[Federal Register: May 8, 2006 (Volume 71, Number 88)]
[Notices]
[Page 26795-26797]
[DOCID:fr08my06-73]

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SECURITIES AND EXCHANGE COMMISSION

Release No. 34-53748; File No. SR-NASD-2006-055

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing of a Proposed Rule Change To Require
Members To Report All Transactions that Must Be Reported to NASD and
Are Subject to a Regulatory Transaction Fee to the Nasdaq Market Center
and/or the Trade Reporting and Comparison Service

May 2, 2006.
    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 21, 2006, the National Association of Securities Dealers,
Inc. (``NASD'') 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 NASD. 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

    NASD is proposing to amend Section 3 of Schedule A to the NASD By-
Laws (``Section 3''), to require members to report all transactions
that must be reported to NASD and that are subject to a regulatory
transaction fee pursuant to Section 3 to the Nasdaq Market Center
(``NMC'') and/or the Trade Reporting and Comparison Service
(``TRACS''). In addition, NASD is proposing new provisions in NASD
Rules 6130 and 6130A that would expressly require members to report
odd-lot transactions, away from the market sales, and OTC options with
special indicators denoting that such transactions are reported in
accordance with Section 3.
    The text of the proposed rule change is available on NASD's Web
site (http://www.nasd.com). from NASD's principal office, and at the

Commission's Public Reference Room. The text of the proposed rule
change also appears below. Proposed new language is italicized;
proposed deletions are in brackets.\3\
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    \3\ NASD has filed another proposed rule change, SR-NASD-2005-
087, which, among other things, proposed a new Trade Reporting
Facility. If this filing is approved prior to that filing, the Trade
Reporting Facility rules would be amended to make conforming changes
with this proposal. However, if SR-NASD-2005-087 is approved prior
to the approval of this filing, this filing will be amended to make
conforming changes with the Trade Reporting Facility rules.
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SCHEDULE A TO NASD BY-LAWS

* * * * *

Section 3--Regulatory Transaction Fee

    Each member shall be assessed a regulatory transaction fee. The
amount shall be determined periodically in accordance with Section 31
of the Act. Transactions assessable under this Section 3 that must be
reported to NASD shall be reported in an automated manner.
* * * * *
4000. THE NASDAQ STOCK MARKET
* * * * *
4600. NASDAQ MARKET MAKER REQUIREMENTS
* * * * *
4630. Reporting Transactions in Nasdaq National Market Securities
* * * * *
4632. Transaction Reporting
    (a) through (d) No Change.
    (e) Transactions Not [Required] To Be Reported For Publication
Purposes
    The following types of transactions shall not be reported for
publication purposes:
    (1) through (6) No Change.
    (f) through (g) No Change.
* * * * *
4640. Reporting Transactions in Nasdaq Capital Market Securities
* * * * *
4642. Transaction Reporting
    (a) through (d) No Change.
    (e) Transactions Not [Required] To Be Reported For Publication
Purposes
    The following types of transactions shall not be reported for
publication purposes:
    (1) through (5) No Change.
    (f) through (g) No Change.
* * * * *
4000A. NASD ALTERNATIVE DISPLAY FACILITY
* * * * *
4600A. TRADING IN NASDAQ SECURITIES
* * * * *
4632A. Transactions Reported by Members
    (a) through (j) No Change.
    (k) Transactions Not To Be Reported To NASD For Publication
Purposes
    The following types of transactions effected by NASD members shall
not be reported to TRACS for publication purposes:
    (1) through (5) No Change.
    (I) No Change.
* * * * *
6000. NASD SYSTEMS AND PROGRAMS
6100. TRADE REPORTING SERVICE
* * * * *
6130. Trade Report Input
    (a) through (f) No Change.
    (g) Reporting Certain Transactions for Purposes of Regulatory
Transaction Fee Assessment
    The following types of transactions that are assessed a regulatory
transaction fee in accordance with Section 3 of Schedule A to the NASD
By-Laws must be reported to the Nasdaq Market Center as prescribed
below. Transactions must be submitted to the Nasdaq Market Center by
6:30 p.m. Eastern Time (or the end of the Nasdaq Market Center
reporting session that is in effect at that time).

(1) Odd-Lot Transactions

    Transactions for less than a normal unit of trading shall be
reported to the Nasdaq Market Center with a modifier of .RO to
designate the transaction as submitted for purposes of the regulatory
transaction fee under Section 3 of Schedule A to the NASD By-Laws.
Transactions may be entered as clearing or non-clearing.

(2) Away From the Market Sales

    Transactions where the buyer and seller have agreed to trade at a
price substantially unrelated to the current market for the security,
and consideration is given, shall be reported to the Nasdaq Market
Center with a modifier of .RA to designate the

transaction as submitted for purposes of the regulatory transaction fee
under Section 3 of Schedule A to the NASD By-Laws. Transactions may be
entered as clearing or non-clearing.

