[Federal Register Volume 79, Number 55 (Friday, March 21, 2014)]
[Notices]
[Pages 15780-15782]
[FR Doc No: 2014-06187]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71725; File No. SR-NSCC-2014-03]

Self-Regulatory Organizations; National Securities Clearing
Corporation (``NSCC''); Notice of Filing of Proposed Rule Change To
Enhance the System That Processes Corporate Actions Within NSCC's
Continuous Net Settlement (``CNS'') System

March 14, 2014.
    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 March 6, 2014, National Securities Clearing Corporation (``NSCC'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II and III below, which
Items have been prepared by NSCC. 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. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The proposed rule change consist [sic] of amendments to the Rules &
Procedures (``Rules'') of NSCC to enhance the system that processes
corporate actions within NSCC's Continuous Net Settlement (``CNS'')
system, as more fully described below.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, NSCC 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. NSCC has prepared summaries, set forth in sections A, B
and C below, of the most significant aspects of such statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

1. Purpose
    NSCC has recently enhanced the system that applies corporate
actions to Members' open failed positions within CNS. While the
enhancements to corporate action processing would not require NSCC
Members to make any coding changes, NSCC is proposing to update
Procedure VII of its Rules in order to reflect these enhancements.
    One of NSCC's core service as a central counterparty is trade
clearance and settlement through CNS, where compared and recorded
transactions in eligible securities \3\ for a particular settlement
date are netted by issue into one net long (buy) or net short (sell)
position. As a continuous net system, those positions are further
netted with positions of the same issue that remain open after their
originally scheduled settlement date (usually T+3), so that trades
scheduled to settle on any day are netted with fail positions to result
in a single deliver or receive obligation for each Member for each
issue in which it has activity. As part of the services offered to NSCC
Members, certain corporate actions, including cash dividends, stock
dividends, bond interest, and other mandatory corporate actions (which
include redemptions, stock and cash mergers, and name changes) are
automatically debited or credited to Member's CNS accounts with open
fail positions in CNS. Members are also permitted to take part in
certain voluntary corporate actions, which include tender or exchange
offers, with respect to open fail positions in CNS.
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    \3\ To be CNS-eligible, a security must be eligible for book-
entry transfer on the books of The Depository Trust Company
(``DTC''), an NSCC affiliate, and must be capable of being processed
in the CNS system; for example, securities may be ineligible for CNS
processing due to certain transfer restrictions (i.e., 144A
securities) or due to the pendency of certain corporate actions.
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    Enhancements to the processing of corporate actions within CNS,
described below, would provide Members with more timely and detailed
information regarding applicable corporate action events, would support
additional corporate action events, and would provide short Members
(i.e. Members that have failed to deliver securities to CNS) with
information on their final liability on the same day that liability is
applied to their CNS account. The proposed enhancements would also
provide NSCC staff with an improved ability to monitor and process
voluntary corporate action events. These enhancements are reflected in
the proposed rule changes on Exhibit 5 \4\ hereto and are described
below.
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    \4\ See Exhibit 5 of the Proposed Rule Change Filing, available
at http://www.sec.gov/rules/sro/nscc.shtml under File No. SR-NSCC-
2014-04, Additional Materials.
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Optional Dividends

    When a fail position in CNS is subject to a dividend payment, the
issuer will specify the form in which that dividend will be paid (i.e.
in securities or cash), called the ``default option''. NSCC long
Members (i.e. Members that have failed to receive securities from CNS)
may elect a form of payment that differs from the default option by
submitting an instruction to NSCC no later than a pre-set date and cut-
off time. While these elections are submitted manually today, under the
enhancements to the processing of corporate actions, these elections
would be submitted to NSCC electronically.
    Today, NSCC sets a cut-off time that is based on the cut-off time
set by DTC for the submission of these instructions.

Going forward, NSCC would set the date and cut-off time that is earlier
than the DTC cut-off time, to provide the short Member with additional
time to communicate that election to their counterparty.
    NSCC's Procedure VII, Section G.4 would be updated as marked in
Exhibit 5 hereto to reflect these changes.

Support ``Offer To Consent'' Tender/Exchange Offers

    Today, if a fail position in CNS is subject to a tender or exchange
offer that includes an ``offer to consent'', in order to participate in
that tender or exchange offer the open fail position would be closed
and exited out of CNS, and would settle directly between counterparties
outside of CNS. The proposed enhancements would permit NSCC Members
with fail positions in CNS to participate in tender or exchange offers
that include an ``offer to consent'' within CNS.
    Under the proposed Rule changes, CNS would support tender/exchange
offers that include an ``an offer to consent''. These corporate actions
were not previously processed by NSCC in CNS. NSCC's Procedure VII,
Section H.4 would be updated as marked in Exhibit 5 hereto to reflect
this change.\5\
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    \5\ Id.
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Protect Submission and Liability Notification

    Currently, the cut-off time for a long Member to place a
``protect'' on an open fail position in CNS in order to participate in
an upcoming corporate action, or to add shares to a voluntary corporate
action, is either on the business day prior to ``protect'' expiration
date or, when there is no ``protect'' for that corporate action, on the
business day prior to the expiration date of the corporate action.
Today, because long Members may incur additional costs for failing to
meet these deadlines, NSCC staff today may, in its discretion and on a
best efforts basis, may accept and process these instructions either on
the ``protect'' expiration or on the expiration date of the corporate
action.
    Under the proposed enhancements, NSCC Members would submit these
instructions to NSCC electronically, and, for a fee of US $500.00, NSCC
Members would be permitted to submit instructions to place a
``protect'' on an open fail position in CNS in order to participate in
an upcoming corporate action, or to add shares to a voluntary corporate
action either on ``protect'' expiration date or, when there is no
``protect'' for that corporate action, on the expiration date of the
corporate action.
    NSCC's Procedure VII, Section H.4 (b), including the table in that
Section, would be updated as marked in Exhibit 5 \6\ hereto to reflect
this change.
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    \6\ Id.
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Final Liability and Final Protection Notification

