[Federal Register Volume 78, Number 33 (Tuesday, February 19, 2013)]
[Notices]
[Page 11638]
[FR Doc No: 2013-03702]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Docket Nos. PR13-26-000; PR13-29-000; PR13-30-000]

Michigan Consolidated Gas Company, DTE Gas Company, DTE Gas
Company; Notice of Petition

    Take notice that on January 28, 2013, in Docket No. PR13-26-000,
and February 1, 2013, in Docket Nos. PR13-29-000, and PR13-30-000 (not
consolidated), Michigan Consolidated Gas Company (MichCon) and DTE Gas
Company (DTE Gas) filed to institute a name change to both itself from
MichCon to DTE Gas and to its Tariff Title, and to elect its recently
effective transportation rates recently approved by Michigan Public
Service Commission. DTE Gas filed (1) in Docket No. PR13-29-000 a new
baseline filing of their Statement of Operating Conditions (SOC) for
services pursuant to its Order No. 63 limited blanket certificate,
incorporating a new Tariff Title and (2) in Docket PR13-26-000 to
cancel its current SOC. On February 1, 2013, in Docket No. PR13-30-000
DTE Gas filed to revise its new SOC to reflect the recent corporate
name change from MichCon to DTE Gas, and pursuant to section 284.123 of
the Commissions regulations, a petition for rate approval to elect its
recently effective transportation rates on file with the Michigan
Public Service Commission, as more fully detailed in the filing.
    Any person desiring to participate in this rate filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 7 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on Wednesday, February 20,
2013.

    Dated: February 11, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-03702 Filed 2-15-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 190 (Thursday, October 1, 2015)]
[Notices]
[Pages 59223-59224]
[FR Doc No: 2015-24925]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2015-0062]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA confirms its decision to exempt 49 individuals from its
rule prohibiting persons with insulin-treated diabetes mellitus (ITDM)
from operating commercial motor vehicles (CMVs) in interstate commerce.
The exemptions enable these individuals to operate CMVs in interstate
commerce.

DATES: The exemptions were effective on August 1, 2015. The exemptions
expire on August 1, 2017.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Carrier, Driver and Vehicle Safety Standards,<PHONE_NUMBER>,
<EMAIL_ADDRESS>FMCSA, Room W64-224, Department of
Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday,
except Federal holidays.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    On July 1, 2015, FMCSA published a notice of receipt of Federal
diabetes exemption applications from 49 individuals and requested
comments from the public (80 FR 37719). The public comment period
closed on July 31, 2015, and one comment was received.
    FMCSA has evaluated the eligibility of the 49 applicants and
determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to or greater than the level that
would be achieved by complying with the current regulation 49 CFR
391.41(b)(3).

Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current requirement for diabetes in 1970

because several risk studies indicated that drivers with diabetes had a
higher rate of crash involvement than the general population. The
diabetes rule provides that ``A person is physically qualified to drive
a commercial motor vehicle if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control'' (49 CFR 391.41(b)(3)).
    FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal
Register notice in conjunction with the November 8, 2005 (70 FR 67777),
Federal Register notice provides the current protocol for allowing such
drivers to operate CMVs in interstate commerce.
    These 49 applicants have had ITDM over a range of one to 44 years.
These applicants report no severe hypoglycemic reactions resulting in
loss of consciousness or seizure, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning symptoms, in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the past 5 years. In each case,
an endocrinologist verified that the driver has demonstrated a
willingness to properly monitor and manage his/her diabetes mellitus,
received education related to diabetes management, and is on a stable
insulin regimen. These drivers report no other disqualifying
conditions, including diabetes-related complications. Each meets the
vision requirement at 49 CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were
stated and discussed in detail in the July 1, 2015, Federal Register
notice and they will not be repeated in this notice.

III. Discussion of Comments

    FMCSA received one comment in this proceeding. The comment is
addressed below.
    Joel Price stated that the exemptions should be granted if the
drivers are able to prove that their conditions are stable and properly
monitored.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption
is likely to achieve an equivalent or greater level of safety than
would be achieved without the exemption. The exemption allows the
applicants to operate CMVs in interstate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered medical reports about the applicants' ITDM and vision, and
reviewed the treating endocrinologists' medical opinion related to the
ability of the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that in each case exempting these
applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is
likely to achieve a level of safety equal to that existing without the
exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption will be provided to the
applicants in the exemption document and they include the following:
(1) That each individual submit a quarterly monitoring checklist
completed by the treating endocrinologist as well as an annual
checklist with a comprehensive medical evaluation; (2) that each
individual reports within 2 business days of occurrence, all episodes
of severe hypoglycemia, significant complications, or inability to
manage diabetes; also, any involvement in an accident or any other
adverse event in a CMV or personal vehicle, whether or not it is
related to an episode of hypoglycemia; (3) that each individual provide
a copy of the ophthalmologist's or optometrist's report to the medical
examiner at the time of the annual medical examination; and (4) that
each individual provide a copy of the annual medical certification to
the employer for retention in the driver's qualification file, or keep
a copy in his/her driver's qualification file if he/she is self-
employed. The driver must also have a copy of the certification when
driving, for presentation to a duly authorized Federal, State, or local
enforcement official.

VI. Conclusion

    Based upon its evaluation of the 49 exemption applications, FMCSA
exempts the following drivers from the diabetes requirement in 49 CFR
391.41(b)(10), subject to the requirements cited above 949 CFR
391.64(b)):

Adele M. Aasen (ND)
Kyle E. Beine (WI)
Dean B. Bibens, Jr. (CT)
Joseph M. Blackwell (GA)
Joseph G. Blastick (SD)
Gary W. Boninsegna (OH)
Brian K. Bouma (MI)
Billy J. Bronson (OR)
Michael L. Campbell (NC)
Steven C. Cornell (PA)
Josiah L. Crestik (MN)
Richard L. Cunningham (NE)
Thomas M. Delasko (FL)
William T. Eason (NC)
Stefan D. Gall (MI)
Douglas J. Garrison (IA)
Charles F. Gollahon (OH)
Donald E. Gray (FL)
Daniel W. Gregory (NC)
Barry L. Grimes, Sr. (MD)
Dennis J. Grimm (DE)
Stephen G. Helmer (NE)
Kenneth P. Henry (WA)
Marco K. Higgs (OR)
Jeffrey T. Hunley (NC)
Colin S. Jackson (WA)
Dennis J. Klawes (WI)
John E. Marshall (PA)
Andrew Milite (NY)
Peter E. Mizialko (NJ)
Matthew E. Modlin (NC)
Michael I. Moore (IN)
Clyde S. Morgan (MN)
Richard M. Ohland (MN)
James D. Parrish (NC)
Justin D. Redding (MT)
Alex R. Rumph (MT)
Kenneth S. Schoenberger (PA)
Jarred E. Shawles (CA)
Charles M. Smith (PA)
Howard L. Smith (IL)
Jeffrey S. Snyder (PA)
Jerry L. Stevens (NE)
Todd Stover (PA)
Kevin G. Sundquist (MN)
David N. Tetlak (PA)
Dennis P. Walker, Jr. (OH)
Horace V. Watson (GA)
Jeremy W. Wolfe (MO)

    In accordance with 49 U.S.C. 31136(e) and 31315 each exemption is
valid for two years unless revoked earlier by FMCSA. The exemption will
be revoked if the following occurs: (1) The person fails to comply with
the terms and conditions of the exemption; (2) the exemption has
resulted in a lower level of safety than was maintained before it was
granted; or (3) continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136(e) and 31315. If the
exemption is still effective at the end of the 2-year period, the
person may apply to FMCSA for a renewal under procedures in effect at
that time.

