[Federal Register Volume 77, Number 181 (Tuesday, September 18, 2012)]
[Notices]
[Pages 57614-57617]
[FR Doc No: 2012-22910]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67837; File No. SR-NASDAQ-2012-102]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Pricing of Options on Facebook, Inc., Google, Inc. and
Groupon, Inc.

September 12, 2012.
    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 August 31, 2012, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III, below, which Items have been prepared by NASDAQ.
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 NASDAQ Stock Market LLC proposes to modify pricing for NASDAQ
members using the NASDAQ Options Market (``NOM''), NASDAQ's facility
for executing and routing standardized equity and index options.
Specifically, NASDAQ proposes to amend Chapter XV, Section 2 entitled
``NASDAQ Options Market--Fees and Rebates'' to adopt rebates and fees
relating to options on Facebook, Inc. (``FB''), Google, Inc. (``GOOG'')
and Groupon, Inc. (``GRPN'').
    While the changes proposed herein are effective upon filing, the
Exchange has designated these changes to be operative on September 4,
2012.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaq.cchwallstreet.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    NASDAQ proposes to amend Chapter XV, Section 2 to adopt rebates and
fees relating to FB, GOOG and GRPN options.\3\ The Exchange has
previously adopted pricing specific to certain securities as have other
options exchanges. The Exchange proposes to assess the following
Rebates to Add Liquidity \4\, Fees for Adding Liquidity and Fees for
Removing Liquidity \5\ for transactions in FB, GOOG and GRPN:
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    \3\ FB, GOOG and GRPN are Non-Penny Pilot Options.
    \4\ An order that adds liquidity is one that is entered into NOM
and rests on the NOM book.
    \5\ An order that removes liquidity is one that is entered into
NOM and that executes against an order resting on the NOM book.

----------------------------------------------------------------------------------------------------------------
                                                                                Non-NOM market    NOM market
                                     Customer      Professional        Firm            maker           maker
----------------------------------------------------------------------------------------------------------------
Rebate to Add Liquidity.........           $0.77             N/A             N/A             N/A             N/A
Fee for Adding Liquidity........             N/A            0.45            0.45            0.45            0.25
Fee for Removing Liquidity......            0.79            0.85            0.85            0.85            0.79
----------------------------------------------------------------------------------------------------------------

    The Exchange is proposing to increase the Customer Rebate to Add
Liquidity for FB, GOOG and GRPN. Today, Customers receive the Non-Penny
Pilot Option Rebate to Add Liquidity. The FB, GOOG and GRPN Customer
Rebate to Add Liquidity would increase from $0.20 per contract (Non-
Penny Pilot Options Rebate to Add Liquidity) to $0.77 per contract (FB,
GOOG and GRPN Rebate to Add Liquidity). No other market participant
would be entitled to a Rebate to Add Liquidity in FB, GOOG and GRPN, as
is the case today.\6\
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    \6\ Today, only a Customer receives a Rebate to Add Liquidity in
Non-Penny Pilot Options.
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    The Exchange is proposing to increase the Professional Fee for
Adding Liquidity from $0.30 per contract (Non-Penny Pilot Options Fee
for Adding Liquidity) to $0.45 per contract Professional Fee for Adding
Liquidity in FB, GOOG and GRPN. Firms and Non-NOM Market Makers would
continue to pay a $0.45 per contract Fee for Adding Liquidity in FB,
GOOG and GRPN as they do today for Non-Penny Pilot Options. The
Exchange would decrease the NOM Market Maker Fee for Adding Liquidity
from $0.30 per contract (Non-Penny Pilot Options Fee for Adding
Liquidity) to a $0.25 per contract NOM Market Maker Fee for Adding
Liquidity in FB, GOOG and GRPN. Customers would continue to incur no
Fee for Adding Liquidity in FB, GOOG and GRPN, as is the case today.\7\
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    \7\ Today, Customers are not assessed a Fee for Adding Liquidity
in Non-Penny Pilot Options.
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    The Exchange is proposing to increase the Fees for Removing
Liquidity for FB, GOOG and GRPN. The FB, GOOG and GRPN Fees for
Removing Liquidity would increase as follows: A Customer that today
pays a Non-Penny Pilot Options Fee for Removing Liquidity of $0.45 per
contract would pay a $0.79 per contract Fee for Removing Liquidity in
FB, GOOG and GRPN, a Professional, Firm and Non-NOM Market Maker that
today pays a $0.50 per contract Non-Penny Pilot Fee for Removing
Liquidity would pay $0.85 per contract Fee for Removing Liquidity in
FB, GOOG and GRPN and a NOM Market Maker that today pays $0.50 per
contract Non-Penny Pilot Options Fee for Removing Liquidity would pay a
$0.79 per contract Fee for Removing Liquidity in FB, GOOG and GRPN.\8\
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    \8\ With respect to the Opening Cross, all orders would be
subject to Chapter XV, Section 2(2).
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    The Exchange believes that this pricing will incentivize members to
transact FB, GOOG and GRPN on NOM. The Exchange notes that if FB, GOOG
and GRPN are included in the Penny Pilot at a later date, the Exchange
would file to eliminate the specific fees and rebates for FB, GOOG and/
or GRPN in order that FB, GOOG and GRPN would be subject to the
Exchange's Penny Pilot Options \9\ pricing.
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    \9\ The Penny Pilot was established in March 2008 and in October
2009 was expanded and extended through June 30, 2012. See Securities
Exchange Act Release Nos. 57579 (March 28, 2008), 73 FR 18587 (April
4, 2008) (SR-NASDAQ-2008-026) (notice of filing and immediate
effectiveness establishing Penny Pilot); 60874 (October 23, 2009),
74 FR 56682 (November 2, 2009) (SR-NASDAQ-2009-091) (notice of
filing and immediate effectiveness expanding and extending Penny
Pilot); 60965 (November 9, 2009), 74 FR 59292 (November 17, 2009)
(SR-NASDAQ-2009-097) (notice of filing and immediate effectiveness
adding seventy-five classes to Penny Pilot); 61455 (February 1,
2010), 75 FR 6239 (February 8, 2010) (SR-NASDAQ-2010-013) (notice of
filing and immediate effectiveness adding seventy-five classes to
Penny Pilot); 62029 (May 4, 2010), 75 FR 25895 (May 10, 2010) (SR-
NASDAQ-2010-053) (notice of filing and immediate effectiveness
adding seventy-five classes to Penny Pilot); 65969 (December 15,
2011), 76 FR 79268 (December 21, 2011) (SR-NASDAQ-2011-169) (notice
of filing and immediate effectiveness extension and replacement of
Penny Pilot); and 67325 (June 29, 2012), 77 FR 40127 (July 6, 2012)
(SR-NASDAQ-2012-075) (notice of filing and immediate effectiveness
extension and replacement of Penny Pilot through December 31, 2012).
See also NOM Rules, Chapter VI, Section 5.
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    The Exchange is also proposing to make a technical amendment to the
pricing in Section 2(1) of Chapter XV to replace any reference to
``$0.00'' to ``N/A'' for clarity. The Exchange believes that using ``N/
A'' reduces confusion when no rebate is being paid or fee is being
assessed by the Exchange.
2. Statutory Basis
    NASDAQ believes that the proposed rule changes are consistent with
the

