[Federal Register Volume 84, Number 182 (Thursday, September 19, 2019)]
[Notices]
[Pages 49353-49356]
[FR Doc No: 2019-20220]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86969; File No. SR-NASDAQ-2019-049]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order
Instituting Proceedings To Determine Whether To Disapprove Proposed
Rule Change To Amend the Definition of Family Member in Listing Rule
5605(a)(2) for Purposes of the Definition of Independent Director

September 13, 2019.

I. Introduction

    On May 29, 2019, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend the definition of ``Family Member'' for
purposes of determining the independence of directors under Exchange
Listing Rule 5605(a)(2). The proposed rule change was published for
comment in the Federal Register on June 18, 2019.\3\ On August 1, 2019,
the Commission extended the time period within which to either approve
the proposed rule change, disapprove the proposed rule change, or
institute

proceedings to determine whether to approve or disapprove the proposed
rule change, to September 16, 2019.\4\ The Commission has received no
comment letters on the proposal. This order institutes proceedings
under Section 19(b)(2)(B) of the Act to determine whether to approve or
disapprove the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 86095 (June 12,
2019), 84 FR 28379 (``Notice'').
    \4\ See Securities Exchange Act Release No. 86545 (August 1,
2019), 84 FR 38704 (August 7, 2019).
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II. Background and Description of the Proposal

    Nasdaq has proposed to amend the definition of Family Member in
Nasdaq Rule 5605(a)(2), which is used for purposes of determining
whether a director of a listed company qualifies as an Independent
Director, to exclude stepchildren of directors from the Family Member
definition.
    Nasdaq listing rules have certain requirements for Independent
Directors, including that a majority of the board of the directors of
the company (the ``Board'') be Independent Directors, and that the
company's audit, compensation and nominating committees \5\ be
comprised solely of Independent Directors.\6\ ``Independent Director''
is defined in Nasdaq Rule 5605(a)(2) to mean a person other than an
executive officer or employee of the company or any other individual
having a relationship which, in the opinion of the company's Board,
would interfere with the exercise of independent judgment in carrying
out the responsibilities of a director. Rule 5605(a)(2) also provides a
list of certain relationships that preclude a Board finding of
independence, including the following:
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    \5\ If the company does not have a nominating committee, under
Nasdaq Rule 5605(e)(1) nominees for directors must be selected or
recommended by Independent Directors constituting a majority of the
Board's Independent Directors in a vote in which only Independent
Directors participate.
    \6\ See Nasdaq Rule 5605(b)-(e).
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     A director who accepted or who has a Family Member who
accepted any compensation from the company in excess of $120,000 during
any period of twelve consecutive months within the three years
preceding the determination of independence (with certain exceptions,
including a Family Member who is an employee other than an executive
officer); \7\
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    \7\ Nasdaq states in its rules that this criterion is generally
intended to capture situations where a compensation is made directly
to (or for the benefit of) the director or a Family Member of the
director. See Nasdaq Rule IM-5605.
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     A director who is a Family Member of an individual who is,
or at any time during the past three years was, employed by the company
as an executive officer;
     A director who is, or has a Family Member who is, a
partner in, or a controlling shareholder or an executive officer of,
any organization to which the company made, or from which the company
received, payments for property or services in the current or any of
the past three fiscal years that exceed 5% of the recipient's
consolidated gross revenues for that year, or $200,000, whichever is
more (with certain exceptions);
     A director of the company who is, or has a Family Member
who is, employed as an executive officer of another entity where at any
time during the past three years any of the executive officers of the
company serve on the compensation committee of such other entity; and
     A director who is, or has a Family Member who is, a
current partner of the company's outside auditor, or was a partner or
employee of the company's outside auditor who worked on the company's
audit at any time during any of the past three years.\8\
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    \8\ Additional criteria of independence apply with respect to
Board members and members of the audit and compensation committees,
but are not relevant here. See Nasdaq Rule 5605.
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    Nasdaq Rule 5605(a)(2) currently defines Family Member as ``a
person's spouse, parents, children and siblings, whether by blood,
marriage or adoption, or anyone residing in such person's home.'' As
Nasdaq noted in its proposal, this definition includes stepchildren, as
they are ``children by . . . marriage.'' \9\ Nasdaq proposes to re-
define Family Member as ``a person's spouse, parents, children,
siblings, mothers and fathers-in-law, sons and daughters-in-law,
brothers and sisters-in-law, and anyone (other than domestic employees)
who shares such person's home.'' The same definition is used in the
corresponding listing rules of the New York Stock Exchange
(``NYSE'').\10\ Nasdaq assumes, without elaboration, that the term
``children'' excludes stepchildren.\11\ Nasdaq also proposes to exclude
domestic employees who share a director's home, on the ground that the
term is intended to capture familial, not commercial,
relationships.\12\
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    \9\ See Notice, supra note 3, at 28379.
    \10\ See Section 303A.02 of the NYSE Listed Company Manual. For
clarity, note that NYSE Section 303A.02 uses, and defines, the term
``immediate family member'', which corresponds to Nasdaq's term
``Family Member''. See also Securities Exchange Act Release No.
48745 (November 4, 2003), 68 FR 64154 (November 12, 2003) (File
Numbers SR-NYSE-2002-33 and SR-NASD-2002-141) (Commission order
approving the current texts of the NYSE and Nasdaq definitions
(``2003 Approval Order'')).
    \11\ Nasdaq stated in its proposal that the category of
``children . . . by marriage'' was added to the definition of a
Family Member inadvertently in the context of changes it adopted in
2003. See Notice, supra note 3, at 28379. See also 2003 Approval
Order. According to Nasdaq, those changes were meant to simplify the
existing definition of Family Member while not introducing any
substantive differences, but did not succeed in doing so and
resulted in an unwarranted expansion of the definition. See Notice
at 28380.
    \12\ See id.
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    Nasdaq acknowledges that Independent Directors over time have
become a linchpin in American corporate governance and that it is
important for investors to have confidence that individuals serving as
Independent Directors do not have a relationship with the listed
company that would impair their independence. In support of its
proposal, Nasdaq indicates that including stepchildren within the
definition of Family Member could capture attenuated relationships,
such as where a director marries a person who has an adult child, and
so has never acted in any capacity as a parent of that child. Nasdaq
believes that, rather than prohibiting all stepchildren from being
deemed independent, it would be appropriate for the Board to review
these relationships on a facts and circumstances basis as contemplated
by general provisions of the Independent Director definition. Nasdaq
also states that it has heard from listed companies and their legal
counsel that it can be burdensome to analyze potential differences in
the meaning of the Nasdaq and NYSE definitions. Finally, Nasdaq asserts
that its proposal is consistent with SEC Rule 10A-3, which addresses
director independence for audit committee service, and which focuses
only on payments to minor children or stepchildren, or stepchildren
sharing a home with the director.

