[Federal Register Volume 77, Number 103 (Tuesday, May 29, 2012)]
[Rules and Regulations]
[Pages 31493-31496]
[FR Doc No: 2012-12875]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0384]
RIN 1625-AA00

Safety Zones; Fourth of July Fireworks Displays Within the
Captain of the Port Charleston Zone, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing five temporary safety zones
during Fourth of July Fireworks Displays on certain navigable waterways
in Hilton Head Island, Mount Pleasant, Murrells Inlet, North
Charleston, and North Myrtle Beach, South Carolina. These safety zones
are necessary to protect the public from the hazards associated with
launching fireworks over navigable waters of the United States. Persons
and vessels are prohibited from entering, transiting through, anchoring
in, or remaining within any of the safety zones unless authorized by
the Captain of the Port Charleston or a designated representative.

DATES: This rule is effective from 8:30 p.m. until 10:30 p.m. on July
4, 2012.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0384 and are available online
by going to http://www.regulations.gov, inserting USCG-2012-0384 in the
``Keyword'' box, 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
temporary final rule, call or email Ensign John R. Santorum, Sector
Charleston Office of Waterways Management, Coast Guard; telephone (843)
740-3184, email

<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard did not receive
necessary information regarding the fireworks displays until April 30,
2012. As a result, the Coast Guard did not have sufficient time to
publish an NPRM and to receive public comments prior to the fireworks
displays. Any delay in the effective date of this rule would be
contrary to the public interest because immediate action is needed to
minimize potential danger to the public during the fireworks displays.

Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to protect the public from the hazards
associated with launching fireworks over navigable waters of the United
States.

Discussion of Rule

    Multiple fireworks displays are planned for Fourth of July
celebrations throughout the Captain of the Port Charleston Zone. The
fireworks will be launched from land, piers, or barges. The fireworks
will explode over navigable waters of the United States.
    The Coast Guard is establishing five temporary safety zones for
Fourth of July Fireworks Displays on navigable waters of the United
States within the Captain of the Port Charleston Zone. The five safety
zones, with the specific enforcement period for each safety zone, are
listed below.
    1. Hilton Head Island, South Carolina. All waters within a 500 yard
radius around the barge from which the fireworks will be launched,
located on the Atlantic Intracoastal Waterway. This safety zone will be
enforced from 8:30 p.m. until 10:30 p.m. on July 4, 2012.
    2. Mount Pleasant, South Carolina. All waters within a 500 yard
radius around the barge from which the fireworks will be launched,
located on the Cooper River. This safety zone will be enforced from
8:30 p.m. until 9:50 p.m. on July 4, 2012.
    3. Murrells Inlet, South Carolina. All waters within a 1,000 yard
radius around Veterans Pier, from which the fireworks will be launched,
located on the Atlantic Intracoastal Waterway. This safety zone will be
enforced from 8:30 p.m. until 10:30 p.m. on July 4, 2012.
    4. North Charleston, South Carolina. All waters within a 500 yard
radius around the barge from which the fireworks will be launched,
located on the Cooper River. This safety zone will be enforced from
8:30 p.m. until 10 p.m. on July 4, 2012.
    5. North Myrtle Beach, South Carolina. All waters within a 500 yard
radius around Cherry Grove Pier, from which the fireworks will be
launched, located on the Atlantic Ocean. This safety zone will be
enforced from 9 p.m. until 10:30 p.m. on July 4, 2012.
    Persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within any of the safety zones
unless authorized by the Captain of the Port Charleston or a designated
representative. Persons and vessels desiring to enter, transit through,
anchor in, or remain within any of the safety zones may contact the
Captain of the Port Charleston via telephone at<PHONE_NUMBER>, or a
designated representative via VHF radio on channel 16, to request
authorization. If authorization to enter, transit through, anchor in,
or remain within any of the safety zones is granted by the Captain of
the Port Charleston or a designated representative, all persons and
vessels receiving such authorization must comply with the instructions
of the Captain of the Port Charleston or a designated representative.
The Coast Guard will provide notice of the safety zones by Broadcast
Notice to Mariners, Marine Safety Information Bulletins, and on-scene
designated representatives.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    Executive Orders 13563, Improving Regulation and Regulatory Review,
and 12866, Regulatory Planning and Review, direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a significant regulatory
action under section 3(f) of Executive Order 12866. Accordingly, the
Office of Management and Budget has not reviewed this regulation under
Executive Order 12866.
    The economic impact of this rule is not significant for the
following reasons: (1) Each safety zone will be enforced for a maximum
of 2 hours; (2) vessel traffic in the areas is expected to be minimal
during the enforcement periods; (3) although persons and vessels will
not be able to enter, transit through, anchor in, or remain within any
of the safety zones without authorization from the Captain of the Port
Charleston or a designated representative, they may operate in the
surrounding areas during the enforcement periods; (4) persons and
vessels may still enter, transit through, anchor in, or remain within
the safety zones if authorized by the Captain of the Port Charleston or
a designated representative; and (5) the Coast Guard will provide
advance notification of the safety zones to the local maritime
community by Broadcast Notice to Mariners and Marine Safety Information
Bulletins.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following

entities, some of which may be small entities: the owners or operators
of vessels intending to enter, transit through, anchor in, or remain
within any of the safety zones described in this rule during the
respective enforcement periods. For the reasons discussed in the
Regulatory Planning and Review section above, this rule will not have a
significant economic impact on a substantial number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

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

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves establishing five temporary safety
zones that will be enforced for no more than two hours. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add a temporary Sec.  165.T07-0384 to read as follows:

Sec.  165.T07-0384  Safety Zones; Fourth of July Fireworks Displays
within the Captain of the Port Charleston Zone, SC.

    (a) Regulated Areas. The following regulated areas are safety
zones, with the specific enforcement period for each safety zone. All
coordinates are North American Datum 1983.