provisions of Section 6 of the Act,\10\ in general, and with Section
6(b)(4) of the Act,\11\ in particular, in that they provide for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using any facility or system
which NASDAQ operates or controls.
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    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(4).
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    The Exchange operates in a highly competitive market comprised of
ten U.S. options exchanges in which sophisticated and knowledgeable
market participants can and do send order flow to competing exchanges
if they deem fee levels at a particular exchange to be excessive or the
rebate offered to be inadequate. The Exchange believes that the
proposed fee and rebate scheme is competitive and similar to other fees
and rebates in place on other exchanges. The Exchange believes that
this competitive marketplace materially impacts the fees and rebates
present on the Exchange today and substantially influences the proposal
set forth above.
    The Exchange believes that its proposed Customer Rebate to Add
Liquidity for FB, GOOG and GRPN is reasonable because the Exchange is
continuing to incentivize NOM Participants to transact Customer order
flow on NOM. Customer order flow benefits all market participants
through the increased liquidity in the market. The Exchange believes
that its proposed Customer Rebate to Add Liquidity for FB, GOOG and
GRPN is equitable and not unfairly discriminatory because today in the
non-Penny Pilot names the Exchange only offers Customers a Rebate to
Add Liquidity. The Exchange will continue to only offer Customers a
rebate but increase that rebate.
    The Exchange believes the proposed increased Professional Fee for
Adding Liquidity in FB, GOOG and GRPN (from $0.30 to $0.45 per
contract) is reasonable because it is within the range of fees assessed
today to Firms and Non-NOM Market Makers transacting Non-Penny Pilot
Options on NOM today when those market participants are adding
liquidity.\12\ The Exchange believes that decreasing the NOM Market
Maker Fee for Adding Liquidity is reasonable because the Exchange is
seeking to incentivize NOM Market Makers to continue to add liquidity
on NOM by lowering the transaction fee from $0.30 to $0.25 per
contract. The Firm and Non-NOM Market Maker Fees for Adding Liquidity
in FB, GOOG and GRPN will remain at $0.45 per contract.
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    \12\ Firms and Non-NOM Market Makers are assessed a Non-Penny
Pilot Option Fee for Adding Liquidity of $0.45 per contract. These
market participants would continue to be assessed the same fees.
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    The Exchange believes that assessing Professionals a similar Fee
for Adding Liquidity in FB, GOOG and GRPN as Firms and Non-NOM Market
Makers is equitable and not unfairly discriminatory because the
Exchange is assessing all market participants the same fee, except
Customers who are not assessed a fee and NOM Market Makers who are
assessed a lower fee. As previously mentioned, attracting Customer
orders enhances liquidity on the Exchange for the benefit of all market
participants. The Exchange believes that assessing NOM Market Makers a
lower Fee for Adding Liquidity in FB, GOOG and GRPN is equitable and
not unfairly discriminatory because NOM Market Makers have obligations
to the market and regulatory requirements,\13\ which normally do not
apply to other market participants. A NOM Market Maker has the
obligation to make continuous markets, engage in a course of dealings
reasonably calculated to contribute to the maintenance of a fair and
orderly market, and not make bids or offers or enter into transactions
that are inconsistent with a course of dealings. The proposed
differentiation as between NOM Market Makers and other market
participants recognizes the differing contributions made to the
liquidity and trading environment on the Exchange by NOM Market Makers,
as well as the differing mix of orders entered.
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    \13\ Pursuant to Chapter VII (Market Participants), Section 5
(Obligations of Market Makers), in registering as a market maker, an
Options Participant commits himself to various obligations.
Transactions of a Market Maker in its market making capacity must
constitute a course of dealings reasonably calculated to contribute
to the maintenance of a fair and orderly market, and Market Makers
should not make bids or offers or enter into transactions that are
inconsistent with such course of dealings. Further, all Market
Makers are designated as specialists on NOM for all purposes under
the Act or rules thereunder. See Chapter VII, Section 5.
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    The Exchange believes that the proposed Fees for Removing Liquidity
for FB, GOOG and GRPN are reasonable because the Exchange is proposing
to increase the fees for all market participants in order to offer
Customers an increased Rebate to Add Liquidity in FB, GOOG and GRPN of
$0.77 per contract. The Exchange believes that offering Customers a
financial incentive will attract additional Customer order flow to the
Exchange. Also, the proposed Fees for Removing Liquidity in FB, GOOG
and GRPN are similar to the non-Penny Pilot Options fees at BATS
Exchange, Inc. (``BATS'').\14\
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    \14\ BATS has a $0.75 per contract fee for Customer orders that
remove liquidity from the BATS Options book in non-Penny Pilot
securities. BATS also has an $0.80 per contract fee for
Professionals, Firms and Market Maker orders that remove liquidity
from the BATS Options order book in non-Penny Pilot Securities. See
BATS BZX Exchange Fee Schedule.
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    The Exchange believes that the proposed Fees for Removing Liquidity
for FB, GOOG and GRPN are equitable and not unfairly discriminatory
because all market participants would be assessed the same $0.85 per
contract fee except Customers and NOM Market Makers who would be
assessed a lower fee of $0.79 per contract. As mentioned previously,
attracting Customer orders enhances liquidity on the Exchange for the
benefit of all market participants and the increased fees for removing
liquidity cover the cost of offering Customers a rebate to add
liquidity in FB, GOOG and GRPN. Also, the Non-Penny Pilot Customer Fee
for Removing Liquidity is lower today for Customers as compared to
other market participants ($0.45 per contract vs. $0.50 per contract),
the proposed Customer Fee for Removing Liquidity in FB, GOOG and GRPN
would be lower for Customers as compared to Professionals, Firms and
Non-NOM Market Makers. The Exchange believes that providing NOM Market
Makers a lower Fee for Removing Liquidity in FB, GOOG and GRPN as
compared to Professionals, Firms and Non-NOM Market Makers is equitable
and not unfairly discriminatory because NOM Market Makers have
obligations to the market and regulatory requirements, which normally
do not apply to other market participants. The proposed differentiation
as between Customers and NOM Market Makers and other market
participants recognizes the differing contributions made to the
liquidity and trading environment on the Exchange by Customers and NOM
Market Makers, as well as the differing mix of orders entered.
    In the current U.S. options market, many of the contracts are
quoted in pennies. Under this pricing structure, the minimum penny tick
increment equates to a $1.00 economic value difference per contract,
given that a single standardized U.S. option contract covers 100 shares
of the underlying stock. Where contracts are quoted in $0.05 increments
(non-pennies), the value per tick is $5.00 in proceeds to the investor
transacting in these contracts. Liquidity rebate and access fee
structures on the make-take exchanges, including NOM, for securities
quoted in penny increments are commonly in the $0.30 to $0.45 per
contract range.\15\ A