III. Proceedings To Determine Whether To Disapprove SR-NASDAQ-2019-049
and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act to determine whether the proposed rule change
should be approved or disapproved. Institution of such proceedings is
appropriate at this time in view of the legal and policy issues raised
by the proposal, as discussed below. Institution of disapproval
proceedings does not indicate that the Commission has reached any
conclusions with respect to any of the issues involved.
    Pursuant to Section 19(b)(2)(B), the Commission is providing notice
of the grounds for disapproval under

consideration. The Commission is instituting proceedings to allow for
additional analysis and input concerning the proposed rule change's
consistency with the Act, and, in particular, with Section 6(b)(5) of
the Act,\13\ which requires, among other things, that the rules of a
national securities exchange be designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system and, in general,
to protect investors and the public interest.
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    \13\ 15 U.S.C. 78f(b)(5).
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    Nasdaq is proposing to define a Family Member, for purposes of
determining whether a director of a listed company qualifies as an
Independent Director, as ``a person's spouse, parents, children,
siblings, mothers and fathers-in-law, sons and daughters-in-law,
brothers and sisters-in-law, and anyone (other than domestic employees)
who shares such person's home,'' and to interpret the term ``children''
as excluding stepchildren. Nasdaq provides an example where the
stepchild relationship could be attenuated, namely where a person has
become a stepchild of a director as an adult. In such cases, where
there has never been a parental relationship, Nasdaq believes the
blanket exclusion from a finding of independence is unwarranted.
Nasdaq, however, does not address other scenarios captured by its
proposal where the relationship between a director and the stepchild
may be less attenuated, such as where the stepchild has been raised by
the director from a young age but no longer shares the same home, or
explain why those closer relationships no longer continue to be
appropriate for the blanket exclusion.
    Nasdaq also expresses concern that the differences between the
Nasdaq and NYSE rules create unnecessary burdens on listed companies
attempting to analyze potential differences in their meaning.
Accordingly, Nasdaq is proposing to make the language of its definition
of Family Member identical to the corresponding definition in NYSE
rules. Nasdaq notes that, prior to the time it proposed its current
definition of Family Member in 2003, the Nasdaq definition of Family
Member and its NYSE counterpart were nearly identical. Nasdaq states
that its current rule was intended to simplify the prior definition of
Family Member without introducing any substantive changes from the
prior rule.\14\
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    \14\ In approving the current NYSE and Nasdaq rules in 2003, the
Commission noted that they were intended to ``conform the Nasdaq and
NYSE proposals more closely'' and ``harmonize more closely various
provisions of their proposals to reduce the possibility of differing
regulatory treatment.'' See 2003 Approval Order, supra note 10, at
64176.
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    Nasdaq further takes the position that the inclusion of
stepchildren in its current rule was inadvertent and unwarranted, and
this is the basis for its proposed interpretation that the term
``children'' excludes stepchildren. As noted above, however, Nasdaq
also affirms the fact that the current Nasdaq rule (which includes
stepchildren in the definition of Family Member) was not intended to
differ substantively from the NYSE rule, which uses the same language
Nasdaq is proposing to adopt. This would appear to lead to the
conclusion that the term ``children'' should be interpreted as
including stepchildren, rather than excluding them. Nasdaq does not
explain this apparent contradiction, or the basis for its view that the
express inclusion of stepchildren in its current rule was inadvertent.
Nasdaq also does not address why its proposal that the term
``children'' be interpreted as excluding stepchildren, which
potentially would create a situation where the Nasdaq and NYSE rules
use identical language but have different interpretations, would not
increase confusion and burdens on listed companies seeking to assess
potential differences in the meanings of the Nasdaq and NYSE rules,
rather than alleviate those burdens.
    Finally, as noted above, Nasdaq asserts that its proposal is
consistent with SEC Rule 10A-3, which addresses director independence
for audit committee service, and which focuses only on payments to
minor children or stepchildren, or stepchildren sharing a home with the
director. The Commission notes that Nasdaq's proposal in fact is more
permissive than SEC Rule 10A-3, as it would permit a finding of
independence if there is a company relationship with a minor stepchild
of a director who is not sharing his or her home.
    The Commission notes that, under the Commission's Rules of
Practice, the ``burden to demonstrate that a proposed rule change is
consistent with the Exchange Act and the rules and regulations issued
thereunder . . . is on the self-regulatory organization [`SRO'] that
proposed the rule change.'' \15\ The description of a proposed rule
change, its purpose and operation, its effect, and a legal analysis of
its consistency with applicable requirements must all be sufficiently
detailed and specific to support an affirmative Commission finding,\16\
and any failure of an SRO to provide this information may result in the
Commission not having a sufficient basis to make an affirmative finding
that a proposed rule change is consistent with the Exchange Act and the
applicable rules and regulations.\17\
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    \15\ Rule 700(b)(3), Commission Rules of Practice, 17 CFR
201.700(b)(3).
    \16\ See id.
    \17\ See id.
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    For the reasons discussed above, the Commission believes it is
appropriate to institute proceedings pursuant to Section 19(b)(2)(B) of
the Act to determine whether the proposal should be approved or
disapproved.

IV. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data, and arguments with respect to the
concerns identified above, as well as any other concerns they may have
with the proposal. In particular, the Commission invites the written
views of interested persons concerning whether the proposed rule change
is inconsistent with Section 6(b)(5) or any other provision of the Act,
or the rules and regulation thereunder. Although there do not appear to
be any issues relevant to approval or disapproval which would be
facilitated by an oral presentation of views, data, and arguments, the
Commission will consider, pursuant to Rule 19b-4, any request for an
opportunity to make an oral presentation.\18\
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    \18\ Section 19(b)(2) of the Act, as amended by the Securities
Act Amendments of 1975, Public Law 94-29 (June 4, 1975), grants the
Commission flexibility to determine what type of proceeding--either
oral or notice and opportunity for written comments--is appropriate
for consideration of a particular proposal by a self-regulatory
organization. See Securities Act Amendments of 1975, Senate Comm. on
Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st
Sess. 30 (1975).
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    Interested persons are invited to submit written data, views and
arguments regarding whether the proposed rule change should be
disapproved by November 4, 2019. Any person who wishes to file a
rebuttal to any other person's submission must file that rebuttal by
November 18, 2019.
    Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or

     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2019-049 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2019-049. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NASDAQ-2019-049 and should be submitted
on or before October 10, 2019. Rebuttal comments should be submitted by
October 24, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(57).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-20220 Filed 9-18-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 137 (Tuesday, July 17, 2012)]
[Notices]
[Pages 42034-42036]
[FR Doc No: 2012-17329]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67401; File No. SR-NYSEArca-2012-68]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to the
AdvisorShares Active Bear ETF