    (1) Hilton Head Island, South Carolina. All waters within a 500
yard radius around the barge from which the fireworks will be launched,
located on the Atlantic Intracoastal Waterway at approximate position
32[deg]13'57'' N, 80[deg]45'06'' W. This safety zone will be enforced
from 8:30 p.m. until 10:30 p.m. on July 4, 2012.
    (2) Mount Pleasant, South Carolina. All waters within a 500 yard
radius around the barge from which the fireworks will be launched,
located on the Cooper River at approximate position 32[deg]47'32'' N,
79[deg]54'33'' W. This safety zone will be enforced from 8:30 p.m.
until 9:50 p.m. on July 4, 2012.
    (3) Murrells Inlet, South Carolina. All waters within a 1,000 yard
radius around Veterans Pier, from which the fireworks will be launched,
located on the Atlantic Intracoastal Waterway at approximate position
33[deg]33'23'' N, 79[deg]01'48'' W. This safety zone will be enforced
from 8:30 p.m. until 10:30 p.m. on July 4, 2012.
    (4) North Charleston, SC. All waters within a 500 yard radius
around the barge from which the fireworks will be launched, located on
the Cooper River at approximate position 32[deg]52'01'' N,
79[deg]57'35'' W. This safety zone will be enforced from 8:30 p.m.
until 10 p.m. on July 4, 2012.
    (5) North Myrtle Beach, South Carolina. All waters within a 500
yard radius around Cherry Grove Pier, from which the fireworks will be
launched, located on the Atlantic Ocean at approximate position
33[deg]49'38'' N, 78[deg]37'54'' W. This safety zone will be enforced
from 9 p.m. until 10:30 p.m. on July 4, 2012.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the regulated
areas.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated areas unless authorized by the Captain of the Port Charleston
or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated areas may contact the Captain of the
Port Charleston by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated areas is granted by the Captain of the Port Charleston or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated areas by
Broadcast Notice to Mariners, Marine Safety Information Bulletins, and
on-scene designated representatives.
    (d) Effective Date. This rule is effective from 8:30 p.m. until
10:30 p.m. on July 4, 2012.

    Dated: May 14, 2012.
M.F. White,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2012-12875 Filed 5-25-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 194 (Thursday, October 6, 2011)]
[Notices]
[Pages 62123-62125]
[FR Doc No: 2011-25823]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65452; File No. SR-C2-2011-023]

Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Amend C2 Rule 8.2 Concerning the Market-Maker Registration Cost for
SPXPM

September 30, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the

``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 20, 2011, the C2 Options Exchange, Incorporated
(``Exchange'' or ``C2'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I and II below, which Items have been prepared by the
Exchange. The Exchange has designated the proposal as a ``non-
controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The filing proposes to amend C2 rules relating to the Market-Maker
registration cost for P.M.-settled S&P 500 Index options (SPXPM). The
text of the proposed rule change is available on the Exchange's Web
site (http://www.cboe.org/legal), at the Exchange's Office of the
Secretary, and at the Commission.

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

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

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

1. Purpose
    The purpose of this rule change is to amend C2 Rule 8.2 to
establish Market-Maker registration costs for SPXPM options before
trading commences in that options class.\5\ The Exchange proposes to
amend Rule 8.2(d) to specifically reference SPXPM options as having a
registration cost of 1.0. The Exchange notes that the new registration
cost for SPXPM options will be the initial registration cost because
this options class is not currently trading. Thus, to trade SPXPM, a C2
Market-Maker will be required to obtain a dedicated Market-Maker
permit. Pursuant to the C2 fee schedule, a Market-Maker permit costs
$5,000 per month (additionally the Exchange anticipates adopting an
SPXPM Tier Appointment cost in the near future).
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    \5\ See Securities Exchange Act Release No. 34-65256 (September
2, 2011), 76 FR 55969 (September 9, 2011) (SR-C2-2011-008).
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    Among other reasons, the Exchange believes that the registration
cost change for SPXPM is reasonable in light of the fact that it is a
new product and the registration cost is comparable to the 1.0
appointment cost for A.M.-settled S&P 500 Index options traded on the
Chicago Board Options Exchange, Incorporated (``CBOE'') under CBOE Rule
8.2(c)(iii).
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations under the Act applicable to a
national securities exchange and, in particular, the requirements of
Section 6(b) of the Act. Specifically, the Exchange believes the
proposed rule change is consistent with the Section 6(b)(5) Act \6\
requirements that the rules of an exchange be designed to promote just
and equitable principles of trade, to prevent fraudulent and
manipulative acts and, in general, to protect investors and the public
interest. Among other reasons, the Exchange believes that the
registration cost change for SPXPM is reasonable in light of the fact
that it is a new product and the registration cost is comparable to the
1.0 appointment cost for A.M.-settled S&P 500 Index options traded on
the CBOE under CBOE Rule 8.2(c)(iii).
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    \6\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    C2 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.

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

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

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

    Because the foregoing rule does not (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, provided that the self-regulatory organization
has given the Commission written notice of its intent to file the
proposed rule change at least five business days prior to the date of
filing of the proposed rule change or such shorter time as designated
by the Commission, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-4(f)(6)
thereunder.\8\
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay period. Waiving the operative delay will enable the
Exchange to impose the market-maker registration cost for SPXPM options
before the commencement of trading in that options class. Because C2's
proposal for a 1.0 registration cost for SPXPM is comparable to the
existing 1.0 registration cost for the similar S&P 500 index option
traded on CBOE, C2's proposal is consistent with CBOE's current rule
and does not raise any new or novel issues. Accordingly, the Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest, and designates the
proposed rule change to be operative upon filing with the
Commission.\9\
---------------------------------------------------------------------------

    \9\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-C2-2011-023 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-C2-2011-023. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site 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 such filing also will be available for
inspection and copying at the principal office of C2. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make publicly available. All
submissions should refer to File Number SR-C2-2011-023 and should be
submitted on or before October 27, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-25823 Filed 10-5-11; 8:45 am]
BILLING CODE 8011-01-P