(3) Exercises of OTC Options

    Transactions effected pursuant to the exercise of an OTC option
shall be reported to the Nasdaq Market Center with a modifier of .RX to
designate the transaction as submitted for purposes of the regulatory
transaction fee under Section 3 of Schedule A to the NASD By-Laws.
Transactions may be entered as clearing or non-clearing.
* * * * *
6400. REPORTING TRANSACTIONS IN LISTED SECURITIES
* * * * *
6420. Transaction Reporting
    (a) through (d) No Change.
    (e) Transactions Not [Required] To Be Reported For Publication
Purposes
    The following types of transactions shall not be reported for
inclusion on the Consolidated Tape:
    (1) through (8) No Change.
    (f) No Change.
* * * * *
6620. Transaction Reporting
    (a) through (d) No Change.
    (e) Transactions Not [Required] To Be Reported For Publication
Purposes
    The following types of transactions shall not be reported for
publication purposes:
    (1) through (4) No Change.
    (f) No Change.
* * * * *
6000A. NASD ADF SYSTEMS AND PROGRAMS
6100A. TRACS TRADE COMPARISON SERVICE
* * * * *
6130A. Trade Report Input
    (a) through (b) No Change.
    (c) Reporting Certain Transactions for Purposes of Regulatory
Transaction Fee Assessment
    The following types of transactions that are assessed a regulatory
transaction fee in accordance with Section 3 of Schedule A to the NASD
By-Laws must be reported to TRACS as prescribed below. Transactions
must be submitted to TRACS by 6:30 p.m. Eastern Time (or the end of the
TRACS reporting session that is in effect at that time).

(1) Odd-Lot Transactions

    Transactions for less than a normal unit of trading shall be
reported to TRACS with a modifier of .RO to designate the transaction
as submitted for purposes of the regulatory transaction fee under
Section 3 of Schedule A to the NASD By-Laws. Transactions may be
entered as clearing or non-clearing.

(2) Away From the Market Sales

    Transactions where the buyer and seller have agreed to trade at a
price substantially unrelated to the current market for the security,
and consideration is given, shall be reported to TRACS with a modifier
of .RA to designate the transaction as submitted for purposes of the
regulatory transaction fee under Section 3 of Schedule A to the NASD
By-Laws. Transactions may be entered as clearing or non-clearing.

(3) Exercises of OTC Options

    Transactions effected pursuant to the exercise of an OTC option
shall be reported to TRACS with a modifier of .RX to designate the
transaction as submitted for purposes of the regulatory transaction fee
under Section 3 of Schedule A to the NASD By-Laws. Transactions may be
entered as clearing or non-clearing.
* * * * *

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

    In its filing with the Commission, NASD 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. NASD 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
    Pursuant to Section 31 of the Act,\4\ NASD and the national
securities exchanges are required to pay transaction fees and
assessments to the Commission that are designed to recover the costs
related to the government's supervision and regulation of the
securities markets and securities professionals. NASD obtains funds to
pay its Section 31 fees and assessments from its membership, in
accordance with Section 3. Currently, most of the transactions that are
assessable under Section 3 are reported to NASD through automated
facilities, because most transactions must be reported to NMC or TRACS
pursuant to NASD trade reporting rules. NASD is able to use the
transaction data reported to NMC and TRACS for Section 3 billing
purposes. Member firms, however, are currently required to manually
self-report covered sales of odd-lots, away from the market sales, and
exercises of OTC options because these transactions are not otherwise
required to be reported to NMC or TRACS.
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    \4\ 15 U.S.c. 78ee.
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    To improve NASD's programs related to compliance with Section 31 of
the Act and Rule 31 thereunder,\5\ NASD is proposing to require NASD
member firms to report all covered sales that must be reported to NASD
and that are assessed under Section 3 in an automated manner. While the
current manual self-reporting process has allowed NASD to meet its
obligations under Section 31 of the Act, there have been instances when
some members filed their self-reporting form late or amended previous
forms in later months to include additional covered sales volume. NASD
believes that requiring automated reporting of such covered sales would
facilitate efficient, accurate, and timely reporting. Automated
reporting would also reduce the burden on members that results from
manually reporting certain transactions to NASD. In addition, the
mandatory reporting of odd-lots and other transactions would enhance
the regulatory audit trail while not providing distortive information
to the publicly disseminated tape.
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    \5\ 17 CFR 240.31.
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    To fully automate NASD's procedures for assessing the regulatory
transaction fee, NASD is proposing to amend: (1) Section 3 to create an
affirmative obligation to report, in an automated manner, all covered
sales that must be reported to NASD for purposes of Section 3; (2) NASD
Rules 6130 and 6130A to require that members report all transactions
reportable to NASD and subject to the regulatory transaction fee
pursuant to Section 3 to NMC or TRACS and to identify certain
transactions submitted specifically for a regulatory transaction fee
assessment with a special indicator denoting their purpose; \6\ and (3)
NASD Rules 4632,

