[Federal Register: November 26, 2008 (Volume 73, Number 229)]
[Notices]
[Page 72047-72050]
[DOCID:fr26no08-72]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0387; FRL-8365-9]

Intent to Suspend Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of issuance of Notice of Intent to Suspend; Suspension
Order.

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SUMMARY: This Notice, pursuant to section 6(f)(2) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136 et
seq., announces that EPA has issued a Notice of Intent to Suspend
pursuant to sections 3(c)(2)(B) and 4 of FIFRA. The Notice was issued
following issuance of a Section 4 Reregistration Data Requirements
Notice by the Agency and the failure of the registrant subject to the
Section 4 Reregistration Data Requirements Notice to take appropriate
steps to secure the data required to be submitted to the Agency. This
Notice includes the text of a Notice of Intent to Suspend, absent
specific chemical, product, or factual information. Table 1 of this
Notice further identifies the registrant to whom the Notice of Intent
to Suspend was issued, the date the Notice of Intent to Suspend was
issued, the active ingredient(s) involved, and the EPA registration
numbers and names of the registered product(s) which are affected by
the Notice of Intent to Suspend. Moreover, Table 2 of this Notice
identifies the basis upon which the Notice of Intent to Suspend was
issued. Finally, matters pertaining to the timing of requests for
hearing are specified in the Notice of Intent to Suspend and are
governed by the deadlines specified in section 3(c)(2)(B). As required
by section 6(f)(2), the Notice of Intent to Suspend was sent by
certified mail, return receipt requested, to the affected registrant at
its address of record. The Notice of Intent to Suspend described in
this Notice was received by the registrant and the products have been
suspended by operation of law. The Notice of Intent to Suspend has
become an effective suspension order.

FOR FURTHER INFORMATION CONTACT: Bonnie Adler, Special Review and
Reregistration Division, 7508P, Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. Although this
action may be of particular interest to persons who produce or use
pesticides, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2008-0387. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal
Dr., Arlington, VA. The hours of operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The Docket Facility telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under theFederal Register
listings athttp://www.epa.gov/fedrgstr.

II. Text of a Notice of Intent to Suspend

    The text of a Notice of Intent to Suspend, absent specific
chemical, product, or factual information follows:
United States Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
Washington, DC 20460

Certified Mail
Return Receipt Requested

SUBJECT: Suspension of Registration of Pesticide Product(s)
Containing ------------------for Failure to Comply with the Section
4 Phase 5 Reregistration Eligibility Decision Data Call-In Notice

    Dear Sir/Madam:
    This letter gives you notice that the pesticide product
registration(s) listed in Attachment I will be suspended 30 days
from your receipt of this letter unless you take steps within that
time to prevent this Notice from automatically becoming a final and
effective order of suspension. The Agency's authority for suspending
the registrations of your products is section 3(c)(2)(B) of the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Upon
becoming a final and effective order of suspension, any violation of
the order will be an unlawful act under section 12(a)(2)(J) of
FIFRA.
    You are receiving this Notice of Intent to Suspend because you
have failed to comply with the terms of the Phase 5 Reregistration
Eligibility Decision Data Call-In Notice imposed pursuant to section
4(g)(2)(B) and section 3(c)(2)(B) of FIFRA. The specific basis for
issuance of this Notice is stated in the Explanatory Appendix
(Attachment III) to this Notice. The affected product(s) and the
requirement(s) which you failed to satisfy are listed and described
in the following three attachments:
    Attachment I Suspension Report -- Product List
    Attachment II Suspension Report -- Requirement List
    Attachment III Suspension Report -- Explanatory Appendix
    The suspension of the registration of each product listed in
Attachment I will become final unless at least one of the following
actions is completed.
    1. You may avoid suspension under this Notice if you or another
person adversely affected by this Notice properly request a hearing
within 30 days of your receipt of this Notice. If you request a
hearing, it will be conducted in accordance with the requirements of
section 6(d) of FIFRA and the Agency's Procedural Regulations in 40
CFR Part 164.
    Section 3(c)(2)(B), however, provides that the only allowable
issues which may be addressed at the hearing are whether you have
failed to take the actions which are the bases of this Notice and
whether the Agency's decision regarding the disposition of existing
stocks is consistent with FIFRA. Therefore, no substantive
allegation or legal argument concerning other issues, including but
not limited to the Agency's original decision to require the
submission of data or other information, the need for or utility of
any of the required data or other information or deadlines imposed,
any allegations of errors or unfairness in any proceedings before an
arbitrator, and the risks and benefits associated with continued
registration of the affected product, may be considered in the
proceeding. The Administrative Law Judge shall by order dismiss any
objections which have no bearing on the allowable issues which may
be considered in the proceeding.
    Section 3(c)(2)(B)(iv) of FIFRA provides that any hearing must
be held and a determination issued within 75 days after receipt of a
hearing request. This 75-day period may not be extended unless all
parties in the proceeding stipulate to such an extension. If a
hearing is properly requested, the Agency will issue a final order
at the conclusion of the hearing governing the suspension of your
product(s).
    A request for a hearing pursuant to this Notice must 1) include
specific objections