    Issued on: September 25, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-24925 Filed 9-30-15; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Notices]
[Pages 41609-41610]
[FR Doc No: 2023-13609]

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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: EG23-204-000.
    Applicants: TRS Fuel Cell, LLC.
    Description: TRS Fuel Cell, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 6/21/23.
    Accession Number: 20230621-5105.
    Comment Date: 5 p.m. ET 7/12/23.

    Take notice that the Commission received the following Complaints
and Compliance filings in EL Dockets:

    Docket Numbers: EL23-77-000.
    Applicants: Parkway Generation Operating LLC and Parkway Generation
Sewaren Urban Renewal Entity LLC v. PJM Interconnection, L.L.C.
    Description: Complaint of Parkway Generation Operating LLC and
Parkway Generation Sewaren Urban Renewal Entity LLC v. PJM
Interconnection, L.L.C.
    Filed Date: 6/16/23.
    Accession Number: 20230616-5227.
    Comment Date: 5 p.m. ET 7/17/23.

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

    Docket Numbers: ER13-1910-003; ER16-1018-002; ER20-2771-001.
    Applicants: Guzman Western Slope LLC, Guzman Renewable Energy
Partners LLC, Guzman Power Markets.
    Description: Triennial Market Power Analysis for Northeast Region
of Guzman Energy LLC et al.
    Filed Date: 6/20/23.
    Accession Number: 20230620-5300.
    Comment Date: 5 p.m. ET 8/21/23.

    Docket Numbers: ER23-2001-001.
    Applicants: Sagebrush ESS II, LLC
    Description: Tariff Amendment: Amendment to Petition Requesting
Market-Based Rate Authorization to be effective 7/30/2023.
    Filed Date: 6/21/23.
    Accession Number: 20230621-5077.
    Comment Date: 5 p.m. ET 7/12/23.

    Docket Numbers: ER23-2185-000.
    Applicants: CE-Shady Farm LLC.
    Description: Petition of CE-Shady Farm LLC for Limited Waiver, or
in the Alternative for Remedial Relief, Shortened Comment Period, and
Expedited Action.
    Filed Date: 6/16/23.
    Accession Number: 20230616-5231.
    Comment Date: 5 p.m. ET 7/7/23.

    Docket Numbers: ER23-2199-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 1978R12 Evergy Kansas
Central, Inc. NITSA NOA to be effective 9/1/2023.
    Filed Date: 6/21/23.
    Accession Number: 20230621-5026.
    Comment Date: 5 p.m. ET 7/12/23.

    Docket Numbers: ER23-2200-000.
    Applicants: Electra Sparks, LLC.
    Description: Baseline eTariff Filing: Market-Based Rate Tariff
Application to be effective 6/22/2023.
    Filed Date: 6/21/23.
    Accession Number: 20230621-5037.
    Comment Date: 5 p.m. ET 7/12/23.

    Docket Numbers: ER23-2201-000.
    Applicants: Star Light and Power LLC.
    Description: Baseline eTariff Filing: Market-Based Rate Tariff
Application to be effective 6/22/2023.
    Filed Date: 6/21/23.
    Accession Number: 20230621-5038.
    Comment Date: 5 p.m. ET 7/12/23.

    Docket Numbers: ER23-2202-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, Service
Agreement No. 6958; Queue No. AE2-256 to be effective 5/23/2023.
    Filed Date: 6/21/23.
    Accession Number: 20230621-5040.
    Comment Date: 5 p.m. ET 7/12/23.

    Docket Numbers: ER23-2203-000.
    Applicants: Wildflower Solar, LLC.
    Description: Baseline eTariff Filing: Wildflower Solar LLC--MBR
Application to be effective 8/21/2023.
    Filed Date: 6/21/23.
    Accession Number: 20230621-5041.
    Comment Date: 5 p.m. ET 7/12/23.

    Docket Numbers: ER23-2204-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 2066R12 Evergy Kansas
Central, Inc. NITSA NOA to be effective 9/1/2023.
    Filed Date: 6/21/23.
    Accession Number: 20230621-5080.
    Comment Date: 5 p.m. ET 7/12/23.

    Docket Numbers: ER23-2205-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, SA No. 6955;
Queue No. AF1-136 to be effective 5/22/2023.
    Filed Date: 6/21/23.
    Accession Number: 20230621-5088.
    Comment Date: 5 p.m. ET 7/12/23.

    Docket Numbers: ER23-2206-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Notice of Cancellation of WMPA, SA
No. 4794; Queue No. AC1-116 re: breach to be effective 8/21/2023.
    Filed Date: 6/21/23.
    Accession Number: 20230621-5104.
    Comment Date: 5 p.m. ET 7/12/23.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by 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>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: June 21, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-13609 Filed 6-26-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 192 (Wednesday, October 5, 2022)]
[Notices]
[Pages 60395-60396]
[FR Doc No: 2022-21619]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0751; FRL-10243-01-OCSPP]

Pesticide Registration Review; Proposed Revisions to the Proposed
Interim Decision for Methomyl; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's proposed
revisions to the proposed interim registration review decision and
opens a 60-day public comment period on the proposed revisions to the
proposed interim decision for methomyl.

DATES: Comments must be received on or before December 5, 2022.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2010-0751, through the Federal eRulemaking
Portal at https://www.regulations.gov. Follow the online instructions
for submitting comments. Do not submit electronically any information
you consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Additional
instructions on commenting and visiting the docket, along with more
information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For pesticide specific information, please contact the Chemical
Review Manager for the pesticide of interest identified in Table 1 in
Unit IV.
    For general information on the registration review program,
contact: Melanie Biscoe, Pesticide Re-Evaluation Division (7508P),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general and may be of
interest to a wide range of stakeholders including environmental, human
health, farm worker, and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. Since others also may 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 Chemical Review Manager for the pesticide of interest
identified in Table 1 in Unit IV.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information on a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the

public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at: https://www.epa.gov/dockets/commenting-epa-dockets.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. Background

    Registration review is EPA's periodic review of pesticide
registrations to ensure that each pesticide continues to satisfy the
statutory standard for registration, that is, the pesticide can perform
its intended function without unreasonable adverse effects on human
health or the environment. As part of the registration review process,
the Agency has completed proposed interim decisions for methomyl (Table
1). Through this program, EPA is ensuring that each pesticide's
registration is based on current scientific and other knowledge,
including its effects on human health and the environment.

III. Authority

    EPA is conducting its registration review of methomyl pursuant to
section 3(g) of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) and the Procedural Regulations for Registration Review at 40
CFR part 155, subpart C. Section 3(g) of FIFRA provides, among other
things, that the registrations of pesticides are to be reviewed every
15 years. Under FIFRA, a pesticide product may be registered or remain
registered only if it meets the statutory standard for registration
given in FIFRA section 3(c)(5) (7 U.S.C. 136a(c)(5)). When used in
accordance with widespread and commonly recognized practice, the
pesticide product must perform its intended function without
unreasonable adverse effects on the environment; that is, without any
unreasonable risk to man or the environment, or a human dietary risk
from residues that result from the use of a pesticide in or on food.

IV. What action is the Agency taking?

    Pursuant to 40 CFR 155.58, this notice announces the availability
of EPA's proposed revision to the proposed interim registration review
decision for methomyl and opens a 60-day public comment period on the
proposed revisions to the proposed interim registration review
decision.