4642, 4632A, 6420, and 6620 governing trade reporting that currently
prohibit member firms from reporting odd-lot transactions, away from
the market sales, and OTC options, as well as other identified
transactions, to clarify that the prohibition found in the transaction
reporting rules is limited to the submission of a transaction for
publication purposes.\7\
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    \6\ NASD proposes to use the following modifiers for purposes of
reporting to the NMC or TRACS certain transaction that are subject
to the regulatory transaction fee under Section 3: (1) .RO to
designate odd-lot transactions; (2) .RA to designate transactions
where the buyer and seller have agreed to trade at a price
substantially unrelated to the current market for the security; and
(3) .RX to designate transactions effected pursuant to the exercise
of an OTC option.
    \7\ The proposed amendments to NASD Rules 4632A and 6420 solely
amend the headings of NASD Rules 4632A(k) and 6420(e), respectively.
The text of these rules does not need to be amended because it
already stated that the prohibition on reporting the identified
transactions is limited to the submission of a transaction for
publication purposes (or in the case of listed securities, for
inclusion on the Consolidated Tape).
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    NASD will announce the effective date of the proposed rule change
in a Notice to Members to be published no later than 60 days following
Commission approval, if the Commission approves this proposal. The
effective date would be at least 90 days following publication of the
Notice to Members announcing Commission approval to allow firms
sufficient time to make any necessary systems changes.
2. Statutory Basis
    NASD believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\8\ which requires, among
other things, that NASD rules 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. NASD believes that requiring members to report, in an
automated manner, all transactions that must be reported to NASD and
are subject to the regulatory transaction fee would ensure more
accurate and timely reporting of such transactions and would reduce the
burden on members that results from manually reporting certain
transactions.
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    \8\ 15 U.S.C. 78o-3(b)(6).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    NASD does not believe that the proposed rule change would result in
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

    Written comments were neither solicited nor received.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    A. By order approve such proposed rule change; or
    B. Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

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

File Number SR-NASD-2006-055 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NASD-2006-055. 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 Room. Copies of such
filing also will be available for inspection and copying at the
principal office of NASD. 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-NASD-2006-055 and should be submitted on or before May 30, 2006.
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    \9\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\9\
Nancy M. Morris,
Secretary.
[FR Doc. 06-4280 Filed 5-5-06; 8:45 am]

BILLING CODE 8010-01-M


[Federal Register Volume 84, Number 31 (Thursday, February 14, 2019)]
[Rules and Regulations]
[Pages 3978-3980]
[FR Doc No: 2019-02071]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31232; Amdt. No. 3834]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule amends, suspends, or removes Standard Instrument
Approach Procedures (SIAPs) and associated Takeoff Minimums and
Obstacle Departure Procedures for operations at certain airports. These
regulatory actions are needed because of the adoption of new or revised
criteria, or because of changes occurring in the National Airspace
System, such as the commissioning of new navigational facilities,
adding new obstacles, or changing air traffic requirements. These
changes are designed to provide for the safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective February 14, 2019. The compliance date
for each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of February 14, 2019.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001;
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA).
    For information on the availability of this material at NARA, call
202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center online at nfdc.faa.gov
to register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg 29, Room 104, Oklahoma
City, OK 73125. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20.
The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained on FAA form documents is
unnecessary.
    This amendment provides the affected CFR sections, and specifies
the SIAPs and Takeoff Minimums and ODPs with their applicable effective
dates. This amendment also identifies the airport and its location, the
procedure and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPs, Takeoff
Minimums and ODPs as identified in the amendatory language for part 97
of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP and Takeoff Minimums and ODP as amended in the
transmittal. For safety and timeliness of change considerations, this
amendment incorporates only specific changes contained for each SIAP
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC
permanent NOTAM, and contained in this amendment are based on the
criteria contained in the U.S. Standard for Terminal Instrument
Procedures (TERPS). In developing these changes to SIAPs and Takeoff
Minimums and ODPs, the TERPS criteria were applied only to specific
conditions existing at the affected airports. All SIAP amendments in
this rule have been previously issued by the FAA in a FDC NOTAM as an
emergency action of immediate flight safety relating directly to
published aeronautical charts.
    The circumstances that created the need for these SIAP and Takeoff
Minimums and ODP amendments require making them effective in less than
30 days.
    Because of the close and immediate relationship between these
SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find
that notice and public procedure under 5 U.S.C. 553(b) are
impracticable and contrary to the public interest and, where
applicable, under 5 U.S.C. 553(d), good cause exists for making these
SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC, on December 28, 2018.
Rick Domingo,
Executive Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal regulations, Part 97, (14 CFR part 97), is amended by
amending Standard Instrument Approach Procedures and Takeoff Minimums
and ODPs, effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40106, 40113,
40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:
    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * *Effective Upon Publication