which pertain to the allowable issues which may be heard at the
hearing, 2) identify the registrations for which a hearing is
requested, and 3) set forth all necessary supporting facts
pertaining to any of the objections which you have identified in
your request for a hearing. If a hearing is requested by any person
other than the registrant, that person must also state specifically
why he asserts that he would be adversely affected by the suspension
action described in this Notice. Three copies of the request must be
submitted to:
    Hearing Clerk, 1900
    U.S. Environmental Protection Agency
    1200 Pennsylvania Avenue, NW
    Washington, DC 20460
and an additional copy should be sent to the signatory listed below.
The request must be received by the Hearing Clerk by the 30th day
from your receipt of this Notice in order to be legally effective.
The 30-day time limit is established by FIFRA and cannot be extended
for any reason. Failure to meet the 30-day time limit will result in
automatic suspension of your registration(s) by operation of law
and, under such circumstances, the suspension of the registration
for your affected product(s) will be final and effective at the
close of business 30 days after your receipt of this Notice and will
not be subject to further administrative review.
    The Agency's Rules of Practice at 40 CFR 164.7 forbid anyone who
may take part in deciding this case, at any stage of the proceeding,
from discussing the merits of the proceeding ex parte with any party
or with any person who has been connected with the preparation or
presentation of the proceeding as an advocate or in any
investigative or expert capacity, or with any of their
representatives. Accordingly, the following EPA offices, and the
staffs thereof, are designated as judicial staff to perform the
judicial function of EPA in any administrative hearings on this
Notice of Intent to Suspend: the Office of the Administrative Law
Judges, the Office of the Environmental Appeals Board, the
Administrator, the Deputy Administrator, and the members of the
staff in the immediate offices of the Administrator and Deputy
Administrator. None of the persons designated as the judicial staff
shall have any ex parte communication with trial staff or any other
interested person not employed by EPA on the merits of any of the
issues involved in this proceeding, without fully complying with the
applicable regulations.
    2. You may also avoid suspension if, within 30 days of your
receipt of this Notice, the Agency determines that you have taken
appropriate steps to comply with the section 3(c)(2)(B) Data Call-In
Notice. In order to avoid suspension under this option, you must
satisfactorily comply with Attachment II, Requirement List, for each
product by submitting all required supporting data/information
described in Attachment II and in the Explanatory Appendix
(Attachment III) to the following address (preferably by certified
mail):

    Office of Pesticide Programs
    Special Review and Reregistration Division (7508P)
    U.S. Environmental Protection Agency
    1200 Pennsylvania Avenue, NW
    Washington, DC 20460
    For you to avoid automatic suspension under this Notice, the
Agency must also determine within the applicable 30-day period that
you have satisfied the requirements that are the bases of this
Notice and so notify you in writing. You should submit the necessary
data/information as quickly as possible for there to be any chance
the Agency will be able to make the necessary determination in time
to avoid suspension of your product(s).
    The suspension of the registration(s) of your company's
product(s) pursuant to this Notice will be rescinded when the Agency
determines you have complied fully with the requirements which were
the bases of this Notice. Such compliance may only be achieved by
submission of the data/information described in the attachments to
the signatory below.
    Your product will remain suspended, however, until the Agency
determines you are in compliance with the requirements which are the
bases of this Notice and so informs you in writing.
    After the suspension becomes final and effective, the registrant
subject to this Notice, including all supplemental registrants of
product(s) listed in Attachment I, may not legally distribute, sell,
use, offer for sale, hold for sale, ship, deliver for shipment, or
receive and (having so received) deliver or offer to deliver, to any
person, the product(s) listed in Attachment I.
    Persons other than the registrant subject to this Notice, as
defined in the preceding sentence, may continue to distribute, sell,
use, offer for sale, hold for sale, ship, deliver for shipment, or
receive and (having so received) deliver or offer to deliver, to any
person, the product(s) listed in Attachment I.
    Nothing in this Notice authorizes any person to distribute,
sell, use, offer for sale, hold for sale, ship, deliver for
shipment, or receive and (having so received) deliver or offer to
deliver, to any person, the product(s) listed in Attachment I in any
manner which would have been unlawful prior to the suspension.
    If the registration(s) for your product(s) listed in Attachment
I are currently suspended as a result of failure to comply with
another section 3(c)(2)(B) Data Call-In Notice or Section 4 Data
Requirements Notice, this Notice, when it becomes a final and
effective order of suspension, will be in addition to any existing
suspension, i.e., all requirements which are the bases of the
suspension must be satisfied before the registration will be
reinstated.
    You are reminded that it is your responsibility as the basic
registrant to notify all supplementary registered distributors of
your basic registered product that this suspension action also
applies to their supplementary registered products and that you may
be held liable for violations committed by your distributors.
    If you have any questions about the requirements and procedures
set forth in this suspension notice or in the subject section
3(c)(2)(B) Data Call-In Notice, please contact Linda S. Propst at
(703) 308-8165.

III. Registrant Receiving and Affected by Notices of Intent to Suspend;
Date of Issuance; Active Ingredient and Products Affected

    The following is a list of products for which a letter of
notification has been sent.

                                           Table 1.--List of Products
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                                 EPA Registration
      Registrant Affected             Number       Active Ingredient     Product Name          Date Issued
----------------------------------------------------------------------------------------------------------------
The Scotts Company              538-160            MCPA               Turf Builder Plus                  4/3/08*
                                                                       2 W/S For Grass
----------------------------------------------------------------------------------------------------------------
The Scotts Company              538-218            MCPA               Scott's Lawn Pro                   4/3/08*
                                                                       Lawn Weed
                                                                       Control Plus
----------------------------------------------------------------------------------------------------------------
The Scotts Company              538-222            MCPA               Scott's Lawn Pro                   4/3/08*
                                                                       Weed N' Feed
----------------------------------------------------------------------------------------------------------------
* The Notice was received by The Scotts Company on April 14, 2008, as evidenced by the signed and dated U.S.
  Postal Service return receipt. The Notice of Intent to Suspend has since become an effective order of
  suspension as of May 14, 2008, as the registrant has neither requested a hearing nor brought its affected
  registrations into compliance within the statutory time period.

IV. Basis for Issuance of Notice of Intent; Requirement List

    The Scotts Company failed to submit the following required data
or information.