870.2600    Dermal Sensitization......................................................
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
870.3100    Oral Subchronic (rodent) ...............................................
870.3150    Oral Subchronic (nonrodent) .........................................
870.3200    21-Day Dermal ..............................................................
870.3250    90-Day Dermal ..............................................................
870.3465    90-Day Inhalation..........................................................
yes
yes
yes
no
yes
yes
yes
no
-
no
870.3700a  Developmental Toxicity (rodent)...................................
870.3700b  Developmental Toxicity (nonrodent).............................
870.3800    Reproduction .................................................................
yes
yes
yes
yes
yes
yes
870.4100a  Chronic Toxicity (rodent) ..............................................
870.4100b  Chronic Toxicity (nonrodent) ........................................
870.4200a  Oncogenicity (rat)..........................................................
870.4200b  Oncogenicity (mouse)....................................................
870.4300    Chronic/Oncogenicity....................................................
yes
a
yes
yes
a
yes
yes
yes
yes
yes
yes
yes
870.5100    Mutagenicity—Gene Mutation - bacterial .....................
870.5300    Mutagenicity—Gene Mutation - mammalian ................
870.5375    Mutagenicity—Structural Chromosomal Aberrations ...
870.5900    Mutagenicity—Other Genotoxic Effects .......................
yes
yes
yes
yes
yes
yes
yes
yes
870.6100a  Acute Delayed Neurotox. (hen) .....................................
870.6100b  90-Day Neurotoxicity (hen)...........................................
870.6200a  Acute Neurotox. Screening Battery (rat)........................
870.6200b  90-Day Neuro. Screening Battery (rat)..........................
870.6300    Develop. Neuro..............................................................
no
no
yes
yes
no
-
-
no
no
-
870.7485    General Metabolism.......................................................
870.7600    Dermal Penetration ........................................................
870.7800    Immunotoxicity..............................................................
yes
no
yes
yes
yes
no
a Guideline 870.4300 satisfies guideline 870.4100a and 870.4200a.

Page 24 of 36
1.2
Toxicity Profiles
Table 1  Acute Toxicity of Cyprodinil.
Guideline No.
Study Type
MRIDs #
Results
Toxicity Category
870.1100 Acute Oral
43709014 LD
50
= 2796 mg/kg
III
870.1200 Acute Dermal
43709016 LD
50
> 2000 mg/kg
III
870.1300 Acute Inhalation
43709018 LC
50
= 1.2 mg/L
III
870.2400
Primary Eye Irritation
43709021
mild/mod irritant
III
870.2500
Primary Skin Irritation
43709022
very slight irritant
IV
870.2600 Dermal Sensitization  43709024 positive NA
44392102
Table 2..  Toxicity Profile of Cyprodinil Technical.
Guideline No./
Study Type
MRID No. (year)/
Classification /Doses
Results
870.3100
90-Day oral toxicity
(mouse)
43709027 (1991)
Acceptable/guideline
0, 500, 2000, 6000 ppm
M: 0, 73.3, 257, 849
mg/kg/day
F: 0, 103, 349, 1121
mg/kg/day
NOAEL = 73.3/103 mg/kg/day, M/F
LOAEL = 257/349 mg/kg/day, M/F, based on
histopathological changes in the liver
870.3100
90-Day oral toxicity
(rat)
43709026 (1991)
Acceptable/guideline
0, 50, 300, 2000, 12,000
ppm
M: 0, 3.14, 19, 134, 810
mg/kg/day
F: 0, 3.24, 19.3, 137, 803
mg/kg/day
NOAEL =3.14 mg/kg/day
LOAEL = 19 mg/kg/day based on increased tubular kidney
lesions in males
Non-guideline
28-Day Feeding/
Range Finding
(rat)
43866301 (1989)
Acceptable/Non-
guideline
0, 100, 600, 3000, 15000
ppm
M: 10.3, 64.8, 316, 1460
mg/kg/day
F: 0, 10.1, 62.2, 299,
1390 mg/kg/day
NOAEL = 64.8/62.2 mg/kg/day, M/F
LOAEL = 316/299 mg/kg/day, M/F, based on lower body-
weight gains, microcytosis, increase cholesterol and
phospholipid levels, and hepatocyte hypertrophy
Non-guideline
28-Day Gavage/
Range Finding
(rat)
43737601 (1991)
Acceptable/Non-
guideline
0, 10, 100 1000
mg/kg/day
NOAEL = 10 mg/kg/day
LOAEL = 100 mg/kg/day based on increased liver weights
and abnormalities in liver morphology
870.3150
90-Day oral toxicity
43709028 (1991)
Acceptable/Guideline
NOAEL =210/232 mg/kg/day, M/F
LOAEL = 560/581 mg/kg/day, M/F, based on lower body-