          Table 1--Methomyl Registration Review Docket Details
------------------------------------------------------------------------
                                                      Chemical review
 Registration review case name    Docket ID No.     manager and contact
            and No.                                     information
------------------------------------------------------------------------
Methomyl; Case Number 0028....  EPA-HQ-OPP-2010-0  Rachel Eberius,
                                 751.               [email protected],<PHONE_NUMBER>.
------------------------------------------------------------------------

    The registration review docket for a pesticide includes earlier
documents related to the registration review case. For example, the
review opened with a Preliminary Work Plan, for public comment. A Final
Work Plan was placed in the docket following public comment on the
Preliminary Work Plan.
    The documents in the dockets describe EPA's rationales for
conducting additional risk assessments for the registration review of
methomyl, as well as the Agency's subsequent risk findings and
consideration of possible risk mitigation measures. The proposed
revisions to the proposed interim registration review decision are
supported by the rationales included in those documents. Following
public comment, the Agency will issue an interim or final registration
review decision for methomyl.
    The registration review final rule at 40 CFR 155.58(a) provides for
a minimum 60-day public comment period on all proposed interim
registration review decisions. This comment period is intended to
provide an opportunity for public input and a mechanism for initiating
any necessary amendments to the proposed revisions to the proposed
interim decision. All comments should be submitted using the methods in
ADDRESSES and must be received by EPA on or before the closing date.
These comments will become part of the methomyl registration review
docket. Comments received after the close of the comment period will be
marked ``late.'' EPA is not required to consider these late comments.
    The Agency will carefully consider all comments received by the
closing date and may provide a ``Response to Comments Memorandum'' in
the docket. The interim registration review decision will explain the
effect that any comments had on the interim decision and provide the
Agency's response to significant comments.
    Background on the registration review program is provided at:
https://www.epa.gov/pesticide-reevaluation.
    Authority: 7 U.S.C. 136 et seq.

    Dated: September 29, 2022.
Mary Elissa Reaves,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2022-21619 Filed 10-4-22; 8:45 am]
BILLING CODE 6560-50-P


MEMORANDUM

TO:		DOCKET #: EPA - HQ - OAR - 2014 - 0198

FROM:	Rebecca von dem Hagen, EPA/Stratospheric Protection Division

Re: 	Meetings with Automobile Manufacturers Regarding Motor Vehicle Air Conditioning Refrigerant Transition

Date: 	July 9, 2014

This memo documents several meetings in early 2014 between EPA's Office of Air and Radiation (Office of Transportation and Air Quality (OTAQ) and Office of Atmospheric Programs (OAP)), and representatives of several automobile manufacturers to discuss manufacturer plans for transitioning from the current air conditioning refrigerant to climate-friendly alternative refrigerants. Specific information shared by automobile manufacturers was claimed as confidential.

List of Meetings:

Automobile Manufacturer Date Automobile Manufacturer Attendees Agency Attendees Ford 1/28/14 Cynthia Williams, Alyssa Werthman, Angelo Patti, Nancy Homeister Cindy Newberg, Ed Nam Chrysler 1/29/14 Frank Krich, Gary Oshnock, Mike Rinaldi Cindy Newberg, Ed Nam Ford 2/3/14 Cynthia Williams, Alyssa Werthman, Angelo Patti, Nancy Homeister, Steven Lambert, Tim Wallington Cindy Newberg, Drusilla Hufford, Rebecca von dem Hagen, Margaret Sheppard, Dave Godwin, Ed Nam Daimler 2/3/14 Bill Craven, Jurgen Wertenbach Drusilla Hufford, Rebecca von dem Hagen Honda 2/6/14 Jim Kliesch Cindy Newberg, Ed Nam Hyundai 3/28/14 Debbie Bakker, Seungwon Shin, Amy Lilly, Ryan Fortier Cindy Newberg, Drusilla Hufford, Ed Nam, Tad Wysor Nissan 3/28/14 Yasumi Nakamura-Newbraugh Cindy Newberg, Ed Nam, Tad Wysor Volkswagen 3/28/14 Stuart Johnson, Nick Tamborra Cindy Newberg, Drusilla Hufford, Ed Nam, Tad Wysor Ford 4/22/14 Cynthia Williams, Angelo Patti, Nancy Homeister Cindy Newberg, Rebecca von dem Hagen, Ed Nam, Tad Wysor Toyota 4/28/14 Matt Kevnick, Rick Gezelle Cindy Newberg, Tad Wysor, Ed Nam Ford 5/15/14 Cynthia Williams, Angelo Patti, Nancy Homeister, Alyssa Werthman Cindy Newberg, Rebecca von dem Hagen, Ed Nam, Tad Wysor


[Federal Register: January 20, 2010 (Volume 75, Number 12)]
[Notices]
[Page 3217-3218]
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13123-002]

Eagle Crest Energy Company; Notice of Application Ready for
Environmental Analysis and Soliciting Comments, Recommendations, Terms
and Conditions, and Prescriptions

January 11, 2010.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Major License.
    b. Project No.: 13123-002.
    c. Date filed: June 23, 2009.
    d. Applicant: Eagle Crest Energy Company.
    e. Name of Project: Eagle Mountain Pumped Storage Project.
    f. Location: The Project would be located in two depleted mining
pits in the Eagle Mountain Mine in Riverside County, California, near
the Town of Desert Center, California, and would occupy federal lands
administered by the U.S. Bureau of Land Management and private lands
owned by Kaiser Eagle Mountain, LLC.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Stephen Lowe, One El Paseo West Building, 74-
199 El Paseo Drive, Suite 204, Palm Desert, CA 92260,<PHONE_NUMBER>.
    i. FERC Contact: Kim A. Nguyen, 888 First Street, NE., Room 61-01,
Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>    j. Deadline for filing comments, recommendations, terms and
conditions, and prescriptions is 60 days from the issuance of this
notice; reply comments are due 105 days from the issuance date of this
notice.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov/docs-filing/ferconline.asp) under the
``eFiling'' link. For a simpler method of submitting text only
comments, click on ``Quick Comment.'' For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>call toll-free at
(866) 208-3676; or, for TTY, contact<PHONE_NUMBER>. Although the
Commission strongly encourages electronic filing, documents may also be
paper-filed. To paper-file, mail an original and eight copies to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application has been accepted and is now ready for
environmental analysis.
    l. The project would consist of: (1) A 191-acre upper reservoir
impounded by two diversion dams with a total storage capacity of 20,000
acre-feet; (2) a 163-acre lower reservoir with a total storage

capacity of 21,900 acre-feet; (3) an upper reservoir spillway channel
about 4,000 feet long; (4) a 14,000-foot-long section of Eagle Creek;
(5) an upper reservoir intake structure; (6) 29-foot-diameter by 4,000-
foot-long low pressure upper tunnel; (7) a surge tank with a 33-foot-
diameter by 1,348-foot-long tunnel shaft; (8) a 29-foot-diameter by
1,560-foot-long high pressure lower tunnel; (9) a 33-foot-diameter by
6,835-foot-long tailrace tunnel; (10) a 72-foot-wide, 130-foot-high,
and 360-foot-long underground powerhouse; (11) four reversible pump-
turbine units at 325 megawatts each, for a total installed capacity of
1,300 megawatts; (12) a 28-foot-wide, 28-foot-high, by 6,625-foot-long
access tunnel to the underground powerhouse; (13) a lower reservoir
inlet structure; (14) a site near the switchyard for the reverse
osmosis system; (15) a desalination area; (16) a buried water supply
pipeline ranging from 12- to 24-inch-diameter totaling 15.3 miles; (17)
a 13.5-mile-long, 500-kilovolt transmission line connecting to a new
Interconnection Collector Substation; (18) many miles of permanent
construction and access roads; (19) staging, storage, and
administration areas near the switchyard; and (20) appurtenant
facilities. The average annual generation is estimated to be 22.2
gigawatt-hours.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    All filings must (1) bear in all capital letters the title
``COMMENTS'', ``REPLY COMMENTS'', ``RECOMMENDATIONS,'' ``TERMS AND
CONDITIONS,'' or ``PRESCRIPTIONS;'' (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person submitting the filing; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, recommendations, terms and conditions or prescriptions must
set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). Agencies may obtain copies of the
application directly from the applicant. Each filing must be
accompanied by proof of service on all persons listed on the service
list prepared by the Commission in this proceeding, in accordance with
18 CFR 4.34(b), and 385.2010.
    You may also register online at http://www.ferc.gov/docs-filing/
esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    n. Public notice of the filing of the initial development
application, which has already been given, established the due date for
filing competing applications or notices of intent. Under the
Commission's regulations, any competing development application must be
filed in response to and in compliance with public notice of the
initial development application. No competing applications or notices
of intent may be filed in response to this notice.
    o. A license applicant must file no later than 60 days following
the date of issuance of this notice: (1) A copy of the water quality
certification; (2) a copy of the request for certification, including
proof of the date on which the certifying agency received the request;
or (3) evidence of waiver of water quality certification.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-913 Filed 1-19-10; 8:45 am]
BILLING CODE 6717-01-P


1 INFORMATION COLLECTION REQUEST ( ICR)

OMB 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY STRATOSPHERIC OZONE PROTECTION A. JUSTIFICATION 1. Identification of the Information Collection a) Title: Protection of Stratospheric Ozone: Recordkeeping and Periodic Reporting of the Production, Import, Recycling, Transshipment and Feedstock Use of Ozone Depleting Substances ( Critical Use Exemption).