                                         Table 2.--List of Requirements
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 OPPTS Harmonized Guideline       Requirement Name          Test Substance              Due Date
----------------------------------------------------------------------------------------------------------------
830.1550                               Product Identity and     TGAI, MP, EP             November 15, 2006
                                        Composition
----------------------------------------------------------------------------------------------------------------
830.1600                               Description of           TGAI, MP, EP             November 15, 2006
                                        Materials Used to
                                        Produce the Product
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830.1620                               Description of           TGAI                     November 15, 2006
                                        Production Process
----------------------------------------------------------------------------------------------------------------
830.1650                               Description of           MP, EP                   November 15, 2006
                                        Formulation Process
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830.1670                               Discussion of Formation  TGAI                     November 15, 2006
                                        Impurities
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830.1700                               Preliminary Analysis     TGAI                     November 15, 2006
----------------------------------------------------------------------------------------------------------------
830.1750                               Certified Limits         TGAI, MP, EP             November 15, 2006
----------------------------------------------------------------------------------------------------------------
830.1800                               Enforcement Analytical   TGAI, MP, EP             November 15, 2006
                                        Method
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830.6302                               Color                    TGAI, MP, EP             November 15, 2006
----------------------------------------------------------------------------------------------------------------
830.6303                               Physical State           TGAI, MP, EP             November 15, 2006
----------------------------------------------------------------------------------------------------------------
830.6304                               Odor                     TGAI, MP, EP             November 15, 2006
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830.6313                               Stability to Sunlight,   TGAI                     November 15, 2006
                                        Normal and Elevated
                                        Temperatures, Metals
                                        and Metal Ions
----------------------------------------------------------------------------------------------------------------
830.6314                               Oxidation/Reduction:     MP, EP                   November 15, 2006
                                        Chemical
                                        Incompatibility
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830.6315                               Flammability/Flame       MP, EP                   November 15, 2006
                                        Extension
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830.6316                               Explodability            MP, EP                   November 15, 2006
----------------------------------------------------------------------------------------------------------------
830.6317                               Storage Stability of     MP, EP                   November 15, 2006
                                        Product
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830.6319                               Miscibility              MP, EP                   November 15, 2006
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830.6320                               Corrosion                MP, EP                   November 15, 2006
                                        Characteristics
----------------------------------------------------------------------------------------------------------------
830.6321                               Dielectric Breakdown     EP                       November 15, 2006
                                        Voltage
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830.7000                               pH of Water Solution or  TGAI, MP, EP             November 15, 2006
                                        Suspensions
830.7100                               Viscosity                MP, EP                   November 15, 2006
----------------------------------------------------------------------------------------------------------------
830.7200                               Melting Point/Melting    TGAI                     November 15, 2006
                                        Range (only required
                                        if product is a solid)
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830.7220                               Boiling Point/Boiling    TGAI                     November 15, 2006
                                        Range (only required
                                        if product is a
                                        liquid)
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830.7300                               Density/Relative         TGAI, MP, EP             November 15, 2006
                                        Density
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870.1100                               Acute Oral Toxicity      TGAI, MP, EP             November 15, 2006
----------------------------------------------------------------------------------------------------------------
870.1200                               Acute Dermal Toxicity    TGAI, MP, EP             November 15, 2006
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870.1300                               Acute Inhalation         TGAI, MP, EP             November 15, 2006
                                        Toxicity
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870.2400                               Acute Eye Irritation     TGAI, MP, EP             November 15, 2006
----------------------------------------------------------------------------------------------------------------
870.2500                               Acute Dermal Irritation  TGAI, MP, EP             November 15, 2006
----------------------------------------------------------------------------------------------------------------
870.2600                               Skin Sensitization       TGAI, MP, EP             November 15, 2006
----------------------------------------------------------------------------------------------------------------
EP = End Use Product
MP = Manufacturing Product
TGAI = Technical Grade Active Ingredient

V. Attachment III Suspension Report-Explanatory Appendix

    A discussion of the basis for the Notices of Intent to Suspend
follows.
    On March 3, 2006, the Agency issued the Phase 5 Reregistration
Eligibility Decision (RED) Data Call-In Notice pursuant to sections
4(g)(2)(B) of FIFRA which required registrants of products containing
MCPA used as an active ingredient to develop and submit certain data.
The data/information was determined to be necessary to satisfy the
reregistration requirements of section 4(g) of FIFRA. Failure to comply
with the requirements of a Phase 5 Reregistration Eligibility Decision
Product Data Call-In Notice (PDCI) is a basis for suspension under
section 3(c)(2)(B) of FIFRA.
    The Scotts Company (Scotts) received the MCPA RED on March 6, 2006
(as evidenced by the signed and dated U.S. Postal Service domestic
return receipt card). They did not respond to the PDCI with the
required 90-day PDCI response for any of the three products, nor with
the required 8-month responses with the required data. A letter from
Linda Propst to Sheila Kendricks of Scotts was sent on November 14,
2006, which indicated that the Agency had not received the required
data by the established due dates. It also stated that if data were not
submitted within 15 days, a Notice of Intent to Suspend would be
initiated. The return receipt for that letter was postmarked on
November 20, 2006. On March 20, 2007, a second letter from Linda Propst
to Sheila Kendricks of Scotts was sent indicating that data had still
not been received and a Notice of Intent to Suspend will be forthcoming
if data were not received in 10 days. The return receipt for that
letter was postmarked on March 27, 2007. That letter was our second and
final attempt to obtain the necessary documentation to support these
products.
    Since neither the required 90-day nor 8-month responses have been
submitted for the MCPA PDCI, this Notice of Intent to Suspend is being
issued.

VI. Conclusions

    EPA issued a Notice of Intent to Suspend on the date indicated and
the Notice of Intent to Suspend was received by the registrant on April
14, 2008. The Notice of Intent to Suspend became an effective
suspension order on May 14, 2008. Any further information regarding
this Notice or the suspension order may be obtained from the contact
person noted above.

List of Subjects

    Environmental protection.

    Dated: November 13, 2008.
Steven Bradbury
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.

[FR Doc. E8-28128 Filed 11-25-08; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 81, Number 115 (Wednesday, June 15, 2016)]
[Proposed Rules]
[Pages 38979-38980]
[FR Doc No: 2016-14116]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6143; Directorate Identifier 2015-NM-028-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); extension of comment
period.