Page 25 of 36
Table 2..  Toxicity Profile of Cyprodinil Technical.
Guideline No./
Study Type
MRID No. (year)/
Classification /Doses
Results
(dog)
0, 200, 1500, 7000, 20000
ppm
M: 0, 6.07, 45.85, 210.33,
559.66 mg/kg/day
F: 0, 6.79, 52.75, 231.93,
580.95 mg/kg/day
weight gains and decreased food consumption in both sexes
870.3200
21/28-Day dermal-
toxicity
(rat)
43709029 (1991)
Unacceptable/
Guideline
0, 5, 25, 125, 1000
mg/kg/day
NOAEL = 25/125 mg/kg/day, F/M
LOAEL = 125/1000 mg/kg/day, F/M, based on clinical
signs (hunched posture and/or piloerection).
870.3700a
Prenatal
developmental
(rat)
43709033 (1991)
Acceptable/Guideline
0, 20, 200, 1000
mg/kg/day
Maternal NOAEL = 200 mg/kg/day
LOAEL = 1000 mg/kg/day based on lower body-
weight/body-weight gain and reduced food consumption
Developmental NOAEL = 200 mg/kg/day
LOAEL = 1000 mg/kg/day based on lower mean fetal
weights and increased incidence of delayed ossification
870.3700b
Prenatal
developmental
(rabbit)
43709032 (1991)
Acceptable/Guideline
0, 5, 30, 150, 400
mg/kg/day
Maternal NOAEL = 150 mg/kg/day
LOAEL = 400 mg/kg/day based on decreased body-weight
gain
Developmental NOAEL = 150 mg/kg/day
LOAEL = 400 mg/kg/day based on slight increase of litters
showing extra (13 ) ribs
th
870.3800
Reproduction and
fertility effects
(rat)
43709034 (1993)
Acceptable/Guideline
0, 10, 100, 1000, 4000
ppm
M: 0, 0.7, 6.7, 68, 273
mg/kg/day
F: 0, 0.8, 8.2, 81, 326
mg/kg/day
Maternal/Systemic NOAEL = 81 mg/kg/day
LOAEL = 326 mg/kg/day based on decreased body weight
gain in the F0 females during the pre-mating period.
Reproductive/Developmental NOAEL = 81 mg/kg/day
LOAEL = 326 mg/kg/day based on decreased pup weights
(F1 and F2)
870.4300
Chronic toxicity/
Carcinogenicity
(feeding)
(rat)
43737602 (1994)
Acceptable/Guideline
0, 5, 75, 1000, 2000 ppm
M: 0, 0.177, 2.7, 35.6,
73.6 mg/kg/day
F: 0, 0.204, 3.22, 41.2,
87.1 mg/kg/day
NOAEL = 2.7 mg/kg/day
LOAEL = 35.6 mg/kg/day based on degenerative liver
lesions (spongiosis hepatis) in males
No evidence of carcinogenicity
870.4100b
Chronic toxicity
(dog)
43709030 (1991)
0, 25, 250, 2500, 15000
M: 0, 0.72, 6.87, 65.35,
449.25 mg/kg/day
F: 0, 0.76, 6.80, 67.99,
NOAEL = 65.63/67.99 mg/kg/day, M/F
LOAEL = 449.25/446.3, M/F, mg/kg/day based on lower
body-weight gains and decreased food consumption and
food efficiency

Page 26 of 36
Table 2..  Toxicity Profile of Cyprodinil Technical.
Guideline No./
Study Type
MRID No. (year)/
Classification /Doses
Results
446.37 mg/kg/day
870.3200
Carcinogenicity -
(mouse)
43709031, 44417902
Acceptable/Guideline
0, 10, 150, 2000, 5000
ppm
M: 0, 1.15, 16.1, 212.4,
630 mg/kg/day
F: 0, 1.08, 14.7, 196.3,
558.1 mg/kg/day
NOAEL = 16.1 mg/kg/day
LOAEL = 212.4 mg/kg/day based on a dose-related increase
in the incidence of focal and multifocal hyperplasia of the
exocrine pancreas in males
No evidence of carcinogenicity
870.5100
Gene Mutation -
Bacteria
43709037 (1990)
Acceptable/Guideline
In a reverse gene mutation assay with Salmonella
typhimurium/Escherichia coli, cyprodinil was negative up to
concentrations (
≥
1250  g/plate +/-S9) that produced
reproducible cytotoxicity for the majority of strains.
Compound insolubility was reported at
≥
313  g/plate.
870.5300
Gene Mutation -
In vitro mammalian
cell
43709036 (1990)
Acceptable/Guideline
In a Chinese hamster V79 cell HGPRT forward gene
mutation assay, cyprodinil was negative up to cytotoxic
concentrations (
≥
96.0  g/mL with S9) (
≥
24  g/mL without
S9).


[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)]
[Notices]
[Pages 12213-12215]
[FR Doc No: 2015-05190]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74411; File No. SR-FICC-2014-09]

Self-Regulatory Organizations; Fixed Income Clearing Corporation;
Order Approving Proposed Rule Change To Amend the Rules of the
Government Securities Division and the Mortgage-Backed Securities
Division Regarding the Default of Fixed Income Clearing Corporation

March 2, 2015.

I. Introduction

    On November 12, 2014, the Fixed Income Clearing Corporation
(``FICC'') filed with the Securities and Exchange Commission
(``Commission'') proposed rule change SR-FICC-2014-09 pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder.\2\ The proposed rule change was published
for comment in the Federal Register on December 2, 2014.\3\ On January
9, 2015, pursuant to Section 19(b)(2)(A)(ii) of the Act,\4\ FICC
consented to an extension of the time for Commission action on the
proposed rule change to March 2, 2015. The Commission received no
comment letters in response to the proposed rule change. For the
reasons discussed below, the Commission is approving the proposed rule
change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 73682 (November 25,
2014), 79 FR 71481 (December 2, 2014) (File No. SR-FICC-2014-09).
    \4\ 15 U.S.C. 78s(b)(2)(A)(ii).
---------------------------------------------------------------------------

II. Description

    FICC filed the proposed rule change to amend the clearing rules of
the Government Securities Division (``GSD'') and of the Mortgage-Backed
Securities Division (``MBSD'') concerning a default by FICC.\5\ The
FICC Default Rules were added to GSD's and MBSD's rules in 2010 and
2012, respectively, to make explicit the close-out netting of
obligations between FICC and its clearing members in the event that
FICC becomes insolvent or defaults on its obligations to its clearing
members.\6\ FICC represented that the FICC Default Rules provide
clarity to clearing member firms in their application of balance sheet
netting to their positions with FICC under U.S. GAAP.\7\ FICC further
represented that the FICC Default Rules allow clearing members to
comply with Basel Accord Standards relating to netting, and thereby
enable clearing members to calculate their capital requirements on the
basis of their net credit exposure.\8\
---------------------------------------------------------------------------