July 11, 2012.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on June 27, 2012, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the self-regulatory organization. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to reflect a change to the means of achieving
the investment objective applicable to the AdvisorShares Active Bear
ETF (the ``Fund''). The text of the proposed rule change is available
on the Exchange's Web site at www.nyse.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Commission has approved listing and trading on the Exchange of
shares (``Shares'') of the AdvisorShares Active Bear ETF, a series of
AdvisorShares Trust (the ``Trust''),\4\ under NYSE Arca Equities Rule
8.600, which governs the listing and trading of Managed Fund Shares.
The Shares are offered by the Trust, a statutory trust organized under
the laws of the State of Delaware and registered with the Commission as
an open-end management investment company.\5\ The investment advisor to
the Fund is AdvisorShares Investments, LLC (the ``Adviser''). Ranger
Alternative Management, L.P. is the sub-advisor (``Sub-Adviser'') to
the Fund and the portfolio manager. Foreside Fund Services LLC is the
distributor for the Fund. The Bank of New York Mellon Corporation is
the administrator, custodian, transfer agent and fund accounting agent
for the Fund.
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    \4\ See Securities Exchange Act Release No. 63737 (January 19,
2011), 76 FR 4968 (January 27, 2011) (SR-NYSEArca-2010-107) (``Prior
Order''). See also Securities Exchange Act Release No. 63447
(December 7, 2010), 75 FR 77681 (December 13, 2010) (SR-NYSEArca-
2010-107) (``Prior Notice,'' and together with the Prior Order, the
``Prior Release'').
    \5\ The Trust is registered under the Investment Company Act of
1940 (15 U.S.C. 80a-1) (``1940 Act''). On September 22, 2010, the
Trust filed with the Commission an amendment to its registration
statement on Form N-1A under the Securities Act of 1933 (15 U.S.C.
77a) (``1933 Act''), and under the 1940 Act relating to the Fund
(File Nos. 333-157876 and 811-22110) (the ``Registration
Statement''). The description of the operation of the Trust and the
Fund herein is based on the Registration Statement. In addition, the
Commission has issued an order granting certain exemptive relief to
the Trust under the 1940 Act. See Investment Company Act Release No.
29291 (May 28, 2010) (File No. 812-13677) (``Exemptive Order'').
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    In this proposed rule change, the Exchange proposes to reflect a
change to the description of the measures the Sub-Adviser will utilize
to implement the Fund's investment objective.\6\ As reflected in the
Prior Release, the Fund's investment objective is to seek capital
appreciation through short sales of domestically traded equity
securities. The Sub-Advisor seeks to achieve the Fund's investment
objective by short selling a portfolio of liquid mid- and large-cap
U.S. exchange-traded equity securities, exchange-traded funds
(``ETFs'') registered pursuant to the 1940 Act, and exchange-traded
products (``ETPs''), including exchange-traded notes (``ETNs'', and,
collectively with ETFs and ETPs, ``Underlying ETPs'').\7\ In contrast
to ETFs, ETNs and ETPs are not registered pursuant to the 1940 Act.
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    \6\ The change described herein will be effective upon filing
with the Commission of another amendment to the Trust's Registration
Statement. See note 5, supra. The Adviser represents that the
Adviser and Sub-Adviser have managed and will continue to manage the
Fund in the manner described in the Prior Release, and will not
implement the change described herein until the instant proposed
rule change is operative.
    \7\ The Fund may sell short only equity securities traded in the
U.S. on registered exchanges. The Fund does not purchase or borrow
illiquid securities or securities registered pursuant to Rule 144A
under the 1933 Act.
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    The Exchange seeks to make a change to representations made by the
Adviser reflected in the Prior Release, as described below. As stated
in the Prior Notice, the Fund generally targets a composition of 20 to
50 equity short positions, with an average individual position size
which generally ranges between 2-7% of the aggregate portfolio
exposure. Going forward, the Fund generally will target a composition
of 20 to 75 equity short positions, with no change in the aggregate
portfolio exposure size.
    The Adviser represents that the purpose of this change is to
provide additional flexibility to the Sub-Adviser to meet the Fund's
investment objective by providing a limited increase in the number of
equity short positions in the Fund's portfolio. Such an increase will
permit the Fund to include a broader range of market sectors in the
mid- and large-cap equity securities and Underlying ETPs in which the
Fund invests, and will further the Fund's objective to seek capital
appreciation.
    The Adviser represents that there is no change to the Fund's
investment objective. The Fund will continue to comply with all initial
and continued listing requirements under NYSE Arca Equities Rule 8.600.

    Except for the change noted above, all other facts presented and
representations made in the Rule 19b-4 \8\ filing underlying the Prior
Release remain unchanged, including representations regarding
implementation of ``fire walls'' by any additional Fund advisers and
sub-advisers affiliated with a broker-dealer, and equity securities and
Underlying ETPs in which the Fund invests.
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    \8\ 17 CFR 240.19b-4.
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    All terms referenced but not defined herein are defined in the
Prior Release.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \9\ that an exchange have rules that
are designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest.
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    \9\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices in that the
Shares will continue to be listed and traded on the Exchange pursuant
to the initial and continued listing criteria in NYSE Arca Equities
Rule 8.600. The Fund may sell short only liquid equity securities and
Underlying ETPs traded in the U.S. on registered exchanges. The Fund
does not purchase or borrow illiquid securities or securities
registered pursuant to Rule 144A under the 1933 Act. The Fund will
continue to comply with all initial and continued listing requirements
under NYSE Arca Equities Rule 8.600.
    The proposed rule change is designed to promote just and equitable
principles of trade and to protect investors and the public interest in
that the Adviser represents that there is no change to the Fund's
investment objective. The Adviser represents that the purpose of this
change is to provide additional flexibility to the Sub-Adviser to meet
the Fund's investment objective by providing a limited increase in the
number of equity short positions in the Fund's portfolio, which will
permit the Fund to include a broader range of market sectors in the
mid- and large-cap equity securities and Underlying ETPs in which the
Fund invests, and will further the Fund's objective to seek capital
appreciation.
    The proposed rule change is designed to perfect the mechanism of a
free and open market and, in general, to protect investors and the
public interest in that the Fund may sell short only liquid equity
securities and Underlying ETPs traded in the U.S. on registered
exchanges. The Adviser represents that the purpose of this change is to
provide additional flexibility to the Sub-Adviser to meet the Fund's
investment objective. Except for the change noted above, all other
representations made in the Rule 19b-4 filing underlying the Prior
Release remain unchanged.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the foregoing proposed rule does not (i) significantly
affect the protection of investors or the public interest; (ii) impose
any significant burden on competition; and (iii) become operative for
30 days from the date on which it was filed, or such shorter time as
the Commission may designate if consistent with the protection of
investors and the public interest, provided that the self-regulatory
organization has given the Commission written notice of its intent to
file the proposed rule change at least five business days prior to the
date of filing of the proposed rule change or such shorter time as
designated by the Commission, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-
4(f)(6) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). The Commission notes that the
Exchange has satisfied the five-day pre-filing notice requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative prior to 30 days after the date of the filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\12\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing.
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    \12\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Commission notes that, under the proposal, the Fund will target
a composition of 20 to 75 equity short positions, versus the current
target composition of 20 to 50 equity short positions. Thus, the Sub-
Advisor to the Fund would have the flexibility to include a broader
range of market sectors in the mid- and large-cap equity securities and
Underlying ETPs in selecting the Fund's investments, while continuing
to seek capital appreciation.
    The Commission notes that, except for the changes stated herein,
all other representations made in the Prior Release remain unchanged.
In addition, the Fund will continue to comply with all initial and
continued listing requirements under NYSE Arca Equities Rule 8.600.
    For the foregoing reasons, the Commission believes that the
proposed change does not raise novel or unique regulatory issues that
should delay the implementation of the Fund's proposed changes. In
addition, the Commission believes it is consistent with the protection
of investors and the public interest to waive the 30-day operative
delay, as a waiver would allow the Sub-Advisor the flexibility to
invest in ways it believes will result in greater returns for
investors, with the continued goal of seeking capital appreciation,
without undue delay.\13\ Accordingly, the Commission waives the 30-day
operative delay requirement.
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    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File