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SUMMARY: This document announces an extension of the comment period for
the above-referenced NPRM, which proposed the adoption of a new
airworthiness directive (AD) for all Airbus Model A300 B4-600, B4-600R,
and F4-600R series airplanes, and Model A300 C4-605R Variant F
airplanes (collectively called Model A300-600 series airplanes), and
Model A310 series airplanes. That NPRM invited comments concerning the
proposed requirement to modify the fuel quantity indicating system
(FQIS) to prevent development of an ignition source inside the center
fuel tank due to electrical fault conditions. This extension of the
comment period is necessary to provide all interested persons an
opportunity to present their views on the proposed requirements of that
NPRM.

DATES: We must receive comments on the NPRM by September 19, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6143; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains the proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2016-6143;
Directorate Identifier 2015-NM-028-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We issued an NPRM to amend 14 CFR part 39 by adding an AD that
would apply to all Airbus Model A300 B4-600, B4-600R, and F4-600R
series airplanes, and Model A300 C4-605R Variant F airplanes
(collectively called Model A300-600 series airplanes), and Model A310
series airplanes. The NPRM published in the Federal Register on May 3,
2016 (81 FR 26493) (``the NPRM''). The NPRM proposed to require
modifying the fuel quantity indicating system (FQIS) to prevent
development of an ignition source inside the center fuel tank due to
electrical fault conditions.
    The NPRM invited comments on regulatory, economic, environmental,
and energy aspects of the proposal.
    The NPRM was prompted by fuel system reviews conducted by the
manufacturer. The actions specified by the NPRM are intended to prevent
ignition sources inside the center fuel tank, which, in combination
with flammable fuel vapors, could result in a fuel tank explosion and
consequent loss of the airplane.

Related Rulemaking

    At the time we issued the NPRM, we issued five other NPRMs that
also proposed to require modification of the FQIS:
     Docket No. FAA-2016-6139, Directorate Identifier 2015-NM-
061-AD, for certain The Boeing Company Model 737-600, -700, -700C, -
800, -900, and -900ER series airplanes.
     Docket No. FAA-2016-6140, Directorate Identifier 2015-NM-
059-AD, for certain The Boeing Company Model 777 airplanes.
     Docket No. FAA-2016-6141, Directorate Identifier 2015-NM-
048-AD, for certain The Boeing Company Model 767 airplanes.
     Docket No. FAA-2016-6144, Directorate Identifier 2015-NM-
088-AD, for certain Airbus Model A318, A319, A320, and A321 airplanes.
     Docket No. FAA-2016-6145, Directorate Identifier 2015-NM-
056-AD, for The Boeing Company Model 747 airplanes.

Actions Since Previous NPRM Was Issued

    Since we issued the NPRM, we have received a request from Airlines
for America (A4A) to extend the comment period for some of the NPRMs
referenced above. A4A stated that the NPRMs are controversial and could
drive substantial costs, especially for cargo airlines. To be able to
prepare informed and meaningful comments with coordinated consensus
among its members, A4A requested a longer comment period to understand
a number of factors, including related service information, data and
safety

analysis of the unsafe condition, and potential costs.
    We agree with the request, and have determined that it is
appropriate to extend the comment period for all of the NPRMs to give
all interested persons additional time to examine the proposed
requirements and submit comments. We have determined that extending the
comment period until September 19, 2016, will not compromise the safety
of the affected airplanes.
    The comment period for Docket No. FAA-2016-6143 closes September
19, 2016.
    Because no other portion of the proposal or other regulatory
information has been changed, the entire proposal is not being
republished.

    Issued in Renton, Washington, on June 8, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-14116 Filed 6-14-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: March 15, 2006 (Volume 71, Number 50)]
[Notices]
[Page 13382]
[DOCID:fr15mr06-103]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-151-000]

Kern River Gas Transmission Company; Notice of Technical
Conference

March 8, 2006.
    Take notice that the Commission will convene a technical conference
on Tuesday, March 21, 2006, at 9:30 a.m. (EST), in a room to be
designated at the offices of the Federal Energy Regulatory Commission,
888 First Street, NE., Washington DC 20426.
    The technical conference will deal with issues related to Kern
River Gas Transmission Company's prior-period adjustments to its gas
compressor fuel and lost and unaccounted for balances, as discussed in
the February 15, 2006 order.\1\
---------------------------------------------------------------------------

    \1\ Kern River Gas Transmission Co., 114 FERC ]61,162 (2006).
---------------------------------------------------------------------------

    FERC conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to<EMAIL_ADDRESS>or call toll free (866) 208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER> with
the required accommodations.
    All interested persons are permitted to attend. For further
information please contact Abraham Silverman at<PHONE_NUMBER> or e-
mail<EMAIL_ADDRESS>
Magalie R. Salas,
Secretary.
[FR Doc. E6-3664 Filed 3-14-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: October 28, 2008 (Volume 73, Number 209)]
[Notices]
[Page 63968-63969]
[DOCID:fr28oc08-61]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP09-9-000]

MMP DeSoto Pipeline, L.P.; Notice of Petition for Declaratory
Order

October 20, 2008.
    Take notice that on October 14, 2008, MMP DeSoto Pipeline, L.P.
(DeSoto), 10077 Grogans Mill Road, Suite 200, The Woodlands, Texas
77380 in Docket No. CP09-9-000, filed a Petition for Declaratory Order,
requesting that the Commission declare that DeSoto's East Texas System
performs a gathering function and is not subject to the Commission's
jurisdiction under the Natural Gas Act (NGA).