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       AIRAC date          State           City             Airport         FDC No.      FDC date                          Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
31-Jan-19..............  AR         El Dorado........  South Arkansas          8/0547     12/18/18  ILS OR LOC RWY 22, Amdt 2D.
                                                        Rgnl At Goodwin
                                                        Field.
31-Jan-19..............  TX         Alpine...........  Alpine-Casparis         8/1332     12/18/18  RNAV (GPS) RWY 19, Amdt 1.
                                                        Muni.
31-Jan-19..............  MI         New Hudson.......  Oakland Southwest       8/1839     12/21/18  VOR OR GPS-A, Amdt 3B.
31-Jan-19..............  OH         Chillicothe......  Ross County......       8/3004     12/19/18  RNAV (GPS) RWY 23, Amdt 1A.
31-Jan-19..............  NC         Liberty..........  Causey...........       8/3182     12/14/18  RNAV (GPS) RWY 20, Orig.
31-Jan-19..............  NC         Liberty..........  Causey...........       8/3196     12/14/18  RNAV (GPS) RWY 2, Orig.
31-Jan-19..............  NC         Liberty..........  Causey...........       8/3216     12/14/18  VOR RWY 2, Amdt 5.
31-Jan-19..............  TN         Springfield......  Springfield             8/4576     12/18/18  RNAV (GPS) RWY 4, Amdt 1A.
                                                        Robertson County.
31-Jan-19..............  TN         Springfield......  Springfield             8/4577     12/18/18  RNAV (GPS) RWY 22, Amdt 1A.
                                                        Robertson County.
31-Jan-19..............  LA         Opelousas........  St Landry Parish-       8/6016     12/19/18  VOR/DME RWY 36, Amdt 1.
                                                        Ahart Field.
31-Jan-19..............  NC         Wilson...........  Wilson Industrial       8/7170     12/18/18  RNAV (GPS) RWY 33, Orig-B.
                                                        Air Center.
31-Jan-19..............  NY         South Bethlehem..  South Albany.....       8/8856     12/18/18  RNAV (GPS) RWY 1, Orig.
31-Jan-19..............  NY         South Bethlehem..  South Albany.....       8/8857     12/18/18  RNAV (GPS) RWY 19, Orig.
31-Jan-19..............  KS         Newton...........  Newton-City-            8/8975     12/14/18  VOR/DME-A, Amdt 3.
                                                        County.
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[FR Doc. 2019-02071 Filed 2-13-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Pages 20514-20515]
[FR Doc No: 2023-07146]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2017-0720; FRL-10861-01-OCSPP]

Pesticide Registration Review; Draft Human Health and/or
Ecological Risk Assessments for Peroxy Compounds; Notice of
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's draft human
health and/or ecological risk assessments for the registration review
of peroxy compounds (revised DRA for biopesticide uses).

DATES: Comments must be received on or before June 5, 2023.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2017-0720, through the Federal eRulemaking
Portal at https://www.regulations.gov. Follow the online instructions
for submitting comments. Do not submit electronically any information
you consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Additional
instructions on commenting and visiting the docket, along with more
information about dockets generally, is available at https://www.epa.gov/dockets.

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

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general and may be of
interest to a wide range of stakeholders including environmental, human
health, farm worker, and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. Since others also may be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the Chemical Review Manager identified in table 1 in unit IV.

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

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at https://www.epa.gov/dockets/commenting-epa-dockets.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. Background

    Registration review is EPA's periodic review of pesticide
registrations to ensure that each pesticide continues to satisfy the
statutory standard for registration, that is, the pesticide can perform
its intended function without unreasonable adverse effects on human
health or the environment. As part of the registration review process,
the Agency has completed comprehensive draft human health and/or
ecological risk assessments for the pesticides listed in table 1 in
unit IV. After reviewing comments received during the public comment
period, EPA may issue a revised risk assessment, explain any changes to
the draft risk assessment, and respond to comments and may request
public input on risk mitigation before completing a proposed
registration review decision for the pesticides listed in table 1 in
unit IV. Through this program, EPA is ensuring that each pesticide's
registration is based on current scientific and other knowledge,
including its effects on human health and the environment.

III. Authority

    EPA is conducting its registration review of the chemicals listed
in table 1 in unit IV pursuant to section 3(g) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Procedural
Regulations for Registration Review at 40 CFR part 155, subpart C.
Section 3(g) of FIFRA provides, among other things, that the
registrations of pesticides are to be reviewed every 15 years. Under
FIFRA, a pesticide product may be registered or remain registered only
if it meets the statutory standard for registration given in FIFRA
section 3(c)(5) (7 U.S.C. 136a(c)(5)). When used in accordance with
widespread and

commonly recognized practice, the pesticide product must perform its
intended function without unreasonable adverse effects on the
environment; that is, without any unreasonable risk to man or the
environment, or a human dietary risk from residues that result from the
use of a pesticide in or on food.