Number SR-NYSEArca-2012-68 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2012-68. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Section, 100 F Street
NE., Washington, DC 20549. Copies of the filing will also be available
for inspection and copying at the NYSE's principal office and on its
Internet Web site at www.nyse.com. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEArca-2012-68 and should be submitted on or before
August 7, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-17329 Filed 7-16-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 153 (Thursday, August 8, 2013)]
[Notices]
[Page 48541]
[FR Doc No: 2013-19192]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Anti-Drug
Program for Personnel Engaged in Specified Aviation Activities

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on May 24, 2013, vol. 78, no. 101, page 31626. Information is
collected to determine program compliance or non-compliance of
regulated aviation employers, oversight planning, to determine who must
provide annual Management Information System testing information, and
to communicate with entities subject to the program regulations.

DATES: Written comments should be submitted by September 9, 2013.

FOR FURTHER INFORMATION CONTACT: Kathy DePaepe at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0535.
    Title: Anti-Drug Program for Personnel Engaged in Specified
Aviation Activities.
    Form Numbers: There are no FAA forms associated with this
collection of information.
    Type of Review: Renewal of an information collection.
    Background: The FAA mandates specified aviation entities to conduct
drug and alcohol testing under its regulations, Drug and Alcohol
Testing Program (14 CFR Part 120), 49 U.S.C. 31306 (Alcohol and
controlled substances testing), and the Omnibus Transportation Employee
Testing Act of 1991 (the Act). The FAA uses information collected for
determining program compliance or non-compliance of regulated aviation
employers, oversight planning, determining who must provide annual MIS
testing information, and communicating with entities subject to the
program regulations.
    Respondents: Approximately 7,000 affected entities annually.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 5 minutes.
    Estimated Total Annual Burden: 22,902 hours.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street NW., Washington, DC
20503.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    Issued in Washington, DC on August 2, 2013.
Albert R. Spence,
FAA Assistant Information Collection Clearance Officer, IT Enterprises
Business Services Division, AES-200.
[FR Doc. 2013-19192 Filed 8-7-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 29 (Friday, February 11, 2011)]
[Notices]
[Page 7866]
[FR Doc No: 2011-3031]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. 2010-N-0066]

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approval; Human Tissue Intended for
Transplantation

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
collection of information entitled ``Human Tissue Intended for
Transplantation'' has been approved by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: Johnny Vilela, Office of Information
Management, Food and Drug Administration, 1350 Piccard Dr., PI50-400B,
Rockville, MD 20850,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Federal Register of August 2, 2010
(75 FR 45127), the Agency announced that the proposed information
collection had been submitted to OMB for review and clearance under 44
U.S.C. 3507. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. OMB has now approved the
information collection and has assigned OMB control number 0910-0302.
The approval expires on January 31, 2014. A copy of the supporting
statement for this information collection is available on the Internet
at http://www.reginfo.gov/public/do/PRAMain.

    Dated: February 7, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-3031 Filed 2-10-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 79, Number 237 (Wednesday, December 10, 2014)]
[Notices]
[Pages 73292-73293]
[FR Doc No: 2014-28945]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG15-19-000.
    Applicants: Capital Dynamics, Inc.
    Description: Self-Certification of EWG of Green Pastures Wind II,
LLC
    Filed Date: 12/3/14.
    Accession Number: 20141203-5183.
    Comments Due: 5 p.m. ET 12/24/14.

    Docket Numbers: EG15-20-000.
    Applicants: Capital Dynamics, Inc.
    Description: Self-Certification of EWG of Briscoe Wind Farm, LLC.
    Filed Date: 12/3/14.
    Accession Number: 20141203-5184.
    Comments Due: 5 p.m. ET 12/24/14.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2331-027; ER14-630-004; ER14-1468-004; ER13-
1351-002; ER10-2330-026; ER10-2326-026; ER10-2319-020; ER10-2317-020.
    Applicants: J.P. Morgan Ventures Energy Corporation, AlphaGen Power
LLC, BE Alabama LLC, BE CA LLC, Cedar Brakes I, L.L.C., KMC Thermo,
LLC, Florida Power Development LLC, Utility Contract Funding, L.L.C.
    Description: Non-Material Change in Status of the J.P. Morgan
Sellers.
    Filed Date: 12/3/14.
    Accession Number: 20141203-5256.
    Comments Due: 5 p.m. ET 12/24/14.

    Docket Numbers: ER12-1589-004.
    Applicants: Public Service Company of Colorado.
    Description: Compliance filing per 35: 2014-12-3_PSCo ROE Comp
Filing to be effective 11/17/2012.
    Filed Date: 12/3/14.
    Accession Number: 20141203-5175.
    Comments Due: 5 p.m. ET 12/24/14.

    Docket Numbers: ER14-2586-001.
    Applicants: California Independent System Operator Corporation.
    Description: Compliance filing per 35: 2014-12-03 Interconnection
Process Enhancements 4-5_Compliance to be effective 2/2/2015.
    Filed Date: 12/3/14.
    Accession Number: 20141203-5208.
    Comments Due: 5 p.m. ET 12/24/14.

    Docket Numbers: ER14-2670-000.
    Applicants: Pennsylvania Electric Company, Metropolitan Edison
Company, PJM Interconnection, L.L.C.
    Description: eTariff filing per 35.19a(b): Refund Report of ATSI,
et al. under Docket Nos. ER14-2670 and ER14-2682 to be effective N/A.

    Filed Date: 12/3/14.
    Accession Number: 20141203-5188.
    Comments Due: 5 p.m. ET 12/24/14.

    Docket Numbers: ER15-567-000.
    Applicants: NiGen, LLC.
    Description: Initial rate filing per 35.12 Market Based Rate Tariff
to be effective 12/4/2014.
    Filed Date: 12/3/14.
    Accession Number: 20141203-5149.
    Comments Due: 5 p.m. ET 12/24/14.

    Docket Numbers: ER15-568-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2045R3
Westar Energy, Inc. NITSA and NOA to be effective 8/1/2014.
    Filed Date: 12/3/14.
    Accession Number: 20141203-5203.
    Comments Due: 5 p.m. ET 12/24/14.