    Today, CNS will alert a short Member of their final assigned
liability with respect to voluntary corporate actions either on the
business day after ``protect'' expiration date for that corporate
action or, when there is no ``protect'' for that corporate action, on
the business day after the expiration date of the corporate action.
    Under the proposed Rule changes, CNS would alert the short Member
of their assigned final liability no later than the close of business
on the same business day the final liability is assigned to that Member
by CNS. The proposed Rule change would also make clear that long
Members would be notified that their fail positions in CNS would be
subject to the protection for that corporate action no later than the
close of business on the same business day the final protection is
assigned to that Member by CNS.
    NSCC's Procedure VII, Section H.4(b), including the table in that
Section, would be updated as marked in Exhibit 5 \7\ hereto to reflect
this change.
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    \7\ Id.
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SMART/Track for CNS Corporate Actions

    Under the proposed Rule changes, Members would submit instructions
to participate in a voluntary reorganization and would access all
corporate action processing output data through SMART/Track for CNS
Corporate Actions, which is available within the SMART/Track for
Corporate Action Liability Notification Service. The output data, which
today is delivered to Members through files and reports, would be
visible through on-line screens with search options and filters.
    NSCC's Procedure VII, Section H.4 would be updated as marked in
Exhibit 5 \8\ hereto to remove reference to the existing files and
reports.
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    \8\ Id.
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Restriction on Movement of Positions Between CNS Sub-Accounts

    Under the proposed enhancements, when a voluntary reorganization is
being processed on a security, CNS would no longer permit the movement
of positions for that security between non-reorganization sub-accounts
(which include, for example, the CNS General Account and the CNS Fully-
Paid-For Account) either on the ``protect'' expiration date, or, when
there is no ``protect'' for that voluntary reorganization, on the
expiration date of the voluntary reorganization.
    In order to make this change, NSCC's Procedure VII, Section H.4(b)
would be updated as marked in Exhibit 5.\9\
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    \9\ Id.
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Additional Rule Changes

    In addition to the enhancements described above, NSCC is proposing
to amend Procedure VII, Section H.4(b) to make clear that the Rules are
drafted assuming the processing of subject securities with a protect
period of three days, and the table included in that section sets forth
the time frames for processing of subject securities with a protect
period of two days or less. As such, NSCC would amend Sections G and H
of Procedure VII (CNS Accounting Operation), as described above and as
reflected in Exhibit 5 hereto.

Implementation Timeframe

    Subject to approval of this filing, NSCC proposes to implement the
proposed rule changes in multiple phases during 2014. Pending
Commission approval, Members will be advised of the implementation
dates of the proposed rule changes through issuance of an NSCC
Important Notice.
2. Statutory Basis
    NSCC believes the proposed rule change is consistent with the
requirements of the Securities Exchange Act of 1934 (``Act'') and the
rules and regulations thereunder applicable to NSCC, in particular
Section 17A(b)(3)(F) of the Act,\10\ which requires that NSCC's Rules
be designed to promote the prompt and accurate clearance and settlement
of securities transactions. By providing for greater efficiency and
automation with respect to processing corporate actions applicable to
open failed positions within CNS, the proposed rule change promotes the
prompt and accurate clearance and settlement of securities
transactions.
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    \10\ 15 U.S.C. 78q-1(b)(3)(F).
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(B) Clearing Agency's Statement on Burden on Competition

    NSCC does not believe that the proposed rule change will have any
impact, or impose any burden on competition.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants, or Others

    Written comments relating to the proposed rule change have not yet
been solicited or received. NSCC will notify the Commission of any
written comments received by NSCC.

III. Date of Effectiveness of the Proposed Rule Change, [sic] and
Timing for Commission Action

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-NSCC-2014-03 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 No. SR-NSCC-2014-03. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filings also will be available
for inspection and copying at the principal office of NSCC and on
NSCC's Web site at (http://www.dtcc.com/).
    All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File No. SR-NSCC-2014-03 and
should be submitted on or before April 11, 2014.
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    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-06187 Filed 3-20-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)]
[Notices]
[Page 51294]
[FR Doc No: 2015-20885]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4219-DR; Docket ID FEMA-2015-0002]

West Virginia; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for State of West Virginia (FEMA-4219-DR), dated May 14, 2015, and
related determinations.

DATES: Effective Date: August 5, 2015.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Regis L.
Phelan, of FEMA is appointed to act as the Federal Coordinating Officer
for this disaster.
    This action terminates the appointment of Kari Suzann Cowie as
Federal Coordinating Officer for this disaster.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2015-20885 Filed 8-21-15; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: November 10, 2005 (Volume 70, Number 217)]
[Notices]
[Page 68428]
[DOCID:fr10no05-92]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2114]

Public Utilities District No. 2 of Grant County, WA; Notice of
Authorization for Continued Project Operation

November 2, 2005.
    On October 29, 2003, Public Utilities District No. 2 of Grant
County, Washington, licensee for the Project No. 2114, filed an
application for a new or subsequent license pursuant to the Federal
Power Act (FPA) and the Commission's regulations. Project No. 2114 is
located on the Columbia River, in Grant, Yakima, Kittitas, Douglas,
Benton, and Chelan Counties, Washington.
    The license for Project No. 2114 was issued for a period ending
October 31, 2005. Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1),
requires the Commission, at the expiration of a license term, to issue
from year to year an annual license to the then licensee under the
terms and conditions of the prior license until a new license is
issued, or the project is otherwise disposed of as provided in section
15 or any other applicable section of the FPA. If the project's prior
license waived the applicability of section 15 of the FPA, then, based
on section 9(b) of the Administrative Procedure Act, 5 U.S.C. 558(c),
and as set forth at 18 CFR 16.21(a), if the licensee of such project
has filed an application for a subsequent license, the licensee may
continue to operate the project in accordance with the terms and
conditions of the license after the minor or minor part license
expires, until the Commission acts on its application. If the licensee
of such a project has not filed an application for a subsequent
license, then it may be required, pursuant to 18 CFR 16.21(b), to
continue project operations until the Commission issues someone else a
license for the project or otherwise orders disposition of the project.
    If the project is subject to section 15 of the FPA, notice is
hereby given that an annual license for Project No. 2114 is issued to
Public Utilities District No. 2 of Grant County, Washington for a
period effective November 1, 2005 through October 31, 2006, or until
the issuance of a new license for the project or other disposition
under the FPA, whichever comes first. If issuance of a new license (or
other disposition) does not take place on or before October 1, 2006,
notice is hereby given that, pursuant to 18 CFR 16.18(c), an annual
license under Section 15(a)(1) of the FPA is renewed automatically
without further order or notice by the Commission, unless the
Commission orders otherwise.
    If the project is not subject to section 15 of the FPA, notice is
hereby given that Public Utilities District No. 2 of Grant County,
Washington is authorized to continue operation of the Priest Rapids
Project No. 2114 until such time as the Commission acts on its
application for subsequent license.