OMB Number: 2060 0564 EPA Number: 2179.04 b) Short Characterization:

With this Information Collection Request ( ICR), the Office of Air and Radiation ( OAR) is seeking permission to require the submission of data from regulated entities to the Environmental Protection Agency ( EPA). Specifically, this ICR pertains to a petition process that OAR wishes to implement given the uncertainty in projecting the amount of pre phaseout inventories that may be available for critical uses during 2006. This information collected relates U. S. obligations under the Article 2H of the Montreal Protocol on Substances that Deplete the Ozone Layer ( Protocol) and to implement section 604 ( d)( 6) of the CAA, added by Section 764 of the 1999 Omnibus Consolidated and Emergency Supplemental Appropriations Act ( Public Law No. 105 277; October 21, 1998). Since 2002, entities have applied to EPA for a critical use exemption that would allow for the continued production and import of methyl bromide after the phaseout in January 2005. These exemptions are for consumption only in those agricultural sectors that have demonstrated that there are no technically or economically feasible alternatives to methyl bromide. The applications are rigorously assessed and analyzed by EPA staff, including experts from the Office of Prevention, Pesticides, and Toxic Substances. On an annual basis, EPA uses the data submitted by end users to create a nomination of critical uses which is submitted to the Protocol's Ozone Secretariat for review by an international panel of experts and advisory bodies. These advisory bodies include the Methyl Bromide Technical Options Committee ( MBTOC) and the Technical and Economic Assessment Panel ( TEAP). Once these advisory bodies issue a report recommending that specific quantities of methyl bromide become available for critical uses, the Parties to the Protocol authorize the specific quantities in the form of consensus decisions taken at their annual meetings. Subsequently, the U. S. EPA must promulgate a notice and comment rulemaking to make these quantities of methyl bromide 2 available to approved critical users. The proposed petition process would provide an important safety mechanism for approved critical users.

2. Need For, and Use Of, the Collection a) Authority for the Collection This information collection is authorized under Section 114 of the CAA, as relevant to Section 604 ( d)( 6), added by Section 764 of the 1999 Omnibus Consolidated and Emergency Supplemental Appropriations Act ( Public Law No. 105 277; October 21, 1998).

b) Practical Utility/ Users of the Data The data provided by critical users of methyl bromide will provide EPA with necessary data to evaluate each petition appropriately.

3. Nonduplication, Consultation, and Other Collection Criteria a) Nonduplication All the information requested from respondents under this ICR is authorized by statute ( CAA Section 114 and 604 ( d)( 6) and is not available from other sources because it is proprietary or sensitive information.

b) Consultations EPA has held consultations in regard to the procedure and requirements of critical use exemptions in the forms of stakeholder meetings, which were first held during February and March 2001. Users and producers of methyl bromide offered their feedback on how best to create and implement the application process while receiving clarification from EPA to their questions and concerns. EPA has held numerous stakeholder meetings since 2001, remains open to receiving comments from stakeholders, and continues to meet with stakeholder groups as requested to discuss the methyl bromide critical use exemption process. During 2003, EPA held stakeholder meetings in Washington, DC, California, Michigan, North Carolina, and Florida to discuss options for implementing the allocation of critical use methyl bromide. Transcripts from two of the six sessions are available at http:// www. epa. gov/ ozone/ mbr. The final allocation framework rule was published on December 23, 2004 ( 69 FR 76982).

c) Effects of Less Frequent Collection EPA will only require that these data elements be submitted in their entirety if approved critical users of methyl bromide do not have critical use methyl bromide available to them. 3 d) General Guidelines This rule does not exceed any of the OMB guidelines.

e) Confidentiality EPA informs respondents that they may assert claims of business confidentiality for any of the information they submit. Information claimed confidential will be treated in accordance with the procedures for handling information claimed as confidential under 40 CFR part 2, subpart b, and will be disclosed only if EPA determines that the information is not entitled to confidential treatment. If no claim of confidentiality is asserted when the information is received by EPA, it may be made available to the public without further notice to the respondents ( 40 CFR 2.203).

f) Sensitive Questions This section is not applicable because this ICR does not involve matters of a sensitive nature ( i. e., matters concerning sexual behavior or attitudes, religious beliefs, etc.)

4. The Respondents and the Information Requested a) Respondents/ SIC Codes Respondents may include growers who use methyl bromide, applicators of methyl bromide, fumigators who use methyl bromide, companies associated with the storage of commodities that are fumigated with methyl bromide, and organizations/ consortiums/ associations of methyl bromide users. Respondents also include distributors, applicators, producers, and importers of methyl bromide. The appropriate North American Industry Classification System ( NAICS) for entities that may be involved in the application process are: 4 TABLE I: NAICS CLASSIFICATION OF REGULATED ENTITIES Category NAICS code SIC code Agricultural production Milling Uses Warehousing and Storage Uses Distributors and Applicators, Producers and Importers 1112 Vegetable and Melon farming 1113 Fruit and Nut Tree Farming 1114 Greenhouse, Nursery, and Floriculture Production 11142 Nursery and Floriculture Production 111421 Nursery and Tree Production 111422 Floriculture Production 1119 Other Crop Farming 115112 Soil Preparation, Planting, and Cultivating 115114 Postharvest Crop activities ( except Cotton Ginning) 311211 Flour Milling 311212 Rice Milling 493110 General Warehousing and Storage 493130 Farm Product Warehousing and Storage 424910 Farm Supplies Merchant Wholesalers 325310 Pesticide and Other Agricultural Chemical Manufacturing 115112 Soil Preparation, 0171 Berry Crops 0172 Grapes 0173 Tree Nuts 0175 Deciduous Tree Fruits ( except apple orchards and farms) 0179 Fruit and Tree Nuts, NEC 0181 Ornamental Floriculture and Nursery Products 0831 Forest Nurseries and Gathering of Forest Products 0711 Soil Preparation Services 0721 Crop Planting, Cultivating, and Protecting 0723 Crop Preparation Service for Market, Except Cotton Ginning 0831 Forest Nurseries and Gathering of Forest Products 2041 Flour and Other Grain Mill Products 2044 Rice Milling 4221 Farm Product Warehousing and Storage 4225 General Warehousing and Storage 2879 Pesticides and Agricultural Chemicals, NEC 0721 Crop Planting, Cultivation, and Protection 5 Consortiums, Associations Planting and Cultivating 424910 Farm Supplies, Merchant Wholesalers 54170 Research and Development in the Physical, Engineering, and Life Sciences 8134 Civic and Social Organizations 8139 Business, Professional, Labor, Political, and Similar Organizations 8731, 8733 R& D in the physical, engineering, and life sciences 8641 Civic, Social, and Fraternal Organizations ( except condominium and homeowner associations) 8611 Business Associations 8699 Membership Organizations, NEC ( farm business organizations) 8621 Professional Membership Organizations b) Information Requested i) Data Items The Agency is currently considering options associated with this information collection, including the data elements required for EPA to approve or deny a petition. The petitioner would be requesting new production and EPA would consider whether to convert CSAs to Critical Use Allowances ( CUAs), up to the 30% limit agreed to by the Parties to the Protocol in Decision XVI/ 2 and Ex II/ 1. The following information will be required from approved critical users who have unsuccessfully attempted to obtain methyl bromide from at least two holders of CSAs:

EPA will notify petitioners of deficiencies and give them an opportunity to provide information needed to fully complete the petition. However, if petitioners do not respond to EPA's requests for additional information within 15 days of the request and the petition remains incomplete, the petition will not be considered. Petitioners should also be aware that EPA will consider other available information such as the availability and technical and economic feasibility of stockpiles and the industry wide progress on implementing alternatives when deciding whether to allow the conversion of the requested quantity of CSAs to CUAs. Evidence that stockpiled methyl bromide is simply unavailable could consist of letters from local or regional suppliers indicating that stockpiled methyl bromide is unavailable. 6   Name of contact person, phone and fax number( s), email address. Unless otherwise specified, the person who submits the application will be considered the contact person for all matters relating to the petition.

  Name of the organization/ consortium that submitted an application for a critical use exemption and of which the petitioner is a member. Since EPA implemented the critical use exemption process in 2002, a significant majority of applications have been submitted by agricultural consortia, most of which represent large numbers of end users.

  Description of use, location and limiting critical condition qualifying for critical use methyl bromide. The petitions shall provide information on use ( crop/ pest combination), the amount of methyl bromide used, the location of use, and the limiting critical condition which qualifies the petitioner as an approved critical users in Appendix L to part 82, subpart A.

  Quantity ( in kilograms) of methyl bromide needed for the relevant control period and the amount acquired to date. The petitioner is required to submit the quantity of methyl bromide being requested, as well as the amount previously consumed during the corresponding exemption period. This information will help EPA to determine the validity of the petition request.

  Documentation or phone logs of unsuccessful attempts to place orders for quantities of critical use methyl bromide with at least two entities listed in 82.8 as being recipients of CSAs. This information permits the petitioner to demonstrate to EPA that s/ he has tried to obtain methyl bromide previously and is not circumventing the exemption framework.

  The name, address, and contact information for the distributor and producer/ importer who will be part of the adjustment conversion process [ from CSAs to CUAs] . EPA needs to be able to contact these entities to verify the petitioner's request.

  A letter from the distributor confirming that they hold CSAs for which they hold no pre phaseout inventories of methyl bromide. This letter would confirm that they do hold sufficient critical use methyl bromide from CUAs, agreeing to the transfer, with EPA approval, of a specified quantity of their CSAs to an identified producer/ importer for conversion to CUAs, on the condition that the producer/ importer offer the distributor an opportunity to purchase a quantity of critical use methyl bromide equivalent to that produced or imported through the expenditure of the resulting CUAs; and confirming that the distributor will offer the petitioner, in turn, an opportunity to purchase the same quantity of critical use methyl bromide for critical uses.

  A letter from the identified producer/ importer agreeing to the receipt of CSAs transferred by the distributor. The letter would confirm that they will offer the 7 distributor an opportunity to purchase a quantity of critical use methyl bromide equivalent to that produced or imported with the CUAs resulting from the transaction. The companies involved in a petition should indicate what information they are claiming as Confidential Business Information. Information claimed as confidential will be treated in accordance with EPA's regulations on confidential business information at 40 CFR part 2 subpart B.

5. The Information Collected   Agency Activities, Collection Methodology, and Information Management a) Agency Activities   All petitions will be submitted to and reviewed by EPA.   EPA will contact petitioners if there is a deficiency, and the petitioner will have 15 days to respond.   EPA will have 30 days to review the petition.   EPA will issue a letter to the petitioner, copying the distributor and producer/ importer, stating whether the Agency is granting or denying the petition. Denial letters will state the reason for denial. Within 10 working days after receipt of the denial letter, the petitioner may file a one time appeal, with supporting reasons. EPA may affirm the denial or grant the petitions based on the information provided by the petitioner.   EPA will ensure compliance with the 30% limit agreed to by the Parties to the Protocol in Decisions XVI/ 2 and Ex. II/ 1, and will report annually to the Ozone Secretariat, through the U. S. Department of State, on U. S. compliance with allowable production and consumption levels.   EPA will adjust future amounts of exempted methyl bromide requested based on actual use data and available levels of material in inventory.   The data will be stored.

b) Collection Methodology and Management EPA will use its electronic tracking system to update entity specific information and overall U. S. compliance with production, consumption, and use. Confidential business information will be stored in appropriately controlled areas.

c) Small Entity Flexibility The information collection is authorized by statute under section 604 of the Clean Air Act and is required in order to ensure U. S. compliance with international treaty obligations under the Montreal Protocol. Bearing in mind, U. S. obligations, EPA designed a system that would remove almost all burden from the end users of methyl bromide, some of whom are small entities, and placed it instead on chemical manufacturers, distributors and applicators, who are not small entities. 8 d) Collection Schedule The petitions will be submitted to EPA no later than October 1 of the relevant control period.

6. Estimating the Burden and Cost of Collection a) Estimating Respondent Burden EPA drew upon experience implementing similar regulations among the same entities in order to derive estimates of the burden associated with the petition requirements.

b) Estimating Respondent Cost To determine the respondent cost, EPA used an hourly industry wage rate of $ 80.00 per hour. This wage rate was rounded up from $ 79.09, which is the Bureau of Labor Statistics' calculated hourly wage rate for chief executives within the field of chemical manufacturing, last updated as of May, 2004. ( http:// www. bls. gov/ oes/ current/ naics3_ 325000. htm) Not all respondents will be chief executives, but several will be, and all are in the chemical manufacturing/ distributing field. Some activities, such as rule familiarization, are one time activities.

TABLE II: RESPONDENT BURDEN HOURS Collection Activity No. of respondents* Total no. of responses** Hours per response Total hours Familiarization with Petition Process by end users 2,050 20 1 20 Submission of Data to EPA ( Petitioner) 20 20 3 60 Submission of Letter to EPA Documenting Lack of Inventory ( Distributor) 30 3 .25 .75 Submission of Letter to EPA Accepting Conversion of CSAs to CUAs ( Producer/ Importer) 4 2 .25 .5 Report to EPA Documenting Expended Allowances ( Producer/ Importer) 4 2 .25 .5 Total Burden Hours 4.75 81.75 * Not all respondents will be submitting petitions, and of those who submit petitions, only a percentage within a field ( producers, distributors, etc.) will be responding. ** Only a small percentage of the respondents will participate in certain portions of the petition process. 9 TABLE III: CAPITAL AND OPERATING COSTS Activity No of Entities Affected Estimated Annual Cost per entity Total Estimated Annual Cost TOTAL CAPITAL AND OPERATING COSTS 0 0 0 c) Estimating Agency Burden and Cost The basis of this analysis is the identification of the steps involved in distributing CUAs and CSAs, reviewing reported data, and developing guidance for regulated entities. The hourly wage rates for EPA clerical, technical and managerial staff were derived from the 2003 OPM annual base pay table divided by 2,080 to estimate the hourly wage and then multiplied by 1.6, the standard government benefits multiplier. The hourly wage rates are as follows: EPA estimates an average hourly labor cost of $ 65.49 ( GS 14 level) for managerial costs, $ 47.12 ( GS 12 level) for technical staff, and $ 18.03 ( GS 5 level) for clerical staff based on 2003 figures. While the number of occurrences of each activity is shown per application, EPA intends to continue grouping applications according to agricultural sectors. Each hour of extramural ( contractor) time is valued at $ 80.00 per hour including overhead and fringe. However, initially the petition review process will only take place within SPD.