    Docket Numbers: ER15-569-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 1895R3
Westar Energy, Inc. NITSA and NOA to be effective 8/1/2014.
    Filed Date: 12/3/14.
    Accession Number: 20141203-5205.
    Comments Due: 5 p.m. ET 12/24/14.

    Docket Numbers: ER15-570-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 1978R3
Westar Energy, Inc. NITSA and NOA to be effective 8/1/2014.
    Filed Date: 12/3/14
    Accession Number: 20141203-5207.
    Comments Due: 5 p.m. ET 12/24/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 4, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-28945 Filed 12-9-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: September 13, 2010 (Volume 75, Number 176)]
[Notices]
[Page 55610-55612]
[DOCID:fr13se10-69]

=======================================================================
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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0028]

Advisory Committee on Construction Safety and Health (ACCSH)

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for nominations of members to serve on ACCSH.

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

SUMMARY: The Assistant Secretary of Labor for Occupational Safety and
Health (OSHA) invites interested parties to submit nominations for
membership on ACCSH.

DATES: Nominations for ACCSH must be submitted (postmarked, sent,
transmitted, or received) by November 12, 2010.

ADDRESSES: You may submit nominations and supporting materials by any
one of the following methods:
    Electronically: Nominations, including attachments, may be
submitted electronically at http://www.regulations.gov, the Federal e-
Rulemaking Portal. Follow the online instructions for submitting
nominations;
    Facsimile: If your nomination and supporting materials, including
attachments, do not exceed 10 pages, you may fax them to the OSHA
Docket Office at<PHONE_NUMBER>;
    Mail, express delivery, hand delivery, and messenger or courier
service: Submit your nominations and supporting materials to the OSHA
Docket Office, Docket No. OSHA-2010-0028, Room N-2625, U.S. Department
of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone
(202) 693-2350 TTY number<PHONE_NUMBER>. Deliveries by hand, express
mail, messenger, and courier service are accepted during the OSHA
Docket Office's normal business hours, 8:15 a.m.-4:45 p.m., e.t.
    Instructions: All nominations and supporting materials must include
the agency name and docket number for this Federal Register notice
(Docket No. OSHA-2010-0028). Because of security-related procedures,
submitting nominations by regular mail may result in a significant
delay in their receipt. Please contact the OSHA Docket Office for
information about security procedures for submitting nominations by
hand delivery, express delivery, and messenger or courier service. For
additional information on submitting nominations, see the ``Public
Participation'' heading in the SUPPLEMENTARY INFORMATION section below.
    All submissions in response to this Federal Register notice,
including personal information provided, are posted without change at
http://www.regulations.gov. Therefore, OSHA cautions interested parties
about submitting personal information such as Social Security numbers
and birthdates.
    Docket: To read or download submissions in response to this Federal
Register notice, go to Docket No. OSHA-2010-0028 at http://
www.regulations.gov. All documents in the docket are listed in the
http://www.regulations.gov index; however, some documents (e.g.,
copyrighted material) are not publicly available to read or download
through that webpage. All submissions, including copyrighted material,
are available for inspection and copying at the OSHA Docket Office.

FOR ADDITIONAL INFORMATION:
    For press inquiries: Ms. MaryAnn Garrahan, Acting Director, OSHA,
Office of Communications, Room N-3647, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
1999.
    For general information: Mr. Francis Dougherty, OSHA, Office of
Construction Services, Directorate of

Construction, Room N-3468, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210; telephone<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Assistant Secretary of OSHA invites
interested parties to submit nominations for membership on ACCSH.
    Background. ACCSH is a continuing advisory committee established
under Section 107 of the Contract Work Hours and Safety Standards Act
(Construction Safety Act (CSA))(40 U.S.C. 3704(d)(4)), to advise the
Secretary of Labor (Secretary) in formulating construction safety and
health standards, as well as on policy matters arising under the CSA
and the Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C.
651 et seq.). In particular, 29 CFR 1911.10(a) and 1912.3(a) provide
that the Assistant Secretary shall consult with ACCSH whenever the
Agency proposes any safety or health standard that affects the
construction industry.
    ACCSH operates in accordance with the CSA, the OSH Act, the Federal
Advisory Committee Act (FACA) (5 U.S.C. App. 2), and regulations issued
pursuant to those statutes (29 CFR part 1912, 41 CFR part 102-3). ACCSH
generally meets two to four times a year.
    ACCSH membership. ACCSH is comprised of 15 members appointed by the
Secretary.
    The categories of ACCSH membership, and the number of new members
to be appointed, are:
     Five members who are qualified by experience and
affiliation to present the viewpoint of employers in the construction
industry: three employer representatives will be appointed;
     Five members who are similarly qualified to present the
viewpoint of employees in the construction industry: three employee
representatives will be appointed;
     Two representatives of State Plan State safety and health
agencies: one State Plan State representative will be appointed;
     Two public members, qualified by knowledge and experience
to make a useful contribution to the work of ACCSH, such as those who
have professional or technical experience and competence with
occupational safety and health in the construction industry: one public
representative will be appointed; and
     One representative designated by the Department of Health
and Human Services and appointed by the Secretary: No new appointment
will be made.
    ACCSH members normally serve staggered two-year terms, unless they
resign, cease to be qualified, become unable to serve, or are removed
by the Secretary (29 CFR 1912.3(e)). At the discretion of the
Secretary, a qualified ACCSH member whose term has expired may continue
to serve until a successor is appointed. The Secretary may appoint
ACCSH members to successive terms. Any member absent from two
consecutive ACCSH meetings may be removed and replaced. No member of
ACCSH, other than members who represent employers or employees, shall
have an economic interest in any proposed rule that affects the
construction industry (29 CFR 1912.6).
    The Department of Labor is committed to equal opportunity in the
workplace and seeks broad-based and diverse ACCSH membership. Any
interested person or organizations may nominate one or more individuals
for membership on ACCSH. Interested persons also are invited and
encouraged to submit statements in support of particular nominees.
    Submission requirements. Nominations must include the following
information:
    (1) Nominee's contact information and current employment or
position;
    (2) Nominee's resume or curriculum vitae, including prior
membership on ACCSH and other relevant organizations and associations;
    (3) Categories of membership (employer, employee, public, State
safety and health agency) that the nominee is qualified to represent;
    (4) A summary of the background, experience, and qualifications
that addresses the nominee's suitability for each of the nominated
membership categories;
    (5) Articles or other documents the nominee has authored that
indicate the nominee's knowledge, experience, and expertise in
occupational safety and health, particularly as it pertains to the
construction industry; and
    (6) A statement that the nominee is aware of the nomination, is
willing to regularly attend and participate in ACCSH meetings, and has
no conflicts of interest that would preclude membership on ACCSH.
    Member selection. ACCSH members will be selected on the basis of
their experience, knowledge, and competence in the field of
occupational safety and health, particularly in the construction
industry. Information, received through this nomination process, in
addition to other relevant sources of information, will assist the
Secretary in appointing members to ACCSH. In selecting ACCSH members,
the Secretary will consider individuals nominated in response to this
Federal Register notice, as well as other qualified individuals. OSHA
will publish the list of new ACCSH members in the Federal Register.

