[Federal Register Volume 85, Number 54 (Thursday, March 19, 2020)]
[Notices]
[Pages 15841-15843]
[FR Doc No: 2020-05705]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 33817/March 13, 2020]

Investment Company Act of 1940; Order Under Section 6(C) and
Section 38(A) of the Investment Company Act of 1940 Granting Exemptions
From Specified Provisions of the Investment Company Act and Certain
Rules Thereunder; Commission Statement Regarding Prospectus Delivery

    The current outbreak of coronavirus disease 2019 (COVID-19) was
first reported on December 31, 2019. The disease has led to disruptions
to transportation, including buses, subways, trains and airplanes, and
the imposition of quarantines around the world. The Commission has
heard from industry representatives that COVID-19 may present
challenges for boards of directors of registered management investment
companies and business development companies (``BDCs'') to travel in
order to meet the in-person voting requirements under the Investment
Company Act of 1940 (the ``Investment Company Act'' or ``the Act'') and
rules thereunder. In addition, we recognize that registered management
investment companies and unit investment trusts (together, ``registered
funds'') may face challenges if, as a result of COVID-19, personnel of
registered fund managers or other third-party service providers that
are necessary to prepare these reports become unavailable, or only
available on a limited basis, in: (i) Preparing or transmitting annual
and semi-annual shareholder reports; and/or (ii) timely filing Forms N-
CEN and N-PORT. We also understand that due to recent market movements
certain registered closed-end funds (``closed-end funds'') and BDCs may
seek to call or redeem securities and may face challenges in providing
the advance notice required under Rule 23c-2. Finally, we appreciate
that there may be difficulties in the timely delivery of registered
fund prospectuses. In light of the current situation, we are issuing
this Order providing an exemption from certain requirements of the
Investment Company Act and a statement regarding prospectus delivery
obligations of registered funds.
    Section 6(c) of the Investment Company Act provides that the
Commission may conditionally or unconditionally exempt any person,
security or transaction, or any class or classes of persons, securities
or transactions, from any provision or provisions of the Investment
Company Act, or any rule or regulation thereunder, if and to the extent
that such exemption is necessary or appropriate in the public interest
and consistent with the protection of investors and the purposes fairly
intended by the policy and provisions of the Investment Company Act.
Section 38(a) of the Investment Company Act provides that the
Commission may make, issue, amend and rescind such rules and
regulations and such orders as are necessary or appropriate to the
exercise of the powers conferred upon the Commission under the
Investment Company Act.

I. Time Period for the Exemptive Relief

    The time period for the relief specified in this Order is as
follows:
     For the relief in Sections II and V of this Order, the
relief is limited to the period from and including the date of this
Order to June 15, 2020.
     For the relief in Sections III and IV of this Order, the
relief is limited to filing or transmittal obligations, as applicable,
for which the original due date is on or after the date of this Order
but on or prior to April 30, 2020.
    The Commission intends to continue to monitor the current
situation. The time period for any or all of the relief may, if
necessary, be extended with any additional conditions that are deemed
appropriate, and the Commission may issue other relief as necessary or
appropriate.

II. In-Person Board Meeting Requirements for Registered Management
Investment Companies and BDCs

    In light of the current and potential effects of COVID-19, the
Commission finds that the exemptions set forth below:

    are necessary and appropriate in the public interest and
consistent with the protection of investors and the purposes fairly
intended by the policy and provisions of the Investment Company Act;
and are necessary and appropriate to the exercise of the powers
conferred on it by the Investment Company Act.

    The necessity for prompt action of the Commission does not permit
prior notice of the Commission's action.
    Accordingly, it is ordered, pursuant to Sections 6(c) and 38(a) of
the Act:
    That for the period specified in Section I, a registered management
investment company or BDC and any investment adviser of or principal
underwriter for such registered management investment company or BDC is
exempt from the requirements imposed under sections 15(c) and 32(a) of
the Investment Company Act and Rules 12b-1(b)(2) and 15a-4(b)(2)(ii)
under the Investment Company Act that votes of the board of directors
of either the registered management investment company or BDC be cast
in person, provided that:
    (i) Reliance on this Order is necessary or appropriate due to
circumstances related to current or potential effects of COVID-19;
    (ii) the votes required to be cast at an in-person meeting are
instead cast at a meeting in which directors may participate by any
means of communication that allows all directors participating to hear
each other simultaneously during the meeting; and
    (iii) the board of directors, including a majority of the directors
who are not interested persons of the registered management investment
company or BDC, ratifies the action taken pursuant to this exemption by
vote cast at the next in-person meeting.