Magalie R. Salas,
Secretary.
[FR Doc. E5-6189 Filed 11-9-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: July 24, 2006 (Volume 71, Number 141)]
[Notices]
[Page 41852-41853]
[DOCID:fr24jy06-126]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54163; File No. SR-NSCC-2006-06]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to Enhancements to ACATS-Fund/SERV Processing
Capabilities

July 17, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on May 30, 2006, the National
Securities Clearing Corporation (``NSCC'') filed with the Securities
and Exchange Commission (``Commission'') the proposed rule change
described in Items I, II, and III below, which items have been prepared
primarily by NSCC. NSCC filed the proposed rule change pursuant to
Section 19(b)(3)(A)(iii) of the Act \2\ and Rule 19b-4(f)(4) thereunder
\3\ so that the proposal was effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested parties.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \3\ 17 CFR 240.19b-4(f)(4).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The proposed rule change would modify NSCC's Rules to enhance the
Automated Customer Account Transfer Service (``ACATS'') processing
capabilities for NSCC members that outsource some or all of their
mutual fund processing services.

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

    In its filing with the Commission, NSCC 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. NSCC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\4\
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    \4\ The Commission has modified the text of the summaries
prepared by NSCC.
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(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    The proposed rule change would modify NSCC's Rules to enhance the
ACATS processing capabilities for NSCC members that outsource some or
all of their mutual fund processing services.
    ACATS enables members of NSCC to effect automated transfers of
customer accounts among themselves.\5\ In operation since 1985, ACATS
was designed to facilitate compliance with New York Stock Exchange
(``NYSE'') and National Association of Securities Dealers (``NASD'')
rules that require NYSE and NASD members to use clearing agency
automated customer account transfer services and to effect customer
account transfers within specified time frames.\6\ In 1989, ACATS was
enhanced to permit the automated transfer of book share mutual fund
assets for mutual funds associated with NSCC fund members and mutual
fund processors (``ACATS-Fund/SERV''). In an account transfer
containing eligible book share mutual fund assets, account
reregistration information is routed from the NSCC member through ACATS
to fund members through ACATS-Fund/SERV.
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    \5\ NSCC Rule 50.
    \6\ NYSE Rule 412 and NASD Uniform Practice Code Section 11870.
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The Current Process
    In a standard ACATS transfer, the member receiving the customer
account initiates the account transfer by electronically submitting
data from the Transfer Initiation Form to NSCC. The account status then
moves to ``request'' status, during which time the member delivering
the customer account may validate the transfer by submitting to NSCC a
detailed listing of the account assets or may reject the transfer. By
submitting the asset listing, the delivering member acknowledges the
transfer, and the status changes from ``request'' to ``review.''
    During the review status, the receiving member examines the
account/assets for creditworthiness, etc., while the delivering member
reviews the account to ensure the assets are properly listed. If mutual
fund assets are listed, the receiving member submits a fund
registration input record through ACATS. The purpose of this record is
to request that the delivering member reregister the mutual fund assets
in the name of the receiving member. During this process, the account
status then progresses to ``sett prep.''
    At the beginning of sett prep, the fund registration input record
is sent through ACATS-Fund/SERV to the delivering member which must
either reject or acknowledge the reregistration request in accordance
with the provisions of NSCC's Rules. During the sett prep stage, the
account is frozen in ACATS (i.e., no adjustments or rejects are
permitted) and the following business day the transfer status moves to
``settle close,'' and the account transfer settles. At this time, NSCC
moves continuous net settlement (``CNS'')-eligible securities into CNS,
and for all non-CNS-eligible positions (such as mutual fund assets) and
cash balances, the asset value is debited to the delivering member and
credited to the receiving member.
Proposed Modification
    NSCC understands that a number of its members outsource or are
seeking to outsource some or all of their mutual fund processing using
the services of some third party such as another broker-dealer or a
bank or trust company. NSCC believes that the outsourcing has or will
cause processing issues with regard to mutual fund assets that are part
of an ACATS transfer because it is the third party processing entity
and not the NSCC receiving member that has or will have the direct
contractual relationship with the delivering member. Currently, the
NSCC receiving member (and not its third party processing entity) is
identified on account transfer/registration instructions. Therefore, if
the receiving member uses a third party processing entity, the
delivering member will reject such request/instructions. In these
instances, all transfers of customer positions in eligible mutual funds
would need to be processed manually and affected members would be
unable to benefit from the efficiency of automated transfers through
ACATS.
    To accommodate these members, NSCC proposes modifying Section 16 of
Rule 52 (Mutual Fund Services) to permit one NSCC member to appoint
another NSCC member or a Mutual Fund/Insurance Services Member as its
ACATS-Fund/SERV Agent with regard to the reregistration of eligible
mutual fund assets.
    There will be no change to the ACATS process or to the requirements
and obligations of ACATS receiving members and delivering members. An
ACATS-Fund/SERV Agent must be another NSCC member or Mutual Fund/
Insurance Services Member. An ACATS-Fund/SERV Agent may act on behalf
of multiple NSCC members, but