Public Participation

    Instructions for submitting nominations. All nominations,
supporting documents, attachments, and other materials must identify
the Agency name and the docket number for this notice (Docket No. OSHA-
2010-0028). You may submit materials: (1) Electronically, (2) by FAX,
or (3) by hard copy. You may supplement electronic submissions by
attaching electronic files. Alternatively, if you wish to supplement
electronic submissions with hard copy documents, you must submit them
to the OSHA Docket Office and clearly identify your electronic
submission by Agency name and docket number (Docket No. OSHA-2010-0028)
so that the materials can be attached to the electronic submission.
    Because of security-related procedures, materials submitted by mail
may experience significant delays. For information about security
procedures concerning the delivery of materials by hand, express
delivery, and messenger or courier service, please contact the OSHA
Docket Office.
    All submissions, including personal information provided, will be
posted in the docket without change; therefore, OSHA cautions
interested parties about submitting personal information such as Social
Security numbers and birthdates. Guidance on submitting nominations and
supporting materials is available on-line at http://www.regulations.gov
and from the OSHA Docket Office.
    Access to docket. All submissions in response to this Federal
Register notice are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from that Webpage. All submissions,
including materials not available on-line, are available for inspection
and copying at the OSHA Docket Office. For information about accessing
materials in Docket No. OSHA-2010-0028, including materials not
available on-line, contact the OSHA Docket Office.
    Access to this Federal Register notice. Electronic copies of this
Federal Register document are available at http://www.regulations.gov.
This document, as well as news releases and other relevant information,
also is available at OSHA's Webpage at http://www.osha.gov.
    Authority and Signature: David Michaels, PhD, MPH, Assistant
Secretary of Labor for Occupational

Safety and Health, directed the preparation of this notice under the
authority granted by section 7 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 656), section 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 3704), the Federal Advisory Committee
Act (5 U.S.C. App. 2), 29 CFR part 1912, 41 CFR part 102-3, and
Secretary of Labor's Order No. 5-2007 (72 FR 31160).

    Signed at Washington, DC, this 7th day of September, 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-22695 Filed 9-10-10; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register: July 31, 2009 (Volume 74, Number 146)]
[Proposed Rules]
[Page 38146-38147]
[DOCID:fr31jy09-17]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0541; Airspace Docket No. 09-ACE-7]

Proposed Amendment of Class E Airspace; St. Louis, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace for the St.
Louis, MO, area. Additional controlled airspace is necessary to
accommodate new Standard Instrument Approach Procedures (SIAPs) at
Spirit of St. Louis Airport, St. Louis, MO. Also, there would be minor
adjustments to the geographic coordinates for Lambert-St. Louis
International Airport, St. Louis VORTAC, and the Foristell VORTAC. The
FAA is taking this action to enhance the safety and management of
Instrument Flight Rules (IFR) aircraft operations at Spirit of St.
Louis Airport.

DATES: 0901 UTC. Comments must be received on or before September 14,
2009.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2009-0541/Airspace Docket No. 09-
ACE-7, at the beginning of your comments. You may also submit comments
on the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Docket Office
(telephone 1-800-647-5527), is on the ground floor of the building at
the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2009-0541/
Airspace Docket No. 09-ACE-7.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://
www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
    Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration (FAA),
Office of Air Traffic Airspace Management, ATA-400, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling<PHONE_NUMBER>.
Communications must identify both docket numbers for this notice.
Persons interested in being placed on a mailing list for future NPRMs
should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), Part 71 by adding additional controlled Class E airspace
extending upward from 700 feet above the surface for SIAPs operations
at Spirit of St. Louis Airport, St. Louis, MO, and adjusting the
geographic coordinates for Lambert-St. Louis International Airport, St.
Louis VORTAC, and the Foristell VORTAC to coincide with the FAAs
National Aeronautical Charting Office.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9S, dated October 3, 2008, and effective October 31, 2008, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act. The FAA's authority to
issue rules regarding aviation safety is found in Title 49 of the U.S.
Code. Subtitle 1, Section 106 describes the authority of the FAA
Administrator. Subtitle VII, Aviation Programs, describes in more
detail the scope of the agency's authority. This rulemaking is
promulgated under the authority described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that section, the FAA is charged with
prescribing regulations to assign the use of airspace necessary to
ensure the safety of aircraft and the efficient use of airspace. This
regulation is within the scope of that authority as it would add
additional controlled airspace to the St. Louis, MO airspace area.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR Part 71 as follows:

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

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

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9S, Airspace Designations and
Reporting Points, dated October 3, 2008, and effective October 31,
2008, is amended as follows:

Paragraph 6005 Class E Airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ACE MO E5 St. Louis, MO [Amended]

St. Louis, Lambert-St. Louis International Airport, MO
    (Lat. 38[deg]44'55'' N., long. 90[deg]22'12'' W.)
St. Louis, Spirit of St. Louis Airport, MO
    (Lat. 38[deg]39'44'' N., long. 90[deg]39'07'' W.)
Alton, St. Louis Regional Airport, MO
    (Lat. 38[deg]53'25'' N., long. 90[deg]02'46'' W.)
St. Charles, St. Charles County Smartt Airport, MO
    (Lat. 38[deg]55'47'' N., long. 90[deg]25'48'' W.)
St. Louis VORTAC
    (Lat. 38[deg]51'38'' N., long. 90[deg]28'57'' W.)
Foristell VORTAC
    (Lat. 38[deg]41'40'' N., long. 90[deg]58'16'' W.)
ZUMAY LOM
    (Lat. 38[deg]47'17'' N., long. 90[deg]16'44'' W.)
OBLIO LOM
    (Lat. 38[deg]48'01'' N., long. 90[deg]28'29'' W.)
Civic Memorial NDB
    (Lat. 38[deg]53'32'' N., long. 90[deg]03'23'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7.1-mile radius of Lambert-St. Louis International Airport
and within 4 miles southeast and 7 miles northwest of the Lambert-
St. Louis International Airport Runway 24 ILS localizer course
extending from the airport to 10.5 miles northeast of the ZUMAY LOM
and within 4 miles southwest and 7.9 miles northeast of the Lambert-
St. Louis International Airport Runway 12R ILS localizer course
extending from the airport to 10.5 miles northwest of the OBLIO LOM
and within 4 miles southwest and 7.9 miles northeast of the Lambert-
St. Louis International Airport Runway 30L ILS localizer course
extending from the airport to 8.7 miles southeast of the airport,
and within a 6.8-mile radius of Spirit of St. Louis Airport, and
within 3.9 miles each side of the 258[deg] bearing from Spirit of
St. Louis Airport extending from the 6.8-mile radius of Spirit of
St. Louis Airport to 10.6 miles west of the airport, and within 2.6
miles each side of the 098[deg] radial of the Foristell VORTAC
extending from the 6.8-mile radius of Spirit of St. Louis Airport to
8.3 miles west of the airport, and within a 6.4-mile radius of St.
Charles County Smartt Airport, and within a 6.9-mile radius of St.
Louis Regional Airport, and within 4 miles each side of the 014[deg]
bearing from the Civic Memorial NDB extending from the 6.9-mile
radius of St. Louis Regional Airport to 7 miles north of the
airport, and within 4.4 miles each side of the 190[deg] radial of
the St. Louis VORTAC extending from 2 miles south of the VORTAC to
22.1 miles south of the VORTAC.
* * * * *