III. Forms N-CEN and N-PORT Filing Requirements

    Disruptions to transportation, and limited access to facilities,
personnel, and third party service providers as a result of COVID-19
could hamper the efforts of registered funds with filing obligations to
meet their filing deadlines. At the same time, investors and the
Commission have an interest in the timely availability of required
information about their investments, and we remind registered funds who
are

relying on this Order to continue to evaluate their obligations to make
materially accurate and complete disclosures in accordance with the
federal securities laws.
    In light of the current and potential effects of COVID-19, the
Commission finds that the exemptions set forth below:

    Are necessary and appropriate in the public interest and
consistent with the protection of investors and the purposes fairly
intended by the policy and provisions of the Investment Company Act;
and are necessary and appropriate to the exercise of the powers
conferred on it by the Investment Company Act.

    The necessity for prompt action of the Commission does not permit
prior notice of the Commission's action.
    Accordingly, it is ordered, pursuant to Section 6(c) and 38(a) of
the Investment Company Act:
    That for the period specified in Section I, a registered fund that
is required to file Form N-CEN pursuant to Rule 30a-1 under the
Investment Company Act, or Form N-PORT pursuant to Rule 30b1-9 under
the Investment Company Act, is temporarily exempt from such form filing
requirements where the conditions below are satisfied.

Conditions

    (a) The registered fund is unable to meet a filing deadline due to
circumstances related to current or potential effects of COVID-19;
    (b) Any registered fund relying on this Order promptly notifies the
Commission staff via email at<EMAIL_ADDRESS>stating:
    (1) That it is relying on this Order;
    (2) a brief description of the reasons why it could not file its
report on a timely basis; and
    (3) the estimated date by which it expects to file the report.
    (c) Any registered fund relying on this Order includes a statement
on the applicable registered fund's public website briefly stating that
it is relying on this Order and the reasons why it could not file its
reports on a timely basis;
    (d) The registered fund required to file such Form N-CEN or Form N-
PORT files such report as soon as practicable, but not later than 45
days after the original due date; and
    (e) Any Form N-CEN or Form N-PORT filed pursuant to this Order must
include a statement of the filer that it relied on this Order and the
reasons why it was unable to file such report on a timely basis.

IV. Transmittal of Annual and Semi-Annual Reports to Investors Required
by the Investment Company Act and the Rules Thereunder

    For the reasons cited in Section III above, we believe that relief
is warranted for the preparation or transmittal by registered funds of
annual and semi-annual reports to investors. In light of the current
and potential effects of COVID-19, the Commission finds that the
exemptions set forth below:

Are necessary and appropriate in the public interest and consistent
with the protection of investors and the purposes fairly intended by
the policy and provisions of the Investment Company Act; and are
necessary and appropriate to the exercise of the powers conferred on
it by the Act.

    The necessity for prompt action of the Commission does not permit
prior notice of the Commission's action.
    Accordingly, it is ordered, pursuant to Sections 6(c) and 38(a) of
the Investment Company Act: That for the period specified in Section I,
a registered management investment company is temporarily exempt from
the requirements of Section 30(e) of the Investment Company Act and
Rule 30e-1 thereunder to transmit annual and semi-annual reports to
investors where the conditions below are satisfied; and
    For the period specified in Section I, a registered unit investment
trust is temporarily exempt from the requirements of Section 30(e) of
the Investment Company Act and Rule 30e-2 thereunder to transmit annual
and semi-annual reports to unitholders where the conditions below are
satisfied.