$0.30 per contract rebate in a penny quoted security is a rebate
equivalent to 30% of the value of the minimum tick. A $0.45 per
contract fee in a penny quoted security is a charge equivalent to 45%
of the value of that minimum tick. In other words, in penny quoted
securities, where the price is improved by one tick with an access fee
of $0.45 per contract, an investor paying to access that quote is still
$0.55 better off than trading at the wider spread, even without the
access fee ($1.00 of price improvement - $0.45 access fee = $0.55
better economics). This computation is equally true for securities
quoted in wider increments. Rebates and access fees near the $0.85 per
contract level equate to only 17% of the value of the minimum tick in
Non-Penny Pilot Options, less than the experience today in Penny Pilot
Options. For example, a retail investor transacting a single contract
in a non-penny quoted security quoted a single tick tighter than the
rest of the market, and paying an access fee of $0.79 per contract, is
receiving an economic benefit of $4.21 ($0.05 improved tick = $5.00 in
proceeds - $0.79 access fee = $4.21). The Exchange believes that
encouraging NOM Market Makers to quote more aggressively by reducing
transaction fees \16\ and incentivizing Customer orders to post on NOM
will narrow the spread in FB, GOOG and GRPN to the benefit of investors
and all market participants by improving the overall economics of the
resulting transactions that occur on the Exchange, even if the access
fee paid in connection with such transactions is higher. Accordingly,
the Exchange believes that the proposed fees and rebates for FB, GOOG
and GRPN are reasonable, equitable and not unfairly discriminatory.
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    \15\ NOM is proposing to only pay a Customer a Rebate to Add
Liquidity in FB, GOOG and GRPN. Other market participants would not
be entitled to a rebate.
    \16\ The Exchange notes that the proposed $0.25 per contract NOM
Market Maker Fee for Adding in FB, GOOG and GRPN is significantly
less than transaction fees plus payment for order flow fees assessed
by other options exchanges. For example, on NASDAQ OMX PHLX LLC
(``Phlx''), the combined payment for order flow fee plus the
transaction fee is $0.92 per contract. See Phlx's Pricing Schedule.
Unlike Penny Pilot Options, the Exchange believes this significant
reduction in fees for adding liquidity will have the same effect as
a rebate in non-Penny Pilot Options in terms of a narrower spread.
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    Further, the Exchange believes that it is reasonable, equitable,
and not unfairly discriminatory to adopt specific pricing for FB, GOOG
and GRPN because pricing by symbol is a common practice on many U.S.
options exchanges as a means to incentivize order flow to be sent to an
exchange for execution in the most actively traded options classes. The
Exchange notes that FB, GOOG and GRPN are some of the most actively
traded options in the U.S.\17\ Finally, the Exchange believes the
proposed technical amendments to Section 2(1) of Chapter XV to replace
any reference to ``$0.00'' to ``N/A'' is reasonable, equitable and not
unfairly discriminatory because the Exchange is identifying when no
fees are assessed and no rebates paid with an ``N/A'' to avoid any
confusion.
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    \17\ From August 1, 2012 through August 21, 2012, FB was the 5th
most actively traded equity option class, GOOG was the 28th most
actively traded equity option class and GRPN was the 51st most
actively traded equity option class.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    NASDAQ does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. To the contrary,
NASDAQ has designed its fees and rebates to compete effectively for the
execution and routing of options contracts and to reduce the overall
cost to investors of options trading. The Exchange believes that the
proposed fee/rebate pricing structure would attract liquidity to and
benefit order interaction at the Exchange to the benefit of all market
participants.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\18\ At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
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    \18\ 15 U.S.C. 78s(b)(3)(A)(ii).
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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 email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2012-102 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-NASDAQ-2012-102. 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
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-NASDAQ-2012-102 and should
be submitted on or before October 9, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-22910 Filed 9-17-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: June 11, 2008 (Volume 73, Number 113)]
[Proposed Rules]
[Page 33027]
[DOCID:fr11jn08-18]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 15

[Docket Nos. FDA-2005-P-0196 and FDA-2007-0545] (formerly Docket No.
2005P-0450)

Salt and Sodium; Petition to Revise the Regulatory Status of Salt
andEstablish Food Labeling Requirements Regarding Salt and Sodium;
Public Hearing; Reopening of the Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public hearing; reopening of the comment period.

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SUMMARY: The Food and Drug Administration (FDA) is reopening until
August 11, 2008, the comment period for the notice of public hearing,
published in the Federal Register of October 23, 2007 (72 FR 59973),
requesting comments regarding FDA's current framework of policies
regarding salt and sodium and potential future approaches, including
approaches described in a citizen petition. The agency is taking this
action in response to a request for an extension to allow interested
persons additional time to submit comments. FDA is also reopening the
comment period to update comments and to receive any new information.

DATES: Submit written or electronic comments by August 11, 2008. The
administrative record of the hearing will remain open until August 11,
2008.

ADDRESSES: You may submit comments, identified by Docket Nos. FDA-2005-
P-0196 and FDA-2007-0545 (formerly Docket No. 2005P-0450), by any of
the following methods:
Electronic Submissions
    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Written Submissions
    Submit written submissions in the following ways:
     FAX:<PHONE_NUMBER>.
     Mail/Hand delivery/Courier [For paper, disk, or CD-ROM
submissions]: Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.
    To ensure more timely processing of comments, FDA is no longer
accepting comments submitted to the agency by e-mail. FDA encourages
you to continue to submit electronic comments by using the Federal
eRulemaking Portal, as described previously, in the ADDRESSES portion
of this document under Electronic Submissions.
    Instructions: All submissions received must include the agency name
and Docket No(s). for this rulemaking. All comments received may be
posted without change to  http://www.regulations.gov, including any
personal information provided. For additional information on submitting
comments, see the ``Comments'' heading of the SUPPLEMENTARY INFORMATION
section of this document.
    Docket: For access to the docket to read background documents or
comments received, go to  http://www.regulations.gov and insert the
docket number(s), found in brackets in the heading of this document,
into the ``Search'' box and follow the prompts and/or go to the
Division of Dockets Management, 5630 Fishers Lane, rm. 1061, Rockville,
MD 20852.