    \5\ In 2010, the Commission approved a proposed rule change
filed by FICC to add Rule 22B to the GSD rules (``GSD Default
Rule''). See Securities Exchange Act Release No. 63038 (October 5,
2010), 75 FR 62899 (October 13, 2010) (File No. SR-FICC-2010-04). In
2012, the Commission approved a proposed rule change filed by FICC
to add Rule 17A to the MBSD rules (``MBSD Default Rule'', and
together with the GSD Default Rule, ``FICC Default Rules''). See
Securities Exchange Act Release No. 66550 (March 9, 2012), 77 FR
15155 (March 14, 2012) (File No. SR-FICC-2008-01).
    \6\ See Securities Exchange Act Release No. 63038 (October 5,
2010), 75 FR 62899 (October 13, 2010) (File No. SR-FICC-2010-04) and
Securities Exchange Act Release No. 66550 (March 9, 2012), 77 FR
15155 (March 14, 2012) (File No. SR-FICC-2008-01).
    \7\ See Id.
    \8\ See Id.
---------------------------------------------------------------------------

    The existing FICC Default Rules cover three general types of
default: Voluntary proceedings defaults; involuntary proceedings
defaults; and non-insolvency related defaults. Under the existing FICC
Default Rules, FICC states that it is considered in default with
respect to voluntary proceedings defaults (i) immediately upon the
dissolution of FICC, (ii) the voluntary institution of proceedings by
FICC seeking a judgment of insolvency or bankruptcy or other similar
relief, or (iii) the voluntary presentation by FICC of a petition for
its winding up or liquidation.
    Under the existing FICC Default Rules, FICC is considered in
default

with respect to involuntary proceedings defaults on the 91st calendar
day after the judgment of insolvency or bankruptcy or the entry of an
order for relief (or similar order) for FICC's winding up or
liquidation, or the appointment of an administrator, provisional
liquidator, conservator, receiver, trustee, custodian or other similar
official for all or substantially all of FICC's assets, where such
judgment, order or appointment, as applicable, remains unstayed
throughout the 90 calendar day grace period. FICC is considered in
default with respect to non-insolvency related defaults on the 91st
calendar day after it receives notice from a member of its failure to
make an undisputed payment or delivery to such member that is required
under the GSD Rules or the MBSD Rules, respectively, where such failure
remains unremedied throughout the 90 calendar day grace period.
    The existing FICC Default Rules exclude the following from the
scope of what is considered a non-insolvency related default: (i) The
failure on the part of FICC to satisfy obligations to members in wind-
down, members in default, or members for whom FICC has ceased to act
pursuant to either GSD Rule 22A or MBSD Rule 17, as applicable; (ii)
the satisfaction of any payment or delivery obligation by FICC through
alternate means as provided in GSD or MBSD rules, as applicable; (iii)
the failure of the other division of FICC to satisfy a payment or
delivery obligation to a clearing member; and (iv) the failure to
satisfy any payment or delivery obligation required to be made to a
clearing member that is solely the result of an operational,
technological, or administrative error or impediment, provided that
FICC possesses sufficient funds or assets to satisfy the obligation.
    Additionally, according to FICC, the grace period can be extended
beyond 90 calendar days under the existing FICC Default Rules in a non-
insolvency related default situation where a payment or delivery
deadline has been suspended under GSD Rule 42 or MBSD Rule 33, as
applicable, in which case the 90 calendar day grace period would
commence on the date FICC receives notice from a clearing member of its
failure to make an undisputed payment or delivery on the later due date
determined pursuant to the suspension.
    Pursuant to this rule change, as approved, FICC is now amending its
FICC Default Rules in order to more closely align such rules with those
of its peer central counterparties and to facilitate the participation
of market participants, including registered investment companies, in
FICC's services by providing members with further legal certainty
regarding their rights with respect to a default by FICC. First, FICC
is amending its FICC Default Rules to add the voluntary making by FICC
of a general assignment for the benefit of creditors as an additional
type of voluntary proceeding. Second, FICC is eliminating the 90
calendar day grace period for involuntary proceeding defaults.
According to FICC, this change will result in FICC being considered in
default immediately upon the judgment of insolvency or bankruptcy or
the entry of an order for relief (or similar order) for FICC's winding-
up or liquidation, or the appointment of a receiver, trustee or other
similar official for FICC or substantially all of FICC's assets,
provided that such receiver, trustee or other similar official is
appointed pursuant to the federal securities laws, particularly Section
19(i) of the Act, or Title II of the Dodd-Frank Wall Street Reform and
Consumer Protection Act.
    Third, FICC is reducing the grace period from 90 to 7 calendar days
for non-insolvency related defaults. According to FICC, this change
will result in it being in a non-insolvency related default on the 8th
calendar day after it receives notice from a member of its failure to
make an undisputed payment or delivery to such member that is required
under the rules of GSD or MBSD, as applicable, provided that such
failure has not been remedied during the 7 calendar days, and does not
fall within the category of exclusions that are enumerated in clause
(b)(i), sub-clauses (A), (B) and (C) of the GSD Default Rule or the
MBSD Default Rule, as applicable.
    Fourth, FICC is removing the provisions that provide for a
potential extension of the grace period in a non-insolvency default
situation where the deadline for a payment or delivery obligation of
FICC has been suspended by FICC under either GSD Rule 42 or MBSD Rule
33, as applicable. As a result, the grace period will commence on the
date FICC receives notice from a member of its failure to make an
undisputed payment or delivery on the later due date determined
pursuant to the suspension.
    Fifth, FICC is removing the provisions that exclude from the scope
of what can be considered a non-insolvency related default the failure
to satisfy any payment or delivery obligation required to be made to a
clearing member that is the result of an operational, technological, or
administrative error or impediment.
    Sixth, is adding language to the FICC Default Rules to clarify that
no other provision within the rules of GSD or MBSD, respectively,
including FICC's authority under GSD Rule 42 and MBSD Rule 33, as
applicable, can override the definition of what constitutes a default
by FICC.