IV. What action is the Agency taking?

    Pursuant to 40 CFR 155.58, this notice announces the availability
of EPA's human health and/or ecological risk assessments for the
pesticides shown in Table 1 and opens a 60-day public comment period on
the risk assessments.

                     Table 1--Draft Risk Assessments Being Made Available for Public Comment
----------------------------------------------------------------------------------------------------------------
 Registration review case name and                                           Chemical review manager and contact
                No.                              Docket ID No.                           information
----------------------------------------------------------------------------------------------------------------
Peroxy Compounds (revised DRA for   EPA-HQ-OPP-2009-0546...................  Joseph Mabon, [email protected],
 biopesticide uses) Case Number<PHONE_NUMBER>.
 6059.
----------------------------------------------------------------------------------------------------------------

    Pursuant to 40 CFR 155.53(c), EPA is providing an opportunity,
through this notice of availability, for interested parties to provide
comments and input concerning the Agency's draft human health and/or
ecological risk assessments for the pesticides listed in table 1 in
unit IV. The Agency will consider all comments received during the
public comment period and make changes, as appropriate, to a draft
human health and/or ecological risk assessment. EPA may then issue a
revised risk assessment, explain any changes to the draft risk
assessment, and respond to comments.
    Information submission requirements. Anyone may submit data or
information in response to this document. To be considered during a
pesticide's registration review, the submitted data or information must
meet the following requirements:
     To ensure that EPA will consider data or information
submitted, interested persons must submit the data or information
during the comment period. The Agency may, at its discretion, consider
data or information submitted at a later date.
     The data or information submitted must be presented in a
legible and useable form. For example, an English translation must
accompany any material that is not in English, and a written transcript
must accompany any information submitted as an audio graphic or
videographic record. Written material may be submitted in paper or
electronic form.
     Submitters must clearly identify the source of any
submitted data or information.
     Submitters may request the Agency to reconsider data or
information that the Agency rejected in a previous review. However,
submitters must explain why they believe the Agency should reconsider
the data or information in the pesticide's registration review.
    As provided in 40 CFR 155.58, the registration review docket for
each pesticide case will remain publicly accessible through the
duration of the registration review process; that is, until all actions
required in the final decision on the registration review case have
been completed.
    Authority: 7 U.S.C. 136 et seq.

    Dated: March 31, 2023.
Mary Elissa Reaves,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2023-07146 Filed 4-5-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 216 (Monday, November 9, 2015)]
[Notices]
[Page 69210]
[FR Doc No: 2015-28422]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL16-4-000]

CPV Shore, LLC; Notice of Institution of Section 206 Proceeding
and Refund Effective Date

    On November 3, 2015, the Commission issued an order in Docket No.
EL16-4-000, pursuant to section 206 of the Federal Power Act (FPA), 16
U.S.C. 824e (2012), instituting an investigation into the justness and
reasonableness of CPV Shore, LLC's Reactive Power Tariff. CPV Shore,
LLC, 153 FERC ] 61,139 (2015).
    The refund effective date in Docket No. EL16-4-000, established
pursuant to section 206(b) of the FPA, will be January 1, 2016.

    Dated: November 3, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-28422 Filed 11-6-15; 8:45 am]
BILLING CODE 6717-01-P


In deciding how to meet the product specific data requirements, registrants must follow the directions given in the Data Call In Notice and its attachments appended to the RED. The DCI Notice contains two response forms which are to be completed and submitted to the Agency within 90 days of receipt. The first form, " Data Call In Response," asks whether the registrant will meet the data requirements for each product. The second form, " Requirements Status and Registrant's Response," lists the product specific data required for each product, including the standard six acute toxicity tests. A registrant who wishes to participate in a batch must decide whether he/ she will provide the data or depend on someone else to do so. If a registrant supplies the data to support a batch of products, he/ she must select one of the following options: Developing Data ( Option 1), Submitting an Existing Study ( Option 4), Upgrading an Existing Study ( Option 5) or Citing an Existing Study ( Option 6). If a registrant depends on another's data, he/ she must choose among: Page 149 of 150 Cost Sharing ( Option 2), Offers to Cost Share ( Option 3) or Citing an Existing Study ( Option 6). If a registrant does not want to participate in a batch, the choices are Options 1, 4, 5 or 6. However, a registrant should know that choosing not to participate in a batch does not preclude other registrants in the batch from citing his/ her studies and offering to cost share ( Option 3) those studies.

Thirteen products were found which contain Napropamide as the active ingredient. These products have been placed five batches and a no batch group in accordance with the active and inert ingredients and type of formulation.

Batching Instructions:

No Batch: Each product in this Batch should generate their own data.

NOTE: The technical acute toxicity values included in this document are for informational purposes only. The data supporting these values may or may not meet the current acceptance criteria.