FOR FURTHER INFORMATION CONTACT: Juanita Yates, Center for Food Safety
and Applied Nutrition (HFS-555), Food and Drug Administration, 5100
Paint Branch Pkwy., College Park, MD 20740,<PHONE_NUMBER>, FAX: 301-436-
2964.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of October 23, 2007 (72 FR 59973), FDA
published a notice of public hearing requesting comments on FDA's
current regulatory framework of policies regarding salt and sodium and
future approaches, including approaches described in a citizen petition
submitted by the Center for Science in the Public Interest.
Specifically, FDA sought comments on the issues and questions presented
in section III of the notice. (See 72 FR 59973 at 59976.)
    Interested persons were originally given until March 28, 2008, to
comment on issues related to salt and sodium.

II. Request for Comments

    Following publication of the October 30, 2007, notice of public
hearing, FDA received a request for a 60-day extension of the comment
period. The request conveyed concern that the FDA Division of Dockets
Management Web site transition to the Federal Docket Management System
(FDMS) on January 15, 2008, delayed the public presentation of relevant
material in the docket and thus did not allow sufficient time to
develop a meaningful or thoughtful response to the request for comments
on the issues and questions presented in section III of the notice.
    FDA has considered the request and is reopening the comment period
for the notice of public hearing, for 60 days, until August 11, 2008.
The agency believes that reopening the comment period for 60 days
allows adequate time for interested persons to submit comments on the
issues and questions presented in section III of the notice without
significantly delaying the agency's consideration of issues related to
salt and sodium.

III. How to Submit Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) written or electronic comments regarding this document.
Submit a single copy of electronic comments to http://
www.regulations.gov or two paper copies of any mailed comments, except
that individuals may submit one paper copy. Comments are to be
identified with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.
    Please note that on January 15, 2008, the FDA Division of Dockets
Management Web site transitioned to the Federal Dockets Management
System (FDMS). FDMS is a Government-wide, electronic docket management
system. Electronic comments or submissions will be accepted by FDA only
through FDMS at http://www.regulations.gov.

    Dated: June 3, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E8-13122 Filed 6-10-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)]
[Notices]
[Pages 64120-64123]
[FR Doc No: 2018-26956]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP19-390-000.
    Applicants: Kinder Morgan Louisiana Pipeline LLC.
    Description: eTariff filing per 1430: FERC Form No. 501-G to be
effective N/A.
    Filed Date: 12/6/18.

    Accession Number: 20181206-5122.
    Comments Due: 5 p.m. ET 12/18./18.

    Docket Numbers: RP19-392-000.
    Applicants: Midcontinent Express Pipeline LLC.
    Description: eTariff filing per 1430: FERC Form No. 501-G Report to
be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5135.
    Comments Due: 5 p.m. ET 12/18./18.

    Docket Numbers: RP19-393-000.
    Applicants: Kinder Morgan Illinois Pipeline LLC.
    Description: eTariff filing per 1430: FERC Form No. 501-G to be
effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5137.
    Comments Due: 5 p.m. ET 12/18./18.

    Docket Numbers: RP19-394-000.
    Applicants: Sea Robin Pipeline Company, LLC.
    Description: eTariff filing per 1430: FERC Form No. 501-G Report to
be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5156.
    Comments Due: 5 p.m. ET 12/18./18.

    Docket Numbers: RP19-395-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: eTariff filing per 1430: FERC Form No. 501-G to be
effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5157.
    Comments Due: 5 p.m. ET 12/18./18.

    Docket Numbers: RP19-396-000.
    Applicants: MarkWest Pioneer, L.L.C.
    Description: eTariff filing per 1430: FERC Form No. 501-G Filing to
be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5162.
    Comments Due: 5 p.m. ET 12/18./18.

    Docket Numbers: RP19-397-000.
    Applicants: DBM Pipeline, LLC.
    Description: eTariff filing per 1430: Form 501-G Filing to be
effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5167.
    Comments Due: 5 p.m. ET 12/18./18.

    Docket Numbers: RP19-398-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Update (TRMC Redesignation) to be effective 12/7/2018.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5168.
    Comments Due: 5 p.m. ET 12/18./18.

    Docket Numbers: RP19-399-000.
    Applicants: Great Lakes Gas Transmission Limited Par.
    Description: eTariff filing per 1430: GLGT Form 501-G Report to be
effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5174.
    Comments Due: 5 p.m. ET 12/18./18.

    Docket Numbers: RP19-400-000.
    Applicants: Nautilus Pipeline Company, L.L.C.
    Description: eTariff filing per 1430: Nautilus FERC Form 501-G to
be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5176.
    Comments Due: 5 p.m. ET 12/18./18.

    Docket Numbers: RP19-401-000.
    Applicants: Nautilus Pipeline Company, L.L.C.
    Description: eTariff filing per 1440: Nautilus Limited Section 4
Filing to be effective 2/1/2019.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5177.
    Comments Due: 5 p.m. ET 12/18./18.

    Docket Numbers: RP19-402-000.
    Applicants: Florida Gas Transmission Company, LLC.
    Description: eTariff filing per 1430: FERC Form No. 501-G Report to
be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5180.
    Comments Due: 5 p.m. ET 12/18./18.

    Docket Numbers: RP19-403-000.
    Applicants: ANR Pipeline Company.
    Description: eTariff filing per 1430: ANR Form No. 501-G Report to
be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5181.
    Comments Due: 5 p.m. ET 12/18./18.

    Docket Numbers: RP19-403-000.
    Applicants: ANR Pipeline Company.
    Description: (doc-less) Motion to Intervene of Koch Energy
Services, LLC. under RP19-403, et al.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5292.
    Comments Due: 5 p.m. ET 12/18./18.

    Docket Numbers: RP19-404-000.
    Applicants: Mojave Pipeline Company, L.L.C.
    Description: eTariff filing per 1430: Mojave Form 501-G Filing to
be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5182.
    Comments Due: 5 p.m. ET 12/18./18.

    Docket Numbers: RP19-405-000.
    Applicants: ANR Storage Company.
    Description: eTariff filing per 1430: ANR Storage Form No. 501-G
Report to be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5187.
    Comments Due: 5 p.m. ET 12/18./18.