    Any person desiring to intervene or to protest this filing 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 indicated below. Anyone filing a
motion to intervene or protest must serve a copy of that document on
the Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the intervention or protest 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 November 14, 2008.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-25619 Filed 10-27-08; 8:45 am]

BILLING CODE 6717-01-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule adderesses a significant number of questions and concerns that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I wish to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is very limited. I have already spent a quite a long time researching these issues, but it takes even more time to craft a well reasoned and concise response that hits all the key points. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I am very passionate about e-cigarettes as an alternative to combustible cigarettes. The Proposed Rule unfairly favors the Big Tobacco industry, benefiting them while cheating most of the current small private e-cigarette related companies, which in turn affects me. The Proposed Rule would violate my right as an individual consumer to choose who I do business with by severely limiting the number of companies allowed to sell e-cigarette related products as a result of the Proposed Rule. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your time and consideration and would be very grateful for an extension to the comment period.


[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)]
[Notices]
[Pages 50938-50939]
[FR Doc No: 2017-23867]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[U.S. DOT Docket No. NHTSA-2017-0087]

Reports, Forms, and Recordkeeping Requirements

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Request for public comment on proposed collection of
information.

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

SUMMARY: Before a Federal agency can collect certain information from
the public, it must receive approval from OMB. Under procedures
established by the Paperwork Reduction Act of 1995, before seeking OMB
approval, Federal agencies must solicit public comment on proposed
collections of information, including extensions and reinstatements of
previously approved collections. This document describes a collection
of information for which NHTSA intends to seek OMB approval.

DATES: Comments must be received on or before January 2, 2018.

ADDRESSES: You may submit comments [identified by DOT Docket No. NHTSA-
2017-0087] by any of the following methods:
     Federal Rulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, between 9 a.m. and 5 p.m. ET, Monday through Friday,
except Federal holidays. Telephone: 1-800-647-5527.
     Fax:<PHONE_NUMBER>.
    Instructions: All submissions must include the agency name and
docket number for this proposed collection of information. Note that
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
Please see the Privacy Act heading below.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://docketsinfo.dot.gov/.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or the street
address listed above. Follow the online instructions for accessing the
dockets.

FOR FURTHER INFORMATION CONTACT: Ms. Laurie Flaherty, Office of
Emergency Medical Services, National Highway Traffic Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Avenue SE., NPD-400, Room W44-322, Washington, DC 20590. (202) 366-
2705. [email protected].

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995,
before an agency submits a proposed collection of information to OMB
for approval, it must publish a document in the Federal Register
providing a 60 day comment period and otherwise consult with members of
the public and affected agencies concerning each proposed collection of
information. The OMB has

promulgated regulations describing what must be included in such a
document. Under OMB's regulations (at 5 CFR 1320.8(d)), an agency must
ask for public comment on the following:
    (i) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
    (ii) The accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
    (iii) How to enhance the quality, utility, and clarity of the
information to be collected; and
    (iv) How to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submissions of responses. In compliance with these requirements, NHTSA
asks public comment on the following proposed collection of
information:
    Title: Medical Directors Workforce Assessment.
    OMB Control Number: N/A.
    Form Number: This collection of information uses no standard forms,
but will utilize a Web-based, data reporting/collection tool.
    Type of Review: New information collection.
    Abstract: With over 50,000 separate Emergency Medical Services
(EMS) agencies and fire departments providing care to millions of
patients each year, a clear description of the training and backgrounds
of those who provide medical direction of EMS services in the U.S. is
surprisingly not available. An estimated 8,500 medical directors serve
20,000 EMS agencies and 30,000 fire departments across the country.
    Public Safety Answering Points that answer 911 calls and provide
emergency medical dispatch, aeromedical services, mass gathering events
such as marathons and concerts, and police departments and their
special operations teams also require medical directors if their
personnel provide emergency care or instruction. Despite a growing
number of trained and now boarded certified EMS physicians, prehospital
medical direction faces several obstacles and unknowns. Currently data
is difficult to identify, but many medical directors are thought to be
from several specialties such as family practice, internal medicine,
and surgery and have little or no EMS experience. In addition,
individuals serving as EMS directors have varying degrees of
involvement with their services. Medical directors' compensation, legal
protections, involvement in research, and education are also largely
unknown.
    Knowing more about the population of EMS medical directors in the
United States would create several benefits. Defining this groups'
demographics, qualifications, number, types and sizes of agencies
served, and their financial compensation and legal protections is
critical to determining trends of employment, identifying professional
and training needs, recognizing barriers for medical directors, and
directing policy and advocacy efforts. Collecting this data is
essential for improving EMS medical direction across the nation and the
National Highway Safety Administration (NHTSA) and other federal
departments would benefit from understanding its prehospital medical
leadership from a national preparedness perspective.
    The goal of the Medical Directors Workforce Assessment is to
investigate and define key attributes of EMS and 911 medical directors
across the United States in order to create a national picture of
prehospital medical direction. The data will be used to establish an
Emergency Medical Services Medical Director Workforce Assessment
(EMSMDWA), which can guide future policy and investment in activities
to support the improvement of preshospital medical direction.
    Affected Public: Under this proposed effort, the respondents would
voluntarily submit data described above utilizing a Web-based data
collection tool. Reporting entities are EMS and 911 Medical Directors
of state and local EMS and 911 systems. The total maximum number of
respondents is estimated 350.
    Estimated Number of Respondents: Under this proposed effort,
several forums and organizations known for medical director involvement
will be targeted by the Office of EMS, to respond to an online survey
being developed by the National Association of EMS Physicians, under
the terms of a cooperative agreement (DTNH22-16-H-00007). The total
number of respondents is estimated at 350. This is a one-time survey
and no annual or second survey is planned at this time.
    Frequency: The reporting entities will be requested to submit data
once, using the described Web-based tool.
    Number of Responses: The total maximum number of responses is
estimated at 350.
    Estimated Total Burden: NHTSA estimates that the time required to
submit the data described utilizing the Web-based tool will be one hour
(no advance preparation, one hour of entry to Web site) per reporting
entity, for a total of 350 hours for all entities. The respondents
would not incur any reporting costs from the information collection
beyond the time it takes to populate the Web-based data collection
tool. The respondents also would not incur any recordkeeping burden or
recordkeeping costs from the information collection.
    The total estimated costs to respondents or record-keepers are
based on the following:
     The total hour burden of the collection of information
equaling 350 hours.
     Respondents will be EMS and 911 Medical Directors at of
State, local, territorial, and tribal EMS and 911 systems. To estimate
reasonable staff expenses to respond to this information collection,
the Agencies reviewed the Bureau of Labor Statistics (BLS) Occupational
Outlook Handbook and determined that the Physicians and Surgeons
description closely aligns with the positions of personnel responsible
for completing this request. BLS lists a median salary of $208,000 per
year amounting to $100.00 per hour. There are no capital, start-up, or
annual operation and maintenance costs involved in the collection of
information.
     Total cost based on hour's burden equals $35,000.00.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for the Department's
performance; (b) the accuracy of the estimated burden; (c) ways for the
Department to enhance the quality, utility and clarity of the
information collection; and (d) ways that the burden could be minimized
without reducing the quality of the collected information. The agency
will summarize and/or include your comments in the request for OMB's
clearance of this information collection.