TABLE IV AGENCY BURDEN HOURS Hours per Response No. of Responses Managerial Technical Clerical Extramural Agency Hours/ Year Process incoming petitions 20 0 0 1 0 20 Review petitions for required data elements; contact petitioner if deficient 20 0 5 0 0 100 Decide whether to grant or approve petition 20 1 1 0 0 40 Send approval/ denial letter to petitioner 20 0 0 1 0 20 Review appeal ( if necessary) 20 1 2 0 0 60 TOTAL 20 2 8 2 0 240 d) Estimating the Respondent Universe 10 EPA was able to estimate the number of regulated entities drawing upon experience regulating the same entities, except for end users of methyl bromide, as we do under the phaseout program. EPA believes that there are 4 producers and importers of methyl bromide who report quarterly and up to 50 distributors/ applicators of methyl bromide who report annually. EPA was able estimate the number of potential end users based on self reported data from those entities who requested an exemption; there are approximately 2,000 end users. Thus the total number of respondents is estimated to be 2,054 ( 2,000 plus 50 plus 4).

e) Bottom Line Burden Hours and Cost Tables The burden hour portion of the respondent reporting burden and operating/ capital costs are estimated in Tables II and III respectively. The dollar estimate associated with this burden is displayed in Table V below.

Table V Respondent Burden Hours and Costs Number of Responses Hours/ Response Cost/ Hour Total Annual Burden Hours Total Cost 20 81.75 $ 80 1,635 $ 98,000 Agency burden is reported in Table IV. The dollar value associated with this burden is displayed below in Table VI.

Table VI Agency Burden Hours and Costs Managerial Hours Annual Total @ $ 65.49 Technical Hours Annual Total @ $ 47.12 Clerical Hours Annual Total @ $ 18.03 Extramural Hours Annual Total @ $ 80.00 Total Agency Hours/ Year Total Agency Costs/ Year Hours/ Response 2 8 2 0 240 $ 544.00 1. ANNUAL COSTS: ( a) Managerial: 2 x $ 65.49 = $ 130.98 ( b) Technical: 8 x $ 47.12 = $ 376.96 ( c) Clerical 2 x $ 18.03 = $ 36.06 ( d) Extramural: 0 TOTAL: $ 544.00 f) Reasons for Change in Burden Amending regulations to exemption program. 11 g) Burden Statement Table II presents the average annual respondent burden. EPA estimates that approximately 1% of the 2,054 respondents will utilize this petition process. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose, or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a relevant OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9. To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. OAR 2005 0122, which is available for public viewing at the Air and Radiation Docket and Information Center in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Avenue, NW, Washington, DC. The EPA Docket Center 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 Reading Room is ( 202) 566 1744, and the telephone number for the Air and Radiation Docket and Information Center is ( 202) 566 1742. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " search," then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. OAR 2005 0122 and OMB control number 2060 0564 in any correspondence.

Part B of the Supporting Statement This part is not applicable.


[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Rules and Regulations]
[Pages 10372-10373]
[FR Doc No: 2012-4020]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0086]

Drawbridge Operation Regulations; The Gut, South Bristol, ME

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, First Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Gut Bridge, mile 0.2, across The Gut at South Bristol, Maine. The
deviation is necessary to facilitate subsurface test boring at the
bridge. This deviation will allow the bridge to remain in the closed
position for two days.

DATES: This deviation is effective from 7 a.m. on February 29, 2012
through 7 p.m. on March 1, 2012.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2012-0086 and are available online
at www.regulations.gov, inserting USCG-2012-0086 in the ``Keyword'' and
then clicking ``Search''. They are also available for inspection or
copying at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. John W. McDonald, Project Officer, First Coast Guard
District, telephone<PHONE_NUMBER>. If you have questions on viewing
the docket, call Renee V. Wright, Program Manager,

Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Gut Bridge, across The Gut, mile 0.2,
has a vertical clearance in the closed position of 3 feet at mean high
water and 12 feet at mean low water. The existing drawbridge operation
regulations are listed at 33 CFR 117.5.
    The waterway supports recreational vessels of various sizes. There
is an alternate route for vessels to use; however, vessels that can
pass under the bridge in the closed position may do so at all times.
    The owner of the bridge, Maine Department of Transportation,
requested a temporary deviation to facilitate subsurface test borings
at the bridge.
    Under this temporary deviation the Gut Bridge may remain in the
closed position from 7 a.m. through 7 p.m. on February 29, 2012 and
also on March 1, 2012.
    In accordance with 33 CFR 117.35(e), the bridge must return to its
regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: February 10, 2012.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
[FR Doc. 2012-4020 Filed 2-21-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 202 (Friday, October 22, 2021)]
[Rules and Regulations]
[Pages 58592-58593]
[FR Doc No: 2021-22884]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0272; FRL-8897-02-Region 9]

Air Plan Approval; California; South Coast Air Quality Management
District; Stationary Source Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the South Coast Air Quality Management
District (SCAQMD or ``the District'') portion of the California State
Implementation Plan (SIP). We are finalizing approval of a revision
governing issuance of permits for stationary sources, including review
and permitting of major sources and major modifications under part D of
title I of the Clean Air Act (CAA or ``the Act''). Specifically, the
revision pertains to SCAQMD Rule 1325 ``Federal PM2.5 New
Source Review Program.''

DATES: This rule is effective on November 22, 2021.

ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R09-OAR-2019-0272. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Certain other material,
such as copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Laura Yannayon, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On September 20, 2019,\1\ the EPA proposed to approve the following
rule into the California SIP. Table 1 lists the rule addressed by this
final action with the dates that it was adopted by the local air agency
and submitted to the EPA by the California Air Resources Board (CARB or
``the State'').
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    \1\ 84 FR 49492.

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
                 Rule No.                               Rule Title                  Amended         Submitted
----------------------------------------------------------------------------------------------------------------
1325......................................  Federal PM2.5 New Source Review           1/4/2019          4/24/19
                                             Program.
----------------------------------------------------------------------------------------------------------------

    The SIP previously contained a version of Rule 1325 ``Federal
PM2.5 New Source Review Program,'' approved into the SIP on
November 30, 2018.\2\ The EPA's final approval of the rule identified
above in Table 1 has the effect of entirely superseding our prior
approval of the same rule in the current SIP-approved program.
---------------------------------------------------------------------------

    \2\ 83 FR 61551.
---------------------------------------------------------------------------

    Our proposed action contains more information on the rule and our
evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period.
During this period, we received one non-germane comment and one adverse
comment. The full text of both comments is available in the docket for
this rulemaking. Below, we summarize the adverse comment and our
response.
    Comment: The commenter stated that the definition of Volatile
Organic Compounds (VOC) as referenced in Rule 1325 does not comport
with the definition in 40 CFR 51.100. The definition of VOC in Rule
1325 points to the term as it is defined in SIP-approved SCAQMD Rule
102, which defines VOC as ``any volatile organic compound of carbon,
excluding methane, carbon monoxide, carbon dioxide, carbonic acid,
metallic carbides or carbonates, ammonium carbonate, and exempt
compounds.'' The list of ``exempt compounds'' in Rule 102 has not been
updated since 2004 and thus is out of compliance with the federal
definition.
    Response: Since the publication of our proposed action to approve
Rule 1325, the SCAQMD amended Rule 102 on January 10, 2020 and the
California Air Resources Board submitted the amended version of SCAQMD
Rule 102 to the EPA for incorporation into the SIP on September 16,
2020. On July 9, 2021,\3\ the EPA took final action to approve amended
SCAQMD Rule 102 into the SIP based, in part, on our determination that
the amended definition is consistent with the federal definition in 40
CFR 51.100. The EPA's approval of SCAQMD Rule 102 corrected the
deficiency identified by the commenter. Accordingly, the EPA is
finalizing our action on SCAQMD Rule 1325 as proposed.
---------------------------------------------------------------------------