each member may designate only one ACATS-Fund/SERV Agent.
    A member must notify NSCC of its designation of an ACATS-Fund/SERV
Agent in such form and within such timeframe as is acceptable to NSCC,
and the ACATS-Fund/SERV Agent must acknowledge to NSCC its consent to
this designation. The receiving member must acknowledge to NSCC that
the receiving member shall at all times continue to be responsible for
all provisions of NSCC's Rules, specifically with regard to ACATS and
ACATS-Fund/SERV transactions, including any and all actions taken by
its ACATS-Fund/SERV Agent.
    NSCC will maintain a relationship table of those members that
designate an ACATS-Fund/SERV Agent. In instances where an ACATS-Fund/
SERV Agent has been appointed, NSCC will substitute the receiving
member's clearing number and member name on registration/transfer
instructions transmitted to the delivering member with those of the
ACATS-Fund/SERV Agent. Conversely, on acknowledgements/instructions
from the delivering member, NSCC will replace the ACATS-Fund/SERV
Agent's clearing number and member name with those of the receiving
member. No additional ACATS or ACATS-Fund/SERV fees will be incurred in
connection with this process.
    NSCC believes that the proposed rule change is consistent with the
requirements of Section 17A of the Act \7\ and the rules thereunder
because it will further automate and facilitate the customer account
transfer process, which can be expected to reduce processing errors and
delays that are typically associated with manual processes. These
changes would foster cooperation and coordination with persons engaged
in account transfers and furthers the protection of investors and the
public interest.
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    \7\ 15 U.S.C. 78q-1.
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    NSCC does not believe that the proposed rule change would impose
any burden on competition.

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

    Written comments relating to the proposed rule change have not yet
been solicited or received. NSCC will notify the Commission of any
written comments received by NSCC.

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

    The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A)(iii) of the Act \8\ and Rule 19b-4(f)(4) \9\
thereunder because the proposed rule effects a change in an existing
service of NSCC that (i) does not adversely affect the safeguarding of
securities or funds in the custody or control of the clearing agency or
for which it is responsible and (ii) does not significantly affect the
respective rights or obligations of the clearing agency or persons
using the service. At any time within sixty days of the filing of such
rule change, the Commission may summarily abrogate 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.
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    \8\ 15 U.S.C. 78s(b)(3)(A)(i).
    \9\ 17 CFR 240.19b-4(f)(1).
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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-NSCC-2006-06 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NSCC-2006-06. 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 inspection and
copying in the Commission's Public Reference Section, 100 F Street,
NE., Washington, DC 20549. Copies of such filing also will be available
for inspection and copying at the principal office of NSCC and on
NSCC's Web site at http://www.nscc.com.

    All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-NSCC-2006-06
and should be submitted on or before August 14, 2006.

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
[FR Doc. E6-11681 Filed 7-21-06; 8:45 am]

BILLING CODE 8010-01-P


Bureau of Labor Statistics ( BLS). 2002. National Compensation Survey, Bulletin 2561. Table 2 3 ( State and local government, full time and part time workers). Online at http:// www. bls. gov/ ncs/ ocs/ sp/ ncbl0552. pdf.

Occupation Total Hourly Earnings Mean Weekly Hours Mean Relative error Professional specialty and technical Civil Engineers $ 30.00 3.0 39.3 Precision production, craft, and repair Water and sewer treatment plant operators $ 17.95 2.8 39.9 Bureau of Labor Statistics ( BLS). 2003. Employer Costs for Employee Compensation. Table 4. State and local government, by occupational and industry group. Online at http:// stats. bls. gov/ ncs/ ect/ sp/ ecnr0048. pdf.

Occupation Total Compensatio n Wages and Salaries Multiplier1 Professional Specialty2 $ 45.64 $ 33.66 1.36 Blue collar occupations3 $ 26.46 $ 16.94 1.56 1. Calculated by dividing total compensation by wages and salaries. 2. Multiplier applies to civil engineer wage rate. 3. Multiplier applies to water and sewer treatment plant operator wage rate.


[Federal Register: August 15, 2007 (Volume 72, Number 157)]
[Rules and Regulations]
[Page 45649-45653]
[DOCID:fr15au07-15]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0329; FRL-8137-9]

Zucchini Yellow Mosaic Virus-Weak Strain; Exemption from the
Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of the zucchini yellow mosaic virus-weak
strain (ZYMV-WK) on cucurbits, including, cucumbers, cantaloupes,
watermelons, muskmelons, winter and summer squash, pumpkins, zucchini
and other cucurbits when applied/used as a viruscide to protect
curcurbit crop plants against severe strains of zucchini yellow mosaic
virus. Bio-Oz Biotechnologies Limited submitted a petition to EPA under
the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the
Food Quality Protection Act of 1996 (FQPA), requesting an exemption
from the requirement of a tolerance. This regulation eliminates the
need to establish a maximum permissible level for residues of ZYMV-WK
strain.

DATES: This regulation is effective August 15, 2007. Objections and
requests for hearings must be received on or before October 15, 2007,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2006-0329. To access the
electronic docket, go to http://www.regulations.gov, select ``Advanced

Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov web site to view the docket index or access
available documents. All documents in the docket are listed in the
docket index available in regulations.gov. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information

whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available in the electronic docket at http://www.regulations.gov
, or,if only available in hard copy, at the OPP

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The Docket Facility is open from
8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays.
The Docket Facility telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Gail Tomimatsu, Biopesticides and
Pollution Prevention Division (7511P), Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. 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 Access Electronic Copies of this Document?

    In addition to accessing an electronic copy of this Federal
Register document through the electronic docket at http://www.regulations.gov
, you may access this ``Federal Register'' document

electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr. You may also access a

frequently updated electronic version of 40 CFR part 180 through the
Government Printing Office's pilot e-CFR site at http://www.gpoaccess.gov/ecfr
.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of the FFDCA, as amended by the FQPA, any
person may file an objection to any aspect of this regulation and may
also request a hearing on those objections. The EPA procedural
regulations which govern the submission of objections and requests for
hearings appear in 40 CFR part 178. You must file your objection or
request a hearing on this regulation in accordance with the
instructions provided in 40 CFR part 178. To ensure proper receipt by
EPA, you must identify docket ID number EPA-HQ-OPP-2006-0329 in the
subject line on the first page of your submission. All requests must be
in writing, and must be mailed or delivered to the Hearing Clerk on or
before October 15, 2007.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2006-0329, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.