    Issued in Fort Worth, TX, on July 23, 2009.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E9-18240 Filed 7-30-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Rules and Regulations]
[Pages 75503-75506]
[FR Doc No: 2023-24190]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2023-0507; FRL-11517-01-OCSPP]

Extension of Tolerances for Emergency Exemptions; Multiple
Chemicals

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation extends time-limited tolerances for residues
of clothianidin, kasugamycin, methyl bromide, and triclopyr in or on
various commodities as identified in this document. These actions are
in response to EPA's granting of emergency exemptions under section 18
of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
authorizing use of these pesticides. In addition, the Federal Food,
Drug, and Cosmetic Act (FFDCA) requires EPA to establish a time-limited
tolerance or exemption from the requirement for a tolerance for
pesticide chemical residues in food that will result from the use of a
pesticide under an emergency exemption granted by EPA under FIFRA.
Additionally, EPA is removing time-limited tolerances for residues of
flupyradifurone in or on sugar cane and sweet sorghum commodities.

DATES: This regulation is effective November 3, 2023. Objections and
requests for hearings must be received on or before January 2, 2024 and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2023-0507, is available at
https://www.regulations.gov or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket) in the Environmental Protection
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg.,
Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room and the OPP Docket is<PHONE_NUMBER>. Please review the
visitor instructions and additional information about the docket
available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Director, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Office of the Federal Register's e-CFR site at
https://www.ecfr.gov/current/title-40.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2023-0507 in the subject line on the first
page of your submission. All requests must be in writing and must be
received by the Hearing Clerk on or before January 2, 2024. Addresses
for mail and hand delivery of objections and hearing requests are
provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2023-0507, by one of
the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.

II. Background and Statutory Findings

    EPA previously published final rules establishing time-limited
tolerances in the Federal Register for the chemicals and commodities
listed below under FFDCA section 408, 21 U.S.C. 346a. EPA established
the tolerances because FFDCA section 408(l)(6) requires EPA to
establish a time-limited tolerance or exemption from the requirement
for a tolerance for pesticide chemical residues in food that will
result from the use of a pesticide under an emergency exemption granted
by EPA under FIFRA section 18. Such tolerances can be

established without providing notice or period for public comment.
    EPA received requests to extend emergency uses of clothianidin,
kasugamycin, methyl bromide, and triclopyr on various commodities for
this year's growing season. After having reviewed the submissions, EPA
concurs that emergency conditions continue to exist. EPA assessed the
potential risks presented by residues of each chemical in or on the
pertinent commodities. In doing so, EPA considered the safety standard
in FFDCA section 408(b)(2) and decided that the necessary tolerances
under FFDCA section 408(l)(6) would be consistent with the safety
standard and with FIFRA section 18. The data and other relevant
material have been evaluated and were discussed in the final rules
originally establishing the time-limited tolerances. Based on those
data and information considered, the Agency reaffirms that extensions
of the time-limited tolerances will continue to meet the requirements
of FFDCA section 408(l)(6). Therefore, the time-limited tolerances are
extended until December 31, 2026. Although these tolerances will expire
and are revoked on December 31, 2026, under FFDCA section 408(l)(5),
residues of the pesticides not in excess of the amounts specified in
the tolerances remaining in or on the commodities after that date will
not be unlawful, provided the residues are present as a result of an
application or use of a pesticide at a time and manner that was lawful
under FIFRA, the tolerance was in place at the time of the application,
and the residues do not exceed the level that was authorized by the
tolerance. EPA will take action to revoke the tolerances earlier if any
experience with, scientific data on, or other relevant information on
any of these pesticides indicate that the residues are not safe. EPA
will publish a document in the Federal Register to remove the revoked
tolerances from the Code of Federal Regulations (CFR).
    Time-limited tolerances for the use of the following pesticide
chemicals on specific commodities as noted are being extended:
    Clothianidin. Pursuant to a request by the Florida Department of
Agriculture and Consumer Services, EPA authorized under FIFRA section
18 the use of clothianidin on citrus for control of the Asian citrus
psyllid in Florida. This regulation extends a time-limited tolerance
for residues of the insecticide clothianidin and its metabolites and
degradates in or on fruit, citrus, group 10-10 at 0.07 parts per
million (ppm) for an additional 3-year period. This tolerance will
expire and is revoked on December 31, 2026. The time-limited tolerance
was originally published in the Federal Register of February 25, 2015
(80 FR 10003) (FRL-9919-59).
    Flupyradifurone. The time-limited tolerances are being removed at
40 CFR 180.679(b) for residues of the insecticide flupyradifurone and
its metabolites in or on sorghum, syrup at 90.0 ppm and sweet sorghum,
forage at 30.0 ppm which expired on December 31, 2022; and in or on
sugarcane, cane at 3 ppm and sugarcane, molasses at 90 ppm, which
expire on December 31, 2023. The applicant has not submitted a request
for further use of flupyradifurone sugarcane; and use on sweet sorghum
gained registration under Section 3 of FIFRA. The time-limited
tolerances were originally published in the Federal Register of June
25, 2021 (86 FR 21944) (FRL-10029-49).
    Kasugamycin. Pursuant to a request by the California Department of
Pesticide Regulation, EPA authorized under FIFRA section 18 the use of
kasugamycin on almonds for control of bacterial blast in California.
This regulation extends time-limited tolerances for residues of the
pesticide kasugamycin and its metabolites and degradates in or on
almond at 0.04 (ppm); and almond hulls at 0.4 ppm for an additional 3-
year period. The tolerances will expire and are revoked on December 31,
2026. The time-limited tolerances were originally published in the
Federal Register of October 8, 2020 (85 FR 63450) (FRL-10013-94).
    Methyl bromide. Pursuant to a request by the US Department of
Agriculture, Animal and Plant Health Inspection Service, EPA authorized
under FIFRA section 18 the use of methyl bromide on certain imported
and domestic commodities, post-harvest for control of invasive non-
indigenous quarantine plant pests and to prevent the introduction and/
or spread of any new or recently introduced foreign pests to the United
States. This regulation extends time-limited tolerances for residues of
the pesticide methyl bromide, including its metabolites and degradates,
in or on the commodities identified in 40 CFR 180.124(b) (and listed in
the regulatory text section of this document) at the levels listed for
an additional 3-year period. The tolerances will expire and are revoked
on December 31, 2026. The time-limited tolerances were originally
published in the Federal Register of March 1, 2018 (83 FR 8758) (FRL-
9971-19) and October 16, 2020 (85 FR 65729) (FRL-10014-31).
    Triclopyr. Pursuant to a request by the Louisiana Department of
Agriculture and Forestry, EPA authorized under FIFRA section 18 the use
of triclopyr on sugarcane for control of divine nightshade in
Louisiana. This regulation extends a time-limited tolerance for
residues of the herbicide triclopyr and its metabolites and degradates
in or on sugarcane, cane at 40 ppm for an additional 3-year period. The
tolerance will expire and is revoked on December 31, 2026. A time-
limited tolerance was originally published in the Federal Register of
June 8, 2017 (82 FR 26599) (FRL-9961-29).

III. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established any MRLs for flupyradifurone,
kasugamycin, methyl bromide, or triclopyr in or on the commodities
listed in this document. The Codex has established an MRL for
clothianidin in or on citrus at 0.07 ppm, the same as the tolerance
established for fruit, citrus, group 10-10 in the United States.
Therefore, there are no harmonization issues.

IV. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 408(d). The
Office of Management and Budget (OMB) has exempted these types of
actions from review under Executive Order 12866, entitled ``Regulatory
Planning and Review'' (58 FR 51735, October 4, 1993). Because this
action has been exempted from review under Executive Order 12866, this
action is not subject to Executive Order 13211, entitled ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) or Executive Order
13045, entitled ``Protection of Children from Environmental Health
Risks and Safety

Risks'' (62 FR 19885, April 23, 1997). This action does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established in accordance
with FFDCA sections 408(e) and 408(l)(6), such as the tolerances in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or Tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
Tribal Governments, on the relationship between the National Government
and the States or Tribal Governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian Tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

V. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: October 27, 2023.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
    Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR chapter I as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD

0
1. The authority citation for part 180 continues to read as follows:

    Authority:  21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.124, revise table 2 to paragraph (b) to read as
follows:

Sec.  180.124  Methyl bromide; tolerances for residues.

* * * * *
    (b) * * *

                        Table 2 to Paragraph (b)
------------------------------------------------------------------------
                                          Parts per       Expiration/
              Commodity                    million      revocation date
------------------------------------------------------------------------
Berry and small fruit, group 13-07...             5.0           12/31/26
Cactus...............................             3.0           12/31/26
Coconut, copra.......................             8.0           12/31/26
Coffee, green bean...................             150           12/31/26
Cola, seed...........................             150           12/31/26
Cucurbit, seed.......................             150           12/31/26
Fig..................................              10           12/31/26
Fruit, citrus, group 10-10...........               2           12/31/26
Fruit, stone, group 12-12............             5.0           12/31/26
Fruit, tropical and subtropical,                   10           12/31/26
 edible peel, group 23...............
Fruit, tropical and subtropical,                  5.0           12/31/26
 inedible peel, group 24.............
Herb and spice, group 19.............              35           12/31/26
Hibiscus, seed.......................             150           12/31/26
Ivy gourd............................             5.0           12/31/26
Kaffir lime, leaves..................            0.50           12/31/26
Kenaf, seed..........................             150           12/31/26
Oilseed group 20.....................             150           12/31/26
Peppermint, tops.....................              35           12/31/26
Pointed gourd........................             5.0           12/31/26
Spearmint, tops......................              35           12/31/26
Vegetable, bulb, group 3-07..........             2.0           12/31/26
Vegetable, cucurbit, group 9.........             5.0           12/31/26
Vegetable, foliage of legume, group 7            0.50           12/31/26
Vegetable, fruiting, group 8-10......             7.0           12/31/26
Vegetable, head and stem Brassica,                1.0           12/31/26
 group 5-16..........................
Vegetable, leafy, group 4-16.........            0.50           12/31/26
Vegetable, leaves of root and tuber,             0.50           12/31/26
 group 2.............................
Vegetable, legume, group 6...........             3.0           12/31/26
Vegetable, root and tuber, group 1...             3.0           12/31/26
Vegetable, stalk, stem and leaf                  0.50           12/31/26
 petiole, group 22...................
------------------------------------------------------------------------

* * * * *

0
3. In Sec.  180.417, revise table 3 to paragraph (b) to read as
follows:

Sec.  180.417  Triclopyr; tolerances for residues.

* * * * *
    (b) * * *

                        Table 3 to Paragraph (b)
------------------------------------------------------------------------
                                        Parts per         Expiration/
             Commodity                   million        revocation date
------------------------------------------------------------------------
Sugarcane, cane....................              40            12/31/26
------------------------------------------------------------------------

* * * * *

0
4. In Sec.  180.586, add a heading to the table in paragraph (b) and
revise the entry for ``Fruit, citrus, group 10-10'' in the table to
read as follows:

Sec.  180.586  Clothianidin; tolerances for residues.

* * * * *
    (b) * * *

                        Table 3 to Paragraph (b)
------------------------------------------------------------------------
                                        Parts per         Expiration/
             Commodity                   million        revocation date
------------------------------------------------------------------------
Fruit, citrus, group 10-10.........            0.07            12/31/26

                              * * * * * * *
------------------------------------------------------------------------

* * * * *

Sec.  180.679  [Amended]

0
5. In Sec.  180.679, remove and reserve paragraph (b).

[FR Doc. 2023-24190 Filed 11-2-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 225 (Friday, November 21, 2014)]
[Notices]
[Page 69470]
[FR Doc No: 2014-27633]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9018-1]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or http://www.epa.gov/compliance/nepa/.

Weekly receipt of Environmental Impact Statements.
Filed 11/10/2014 Through 11/14/2014.
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

EIS No. 20140330, Final EIS, BLM, OR, West Eugene Wetlands Resource
Management Plan, review period ends: 12/22/2014, Contact: Panchita
Paulete<PHONE_NUMBER>.

EIS No. 20140331, Draft EIS, FHWA, NY, NJ, Cross Harbor Freight
Program, comment period ends: 02/27/2015, Contact: Jonathan McDade 518-
431-4127.

Amended Notices

EIS No. 20140198, Draft EIS, NMFS, WA, Two Joint State and Tribal
Resource Management Plans for Puget Sound Salmon and Steelhead Hatchery
Programs, comment period ends: 01/23/2015, Contact: Steve Leider 360-
753-4650.

    Revision to the FR Notice Published 10/03/2014; Extending the
Comment Period from 11/24/2014 to 01/23/2015.

EIS No. 20140278, Draft EIS, BLM, CA, Desert Renewable Energy
Conservation Plan (DRECP), comment period ends: 02/23/2015, Contact:
Vicki Campbell<PHONE_NUMBER>.

    Revision to the FR Notice Published 09/26/2014; Extending the
Comment Period from 01/09/2015 to 02/23/2015.

    Dated: November 18, 2014.
Cliff Rader,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2014-27633 Filed 11-20-14; 8:45 am]
BILLING CODE 6560-50-P