Batch 1 EPA Reg. No. Percent Active Ingredient 33658 22 97 70506 35 95.7 Batch 2 EPA Reg. No. Percent Active Ingredient 70506 36 50 70506 38 50 Batch 3 EPA Reg. No. Percent Active Ingredient 70506 31 43.2 70506 37 43.2 Page 150 of 150 Batch 4 EPA Reg. No. Percent Active Ingredient 70506 63 24.1 70506 64 24.1 Batch 5 EPA Reg. No. Percent Active Ingredient 70506 33 2 70506 39 2 No Batch EPA Reg. No. Percent Active Ingredient 34704 771 Napropamide: 4.0 Oxadiazon: 2.0 70506 27 21.8 70506 34 10 Appendix H. List of Registrants Sent this Data Call In A list of registrants sent this data call in will be posted at a later date.


[Federal Register Volume 79, Number 4 (Tuesday, January 7, 2014)]
[Proposed Rules]
[Page 778]
[FR Doc No: 2014-00010]

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

Occupational Safety and Health Administration

29 CFR Part 1904

[Docket No. OSHA-2013-0023]
RIN 1218-AC49

Improve Tracking of Workplace Injuries and Illnesses

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

ACTION: Proposed rule; extension of comment period.

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

SUMMARY: OSHA is extending the comment period on the proposed rule
entitled, ``Improve Tracking of Workplace Injuries and Illnesses,''
which would amend the recordkeeping regulations to add requirements for
the electronic submission of injury and illness records employers are
already required to keep under OSHA's regulations for recording and
reporting occupational injuries and illnesses.

DATES: The comment period for the proposed rule published November 8,
2013, at 78 FR 67254, is extended. Comments must be submitted
(postmarked, sent or received) by March 8, 2014.

ADDRESSES: You may submit comments, identified by Docket No. OSHA-2013-
0023, by any one of the following methods:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, the Federal eRulemaking
Portal. Follow the instructions on-line for making electronic
submissions.
    Fax: If your comments, including attachments, do not exceed 10
pages, you may fax them to the OSHA Docket Office at<PHONE_NUMBER>.
    Mail, hand delivery, express mail, messenger or courier service:
You must submit three copies of your comments and attachments to the
OSHA Docket Office, Docket No. OSHA-2013-0023, U.S. Department of
Labor, Room N-2625, 200 Constitution Avenue NW., Washington, DC 20210;
telephone<PHONE_NUMBER> (OSHA's TTY number is<PHONE_NUMBER>).
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 8:15 a.m.-4:45 p.m., e.t.
    Instructions: All submission must include the docket number (Docket
No. OSHA-2013-0023) or RIN number (RIN 1218-AC49) for this rulemaking.
Because of security-related procedures, submission by regular mail may
result in significant delay. Please contact the OSHA Docket Office
about security procedures for hand delivery, express delivery,
messenger or courier.
    All comments, including any personal information you provide, are
placed in the public docket without change and may be made available on
http://www.regulations.gov. Therefore, OSHA cautions you about
submitting personal information such as social security numbers and
birthdates.
    Docket: To read or download submissions in response to the proposed
rule, go to Docket No. OSHA-2013-0023 at: http://www.regulations.gov.
All submissions are listed in the http://www.regulations.gov index,
however, some information (e.g., copyrighted material) is not publicly
available to read or download through that Web page. All submissions,
including copyrighted material, are available for inspections and
copying at the OSHA Docket Office.
    Electronic copies of this Federal Register document are available
at http://www.regulations.gov. This document, as well as news releases
and other relevant information, also are available at OSHA's Web page
at http://www.osha.gov.

FOR FURTHER INFORMATION CONTACT: Press inquiries: Frank Meilinger,
Director, OSHA, Office of Communications, Room N-3647, U.S. Department
of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone
(202) 693-1999; email<EMAIL_ADDRESS>    For general and technical information: Miriam Schoenbaum, OSHA
Office of Statistical Analysis, Room N-3507, U.S. Department of Labor,
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
1841; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    On November 8, 2013, OSHA published a proposed rule to revise its
regulation on Occupational Injury and Illness Recording and Reporting
(Recordkeeping) (78 FR 67254). The proposal would amend the
recordkeeping regulations to add requirements for the electronic
submission of injury and illness information employers are already
required to keep under OSHA's regulations for recording and reporting
occupational injuries and illnesses. The proposal set a February 6,
2014 deadline for submitting written comments.
    OSHA has received a request from the National Association of Home
Builders (NAHB) to extend the comment period an additional 90 days.
NAHB's reasons for requesting an extension include the overlap with the
proposed crystalline silica rulemaking, which will also affect the
construction industry. Further, the request stated that informing home
builders and coordinating their responses will take time and effort
beyond the 90 days provided.
    OSHA has decided to extend the deadline for submitting comments to
March 8, 2014, which provides stakeholders an additional 30 days. The
extension ensures that stakeholders will have a full 120 days to submit
comments, which OSHA believes is adequate for this limited rulemaking.
The extension also ensures that stakeholders who attend the January 9,
2014, public meeting on the proposed rule will have an opportunity to
incorporate into their comments their views on relevant information
presented at the meeting.