II. Background and Statutory Findings

    In the Federal Register of June 14, 2006 (71 FR 34338) (FRL-8059-
8), EPA issued a notice pursuant to section 408(d)(3) of the FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance
petition (PP 6E7050) by Bio-Oz Biotechnologies Ltd., Kibbutz Yad
Mordechai, DN Hof Ashkelon 79145, Israel. The petition requested that
40 CFR part 180 be amended by establishing an exemption from the
requirement of a tolerance for residues of ZYMV-WK strain. This notice
included a summary of the petition prepared by the petitioner Bio-Oz
Biotechnologies Ltd. There were no comments received in response to the
notice of filing.
    Section 408(c)(2)(A)(i) of the FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of the FFDCA
defines ``safe'' to mean that ``there is a reasonable certainty that no
harm will result from aggregate exposure to the pesticide chemical
residue, including all anticipated dietary exposures and all other
exposures for which there is reliable information.'' This includes
exposure through drinking water and in residential settings, but does
not include occupational exposure. Pursuant to section 408(c)(2)(B), in
establishing or maintaining in effect an exemption from the requirement
of a tolerance, EPA must take into account the factors set forth in
section 408(b)(2)(C), which require EPA to give special consideration
to exposure of infants and children to the pesticide chemical residue
in establishing a tolerance and to ``ensure that there is a reasonable
certainty that no harm will result to infants and children from
aggregate exposure to the pesticide chemical residue. . . . ''
Additionally, section 408(b)(2)(D) of the FFDCA requires that the
Agency consider ``available information concerning the cumulative
effects of a particular pesticide's residues '' and ``other substances
that have a common mechanism of toxicity.''
    EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. First, EPA determines the
toxicity of pesticides. Second, EPA examines exposure to the pesticide
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings.

III. Toxicological Profile

    Consistent with section 408(b)(2)(D) of the FFDCA, EPA has reviewed
the available scientific data and other relevant information in support
of this action and considered its validity, completeness, and
reliability and the relationship of this information to human risk. EPA
has also considered available information concerning the

variability of the sensitivities of major identifiable subgroups of
consumers, including infants and children.
    ZYMV-WK is a potyvirus, a type of plant virus, and potyviruses have
no known toxicity or pathogenicity to any organism other than plants.
They are unable to infect animals because they lack binding site
receptors on cell surfaces common to animal viruses. Potyviruses enter
plant cells only through open wounds (i.e., wounds produced by feeding
insects, such as aphids, or by mechanical methods) or through cell-to-
cell transfer (Frankel-Conrat, et.al., 1988). Nearly all living things
are routinely exposed to plant viruses, including potyviruses, through
plants and plant products (e.g., foods). Naturally occurring strains of
ZYMV are known to infect about 18 plant species, within seven different
families (Plant Viruses Online). The intended microbial pesticide,
ZYMV-WK is reported as a naturally-occurring, weakened strain of ZYMV,
and was first recovered from infected zucchini plants in France (LeCoq
et al., 1991). Consequently humans are likely already exposed to ZYMV-
WK through the diet. Throughout the available literature, there are no
reports of adverse effects in animals resulting from ingestion of, or
exposure to these viruses. Although severe viral strains of the ZYMV
may replicate in aphids ZYMV-WK, does not replicate in aphids and is
transmitted poorly by these insects (LeCoq et al., 1991).
    ZYMV-WK strain is a natural plant virus isolate and replicates only
in susceptible plant hosts, such as the cucurbitaceae, e.g., zucchini
and cantaloupe. This weak strain of ZYMV cucurbitaceae does not cause
overt plant disease and appears to stimulate plant defenses against
severe strains of ZYMV. In addition, there are no reports of adverse
effects in humans that handle and administer the viruses, or of the
laboratory animals exposed to this virus developing any nasal, eye,
skin, or pulmonary allergic reactions, or any other adverse reactions.
    In support of this tolerance exemption, mammalian toxicology
requirements were satisfied by publicly available information submitted
by Bio-Oz Biotechnologies, Ltd., summarized in the preceding paragraph.
Specifically, the information provided supports the lack of toxicity of
potyviruses to mammals and humans, plus the fact that only certain
plants (and no animals) are susceptible to ZYMV-WK.
    1. Acute oral toxicity/pathogenicity (OPPTS 885.3050). To satisfy
this requirement, the registrant submitted supporting public literature
in lieu of a laboratory animal study, which documents that plant
viruses, including ZYMV-WK, are found in food ingested by humans and
animals. According to the submitted published literature, no known
adverse effects or deaths have occurred in any species as a result of
dietary exposure. Furthermore, there are ``no reports of ill-health,
sensitization, pathogenicity or allergenicity'' from these plant
viruses, to humans or other vertebrates even after use of ZYMV-WK as a
pesticide in the EU and Israel. Plant viruses are not known to infect
mammalian cells, nor replicate in mammals.
    2. Acute dermal toxicity/pathogenicity (OPPTS 885.3100) and primary
dermal irritation (OPPTS harmonized guideline 152-34). The registrant
submitted supporting public literature in lieu of a laboratory animal
study to fulfill this requirement, documenting that plant viruses,
including ZYMV-WK are ubiquitous in susceptible host plants, and are
not known to cause acute dermal toxicity or pathogenicity to mammals.
Furthermore, there are ``no reports of ill-health, sensitization or
allergenicity'' from these plant viruses, to humans or other
vertebrates even after use of ZYMV-WK as a pesticide in the EU and
Israel.
    3. Primary eye irritation (OPPTS harmonized guideline 152-35). The
registrant submitted supporting public literature rather than a study
to fulfill this requirement, showing that plant viruses are ubiquitous
in plants, and they are not known to cause acute eye irritation or
pathogenicity to mammals. Furthermore, routine exposures to ZYMV-WK
have not led to any known adverse effects; there are ``no reports of
ill-health, sensitization or allergenicity'' from these plant viruses,
to humans or other vertebrates even after use of ZYMV-WK as a pesticide
in the EU and Israel.
    4. Acute pulmonary toxicity/pathogenicity (OPPTS 885.3150). To
fulfill this requirement, the registrant submitted supporting public
literature in lieu of a laboratory animal study, showing that plant
viruses, including ZYMV-WK, are ubiquitous in susceptible host plants,
and they are not known to cause acute pulmonary toxicity or
pathogenicity to mammals. There are ``no reports of ill-health,
sensitization or allergenicity'' from these plant viruses, to humans or
other vertebrates even after use of ZYMV-WK as a pesticide in the EU
and Israel.
    5. Acute injection toxicity/pathogenicity (OPPTS 885.3200). To
fulfill this requirement, the registrant submitted supporting public
literature in lieu of a laboratory animal study, documenting the
following:
    i. ZYMV-WK, like all potyviruses may evoke immune responses and
produce antibodies if properly injected into laboratory animals such as
rabbits, mice, chickens, and guinea pigs without causing adverse
effects to the animals, and;
    ii. There are no reports of humans that handle and administer ZYMV-
WK, or laboratory animals developing adverse reactions to the virus.
There are ``no reports of ill-health, sensitization or allergenicity''
from these plant viruses, to humans or other vertebrates even after use
of ZYMV-WK as a pesticide in the EU and Israel.
    6. Hypersensitivity incidents (OPPTS 885.3400). Workers handling
ZYMV-WK on a daily basis since 1986 have not had a single incidence of
hypersensitivity. There are no reports of hypersensitivity in humans or
other animals due to potyviruses, in the literature.
    7. Cell culture (OPPTS 885.3500). To satisfy this requirement, the
registrant submitted the following information, supported by public
literature. Potyviruses such as ZYMV-WK are unable to infect animal
cells since the cell surface plays an important role in viral infection
of animal cells. During infection, animal viruses interact specifically
with receptors on the animal cell surface. Potyviruses lack recognition
for animal infectivity receptors and only enter plant cells through
open wounds or via cell-to-cell transfer through intercellular
connections.
    8. Immune response (OPPTS harmonized guideline 152-38). To fulfill
this requirement, the registrant submitted supporting public literature
in lieu of a laboratory animal study, documenting the following: No
health effects were noticed when infectious plant viruses, including
ZYMV, were repeatedly injected into rabbits over several weeks for
polyclonal antibody production.
     In summary, ZYMV-WK is ubiquitous in susceptible host plants and
is not known to cause toxicity or pathogenicity to mammals. Based on
the published literature, in accordance with Tier I toxicology data
requirements set forth in 40 CFR 158.740(c), the Tier II and Tier III
toxicology data requirements were not triggered in connection with this
action.