    Docket Numbers: RP19-405-000.
    Applicants: ANR Storage Company
    Description: (doc-less) Motion to Intervene of Koch Energy
Services, LLC. under RP19-403, et al.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5292.
    Comments Due: 5 p.m. ET 12/18./18.

    Docket Numbers: RP19-406-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: eTariff filing per 1430: Columbia Form No. 501-G
Report to be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5189.
    Comments Due: 5 p.m. ET 12/18./18.

    Docket Numbers: RP19-407-000.
    Applicants: Transwestern Pipeline Company, LLC.
    Description: eTariff filing per 1430: FERC Form No. 501-G Report to
be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5190.
    Comments Due: 5 p.m. ET 12/18./18.

    Docket Numbers: RP19-408-000.
    Applicants: Columbia Gulf Transmission, LLC.
    Description: eTariff filing per 1430: Columbia Gulf Form No. 501-G
Report to be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5191.
    Comments Due: 5 p.m. ET 12/18./18.

    Docket Numbers: RP19-409-000.
    Applicants: Great Lakes Gas Transmission Limited Par.
    Description: eTariff filing per 1440: GLGT 501-G Limited Section 4
to be effective 2/1/2019.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5192.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-410-000.
    Applicants: Crossroads Pipeline Company.
    Description: eTariff filing per 1430: Crossroads Form No. 501-G
Report to be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5193.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-411-000.
    Applicants: Northern Border Pipeline Company.
    Description: eTariff filing per 1430: Northern Border 501-G Filing
to be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5194.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-412-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: eTariff filing per 1430: REX Form No. 501-G Report to
be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5195.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-413-000.

    Applicants: Colorado Interstate Gas Company, L.L.C.
    Description: eTariff filing per 1430: Colorado Interstate Gas Form
501-G Filing to be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5196.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-414-000.
    Applicants: Northern Border Pipeline Company.
    Description: eTariff filing per 1440: NBPL 501-G Limited Section 4
to be effective 2/1/2019.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5197.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-415-000.
    Applicants: Cimarron River Pipeline, LLC.
    Description: eTariff filing per 1430: Form 501-G to be effective N/
A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5198.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-416-000.
    Applicants: Tuscarora Gas Transmission Company.
    Description: eTariff filing per 1430: Tuscarora 501-G Filing to be
effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5201.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-417-000.
    Applicants: Cheniere Creole Trail Pipeline, L.P.
    Description: eTariff filing per 1430: Cheniere Creole Trail
Pipeline, LP FERC Form 501-G to be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5209.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-418-000.
    Applicants: NGO Transmission, Inc.
    Description: eTariff filing per 1430: FERC Form No. 501-G Filing to
be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5231.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-419-000.
    Applicants: Tuscarora Gas Transmission Company.
    Description: eTariff filing per 1440: Tuscarora 501-G Lim Section 4
to be effective 2/1/2019.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5221.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-420-000.
    Applicants: Wyoming Interstate Company, L.L.C.
    Description: eTariff filing per 1430: Wyoming Interstate Form 501-G
Filing to be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5224.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-421-000.
    Applicants: National Grid LNG, LLC.
    Description: eTariff filing per 1430: Form No. 501-G Informational
Filing to be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5225.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-422-000.
    Applicants: Rover Pipeline LLC.
    Description: eTariff filing per 1430: FERC Form No. 501-G Report to
be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5226.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-423-000.
    Applicants: Tallgrass Interstate Gas Transmission, L.
    Description: eTariff filing per 1430: TIGT Form No. 501-G Report to
be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5227.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-424-000.
    Applicants: Pine Needle LNG Company, LLC.
    Description: eTariff filing per 1430: Pine Needle Form No. 501-G
Report to be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5228.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-425-000.
    Applicants: Sierrita Gas Pipeline LLC.
    Description: eTariff filing per 1430: Sierrita Form 501-G Filing to
be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5235.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-426-000.
    Applicants: TransColorado Gas Transmission Company L.
    Description: eTariff filing per 1430: TransColorado Form 501-G
Filing to be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5236.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-427-000.
    Applicants: Honeoye Storage Corporation.
    Description: Compliance filing Honeoye Storage Corp Resubmission of
Approval of Stipulation and Agreement to be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5239.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-428-000.
    Applicants: Ruby Pipeline, L.L.C.
    Description: eTariff filing per 1430: Ruby Form 501-G Filing to be
effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5248.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-429-000.
    Applicants: National Fuel Gas Supply Corporation.
    Description: eTariff filing per 1430: NFGSC Form 501-G Filing to be
effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5252.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-430-000.
    Applicants: Cheyenne Plains Gas Pipeline Company, L.
    Description: eTariff filing per 1430: Cheyenne Plains Form 501-G
Filing to be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5256.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-431-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: eTariff filing per 1430: FERC Form No. 501-G Filing to
be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5257.
    Comments Due: 5 p.m. ET 12/18/18.
    Docket Numbers: RP19-432-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: eTariff filing per 1430: FERC Form No. 501-G Filing to
be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5258.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-433-000.
    Applicants: KO Transmission Company.
    Description: eTariff filing per 1430: Order No. 849 Compliance
Filing--Form No. 501-G to be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5261.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-434-000.
    Applicants: Destin Pipeline Company, L.L.C.
    Description: eTariff filing per 1430: Destin Form 501-G filing to
be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5262.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-435-000.
    Applicants: Dauphin Island Gathering Partners.
    Description: eTariff filing per 1430: Form 501-G to be effective N/
A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5263.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-436-000.
    Applicants: Venice Gathering System, L.L.C.

    Description: eTariff filing per 1430: Form 501-G Filing to be
effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5273.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-437-000.
    Applicants: American Midstream (Midla), LLC.
    Description: eTariff filing per 1430: Midla Submission of Form 501-
G to be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5281.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-438-000.
    Applicants: Trans-Union Interstate Pipeline, L.P.
    Description: eTariff filing per 1430: Trans-Union Form 501-G to be
effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5288.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-439-000.
    Applicants: Stagecoach Pipeline & Storage Company LL.
    Description: eTariff filing per 1430: Stagecoach Pipeline & Storage
Company LLC.--Form No. 501-G to be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5289.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-440-000.
    Applicants: Florida Southeast Connection, LLC.
    Description: eTariff filing per 1430: Form 501-G to be effective N/
A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5303.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-441-000.
    Applicants: WTG Hugoton, LP.
    Description: eTariff filing per 1430: WTG Hugoton FERC Form 501-G
Filing to be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5305.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-442-000.
    Applicants: West Texas Gas, Inc.
    Description: eTariff filing per 1430: West Texas Gas FERC Form 501-
G Filing to be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5306.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-443-000.
    Applicants: Western Gas Interstate Company.
    Description: eTariff filing per 1430: Western Gas Interstate FERC
Form 501-G Filing to be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5310.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-444-000.
    Applicants: Sabal Trail Transmission, LLC.
    Description: eTariff filing per 1430: Sabal Trail Form 501-G to be
effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5321.
    Comments Due: 5 p.m. ET 12/18/18.