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended; and 49 CFR 1:48.

    Issued in Washington, DC, on October 30, 2017.
Jeff Michael,
Associate Administrator, Research and Program Development.
[FR Doc. 2017-23867 Filed 11-1-17; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register Volume 85, Number 93 (Wednesday, May 13, 2020)]
[Notices]
[Page 28686]
[FR Doc No: 2020-10262]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88842; File No. 265-30]

Fixed Income Market Structure Advisory Committee

AGENCY: Securities and Exchange Commission.

ACTION: Notice of meeting.

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

SUMMARY: Notice is being provided that the Securities and Exchange
Commission Fixed Income Market Structure Advisory Committee will hold a
public meeting on Monday, June 1, 2020, by remote means. The meeting
will begin at 9:30 a.m. (ET) and will be open to the public via webcast
on the Commission's website at www.sec.gov. Persons needing special
accommodations to take part because of a disability should notify the
contact person listed below. The public is invited to submit written
statements to the Committee. The meeting will include panel discussions
and potential recommendations from the subcommittees, including
potential recommendations concerning internal fund crosses and credit
ratings, as well as a panel discussing the role of bond pricing
services.

DATES: The public meeting will be held on June 1, 2020. Written
statements should be received on or before May 26, 2020.

PLACES: The meeting will be held by remote means and webcast on
www.sec.gov. Written statements may be submitted by any of the
following methods. To help us process and review your statement more
efficiently, please use only one method. At this time, electronic
statements are preferred.

Electronic Statements

     Use the Commission's internet submission form (http://www.sec.gov/rules/other.shtml); or
     Send an email message to<EMAIL_ADDRESS>Please
include File Number 265-30 on the subject line; or

Paper Statements

     Send paper statements in triplicate to Vanessa A.
Countryman, Federal Advisory Committee Management Officer, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File No. 265-30. This file number
should be included on the subject line if email is used. The Commission
will post all statements on the Commission's internet website at http://www.sec.gov/comments/265-30/265-30.shtml.
    Statements also will be available for website viewing and printing
in the Commission's Public Reference Room, 100 F Street NE, Room 1580,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. For up-to-date information on the availability
of the Public Reference Room, please refer to https://www.sec.gov/fast-answers/answerspublicdocshtm.html or call<PHONE_NUMBER>.
    All statements received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly.

FOR FURTHER INFORMATION CONTACT: David Dimitrious, Senior Special
Counsel, at<PHONE_NUMBER>, or Arisa Kettig, Special Counsel, at (202)
551-5676, Division of Trading and Markets, Securities and Exchange
Commission, 100 F Street NE, Washington, DC 20549-7010.

SUPPLEMENTARY INFORMATION: In accordance with Section 10(a) of the
Federal Advisory Committee Act, 5 U.S.C.-App. 1, and the regulations
thereunder, Brett Redfearn, Designated Federal Officer of the
Committee, has ordered publication of this notice.

    Dated: May 8, 2020.
Vanessa A. Countryman,
Committee Management Officer.
[FR Doc. 2020-10262 Filed 5-12-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 216 (Thursday, November 7, 2013)]
[Notices]
[Page 66986]
[FR Doc No: 2013-26715]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2013-51]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Title 14, Code of Federal Regulations
(14 CFR). The purpose of this notice is to improve the public's
awareness of, and participation in, this aspect of the FAA's regulatory
activities. Neither publication of this notice nor the inclusion or
omission of information in the summary is intended to affect the legal
status of the petition or its final disposition.

DATE: Comments on this petition must identify the petition docket
number involved and must be received on or before November 27, 2013.

ADDRESSES: You may send comments identified by docket number FAA-2011-
0883 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments digitally.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review the
DOT's complete Privacy Act Statement in the Federal Register published
on April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mark Forseth, ANM-113,<PHONE_NUMBER>,
Federal Aviation Administration, 1601 Lind Avenue SW., Renton, WA
98057-3356, or Andrea Copeland, ARM-208, Office of Rulemaking, Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591; email<EMAIL_ADDRESS>(202) 267-8081.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on November 4, 2013.
Brenda Courtney,
Acting Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2011-0883.
    Petitioner: The Boeing Company.
    Section of 14 CFR Affected:

Sec.  25.809(a).

    Description of Relief Sought:
    Petitioner seeks an amendment to Exemption No. 10376, which permits
relief from the requirements that passenger emergency exits have a
means to view outside conditions under all lighting situations for
certain Boeing Model 747-8 series airplanes for upper-deck passenger
exits, and the main-deck exits located at doors 1, 2, 4 and 5. The
amendment would extend the relief to all Boeing 747-8 airplanes
manufactured before production line 1499, regardless of the actual
airplane delivery date.