Authority and Signature

    This document was prepared under the direction of David Michaels,
Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and
Health. It is issued under the authority of Sections 8 and 24 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 657, 673), 5
U.S.C. 553, and Secretary of Labor's Order No. 41-2012 (77 FR 3912).

    Signed at Washington, DC, on January 2, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-00010 Filed 1-6-14; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 84, Number 249 (Monday, December 30, 2019)]
[Proposed Rules]
[Pages 71834-71836]
[FR Doc No: 2019-28145]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 133

[Docket No. FDA-2008-P-0086]

Cheeses and Related Cheese Products; Proposal To Permit the Use
of Ultrafiltered Milk; Reopening the Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Proposed rule; reopening of the comment period.

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

SUMMARY: The Food and Drug Administration (FDA or we) is reopening the
comment period for the proposed rule published in the Federal Register
of October 19, 2005, entitled ``Cheeses and Related Cheese Products;
Proposal to Permit the Use of Ultrafiltered Milk.'' The proposed rule
would amend our regulations to provide for the use of fluid
ultrafiltered (UF) milk in the manufacture of standardized cheeses and
related cheese products. We are reopening the comment period to receive
new information and further comment on current industry practices
regarding the use of fluid UF milk and fluid UF nonfat milk in the
manufacture of standardized cheeses and related cheese products, and
the declaration of fluid UF milk and fluid UF nonfat milk when used as
ingredients in standardized cheeses and related cheese products.

DATES: FDA is reopening the comment period on the proposed rule
published on October 19, 2005 (70 FR 60751). Submit either electronic
or written comments by March 30, 2020.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before March 30, 2020. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of March 30, 2020. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2008-P-0086 for ``Cheeses and Related Cheese Products; Proposal to
Permit the Use of Ultrafiltered Milk.'' Received comments, those filed
in a timely manner (see ADDRESSES), will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at https://www.regulations.gov or at the Dockets Management
Staff between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' We will review
this copy, including the claimed confidential information, in our
consideration of comments. The second copy, which will have the claimed

confidential information redacted/blacked out, will be available for
public viewing and posted on https://www.regulations.gov. Submit both
copies to the Dockets Management Staff. If you do not wish your name
and contact information to be made publicly available, you can provide
this information on the cover sheet and not in the body of your
comments and you must identify this information as ``confidential.''
Any information marked as ``confidential'' will not be disclosed except
in accordance with 21 CFR 10.20 and other applicable disclosure law.
For more information about FDA's posting of comments to public dockets,
see 80 FR 56469, September 18, 2015, or access the information at:
https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Daniel Reese, Center for Food Safety
and Applied Nutrition, Food and Drug Administration, 5001 Campus Dr.,
College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of October 19, 2005, we proposed to amend
our regulations to provide for the use of fluid UF milk in the
manufacture of standardized cheeses and related cheese products.
Specifically, the proposed rule, if finalized, for standardized cheeses
and related cheese products, would (1) Amend the definitions of
``milk'' and ``nonfat milk'' in Sec.  133.3 (21 CFR 133.3) to provide
for ultrafiltration of milk and nonfat milk; and (2) define
ultrafiltered milk and ultrafiltered nonfat milk in Sec.  133.3 as raw
or pasteurized milk or nonfat milk that is passed over one or more
semipermeable membranes to partially remove water, lactose, minerals,
and water-soluble vitamins without altering the casein-to-whey protein
ratio of the milk or nonfat milk and resulting in a liquid product. FDA
also proposed that the name of such treated milk be ``ultrafiltered
milk'' or ``ultrafiltered nonfat milk,'' as appropriate. Consequently,
when this type of milk is used, it would be declared in the ingredient
statement of the finished food as ``ultrafiltered milk'' or
``ultrafiltered nonfat milk.''
    This proposal was issued in response to citizen petitions from the
American Dairy Products Institute and the National Cheese Institute,
the Grocery Manufacturers of America, Inc., and the National Food
Processors Association. Interested persons were originally given until
January 17, 2006, to comment. We subsequently reopened the comment
period to seek further comment on two specific issues raised by the
comments concerning the proposed ingredient declaration (72 FR 70251,
December 11, 2007); the reopened comment period was scheduled to end on
February 11, 2008. In the Federal Register of February 11, 2008 (73 FR
7692), we extended the comment period until April 11, 2008.
    In the Federal Register of August 14, 2017 (82 FR 37815), we
announced the availability of a guidance for industry entitled
``Ultrafiltered Milk in the Production of Standardized Cheeses and
Related Cheese Products.'' In the guidance, we notified manufacturers
who wish to use UF milk or UF nonfat milk in the production of
standardized cheeses and related cheese products of our intent to
exercise enforcement discretion regarding the use of fluid UF milk and
fluid UF nonfat milk in the production of standardized cheeses and
related cheese products, provided that the physical, chemical, and
organoleptic properties of the cheese or cheese product are not
affected. We also stated our intent to exercise enforcement discretion
with respect to the labeling of fluid UF milk and fluid UF nonfat milk
in recognition of the costs and logistics involved in label changes;
however, we encouraged industry to identify these ingredients as
``ultrafiltered milk'' and ``ultrafiltered nonfat milk'' to the extent
feasible and appropriate. We further explained that we intend to
exercise enforcement discretion until we have completed a rulemaking
process amending our regulations with respect to the issues covered by
the guidance or announced our determination not to proceed with such a
rulemaking.