    Docket Numbers: RP19-445-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: eTariff filing per 1430: 120618 Form 501-G Filing to
be effective N/A.
    Filed Date: 12/6/18.
    Accession Number: 20181206-5326.
    Comments Due: 5 p.m. ET 12/18/18.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 7, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-26956 Filed 12-12-18; 8:45 am]
 BILLING CODE 6717-01-P


From DTSC's web site (as of July 7, 2010) is the following description of their program.

How We Are Organized
   * DTSC's Executive Team
   * Program Descriptions - Under Construction
   * DTSC Organizational Charts - Under Construction
      The Department of Toxic Substances Control, or DTSC, protects California and Californians from exposures to hazardous wastes. DTSC operates programs to:
         o deal with the aftermath of improper hazardous waste management by overseeing site cleanups;
         o prevent releases of hazardous waste by ensuring that those who generate, handle, transport, store and dispose of wastes do so properly;
         o take enforcement actions against those who fail to manage hazardous wastes appropriately;
         o explore and promote means of preventing pollution and encourage reuse and recycling;
         o evaluate soil, water and air samples taken at sites and develop new analytical methods;
         o practice other environmental sciences, including toxicology, risk assessment, and technology development; and
         o involve the public in DTSC's decision-making.

DTSC Mission Statement and Strategic Plan
The Mission of the Department of Toxic Substances Control is to provide the highest level of safety, and to protect public health and the environment from toxic harm.
DTSC Strategic Plan

Overview of DTSC
Each year, Californians generate two million tons of hazardous waste. One hundred thousand privately- and publicly-owned facilities generate one or more of the 800-plus wastes considered hazardous under California law. Properly handling these wastes avoids threats to public health and degradation of the environment.
The Department of Toxic Substances Control (DTSC) regulates hazardous waste, cleans-up existing contamination, and looks for ways to reduce the hazardous waste produced in California. Approximately 1,000 scientists, engineers, and specialized support staff make sure that companies and individuals handle, transport, store, treat, dispose of, and clean-up hazardous wastes appropriately. Through these measures, DTSC contributes to greater safety for all Californians, and less hazardous waste reaches the environment.
On January 1, 2003, the Registered Environmental Assessor (REA) program joined DTSC. The REA program certifies environmental experts and specialists as being qualified to perform a number of environmental assessment activities. Those activities include private site management, Phase I Environmental Site Assessments, risk assessment and more.
What follows are brief descriptions of the various functions and activities that DTSC's dedicated staff perform on behalf of Californians and their environment.

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Toxics Questions
DTSC maintains open communication with the diverse publics it serves in a variety of ways. The Public Participation program is nationally recognized as the most proactive example of its type for citizen involvement. Statute and policy mandate a community involvement program that creates a dialogue with stakeholders when DTSC is cleaning-up a site, reviewing a permit application or engaging in other regulatory activities. Moreover, DTSC recognizes that public involvement in its decision-making process ultimately results in better environmental risk management decisions. DTSC's 30 Public Participation Specialists hold more than 350 meetings, hearings, briefings and panel discussions each year, and produce at least 350 public notices and fact sheets to keep residents informed of their opportunities to get involved.
Regulatory Assistance Officers, Hazardous Substances Scientists with a combined total of 45 years experience in DTSC, provide a critical service to the public. Their full-time job is to respond to inquiries from the regulated community, environmental firms, other agencies, and the public. They receive hundreds of calls and e-mails per week requesting information that runs the gamut from navigating DTSC's Web site to assistance in classifying waste. They report to the Regional Coordinator who works with the management teams in the four major regional offices and two satellite offices to ensure that the tools and policies of DTSC are in place so that the Department's work is carried out effectively. They also serve as liaisons to the public by representing DTSC through presentations, task force representation, and ombudsman functions.
Being accessible, accountable, and relevant is crucial to public service. DTSC works toward those goals by communicating with individuals, regulated businesses, community groups, media and other government agencies. Each year, DTSC staff members grant an average of 750 media interviews and send out 100 press releases. These actions keep the public informed of DTSC activities that may affect them such as site cleanup, enforcement, and permitting actions throughout the State.
Outreach and Web site staff members provide information to community members, local governments, and environmental groups. They find or create outreach opportunities to educate target audiences affected by DTSC's activities. Also, DTSC administers environmental justice programs in cooperation with Cal/EPA, the Governor's Office of Planning and Research, and civil rights organizations throughout the State. As an element of outreach, DTSC proudly supports the Governor's School Mentor Program. The Mentor Program offers staff an opportunity to mentor at-risk youth. This program contributes to the Governor's goal of recruiting, training, and matching quality mentors to reach one million California youth. The web coordinators work with DTSC program staff to present current and relevant information on the world wide web, and work with the Web site programmers to ensure that information is presented in the most accessible manner possible.
Frequently Requested Information

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Laws, Regulations & Policies
DTSC regulates hazardous waste in California primarily under the authority of the federal Resource Conservation and Recovery Act of 1976, and the California Health and Safety Code. Other laws that affect hazardous waste are specific to handling, storage, transportation, disposal, treatment, reduction, cleanup and emergency planning.
In addition, DTSC reviews and monitors legislation, as many as 200 bills each legislative session, to ensure that the position reflects the Department's goals. Staff legislative specialists coordinate DTSC's response to all proposed legislation that may positively or negatively affect the Department. Other functions include developing legislation, coordinating with lawmakers, and responding to constituent complaints.
From these laws, DTSC's major program areas develop regulations and consistent program policies and procedures. The regulations spell out what those who handle hazardous waste must do to comply with the laws. As is the case with environmental risk management decisions, these rulemakings are subject to public review and comment.
The California Environmental Quality Act (CEQA), signed into law in 1970, requires public agency decision-makers to consider and document the environmental implications of their actions. This law impels agency personnel to look for and use methods to avoid or reduce environmental damage in all projects and decisions they undertake. CEQA further places the responsibility on the agency to show that it has faithfully executed this process. Last year, DTSC produced more than 180 CEQA documents for technical projects and rulemakings.
Twenty-two attorneys provide legal guidance for the Department. They primarily engage in environmental advocacy and litigation ranging from prosecuting environmental violations and revoking permits, to cost recovery and collecting environmental fees.

