5-23-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 233 (Monday, December 5, 2011)]
[Notices]
[Page 75921]
[FR Doc No: 2011-31103]

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

SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 17a-5(c), SEC File No. 270-199, OMB Control No. 3235-0199.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for approval of extension of the
previously approved collection of information provided for in Rule 17a-
5(c) (17 CFR 240.17a-5(c)) under the Securities Exchange Act of 1934
(15 U.S.C. 78a et seq.).
    Rule 17a-5(c) generally requires broker-dealers who carry customer
accounts to provide statements of the broker-dealer's financial
condition to their customers. Paragraph (5) of Rule 17a-5(c) provides a
conditional exemption from this requirement. A broker-dealer that
elects to take advantage of the exemption must publish its statements
on its Web site in a prescribed manner, and must maintain a toll-free
number that customers can call to request a copy of the statements.
    The purpose of the Rule is to ensure that customers of broker-
dealers are provided with information concerning the financial
condition of the firm that may be holding the customers' cash and
securities. The Commission, when adopting the Rule in 1972, stated that
the goal was to ``directly'' send a customer essential information so
that the customer could ``judge whether his broker or dealer is
financially sound.'' The Commission adopted the Rule in response to the
failure of several broker-dealers holding customer funds and securities
in the period between 1968 and 1971.
    The Commission estimates that approximately 244 broker-dealer
respondents carrying approximately 101 million public customer accounts
incur an average burden of 128,000 hours per year to comply with the
Rule.
    The Commission may not conduct or sponsor a collection of
information unless it displays a currently valid control number. No
person shall be subject to any penalty for failing to comply with a
collection of information subject to the PRA that does not display a
valid Office of Management and Budget (OMB) control number.
    The public may view the background documentation for this
information collection at the following Web site, http://www.reginfo.gov . Comments should be directed to: (i) Desk Officer for
the Securities and Exchange Commission, Office of Information and
Regulatory Affairs, Office of Management and Budget, Room 10102, New
Executive Office Building, Washington, DC 20503 or by sending an email
to<EMAIL_ADDRESS>and (ii) Thomas Bayer, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, VA 22312 or send an
email to<EMAIL_ADDRESS>. Comments must be submitted to OMB
within 30 days of this notice.

    Dated: November 29, 2011.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-31103 Filed 12-2-11; 8:45 am]
BILLING CODE 8011-01-P