    \3\ 86 FR 36227.
---------------------------------------------------------------------------

III. EPA Action

    As explained above, the SCAQMD and the EPA have taken all steps
necessary to address the deficiency identified by the commenter. We
find that SCAQMD Rule 1325 fulfills all relevant CAA requirements. As
authorized in section 110(k)(3) of the Act, the EPA is fully approving
Rule 1325 into the SCAQMD portion of the California SIP. The January 4,
2019 version of Rule 1325 will replace the previously approved version
of the rule in the SIP.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the rule
listed in Table 1 of this preamble. The EPA has made, and will continue
to make, these materials available

electronically through https://www.regulations.gov and in hard copy at
the EPA Region IX Office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 21, 2021. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
Oxides, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: October 14, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for Part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(509)(i)(A)(2) and
(c)(564) to read as follows:

Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (509) * * *
    (i) * * *
    (A) * * *
    (2) Previously approved on November 30, 2018 in paragraph
(c)(509)(A)(1) of this section and now deleted with replacement in
paragraph (c)(564)(i)(A)(1), Rule 1325.
* * * * *
    (564) New and amended regulations for the following APCDs were
submitted on April 24, 2019 by the Governor's designee.
    (i) Incorporation by Reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 1325, ``Federal PM2.5 New Source Review
Program'' amended on January 4, 2019.
    (2) [Reserved]
    (B) [Reserved]
    (ii) [Reserved]

Sec.  52.248  [Amended]

0
3. Section 52.248 is amended by removing and reserving paragraph (f).
* * * * *
[FR Doc. 2021-22884 Filed 10-21-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 130 (Monday, July 10, 2023)]
[Notices]
[Pages 43637-43639]
[FR Doc No: 2023-14443]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97833; File No. SR-NASDAQ-2023-017]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing of Proposed Rule Change To Modify the Package of
Complimentary Services Provided to Certain Eligible Switches and Make
Other Changes to IM-5900-7 and IM-5900-7A

July 3, 2023.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 21, 2023, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III, below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 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 modify the package of complimentary
services provided to certain Eligible Switches, to update the values of
complimentary services provided under Listing Rules IM-5900-7 and IM-
5900-7A, and to remove certain obsolete provisions.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules, 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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    Nasdaq offers complimentary services under Listing Rule IM-5900-7
to Eligible New Listings \3\ and Eligible Switches \4\ newly listing on
Nasdaq (collectively, ``Eligible Companies'').\5\ Nasdaq believes that
the complimentary service program offers valuable services to newly
listing companies, designed to help ease the transition of becoming a
public company or switching markets, and makes listing on Nasdaq more
attractive to these companies. The services offered include a
whistleblower hotline, investor relations website, disclosure services
for earnings or other press releases, webcasting, market analytic
tools, environmental, social and governance (``ESG'') services, and may
include market advisory tools such as stock surveillance (collectively
the ``Service Package'').\6\ Nasdaq is filing this proposed rule change
to modify the ESG services available to Eligible Switches with a market
capitalization of $5 billion or more. Nasdaq also is proposing to
update the values of the complimentary services provided under Rules
IM-5900-7 and IM-5900-7A and to remove obsolete provisions from IM-
5900-7A.
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    \3\ IM-5900-7 defines an Eligible New Listing as ``a Company
listing on the Global or Global Select Market in connection with:
(i) an initial public offering in the United States, including
American Depository Receipts (other than a Company listed under IM-
5101-2), (ii) upon emerging from bankruptcy, (iii) in connection
with a spin-off or carve-out from another Company, (iv) in
connection with a Direct Listing as defined in IM-5315-1 (including
the listing of American Depository Receipts), or (v) in conjunction
with a business combination that satisfies the conditions in IM-
5101-2(b).''
    \4\ IM-5900-7 defines an Eligible Switch as ``a Company: (i)
(other than a Company listed under IM-5101-2) switching its listing
from the New York Stock Exchange to the Global or Global Select
Markets, or (ii) that has switched its listing from the New York
Stock Exchange and listed on Nasdaq under IM-5101-2 after the
Company publicly announced that it entered into a binding agreement
for a business combination and that subsequently satisfies the
conditions in IM-5101-2(b) and lists on the Global or Global Select
Market in conjunction with that business combination.''
    \5\ IM-5900-7A describes the Service Package available to
companies that listed before March 12, 2021, the effective date of
SR-Nasdaq-2021-002. See Securities Exchange Act Release No. 91318
(March 12, 2021), 86 FR 14774 (March 18, 2021) (modifying the
package of complimentary services provided to eligible companies and
memorializing as IM-5900-7A the services offered to eligible
companies that listed before the effective date of the change).
    \6\ In addition, all companies listed on Nasdaq receive other
standard services from Nasdaq, including Nasdaq Online and the
Market Intelligence Desk.
---------------------------------------------------------------------------

    In 2021, Nasdaq first included ESG services in the Service Package
for all Eligible Companies.\7\ Specifically, all Eligible Companies
receive access to a Core ESG software solution,\8\ which simplifies the
gathering, tracking, approving, managing and disclosing of ESG data.\9\
Based on Nasdaq's experience since first including the ESG services,
Nasdaq has become aware that as companies mature and become larger,
they no longer rely on services like the Core ESG software solution,
but instead need more sophisticated programs with additional metrics.
Accordingly, the Core ESG software solution is not valuable to these
larger seasoned companies and Nasdaq proposes to instead offer Eligible
Switches with a market capitalization of $5 billion or more an advanced
software solution, which will enable the company to select additional
metrics to use in the solution (``Advanced ESG Software
Solution'').\10\ Specifically, the Advanced ESG Software Solution
allows the company to track approximately ten times as many standard
performance indicators and also allows the company to select and track
additional custom performance indicators. In addition, each of these
companies is at a different phase in implementing an ESG strategy and
therefore Nasdaq will also offer these companies $60,000 worth of
bespoke ESG consulting services per year designed to aid the company in
identifying and incorporating ESG metrics into communications, with
customized analysis and recommendations (``ESG Advisory Services'').
Each of these services would be available to Eligible Switches with a
market capitalization of $5 billion or more for the same four-year term

provided for other services under IM-5900-7. While Nasdaq believes that
these services will be valuable to these companies, and will provide
information important for communicating with their investors and other
stakeholders, no company is required to use these services as a
condition of listing. As is the case with other complimentary services,
at the end of the package term, companies may choose to renew these
services or discontinue them.
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    \7\ Securities Exchange Act Release No. 91318, supra.
    \8\ This service is currently called ``ESG Core'' in IM-5900-7.
Nasdaq is proposing to make a technical change to rename the service
to ``Core ESG Software Solution'' in the proposed rule filing. No
other changes are being proposed to the service.
    \9\ Eligible Companies that have a market capitalization of $750
million or more also receive access to an ESG Education & Sector
Benchmarking Service to help them understand the ESG landscape. No
change is proposed with respect to this service.
    \10\ This service has a retail value of approximately $52,500
per year. In addition, one-time development fees of up to $21,500 to
establish the services in the first year will be waived. The one-
time development fees reflect the high level of customization
available in this product. The total one-time development fees that
are waived for Eligible Companies that receive this service, as
reflected in proposed Rule IM-5900-7(d)(3)(A) is approximately
$26,500, which also includes approximately $5,000 to establish the
investor relations website.
---------------------------------------------------------------------------