IV. Aggregate Exposures

    In examining aggregate exposure, section 408 of the FFDCA directs
EPA to consider available information concerning exposures from the
pesticide residue in food and all other non-

occupational exposures, including drinking water from ground water or
surface water and exposure through pesticide use in gardens, lawns, or
buildings (residential and other indoor uses).

A. Dietary Exposure

    1. Food. Virus-infected food plants have always been a part of the
human and domestic animal food supply (Dewan and Pearson, 1995;
McKinney, 1929; Provvidenti and Gonsalves, 1984; Palukaitis, 1991;
Jones et al., 1934; Beemster and de Bokx, 1987). Most plants may be
infected by at least one virus, and components of plant viruses are
often found in the produce of crop plants. Even plants that show no
disease symptoms are often found to be infected with viruses (Jones et
al., 1934; Fulton, 1986). In addition, a common agricultural practice
used since the 1920s for protection against viral disease involves
intentionally inoculating healthy plants with a mild form of a virus in
order to prevent infection by a more virulent form (Fulton, 1986). A
great deal of information supports the ubiquitous appearance of plant
viruses in foods, and to date there have been no reports of adverse
human or animal health effects associated with consumption of plant
viruses in food. Furthermore, the proposed section 3 registration and
ensuing commercial use is not expected to result in increased exposures
of ZYMV-WK to the general population: The intended use of ZYMV-WK is
within semi-contained environments and consequently exposures to humans
are limited. Even if there were increased exposures to residues of
ZYMV-WK as a result of other pesticidal uses, there is a reasonable
certainty that no harm will result to human health because of the lack
of toxicity or pathogenicity of ZYMV-WK to humans.
    2. Drinking water exposure. ZYMV-WK is not intended for use in
drinking water. However, in the event that ZYMV-WK would reach water
consumed by humans, for the reasons enumerated above, the Agency
concludes that there is reasonable certainty that no harm will result
to humans from such exposures through water because of the lack of
toxicity or pathogenicity of ZYMV-WK to humans.

B. Other Non-Occupational Exposure

    EPA concludes that dermal or inhalation exposure to the general
population as a result of this section 3 registration is not likely to
occur, based on the proposed uses in semi-contained environments and
limited exposure to young cucurbit crop plants. Moreover, the general
population, including infants and children, are exposed to plant
viruses daily in food with no known adverse effects ever being
reported. Therefore, the Agency concludes that in the unlikely event
that there is non-occupational, non-dietary exposure to ZYMV-WK, such
exposure would pose no risks to the general population, including
infants and children.

V. Cumulative Effects

    Section 408(b)(2)(D)(v) of FFDCA requires that EPA consider
available information on the cumulative effects of a particular
pesticide's residues and other substances that have a common mechanism
of toxicity when establishing, modifying, or revoking a tolerance.
These considerations include the possible cumulative effects on infants
and children of such residues and other substances with a common mode
of toxicity. Because ZYMV-WK does not have any toxic or pathogenic
effects, it cannot share a common mechanism of toxicity with other
substances. Therefore, section 408(b)(2)(D)(v) does not apply.