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Overseeing Site Cleanup
DTSC is committed to establishing and implementing protective and consistent cleanup programs and standards that can serve as a model for California and the nation. An estimated 90,000 properties throughout the State - including former industrial properties, school sites, military bases, small businesses and landfills - are contaminated, or believed contaminated, with some level of toxic substances. Some of these are "brownfields," sites that often sit idle or underused, contributing to both urban blight and urban sprawl.
DTSC cleans-up or oversees approximately 220 hazardous substance release sites at any given time and completes an average of 125 cleanups each year. An additional 250 sites are listed on DTSC's EnviroStor database of properties that may be contaminated. Expediting cleanups is an important goal of the program, and a series of "Brownfields" initiatives support that effort. The Voluntary Cleanup Program and the Expedited Remedial Action Pilot Program encourage responsible parties to clean-up contaminated properties by offering economic, liability, or efficiency incentives. DTSC also encourages property owners to investigate and clean-up contamination if found, through a combination of low-interest loans. The Investigating Site Contamination and Cleanup Loans and Environmental Assistance to Neighborhoods (CLEAN Loans) Programs provide loans to investigate and clean-up urban properties. At present, funding for the Loan Program is extremely limited, but in 2001, DTSC received 11 loan applications for $7.9 million. The State Superfund covers sites for which there are no cleanup options through the responsible party and which threaten the people or the environment of California.
Additionally, DTSC works to ensure that all new, existing, and proposed school sites are environmentally safe. State laws require all proposed school sites that will receive state funding for purchase or construction to go through DTSC's environmental review. This process ensures that new school sites are uncontaminated, or if previously contaminated, that they have been cleaned-up to a safe level. Last year, DTSC assessed, investigated, or cleaned up more than 450 different school sites in California to ensure that the State's need for new schools is met and children are fully protected.
California has one-third of the closing military bases in the country and more than 1,000 former defense sites. DTSC is currently investigating, cleaning-up, or providing technical assistance at more than 160 current or former military installations statewide. This task presents some unique challenges including addressing residual unexploded ordinance, chemical and biological munitions, and otherwise toxic substances that remain on the property.
DTSC's Emergency Response Program provides immediate assistance during sudden or threatened releases of hazardous materials. Trained responders clean-up illegal drug labs, working with law enforcement agencies to remove toxic chemicals at roughly 2,000 labs per year. They have participated at more than 10,000 labs since 1995. They also clean-up hazardous substance spills related to off-highway transportation and natural disasters. DTSC crews are ready to go into an illegal drug lab, a train derailment site, or an earthquake-damaged area to remove dangerous substances before people are injured.
In addition, DTSC continues to have lead responsibility for cleanup and enforcement at several high profile federal Superfund sites including Casmalia Resources and Stringfellow. DTSC provides day-to-day operation at these sites from the Stringfellow on-site Pre-Treatment Plant, groundwater extraction wells and other containment systems to the monitoring and treatment systems.

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Regulating Those Who Manage Hazardous Waste
The U.S. Environmental Protection Agency (U.S. EPA) authorizes DTSC to carry out the Resource Conservation and Recovery Act (RCRA) program in California. Permitting, inspection, compliance, and corrective action programs ensure that people who manage hazardous waste follow state and federal requirements.
DTSC has permitted more than 130 major commercial facilities to treat, store, and dispose of hazardous waste in California. The Department uses a streamlined tiered permitting process to regulate the 5,000 businesses that perform lower-risk treatment and different permits cover hazardous waste generation, transportation, and recycling. In addition, DTSC tracks and monitors hazardous waste from its generation to ultimate disposal.
Ensuring compliance through inspection and enforcement is an important part of effectively regulating hazardous waste. DTSC conducts roughly 200 inspections a year, resulting in as many as 30 new enforcement cases. The investigators also provide technical and investigative support to federal prosecutors and district attorneys prosecuting environmental crimes. Also, DTSC investigators and inspectors respond to nearly 1,000 citizen complaints about hazardous waste each year. They refer most of these complaints to local government.
DTSC's Criminal Investigations Branch has the only law enforcement officers in the California Environmental Protection Agency (Cal/EPA). These peace officers, with the powers of arrest, and search and seizure, investigate alleged criminal violations of the Hazardous Waste Control Law. They work closely with district attorneys' offices, the federal Environmental Protection Agency, the Federal Bureau of Investigation, and law enforcement personnel in other states.
DTSC also oversees the implementation of the hazardous waste generator and onsite treatment program, one of the six environmental programs at the local level consolidated within the Unified Program. Seventy-two Certified Unified Program Agencies (CUPAs), which are generally part of the local Fire Department or Environmental Health Department, have authority to enforce regulations, conduct inspections, administer penalties, and hold hearings. DTSC participates in the triennial review of the CUPA's to ensure their programs are consistent statewide, conform to standards, and deliver quality environmental protection at the local level. This includes working closely with the CUPAs, and providing technical assistance and training.
Other innovative strategies DTSC uses to minimize negative environmental and public health effects from past, present and future generations include hazardous waste recycling and resource recovery. These efforts facilitate recycling and reuse of hazardous waste. The waste evaluation program assists in waste determinations to identify what substances and in what concentrations are harmful. The household hazardous waste and agricultural chemical collection programs focus on removing dangerous substances from homes and preventing their release into the environment through landfills, sewer systems and illegal dumping. DTSC also conducts a corrective action oversight program that assures any releases of hazardous constituents at generator facilities that conduct onsite treatment of hazardous waste are safely and effectively remediated.
Ensuring that the State has sufficient hazardous waste storage, treatment and landfill capacity is part of this process. DTSC collects and analyzes information about current and future waste generation to determine what the needs are and the most effective ways to address them.