[FR Doc. 2013-26715 Filed 11-6-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Rules and Regulations]
[Pages 59749-59751]
[FR Doc No: 2012-24183]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0886]
RIN 1625-AA00

Safety Zone; Submarine Cable Installation Project; Chicago River,
Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Chicago River near Chicago, Illinois. This zone is intended to restrict
vessels from a portion of the Chicago River due to the installation of
submarine cables in the vicinity of both the West Adams Street and West
Jackson Boulevard bridges. This temporary safety zone is necessary to
protect the surrounding public and vessels from the hazards associated
with the installation of submarine cables in the vicinity of both the
West Adams Street and West Jackson Boulevard bridges.

DATES: This rule will be effective between 4 a.m. on September 28, 2012
and 5 p.m. on October 5 and 8, 2012.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0886 and are available online
by going to http://www.regulations.gov, inserting USCG-2012-0886 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 rule, contact or email MST1 Joseph McCollum, U.S. Coast Guard
Sector Lake Michigan, at<PHONE_NUMBER> or<EMAIL_ADDRESS>If
you have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and 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 doing so would be impracticable and
contrary to the public interest. The final details for this event were
not known to the Coast Guard until there was insufficient time
remaining before the event to publish an NPRM. Thus, delaying the
effective date of this rule to wait for a comment period to run would
be both impracticable and contrary to the public interest because it
would inhibit the Coast Guard's ability to protect vessels from the
hazards associated with the installation of cable into the Chicago
River, which are discussed further below.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.

B. Basis and Purpose

    Between September 28, 2012 and October 8, 2012 John Burns
Construction Company will be installing submarine cables beneath the
waters of the Chicago River at both the West Adams Street and West
Jackson Boulevard bridges. The Captain of the Port, Sector Lake
Michigan, has determined that this cable installation project will pose
a significant risk to public safety and property. Such hazards include
collisions between contractors and vessel traffic, and the striking of
keels and propellers against cable lines.

C. Discussion of Rule

    With the aforementioned hazards in mind, the Captain of the Port,
Sector Lake Michigan, has determined that this temporary safety zone is
necessary to ensure the safety of vessels during the installation. This
zone will be enforced between 4 a.m. and 5 p.m. on September 28, 2012
and October 5, and 8, 2012.
    The safety zone will encompass all waters of the Chicago River in
the vicinity of the West Adams Street and West Jackson Boulevard
bridges.
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port, Sector Lake
Michigan, or his designated on-scene representative. The Captain of the
Port or his designated on-scene representative may be contacted via VHF
Channel 16.

D. 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.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). We conclude that this rule is
not a significant regulatory action because we anticipate that it will
have minimal impact on the economy, will not interfere with other
agencies, will not adversely alter the budget of any grant or loan
recipients, and will not raise any novel legal or policy issues. The
safety zone created by this rule will be relatively small and enforced
for a relatively short time. Also, the safety zone is designed to
minimize its impact on navigable waters. Under certain conditions,
moreover, vessels may still transit through the safety zone when
permitted by the Captain of the Port.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The 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 will affect the following entities, some of which might
be small entities: the owners or operators of vessels intending to
transit or anchor in a portion of the Chicago River, Chicago, IL on
September 28, and October 5 and 8, 2012.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
safety zone would be activated, and thus subject to enforcement, for
only 3 days. Traffic may be allowed to pass through the zone with the
permission of the Captain of the Port. The Captain of the Port can be
reached via VHF channel 16. Before the activation of the zone, we would
issue local Broadcast Notice to Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
    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.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and

determined that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. 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 determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone and,
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

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

0
2. Add Sec.  165.T09-0886 to read as follows:

Sec.  165.T09-0886  Safety Zone; Submarine Cable Installation Project,
Chicago River, Chicago, IL.

    (a) Location. The safety zone will encompass all waters of the
Chicago River (South Branch) in the vicinity of the West Adams Street
and West Jackson Boulevard bridges.
    (b) Effective and enforcement period. This regulation is effective
and will be enforced between 4 a.m. and 5 p.m. on September 28, 2012
and October 5 and 8, 2012. If the Captain of the Port elects to suspend
enforcement of this safety zone before its effectiveness expires, he
will make the public aware of such suspension via a local Broadcast
Notice to Mariners.
    (c) Regulations. (1) In accordance with the general regulations in
section 165.23 of this part, entry into, transiting, or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port, Sector Lake Michigan or his designated on-scene
representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Sector Lake Michigan or his
designated on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port,
Sector Lake Michigan is any Coast Guard commissioned, warrant or petty
officer who has been designated by the Captain of the Port, Sector Lake
Michigan to act on his behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Sector Lake Michigan or his
on-scene representative to obtain permission to do so. The Captain of
the Port, Sector Lake Michigan or his on-scene representative may be
contacted via VHF Channel 16. Vessel operators given permission to
enter or operate in the safety zone must comply with all directions
given to them by the Captain of the Port, Sector Lake Michigan, or his
on-scene representative.

    Dated: September 21, 2012.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2012-24183 Filed 9-27-12; 4:15 pm]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 206 (Friday, October 23, 2020)]
[Notices]
[Pages 67574-67576]
[FR Doc No: 2020-23456]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90219; File No. SR-FINRA-2020-036]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Extend the Pilot Program Related to FINRA Rule
11892 (Clearly Erroneous Transactions in Exchange-Listed Securities)