VI. Determination of Safety for U.S. Population, Infants and Children

    1. U.S. population. For all of the reasons discussed above, there
is reasonable certainty that no harm will result to the U.S.
population, including infants and children, from aggregate exposure to
residues of ZYMV-WK. This includes all anticipated dietary exposures
and all other exposures for which there is reliable information.
    2. Infants and children. FFDCA section 408(b)(2)(C) provides that
EPA shall apply an additional tenfold margin of exposure (MOE) for
infants and children in the case of threshold effects to account for
prenatal and postnatal toxicity and the completeness of the data base
on toxicity and exposure, unless EPA determines that a different MOE
will be safe for infants and children. MOEs, which are often referred
to as uncertainty (safety) factors, are incorporated into EPA risk
assessments either directly, or through the use of a MOE analysis or by
using uncertainty factors in calculating a dose level that poses no
appreciable risk. As previously indicated in the toxicological profile,
humans, including infants and children, have been exposed to plant
viruses through food, where they are commonly found, with no known or
reported adverse effects. As discussed above, the Agency has concluded
that ZYMV-WK is non-toxic to mammals, including infants and children.
Because there are no threshold levels of concern to infants, children,
and adults when ZYMV-WK is used as labeled, the Agency concludes that
the additional MOE is not necessary to protect infants and children.

VII. Other Considerations

A. Endocrine Disruptors

    At this time, the Agency is not requiring information on the
endocrine effects of this active ingredient, ZYMV-WK. The Agency has
considered, among other relevant factors, available information
concerning whether the weak plant virus may have an effect in humans
similar to an effect produced by a naturally occurring estrogen or
other endocrine effects. Plant viruses cannot infect mammals, and there
is no known metabolite that acts as an ``endocrine disruptor'' produced
by this virus. Therefore, there is no impact via endocrine-related
effects on the Agency's safety findings in this final rule.

B. Analytical Method(s)

    Through this action, the Agency is proposing to establish an
exemption from the requirement of a tolerance for residues of ZYMV-WK
on cucurbit crops for the purposes of a FIFRA section 3 registration.
The Agency reached this decision based on the reasons discussed above,
including lack of toxicity to mammals, and therefore, concludes that an
analytical method for detecting ZYMV-WK is not required for enforcement
purposes.

C. Codex Maximum Residue Level

    No Codex maximum residue levels exist for the virus ZYMV-WK.

VIII. REFERENCES

     Beemster ABR, de Bokx JA. Survey of properties and
symptoms. In: De Bokx JA, van der Want JPH. Viruses of Potatoes and
Seed Potato Production. Wageningen: Pudoc, 1987:84-93.
     Braverman, M. Acute Oral, Dermal, Pulmonary and Injection
Toxicity/Pathogenicity Cell Culture, Acute Toxicology Tier 2,
Subchronic Toxicity/Pathogenicity, Reproductive and Fertility Effects.
2005. OPP/EPA MRID No. 467854-19
     Dewan, C, Pearson MN. Natural field infection of garlic by
garlic yellow streak virus in the Pukekohe area of New Zealand and
associated problems with the introduction of new garlic cultivars. New
Zealand Journal of Crop and Horticultural Science 1995; 23:97-102.
     Fraenkel-Conrat, H., Kimball, P.C., and Levy, J.A. 1988.
Virology, 2nd edition. Prentice Hall, Englewood Cliffs,

NJ (virus cellular receptors and cell membrane changes, p. 299-300).
     Fulton R. Practices and precautions in the use of cross
protection for plant virus disease control. Annual Review of
Phytopathology 1986; 24:67-81.
     Jones L, Anderson E, Burnett G. The latent virus of
potatoes. Journal of Phytopathology 1934; 7:93-115.
     McKinney HH. Mosaic diseases in the Canary Islands, West
Africa, and Gibraltar. Journal of Agricultural Research 1929; 39:557-
78.
     Palukaitis P. Virus-mediated genetic transfer in plants.
In: Levin M, Strauss H. Risk Assessment in Genetic Engineering. New
York: McGraw-Hill, 1991:140-62.
     Provvidenti R, Gonsalves D. Occurrence of ZYMV in
cucurbits from Connecticut, New York, Florida, and California. Plant
Disease 1984; 68:443-6. Palukaitis P. Virus-mediated genetic transfer
in plants. In: Levin M, Strauss H. Risk Assessment in Genetic
Engineering. New York: McGraw-Hill, 1991:140-62.
    Plant viruses Online, 2007. http://image.fs.uidaho.edu/vide/descr909.htm

IX. Statutory and Executive Order Reviews

    This final rule establishes an exemption from the requirement of a
tolerance under section 408(d) of FFDCA in response to a petition
submitted to the Agency. The Office of Management and Budget (OMB) has
exempted these types of actions from review under Executive Order
12866, entitled Regulatory Planning and Review (58 FR 51735, October 4,
1993). Because this rule has been exempted from review under Executive
Order 12866, this rule is not subject to Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001) or Executive Order
13045, entitled Protection of Children from Environmental Health Risks
and Safety Risks (62 FR 19885, April 23, 1997). This final rule does
not contain any information collections subject to OMB approval under
the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it
require any special considerations under Executive Order 12898,
entitled Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under section 408(d) of FFDCA, such as the exemption from
the requirement of a tolerance in this final rule, do not require the
issuance of a proposed rule, the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et seq.) do not apply.
    This final rule directly regulates growers, food processors, food
handlers and food retailers, not States or tribes, nor does this action
alter the relationships or distribution of power and responsibilities
established by Congress in the preemption provisions of section
408(n)(4) of FFDCA. As such, the Agency has determined that this action
will not have a substantial direct effect on States or tribal
governments, on the relationship between the national government and
the States or tribal governments, or on the distribution of power and
responsibilities among the various levels of government or between the
Federal Government and Indian tribes. Thus, the Agency has determined
that Executive Order 13132, entitled Federalism (64 FR 43255, August
10, 1999) and Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 6,
2000) do not apply to this rule. In addition, This rule does not impose
any enforceable duty or contain any unfunded mandate as described under
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law
104-4).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).

X. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of this final rule in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: August 1, 2007.
Debra Edwards,
Director, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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

0
2. Section 180.1279 is added to subpart D to read as follows:

Sec.  180.1279  Zucchini yellow mosaic virus - weak strain; exemption
from the requirement of a tolerance.