    The proposed new services will be available to Eligible Switches
with a market capitalization of $5 billion or more that list after the
date of approval of the proposed rule change. Nasdaq proposes to add a
new paragraph to IM-5900-7(d)(3) to memorialize the services provided
to an Eligible Switch with a market capitalization of $5 billion or
more that listed before that date.
    Nasdaq also proposes to update the values of the services contained
in Listing Rules IM-5900-7 and IM-5900-7A to their current values.\11\
Depending on a company's market capitalization and whether it is an
Eligible New Listing or an Eligible Switch, the total revised value of
the services provided to Eligible Companies (including the waiver of
one-time fees) ranges from $364,800 to $1,533,000.\12\ Finally, Nasdaq
proposes to simplify Rule IM-5900-7A by cross-referencing the
description of services and their values that also appears in IM-5900-7
and by deleting the descriptions of offerings that are no longer
available to any companies.\13\
---------------------------------------------------------------------------

    \11\ These services are offered through Nasdaq Corporate
Solutions, LLC, an affiliate of Nasdaq, or a third-party provider
selected by Nasdaq.
    \12\ The exact values are set forth in proposed IM-5900-7 and
IM-5900-7A. In describing the total value of the services for
companies that can select more than one market advisory tool, Nasdaq
presumes that a company would use stock surveillance, which has an
approximate retail value of $56,500, and global targeting, which has
an approximate retail value of $48,000. Companies could, of course,
select different combinations of the three services offered, but
these other combinations would have lower total approximate retail
values.
    \13\ The services described in IM-5900-7A(c) and (d)(1) were
provided for a term of two years to companies that listed before
March 12, 2021. In addition, no company still receives the services
described in IM-5900-7A(g), which applies only to companies that
listed before April 23, 2018.
---------------------------------------------------------------------------

    Nasdaq notes that no other company will be required to pay higher
fees as a result of the proposed amendments and represents that
providing these services will have no impact on the resources available
for its regulatory programs.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\14\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\15\ in particular, in that it is designed 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. It is also consistent with this provision because it is not
designed to permit unfair discrimination between issuers. Nasdaq also
believes that the proposed rule change is consistent with the
provisions of Sections 6(b)(4) \16\ and 6(b)(8),\17\ in that the
proposal is designed, among other things, to provide for the equitable
allocation of reasonable dues, fees, and other charges among Exchange
members and issuers and other persons using its facilities and that the
rules of the Exchange do not impose any burden on competition not
necessary or appropriate in furtherance of the purposes of the Exchange
Act.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
    \16\ 15 U.S.C. 78f(4).
    \17\ 15 U.S.C. 78f(8).
---------------------------------------------------------------------------

    Nasdaq faces competition in the market for listing services,\18\
and competes, in part, by offering valuable services to companies.
Nasdaq believes that it is reasonable to offer complimentary services
to attract and retain listings as part of this competition. All
similarly situated companies are eligible for the same package of
services. The proposed Advanced ESG Software Solution and ESG Advisory
Services will help eligible companies communicate with their
shareholders and other stakeholders by helping collect, store and
disclose ESG data chosen by the company and guiding messaging and
reporting of that information. The services will also help assess the
company's current ESG program, identify ESG risk and opportunities, and
establish strategies for risk management and opportunity capture. While
the proposed services will be available only to Eligible Switches with
a market capitalization of $5 billion or more, Nasdaq does not believe
that it is unfairly discriminatory to offer different services based on
a company's market capitalization given that larger companies generally
will need more and different ESG services, and that those issuers will
likely bring greater future value to Nasdaq than will other issuers by
switching to its market.\19\ Moreover, those companies would more
likely forego ESG services offered by their current exchange when
switching their listing to Nasdaq, which smaller companies would
not.\20\
---------------------------------------------------------------------------

    \18\ The Justice Department has noted the intense competitive
environment for exchange listings. See ``NASDAQ OMX Group Inc. and
Intercontinental Exchange Inc. Abandon Their Proposed Acquisition Of
NYSE Euronext After Justice Department Threatens Lawsuit'' (May 16,
2011), available at http://www.justice.gov/atr/public/press_releases/2011/271214.htm.
    \19\ See Securities Exchange Act Release No. 65963 (December 15,
2011), 76 FR 79262 at 79265 (December 21, 2011).
    \20\ See Securities Exchange Act Release No. 94222 (February 10,
2022), 87 FR 8886 (February 16, 2022) (approving changes to NYSE
Listed Company Manual Section 907.00, including the offer of ESG
tools to currently listed companies with 270 million or more total
shares of common stock outstanding, but not to companies with fewer
shares outstanding).
---------------------------------------------------------------------------

    The Commission has previously indicated pursuant to Section 19(b)
of the Exchange Act \21\ that updating the values of the services
within the rule is necessary,\22\ and Nasdaq does not believe this
update has an effect on the allocation of fees nor does it permit
unfair discrimination, as issuers will continue to receive the same
services, except for the additional services described above. Further,
this change to update the values will enhance the transparency of
Nasdaq's rules and the value of the services it offers companies, thus
promoting just and equitable principles of trade. As such, this aspect
of the proposed rule change is consistent with the requirements of
Section 6(b)(4) and (5) of the Exchange Act.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78s(b).
    \22\ See Exchange Act Release No. 72669 (July 24, 2014), 79 FR
44234 (July 30, 2014) (SR-NASDAQ-2014-058) (footnote 39 and
accompanying text: ``We would expect Nasdaq, consistent with Section
19(b) of the Exchange Act, to periodically update the retail values
of services offered should they change. This will help to provide
transparency to listed companies on the value of the free services
they receive and the actual costs associated with listing on
Nasdaq.'').
---------------------------------------------------------------------------

    Finally, Nasdaq notes that the proposed change to include the
effective date of IM-5900-7A, the changes to cross reference duplicate
product descriptions and values, and the changes to eliminate obsolete
parts of the rules, are consistent with Section 6(b)(5) of the Exchange
Act because they will simplify and clarify the rule and remove
duplication without making any substantive change.
    Nasdaq represents, and this proposed rule change will help ensure,
that individual listed companies are not given specially negotiated
packages of products or services to list, or remain listed, which the
Commission has previously stated would raise unfair discrimination
issues under the Exchange Act.\23\
---------------------------------------------------------------------------

    \23\ See Exchange Act Release No. 79366, 81 FR 85663 at 85665
(citing Securities Exchange Act Release No. 65127 (August 12, 2011),
76 FR 51449, 51452 (August 18, 2011) (approving NYSE-2011-20)).

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

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 not necessary or appropriate in
furtherance of the purposes of the Act. As noted above, Nasdaq faces
competition in the market for listing services, and competes, in part,
by offering valuable services to companies. Nasdaq believes that it is
reasonable to offer complimentary services to attract and retain
listings as part of this competition. The proposed rule changes reflect
that competition, but do not impose any burden on the competition with
other exchanges. Other exchanges can also offer similar services to
companies, thereby increasing competition to the benefit of those
companies and their shareholders.
    Further, all similarly situated companies are eligible for the same
package of services. While the proposed services will be available only
to Eligible Switches with a market capitalization of $5 billion or
more, Nasdaq does not believe that it is unfairly discriminatory to
offer different services based on a company's market capitalization
given that larger companies generally will need more and different ESG
services, and that those issuers will likely bring greater future value
to Nasdaq by switching to its market than would other issuers.
    Accordingly, Nasdaq does not believe the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Exchange Act, as amended.

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

    No written comments were either solicited or received.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission shall: (a) by order approve
or disapprove such proposed rule change, or (b) institute proceedings
to determine whether the proposed rule change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-NASDAQ-2023-017 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-2023-017. 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 (https://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
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-NASDAQ-2023-017 and should
be submitted on or before July 31, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
---------------------------------------------------------------------------

    \24\ 17 CFR 200.30-3(a)(12).
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Vanessa A. Countryman,
Secretary.
[FR Doc. 2023-14443 Filed 7-7-23; 8:45 am]
BILLING CODE 8011-01-P