October 19, 2020.
    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 October 16, 2020, the Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by FINRA. 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to extend the current pilot program related to
FINRA Rule 11892 (Clearly Erroneous Transactions in Exchange-Listed
Securities) (``Clearly Erroneous Transaction Pilot'' or ``Pilot'')
until April 20, 2021.
    The text of the proposed rule change is available on FINRA's
website at http://www.finra.org, at the principal office of FINRA 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, FINRA 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. FINRA 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
    FINRA is proposing a rule change to extend the current pilot
program related to FINRA Rule 11892 governing clearly erroneous
transactions in exchange-listed securities until the close of business
on April 20, 2021. Extending the Pilot would provide FINRA and the
national securities exchanges additional time to consider a permanent
proposal for clearly erroneous transaction reviews.
    On September 10, 2010, the Commission approved, on a pilot basis,
changes to FINRA Rule 11892 that, among other things: (i) Provided for
uniform treatment of clearly erroneous transaction reviews in multi-
stock events involving twenty or more securities; and (ii) reduced the
ability of FINRA to deviate from the objective standards set forth in
the rule.\3\ In 2013, FINRA adopted a provision designed to address the
operation of the Plan to Address Extraordinary Market Volatility
Pursuant to Rule 608 of Regulation NMS (``Plan'').\4\ Finally, in 2014,
FINRA adopted two additional provisions addressing (i) erroneous
transactions that occur over one or more trading days that were based
on the same fundamentally incorrect or grossly misinterpreted
information resulting in a severe valuation error; and (ii) a
disruption or malfunction in the operation of the facilities of a self-
regulatory organization or responsible single plan processor in
connection with the transmittal or receipt of a trading halt.\5\
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    \3\ See Securities Exchange Act Release No. 62885 (September 10,
2010), 75 FR 56641 (September 16, 2010) (Order Approving File No.
SR-FINRA-2010-032).
    \4\ See Securities Exchange Act Release No. 68808 (February 1,
2013), 78 FR 9083 (February 7, 2013) (Notice of Filing and Immediate
Effectiveness of File No. SR-FINRA-2013-012).
    \5\ See Securities Exchange Act Release No. 72434 (June 19,
2014), 79 FR 36110 (June 25, 2014) (Order Approving File No. SR-
FINRA-2014-021).
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    On April 9, 2019, FINRA filed a proposed rule change to untie the

effectiveness of the Clearly Erroneous Transaction Pilot from the
effectiveness of the Plan, and to extend the Pilot's effectiveness to
the close of business on October 18, 2019.\6\ On October 18, 2019,
FINRA filed a proposed rule change to extend the Pilot's effectiveness
until April 20, 2020.\7\ On March 27, 2020, FINRA filed a proposed rule
change to extend the pilot's effectiveness until October 20, 2020.\8\
FINRA now is proposing to further extend the Pilot until April 20,
2021, so that market participants can continue to benefit from the more
objective clearly erroneous transaction standards under the Pilot.\9\
Extending the Pilot also would provide more time to permit FINRA and
the other self-regulatory organizations to consider what changes, if
any, to the clearly erroneous transaction rules are appropriate.\10\
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    \6\ See Securities Exchange Act Release No. 85612 (April 11,
2019), 84 FR 16107 (April 17, 2019) (Notice of Filing and Immediate
Effectiveness of File No. SR-FINRA-2019-011).
    \7\ See Securities Exchange Act Release No. 87344 (October 18,
2019), 84 FR 57076 (October 24, 2019) (Notice of Filing and
Immediate Effectiveness of File No. SR-FINRA-2019-025).
    \8\ See Securities Exchange Act Release No. 88495 (March 27,
2020), 85 FR 18608 (April 2, 2020) (Notice of Filing and Immediate
Effectiveness of File No. SR-FINRA-2020-008).
    \9\ If the pilot period is not either extended or approved as
permanent, the version of Rule 11892 prior to SR-FINRA-2010-032
shall be in effect, and the amendments set forth in SR-FINRA-2014-
021 and the provisions of Supplementary Material .03 of the rule
shall be null and void.
    \10\ See Securities Exchange Act Release No. 85623 (April 11,
2019), 84 FR 16086 (April 17, 2019) (Order Approving the Eighteenth
Amendment to the National Market System Plan to Address
Extraordinary Market Volatility).
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    FINRA has filed the proposed rule change for immediate
effectiveness and has requested that the SEC waive the requirement that
the proposed rule change not become operative for 30 days from the date
of filing, so that FINRA can implement the proposed rule change
immediately.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\11\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change promotes
just and equitable principles of trade in that it promotes transparency
and uniformity across markets concerning the review of transactions as
clearly erroneous. FINRA believes that extending the Pilot under FINRA
Rule 11892, until April 20, 2021, would help assure consistent results
in handling erroneous trades across the U.S. equities markets, thus
furthering fair and orderly markets, the protection of investors and
the public interest. Based on the foregoing, FINRA believes the Clearly
Erroneous Transaction Pilot should continue to be in effect while FINRA
and the national securities exchanges consider a permanent proposal for
clearly erroneous transaction reviews.
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    \11\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The proposal would ensure the
continued, uninterrupted operation of harmonized clearly erroneous
transaction rules across the U.S. equities markets while FINRA and the
national securities exchanges consider further amendments to these
rules. FINRA understands that the national securities exchanges also
will file similar proposals to extend their clearly erroneous execution
pilot programs, as applicable. Thus, the proposed rule change will help
to ensure consistency across market centers without implicating any
competitive issues.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change 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, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its 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.
FINRA has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \14\ normally
does not become operative prior to 30 days after the date of the
filing. However, Rule 19b-4(f)(6)(iii) \15\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. FINRA has asked the
Commission to waive the 30-day operative delay so that the proposed
rule change may become effective and operative immediately upon filing.
The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest, as
it will allow the current clearly erroneous execution pilot program to
continue uninterrupted, without any changes, while FINRA and the other
national securities exchanges consider a permanent proposal for clearly
erroneous execution reviews. For this reason, the Commission hereby
waives the 30-day operative delay and designates the proposed rule
change as operative upon filing.\16\
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    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the 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. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or 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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2020-036 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-FINRA-2020-036. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of FINRA. All comments received
will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-FINRA-2020-036 and should be submitted
on or before November 13, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-23456 Filed 10-22-20; 8:45 am]
BILLING CODE 8011-01-P