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Encouraging Pollution Prevention
Pollution Prevention (P2) focuses on source reduction - eliminating or reducing the toxicity of a hazardous pollutant. Source reduction is preferable to recycling and treatment options because it avoids waste costs and management liability. It also provides the best protection for public health and the environment. The Hazardous Waste Source Reduction and Management Review Act requires hazardous waste generators to seriously consider source reduction as the preferred method of managing hazardous waste. DTSC uses this and other tools to motivate generators to consider and implement pollution prevention options.
For pollution prevention to be successful, everyone has to participate, so DTSC works to educate businesses and individuals. Teams create informative publications to help people use fewer hazardous substances. Speakers travel throughout the state, and DTSC's Web site now makes a vast store of knowledge available in moments. Recent efforts have included targeting education and outreach efforts toward specific industries that generate hazardous waste such as vehicle service and repair and petroleum refineries.
Cooperation between DTSC and other agencies or organizations such as CUPAs, trade associations, and local government programs is essential to reaching source reduction goals. DTSC representatives participate with local committees, boards, and agencies to ensure ongoing communication. DTSC also actively supports the Bay Area Green Business program that promotes P2 by recognizing "green" businesses, and many other local initiatives. At the annual Pollution Prevention Conference, 150 members of the pollution prevention community across California meet to discuss methods and progress. In addition, each September local agencies and organizations participate in Pollution Prevention Week by sponsoring more than 100 educational events throughout the State to make businesses and citizens more aware of opportunities to prevent pollution.
DTSC works to integrate pollution prevention strategies throughout its programs, in the regulatory and operational sense, and through each individual. From inspectors in the regional offices and scientists at the lab, to clerical staff in the headquarters, everyone works toward reducing hazardous substances, limiting waste, and preserving the environment. Capitalizing on innovative technologies has made California a national leader in developing better solutions for managing hazardous wastes.

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Science and Technology
Scientific accuracy is the cornerstone of DTSC's efforts from classifying waste to assessing risk. DTSC's scientists are experts at identifying concentrations of toxic chemicals in air, water, soil, sludge, hazardous waste streams, and biological and human tissues. They regularly provide cutting-edge information about the composition and risks of toxic substances, helping to avoid exposure that may be dangerous to children and adults. At the same time, developing new analysis and treatment methods for hazardous substances contributes to fewer exposures in the future.
DTSC's experts provide consultation and support worldwide in toxicology, industrial hygiene, and human and ecological risk assessment. The CalTox spreadsheet model, which was developed by DTSC staff, computes site-specific health-based soil cleanup concentrations, and LeadSpread is a tool for evaluating lead exposure. These scientists also research and prepare guidance documents, departmental policy, and legislation governing hazardous wastes. Other science staff responsibilities include supporting other DTSC programs by analyzing site samples, classifying and defining wastes, and testing cleaner technologies. The industrial hygiene staff deal with protecting workers from chemical and hazard exposures by monitoring, setting exposure limits and developing worker safety guidelines.
DTSC concentrates scientific operations at the Hazardous Materials Laboratory, an analytical chemistry laboratory with facilities in Berkeley and Los Angeles. Chemists provide sample analysis, data validation, data interpretation, and review sampling analysis plans and quality assurance program plans. Finally, staff members conduct basic and advanced training courses encompassing sampling plans and techniques, analytical procedures, and data interpretation.
DTSC's Environmental Technology Certification Program, winner of the 1996 Innovations in Government Award, fosters development of emerging technologies to improve environmental quality. This unique program helps developers bring their ideas to market and eases the regulatory burden by taking advantage of DTSC's tiered permitting system. Since the program began in 1994, DTSC has certified 25 hazardous waste environmental technologies. They include a more efficient oil filter; improved hazardous waste containment technology, two formaldehyde treatment methods for hospitals, an ozone generation and treatment system, and faster or less-expensive monitoring technologies for detecting contaminants in soil and water. Forming interstate and international partnerships has enhanced acceptance of these technologies beyond our borders, resulting in major economic and environmental benefits.

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Infrastructure
What began as a small unit within the California Department of Health Services has grown to a 1,000-person Department meeting many of California's environmental challenges. DTSC now has regional offices in Sacramento, Berkeley, Glendale, and Cypress and satellite offices in Clovis and San Diego. With this expansion, a support structure has developed to meet the Department's unique needs.
As the problem of hazardous substances in our communities continues to grow and change, DTSC must match it with skilled and qualified personnel. DTSC has very specific talent requirements. The Department's staff includes roughly 189 Hazardous Substance Scientists, 110 Engineers, 41 Geologists, 20 Toxicologists, 10 Industrial Hygienists, and 30 Public Participation Specialists. The remainder of DTSC's staff provide various types of technical administrative support.
DTSC supports a healthy working environment free of discrimination and ensures equality in all aspects of personnel management practices and policies for department employees and applicants. The Department provides employee training on EEO issues such as Preventing Sexual Harassment classes, management training on the Americans with Disabilities Act and Reasonable Accommodations. When necessary, staff members conduct investigations in response to complaints and provide consultation on how to handle discrimination or harassment.
Training of all types is essential to enhance organizational effectiveness and foster continued improvement. DTSC arranges or conducts training on a range of subject areas including technical, general and management classes that are responsive to new and existing staff needs, program changes and innovations. Taking care of employees is a critical element to maintaining a high-performing staff, therefore, DTSC operates an effective Employee Recognition Program, which is reviewed periodically to ensure that it is meaningful to the staff.
DTSC's financial support comes from State funds, special funds and from federal and other reimbursements. The special funds include hazardous waste activity fees established in the Health and Safety Code, such as permit fees. In addition, the Department makes every effort to recover State funds used in oversight or remediation of contaminated sites from the parties who are legally responsible for the contamination. This important process supports much of DTSC's work and developing a fee policy that promotes stability, revenue neutrality, and flexibility is essential. DTSC has the authority to recover its costs for overseeing corrective action done by owner/operators of permitted hazardous waste facilities. Cost Recovery has averaged $11 million per year in recent years, including reimbursement costs from Voluntary Cleanups. These efforts are successful due to a commitment by all DTSC staff members to carefully track and report all costs and time by site or project.
Budgeting, fiscal systems, accounting, and overseeing revenue projections are traditional functions in a government agency of monitoring and reporting expenditures to ensure consistency with state and federal requirements. Other needs include finding and buying goods and services. These functions are all critical to program effectiveness and DTSC's ability to execute its mission of protecting public health and the environment.
Increasingly, the backbone of any organization is its information management function. DTSC is no exception. A staff of 55 Information Systems Analysts and Programmer Analysts conduct applications programming and development, manage local and wide area networks, troubleshoot desktop computers and maintain the Department's office automation system. In addition, they ensure that DTSC's Web site is technically sound and compliant with the Governor's E-Government Initiative.

Director's External Advisory Group
This group is comprised of representatives of various communities of interest served by the DTSC. (A community of interest is not geographic body, but is instead based upon the interest stakeholders have in a site or issue). These include Environmental Groups, representatives from Industry, individuals from local communities, and others who want to share their thoughts and ideas on how DTSC operates. More info: http://www.dtsc.ca.gov/InformationResources/external_advisory_group.cfm