II. Additional Issues for Consideration

    To inform our decision on whether to proceed with the rulemaking
initiated in the October 19, 2005, proposal, we seek new information
and public comment on current industry practices regarding the use of
fluid UF milk and fluid UF nonfat milk in the manufacture of
standardized cheeses and related cheese products, and the declaration
of fluid UF milk and fluid UF nonfat milk in the labeling of these
products when used as ingredients. Of particular interest, we seek
comment on the following questions:
    1. We would like to understand whether there is variable use of
fluid UF milk or fluid UF nonfat milk in the production of standardized
cheeses and related cheese products. For example, if a company uses
fluid UF milk in the production of a standardized cheese, does the
amount of fluid UF milk remain constant, or does the amount vary
depending on certain factors (such as the cost of fluid UF milk)?
Please explain whether the amount of fluid UF milk or fluid UF nonfat
milk varies for specific standardized cheeses and related cheese
products and the factors that influence the variability. To maintain
the essential characteristics of the standardized cheese or cheese
product, is the amount of fluid UF milk or fluid UF nonfat milk limited
to a range (i.e., a minimum and maximum amount)? Please identify the
specific standardized cheese or cheese product and provide any ranges
or amounts and explain your reasoning.
    2. (a) We invite comment on why manufacturers may sometimes produce
their particular brands of standardized cheeses and related cheese
products with fluid UF milk or fluid UF nonfat milk and sometimes
without fluid UF milk or fluid UF nonfat milk. Please explain your
reasoning.
    (b) Given that manufacturers may sometimes choose to produce these
products with or without fluid UF milk or fluid UF nonfat milk, we are
interested in how ingredient labeling of these standardized cheeses and
related cheese products could be addressed.
    Our understanding is that fluid UF milk and fluid UF nonfat milk,
when used as ingredients in cheese, are always used in lesser amounts
by weight than milk and nonfat milk in order to avoid affecting the
physical, chemical, and organoleptic properties of the cheese. For
example, a manufacturer might use milk and fluid UF milk, but our
understanding is that the amount of fluid UF milk will be less than
that of milk. As such, milk would be the predominant ingredient and
declared first in the ingredient statement, per FDA's regulations that
require ingredients to be declared by their common or usual names in
descending order of predominance by weight (21 CFR 101.4(a)). Fluid UF
milk, if used, would be declared thereafter.
    Based on our understanding, we are considering whether, when fluid
UF milk and fluid UF nonfat milk are sometimes used as ingredients, the
labeling of standardized cheeses and cheese products may alternatively
declare ``milk or milk and ultrafiltered

milk'' or ``nonfat milk or nonfat milk and ultrafiltered nonfat milk''
in the ingredient statements. We invite comment on this consideration
and whether such declarations would indicate that fluid UF milk or
fluid UF nonfat milk may be an ingredient, but not as predominant as
milk or nonfat milk, and also enable manufacturers to avoid relabeling
costs if they use varying amounts of fluid UF milk or fluid UF nonfat
milk. Please discuss whether such declarations would be informative
(or, conversely, potentially misleading to consumers) and please
explain your reasoning.
    3. We also are interested in issues related to the costs of
printing different product labels and the logistics involved in label
changes when fluid UF milk and fluid UF nonfat milk are sometimes used
as ingredients in the production of a manufacturer's standardized
cheese or cheese product. For example, what impacts, if any, would a
label statement of ``milk or milk and ultrafiltered milk'' or ``nonfat
milk or nonfat milk and ultrafiltered nonfat milk'' have on labeling
costs? How would these costs compare if fluid UF milk and fluid UF
nonfat milk are declared only when used in the standardized cheese or
cheese product? Please explain your reasoning.
    4. Ultrafiltered milk is being used in a greater number of food
products than in the past. There are dairy products in the marketplace,
which appear to have gained consumer acceptance, where ``ultrafiltered
milk'' has appeared in the statement of identity or declared in the
ingredient statement on the product label. Are there any situations
where retailers or consumers would not purchase standardized cheeses or
cheese products labeled as containing ``ultrafiltered milk'' as an
ingredient? Please describe such situations and provide any recent
consumer data or market analyses you may have to explain your
reasoning.

    Dated: December 19, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-28145 Filed 12-27-19; 8:45 am]
 BILLING CODE 4164-01-P