III. Discussion

    Section 19(b)(2)(C) of the Act \9\ directs the Commission to
approve a self-regulatory organization's proposed rule change if the
Commission finds that the proposed rule change is consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to such organization. Section 17A(b)(3)(F) of the Act \10\
requires, among other things, that the rules of a clearing agency are
designed to promote the prompt and accurate clearance and settlement of
securities transactions.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(2)(C).
    \10\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    After careful review, the Commission finds that FICC's rule change
to amend the FICC Default Rules is consistent with Section 17A(b)(3)(F)
of the Act \11\ because the changes as proposed in FICC's filing should
provide further legal certainty to FICC's clearing members regarding
their close-out netting rights with respect to a default by FICC. In
addition, FICC's rule changes should assist in addressing certain
regulatory concerns of new market participants, including registered
investment companies, which FICC believes will facilitate their
participation in FICC's central counterparty services and thus
facilitate the prompt and accurate clearance and settlement of
securities transactions submitted by such market participants.
---------------------------------------------------------------------------

    \11\ Id.
---------------------------------------------------------------------------

IV. Conclusion

    On the basis of the foregoing, the Commission concludes that the
proposal is consistent with the requirements of the Act, particularly
the requirements of Section 17A of the Act,\12\ and the rules and
regulations thereunder.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\13\ that the proposed rule change (File No. SR-FICC-2014-09) be
and hereby is approved.\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(2).
    \14\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).

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

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-05190 Filed 3-5-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: August 30, 2006 (Volume 71, Number 168)]
[Notices]
[Page 51604-51605]
[DOCID:fr30au06-89]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application for Transfer of License and Soliciting
Comments, Motions to Intervene, and Protests

August 21, 2006.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Transfer of License.
    b. Project No.: 6032-063.
    c. Date Filed: August 4, 2006.
    d. Applicants: Fourth Branch Associates (Mechanicville) and Albany
Engineering Corporation.
    e. Name and Location of Project: The Mechanicville Project is
located on the Hudson River, in Saratoga and Rensselaer Counties, New
York.
    f. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    g. Applicant Contact: Mr. James A. Besha, P.E., President, Albany
Engineering Corporation, 447 New Karner Road, Albany, NY 12205, (518)
456-7712.
    h. FERC Contact: Etta L. Foster<PHONE_NUMBER>.
    i. Deadline for filing comments, protests, and motions to
intervene: September 18, 2006.
    All documents (original and eight copies) should be filed with
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Comments, protests, and
interventions may be filed electronically via the Internet in lieu of
paper, see 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site under the ``e-Filing'' link. The Commission
strongly encourages electronic filings. Please include the project
number (P-6032-063) on any comments, protests, or motions filed. The
Commission's Rules of Practice and Procedure require all intervenors
filing a document with the Commission to serve a copy of that document
on each person in 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 documents on that resource
agency.
    j. Description of Application: Applicants request approval, under
section 8 of the Federal Power Act, of a transfer of license for the
Mechanicville Project No. 6032 from Fourth Branch Associates
(Mechanicville) to Albany Engineering Corporation.
    k. This filing 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 ``FERRIS'' link. Enter the project number

excluding the last three digits (P-6032) in the docket number field to
access the document. For online assistance, contact
<EMAIL_ADDRESS>or call toll-free<PHONE_NUMBER>, for TTY,

call<PHONE_NUMBER>. A copy is also available for inspection and
reproduction at the addresses in item g.
    l. Individual desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    m. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application
    n. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``PROTESTS'', OR
``MOTION TO INTERVENE'', as applicable, and the Project Number of the
particular application to which the filing refers. Any of the above-
named documents must be filed by providing the original and the number
of copies provided by the Commission's regulations to: The Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    o. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filling
comments, it will be assumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Magalie R. Salas,
Secretary.
[FR Doc. E6-14372 Filed 8-29-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 20 (Tuesday, February 2, 2021)]
[Rules and Regulations]
[Pages 7807-7808]
[FR Doc No: 2021-02169]

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

DEPARTMENT OF LABOR

Office of the Secretary of Labor

29 CFR Part 22

Occupational Safety and Health Administration

29 CFR Part 1986

RIN 1290-AA28

Rules of Practice and Procedure Concerning Filing and Service and
Amended Rules Concerning Filing and Service; Correction

AGENCY: Employment and Training Administration, Office of Workers'
Compensation Programs, Office of the Secretary, Office of Labor-
Management Standards, Wage and Hour Division, Occupational Safety and
Health Administration, Office of Federal Contract Compliance Programs.

ACTION: Direct final rule; correction.

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

SUMMARY: The Department of Labor (Department or DOL) is correcting a
direct final rule that appeared in the Federal Register on January 11,
2021, ``Rules of Practice and Procedure Concerning Filing and Service
and Amended Rules Concerning Filing and Service.'' The companion
proposed rule to the final rule was published in the same issue of the
Federal Register. The final rule required electronic filing (e-filing)
and made acceptance of electronic service (e-service) automatic for
attorneys and non-attorney representatives representing parties in
proceedings before the Administrative Review Board, unless the Board
authorized non-electronic filing and service for good cause. Among
other changes, the final rule was intended to revise several sections
of the Code of Federal Regulations. However, the final rule as
published inadvertently omitted amendatory instructions to revise two
section headings, despite providing revised language for those
headings. This document provides the omitted amendatory instructions to
ensure that these two section headings are revised as written in the
final rule.