    An exemption from the requirement of a tolerance for residues of
the ZYMV-WK strain in or on all raw cucurbits when applied/used in
accordance with label directions.
[FR Doc. E7-16057 Filed 8-14-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register: October 6, 2005 (Volume 70, Number 193)]
[Notices]
[Page 58396]
[DOCID:fr06oc05-65]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER05-1021-002]

Pacific Gas and Electric Company; Notice of Filing

September 28, 2005.

    Take notice that on September 15, 2005, Pacific Gas and Electric
Company (PG&E) and the City and County of San Francisco (CCSF) tendered
for filing a Motion to Withdraw the unexecuted Generator
Interconnection Agreement without prejudice in the above-referenced
proceeding.
    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.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    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 October 4, 2005.

Magalie R. Salas,
Secretary.
[FR Doc. E5-5506 Filed 10-5-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: April 30, 2010 (Volume 75, Number 83)]
[Notices]
[Page 22884-22886]
[DOCID:fr30ap10-151]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61977; File No. SR-NYSEArca-2010-30]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Rule 6.4
and Adopting Rule 6.4A

April 23, 2010.
    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 April 16, 2010, NYSE Arca, Inc. (``NYSE Arca'' or the ``Exchange'')
filed with the Securities and Exchange Commission (the ``Commission'')
the proposed rule change as described in Items I, II, and III, below,
which Items have been prepared by the self-regulatory organization. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 6.4 and adopt Rule 6.4A to
apply uniform objective standards to the range of options series
exercise (or strike) prices available for trading on the Exchange, and
to amend Rule 6.4(e) to delineate the timing for adding new Long Term
Equity Option Series. The text of the proposed rule change is attached
as Exhibit 5 to the 19b-4 form. A copy of this filing is available on
the Exchange's Web site at http://www.nyse.com, at the Exchange's
principal office, at the Commission's Public Reference Room, and on the
Commission's Web site at http://www.sec.gov.

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 filing is to amend Rule 6.4 and adopt Rule 6.4A
to apply uniform objective standards to the range of options series
exercise (or strike) prices available for trading on the Exchange, and
to amend Rule 6.4(e) to delineate the timing for adding new Long Term
Equity Option Series.
    The Options Listing Procedures Plan (``OLPP'') was approved by the
Securities and Exchange Commission (the ``Commission'') on July 6, 2001
and has been amended several times.\3\ The OLPP provides procedures
for: (i) Listing and trading new option classes; (ii) selecting new
options series; (iii) petitioning The Options Clearing Corporation
(``OCC'') to review the eligibility, pursuant to the exchanges' listing
standards, of a selected option class without delaying the trading of
that option class; (iv) determining operational details for option
contracts adjusted pursuant to OCC By-Laws; (v) admitting new sponsors;
and (vi) losing eligibility to participate in the OLPP.
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    \3\ See e.g., Securities Exchange Act Release Nos. 44521 (July
6, 2001), 66 FR 36809 (July 13, 2001) (order approving OLPP); 58205
(July 22, 2008), 73 FR 43798 (July 28, 2008) (order granting
permanent approval to amendment no. 1 to the OLPP); 58630 (September
24, 2008) 73 FR 57166 (October 1, 2008) (order granting permanent
approval to amendment no. 2 to the OLPP); and 60531 (August 19,
2009), 74 FR 43173 (August 26, 2009) (order approving amendment no.
3 to the OLPP).
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    This current filing is primarily concerned with codifying certain
provisions of the OLPP pertaining to selecting new option series and
certain

strike setting parameters that have been adopted under the OLPP. The
Exchange believes that it is helpful to codify select provisions into
NYSE Arca's rules so that all applicable rules governing series
selection and applicable strike setting parameters are located in a
single place. In addition, the Exchange understands that other Sponsor
Exchanges to the OLPP will be submitting similar filings to codify
portions of the OLPP in their respective rulebooks. Below the Exchange
briefly describes the provisions of the OLPP that the Exchange is
proposing to codify into NYSE Arca's rules.
OLPP Amendments Pertaining to LEAPS
    Amendments 1 and 2 to the OLPP adopted provisions governing the
listing of Long-Term Equity Option Series (``LEAPS''). Amendment 1
provided for a uniform time frame for the introduction of new LEAPS on
equity option classes, options on exchange traded funds (``ETFs''), or
options on Trust Issued Receipts (``TIRs''). Amendment 2 provided for a
uniform minimum volume threshold per underlying class to qualify for
the introduction of a new expiration year of LEAPs on equity, ETF and
TIR classes. The Exchange is proposing to codify the changes made to
the OLPP by Amendments 1 and 2 by amending Rule 6.4(e).
Strike Setting Parameters
    Amendment 3 to the OLPP adopted uniform objective standards to the
range of options series exercise (or strike) prices available for
trading on Sponsor Exchanges to the OLPP as a quote mitigation
strategy. The Exchange is proposing to codify the changes made to the
OLPP by Amendment 3 by inserting a reference in Rule 6.4 and by
adopting new Rule 6.4A, Select Provisions of Options Listing Procedures
Plan. The Exchange is proposing to create a new rule that can be easily
amended in the future if other amendments to the OLPP are made which
similarly warrant being codified into NYSE Arca's rules.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) \4\ of the Securities Exchange Act of 1934 (the ``Act''),
in general, and furthers the objectives of Section 6(b)(5) \5\ in
particular in that it is designed to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts, to
remove impediments to and to perfect the mechanism for a free and open
market and a national market system and, in general, to protect
investors and the public interest. The Exchange believes that codifying
certain provisions of the OLPP, as amended, serves to foster investor
protection.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \6\ and Rule 19b-4(f)(6) thereunder.\7\
Because the 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 prior to
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, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-
4(f)(6)(iii) thereunder.\9\
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    \6\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \7\ 17 CFR 240.19b-4(f)(6).
    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6)(iii). 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 the 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 the pre-filing requirement.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate 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-NYSEArca-2010-30 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2010-30. 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 the filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSEArca-2010-30 and should be submitted on or before May 21, 2010.

    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).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-10031 Filed 4-29-10; 8:45 am]
BILLING CODE 8011-01-P