DATES: This correction is effective on February 25, 2021, unless the
Department receives a significant adverse comment to the underlying
direct final rule or its companion proposed rule by February 10, 2021
that explains why the rule is inappropriate.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Shepherd, Clerk of the
Appellate Boards, at<PHONE_NUMBER> or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: DOL is making the following corrections to
the final rule, as published in the Federal Register on Monday, January
11, 2021 (86 FR 1772).
    DOL is adding amendatory instructions to change the section
headings of two sections of the Code of Federal Regulations.
    At 86 FR 1781, third column, 29 CFR part 22, amendatory instruction
43 revised Sec.  22.39, paragraphs (a), (b)(3), (c), (f), and (h)
through (l). The text of Sec.  22.39 as written in the final rule also
included a revised section heading; however, amendatory instruction 43
did not specify that the section heading should be revised in addition
to the text of the above-listed paragraphs. In this action, amendatory
instruction 43 is corrected to clarify that the section heading of
Sec.  22.39 should be revised as well. Amendatory instruction 43 is
corrected to read: ``43. In Sec.  22.39, revise the section heading and
paragraphs (a), (b)(3), (c), (f), and (h) through (l) to read as
follows:''. The section heading is being revised to read ``Appeal to
ARB'' instead of ``Appeal to authority head.'' This change is in
keeping with the Department's clearly expressed intent in the preamble
of the final rule to revise references in the regulations to an
``authority head'' to references to the ``ARB'' in order to clarify the
responsibilities of the Administrative Review Board.
    At 86 FR 1793, third column, 29 CFR part 1986, amendatory
instruction 133 revised Sec.  1986.110, paragraph (c). The text of
Sec.  1986.110 as written in the final rule also included a revised
section heading; however, amendatory instruction 133 did not specify
that the section heading should be revised in addition to the text of
paragraph (c). In this action, amendatory instruction 133 is corrected
to clarify that the section heading of Sec.  1986.110 should be
revised, as well. Amendatory instruction 133 is corrected to read:
``133. In Sec.  1986.110, revise the section heading and paragraph (c)
to read as follows:''. The section heading is being revised to read
``Decision and orders of the Administrative Review Board'' instead of
``Decisions and order of the Administrative Review Board.'' The change
to Sec.  1986.110 is intended to make the section heading consistent
with other similar section headings in the chapter of Title 29 that are
titled ``Decision and orders of the Administrative Review Board.''

Federal Register Correction

    In FR Rule Doc. No. 2020-28055, published in the issue of January
11, 2021, beginning on page 1772, the following corrections are made:

PART 22--PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986

Sec.  22.39  [Corrected]

0
1. On page 1781, in the third column, correct amendatory instruction 43
to read: ``43. In Sec.  22.39, revise the section heading and
paragraphs (a), (b)(3), (c), (f), and (h) through (l) to read as
follows:''.

PART 1986--PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS
UNDER THE EMPLOYEE PROTECTION PROVISION OF THE SEAMAN'S PROTECTION
ACT (SPA), AS AMENDED

Sec.  1986.110  [Corrected]

0
2. On page 1793, in the third column, correct amendatory instruction
133 to read: ``133. In Sec.  1986.110, revise the section heading and
paragraph (c) to read as follows:''.

Stephanie Swirsky,
Deputy Assistant Secretary of Labor for Policy.
[FR Doc. 2021-02169 Filed 2-1-21; 8:45 am]
BILLING CODE 4510-HW-P


[Federal Register Volume 76, Number 25 (Monday, February 7, 2011)]
[Notices]
[Page 6613]
[FR Doc No: 2011-2625]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice Announcing Filing Priority for Preliminary Permit
Applications

January 28, 2011.

------------------------------------------------------------------------
                                                             Project No.
------------------------------------------------------------------------
Lock Hydro Friends Fund XXXV...............................    13735-000
FFP Missouri 7, LLC........................................    13756-000
Dashields Hydro, LLC.......................................    13779-000
------------------------------------------------------------------------

    On January 27, 2011, the Commission held a drawing to determine
priority between three competing preliminary permit applications with
identical filing times. In the event that the Commission concludes that
none of the applicants' plans are better adapted than the others to
develop, conserve, and utilize in the public interest the water
resources of the region at issue, the priority established by this
drawing will serve as the tiebreaker. Based on the drawing, the order
of priority is as follows:

1. Dashields Hydro, LLC--Project No. 13779-000
2. Lock Hydro Friends Fund XXXV--Project No. 13735-000
3. FFP Missouri 7, LLC--Project No. 13756-000

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-2625 Filed 2-4-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 23, 2009 (Volume 74, Number 224)]
[Notices]
[Page 61146]
[DOCID:fr23no09-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER10-253-000; EL10-14-000]

Primary Power, LLC; Notice of Filing

November 16, 2009.
    Take notice that on November 10, 2009, Primary Power, LLC, pursuant
to sections 205 and 209 of the Federal Power Act and Order No. 679,
filed a Petition for Declaratory Order requesting Incentive Rate
Treatment, Acceptance of Rate of Return and Certain Related
Determinations for the Grid Plus Transmission System.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 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 comment date. On or
before the comment date, it is not necessary to 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 14 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 e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on December 1, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-28014 Filed 11-20-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: October 25, 2010 (Volume 75, Number 205)]
[Notices]
[Page 65490-65491]
[DOCID:fr25oc10-65]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0542]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Information Request Regarding Dissolvable Tobacco
Products

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal agencies are required to publish notice in the
Federal Register concerning each proposed collection of information and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on an information request regarding the use of
dissolvable tobacco products.

DATES: Submit either electronic or written comments on the collection
of information by December 27, 2010.

ADDRESSES: Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of Information
Management, Food and Drug Administration, 1350 Piccard Dr. PI50-400B,
Rockville, MD 20850,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of Information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information before
submitting the collection to OMB for approval. To comply with this
requirement, FDA is publishing notice of the proposed collection of
information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Information Request Regarding Dissolvable Tobacco Products

    On June 22, 2009, the President signed the Family Smoking
Prevention and Tobacco Control Act (Tobacco Control Act) (Pub. L. 111-
31) into law. The Tobacco Control Act amended the Federal Food, Drug,
and Cosmetic Act (FD&C Act) by adding a new chapter granting FDA
important new authority to regulate the manufacture, marketing, and
distribution of tobacco products to protect the public health generally
and to reduce tobacco use by minors.
    Section 917 of the Tobacco Control Act required the Secretary of
Health and Human Services (the Secretary) to establish a Tobacco
Products Scientific Advisory Committee (TPSAC). Section 907(f) of the
Tobacco Control Act requires the TPSAC to submit a report and
recommendations to the Secretary on the impact of the use of
dissolvable tobacco products on the public health, including such use
among children. To ensure a comprehensive review of this issue, FDA is
requesting tobacco industry documents and information to support the
work of TPSAC. Under section 907(f), TPSAC must submit its report and
recommendations to the Secretary within 2 years of its formation, or
March 23, 2012.
    In order to provide TPSAC with the information it needs to carry
out its statutory obligation, FDA is requesting that tobacco companies
submit information under section 904(b) of the Tobacco Control Act
pertaining to documents and underlying scientific and financial
information relating to research, and research findings, conducted,
supported, or possessed by the manufacturer (or agents thereof) on a
specified set of topics. For the purposes of this request, ``research''
may include, but is not limited to, focus groups, surveys, experimental
clinical studies, post-marketing surveillance, toxicological and
biochemical assays, taste panels, and assessments of the effectiveness
of product marketing practices. Topics for which information relating
to dissolvable tobacco products is requested are marketing research;
marketing practices; effectiveness of marketing practices; and health,
toxicological, behavioral, and physiological effects. FDA's request for
documents related to dissolvable tobacco products includes, but is not
limited to products for research, investigational use, developmental
studies, test marketing, and/or commercial marketing, and also to the
components, parts, or accessories of such products.

    FDA estimates the burden for this collection of information as
follows:

                                Table 1--Estimate of One-Time Reporting Burden\1\
----------------------------------------------------------------------------------------------------------------
                                                      Annual       Total average
            Activity                 Number of     frequency per      annual         Hours per      Total hours
                                    respondents      response        responses       response
----------------------------------------------------------------------------------------------------------------
Providing negative response to               110               1             110            0.50              55
 request for dissolvable tobacco
 product documents..............
Submission of dissolvable                     10               1              10          230              2,300
 tobacco products...............
                                 -------------------------------------------------------------------------------
    Total.......................             120  ..............             120  ..............           2,355
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    These burden estimates were derived by taking into consideration
FDA's experience with document production, experience with submissions
pertaining to other tobacco product-related information collections,
and comments received in response to other tobacco product-related
information collections. FDA is limiting the burden on respondents by
only requesting documents on specific topics that will have utility for
FDA. FDA is requesting the final version of documents or the most
recent draft in the absence of a final document. Also, publically
available published abstracts, editorials, letters, and manuscripts are
not being requested, although FDA would appreciate a list of such
publications. Information responsive to this section 904(b) information
request that has been previously provided to FDA under the FD&C Act or
other letter requests does not have to be resubmitted as long as the
document is fully referenced. FDA believes that the number of documents
being requested in this information collection will be limited due to
the estimated small number of respondents and the relatively shorter
amount of time these tobacco products have been in existence compared
to other tobacco products.
    FDA estimates that there are approximately 120 tobacco product
manufacturers who may be affected by this collection of information. Of
the total number of manufacturers, FDA estimates that most
manufacturers (110) will not have documents which will be responsive to
this section 904(b) request and that they will only need to send a
letter notifying the FDA's Center for Tobacco Products that they have
no documents to report. FDA anticipates it should take no longer than
30 minutes to draft such a response and send to FDA. The total one-time
hourly burden to submit this letter to FDA is estimated to be 55 hours
(30 minutes x 110 manufacturers).
    FDA estimates that there are approximately 10 tobacco product
manufacturers who may have documents meeting the criteria of this
information collection request. Because the volume of responsive
documents each of these respondents may have will likely vary, the
corresponding time burden for each respondent to satisfy this
information collection request will also vary. Therefore, FDA estimates
that these 10 respondents will average approximately 230 hours each to
satisfy the requirements of this section 904(b) request. The total one-
time hourly burden to locate and send documents meeting the
requirements of this request is estimated to be 2,300 hours (230 hours
x 10 manufacturers). The total one-time hourly burden for this
collection of information is 2,355 hours (55 hours + 2,300 hours).

     Dated: October 19, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-26830 Filed 10-22-10; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 77, Number 106 (Friday, June 1, 2012)]
[Proposed Rules]
[Page 32483]
[FR Doc No: 2012-13302]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0236; FRL-9670-9]

Revisions to the California State Implementation Plan, South
Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a revision to the South Coast Air
Quality Management District portion of the California State
Implementation Plan (SIP). This revision concerns particulate matter
(PM) emissions from cement manufacturing facilities. We are proposing
to approve a local rule to regulate these emission sources under the
Clean Air Act as amended in 1990 (CAA or the Act).

DATES: Any comments on this proposal must arrive by July 2, 2012.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2012,0236, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed at www.regulations.gov, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material, large maps), and some may not be publicly
available in either location (e.g., CBI). To inspect the hard copy
materials, please schedule an appointment during normal business hours
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX,
(415) 947-4125<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This proposal addresses the following local
rule: SCAQMD Rule 1156, Further Reductions of Particulate Emissions
from Cement Manufacturing Facilities. In the Rules and Regulations
section of this Federal Register, we are approving this local rule in a
direct final action without prior proposal because we believe these SIP
revisions are not controversial. If we receive adverse comments,
however, we will publish a timely withdrawal of the direct final rule
and address the comments in subsequent action based on this proposed
rule. Please note that if we receive adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, we may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
    We do not plan to open a second comment period, so anyone
interested in commenting should do so at this time. If we do not
receive adverse comments, no further activity is planned. For further
information, please see the direct final action.

    Dated: April 24, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2012-13302 Filed 5-31-12; 8:45 am]
BILLING CODE 6560-50-P