Conditions

    (a) The registered fund is unable to prepare or transmit the report
due to circumstances related to current or potential effects of COVID-
19;
    (b) Any registered fund relying on this Order promptly notifies the
staff via email at<EMAIL_ADDRESS>stating:
    (1) that it is relying on this Order;
    (2) a brief description of the reasons why it could not transmit
its report on a timely basis; and
    (3) the estimated date by which it expects to transmit the report;
    (c) Any registered fund relying on this Order includes a statement
on the applicable registered fund's public website briefly stating that
it is relying on this Order and the reasons why it could not prepare
and transmit its reports on a timely basis; and
    (d) The registered fund transmits the reports to shareholders as
soon as practicable, but not later than 45 days after the original due
date and files the report within 10 days of its transmission to
shareholders.

V. Timing of Filing Form N-23c-2 With the Commission Required by the
Investment Company Act and the Rules Thereunder

    For the reasons cited in Section III above, we believe that relief
is warranted for closed-end funds and BDCs with respect to the 30-day
notice requirement in Rule 23c-2(b) under the Investment Company Act.
In light of the current and potential effects of COVID-19, the
Commission finds that the exemptions set forth below:

Are necessary and appropriate in the public interest and consistent
with the protection of investors and the purposes fairly intended by
the policy and provisions of the Act; and are necessary and
appropriate to the exercise of the powers conferred on it by the
Act.

    The necessity for prompt action of the Commission does not permit
prior notice of the Commission's action.
    Accordingly, it is ordered, pursuant to Section 6(c) and 38(a) of
the Investment Company Act:
    That for the period specified in Section I, closed-end funds and
BDCs are temporarily exempt from the requirement to file with the
Commission notices of their intention to call or redeem securities at
least 30 days in advance under Sections 23(c) and 63, as applicable, of
the Investment Company Act and Rule 23c-2 thereunder if such company
files a Form N-23C-2 (``Notice'') with the Commission fewer than 30
days prior to, including the same business day as, the company's call
or redemption of securities of which it is the issuer where the
conditions below are satisfied:

Conditions

    (a) The closed-end fund or BDC (``Company'') relying on this Order:
    (1) Promptly notifies Commission staff via email at<EMAIL_ADDRESS>stating:
    a. That it is relying on this Order; and
    b. a brief description of the reasons why it needs to file a Notice
fewer than 30 days in advance of the date set by the Company for
calling or redeeming the securities of which it is the issuer;
    (2) ensures that the filing of the Notice on an abbreviated time
frame is permitted under relevant state law and the Company's governing
documents;
    (3) files a Notice that contains all the information required by
Rule 23c-2 prior to:
    a. Any call or redemption of existing securities;
    b. the commencement of any offering of replacement securities; and

    c. providing notification to the existing shareholders whose
securities are being called or redeemed.

VI. Commission Statement Regarding Prospectus Delivery

    For the reasons cited in Section III above, the Commission takes
the position that it would not provide a basis for a Commission
enforcement action if a registered fund does not deliver to investors
the current prospectus of the registered fund where the prospectus is
not able to be timely delivered because of circumstances related to
COVID-19 and delivery was due during the limited period specified
below, provided that the sale of shares to the investor was not an
initial purchase by the investor of shares of the registered fund and:
    (1) The registered fund:
    (a) Notifies Division of Investment Management staff via email at
<EMAIL_ADDRESS>stating: (1) That it is relying on this
Commission position; (2) a brief description of the reasons why it or
any other person required could not deliver the prospectus to investors
on a timely basis; and (3) the estimated date by which it expects the
prospectus to be delivered;
    (b) Publishes on its public website that it intends to rely on the
Commission position and briefly states the reasons why it could not
deliver the prospectus on a timely basis;
    (c) Publishes its current prospectus on its public website; and
    (2) Delivery was originally required on or after the date of this
Order but on or prior to April 30, 2020, and the prospectus is
delivered to investors as soon as practicable, but not later than 45
days after the date originally required.

    By the Commission.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-05705 Filed 3-18-20; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 29 (Friday, February 12, 2016)]
[Notices]
[Page 7549]
[FR Doc No: 2016-02889]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0247]

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approval; Guidance for Industry on Formal
Meetings With Sponsors and Applicants for Prescription Drug User Fee
Act Products

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
collection of information entitled ``Guidance for Industry on Formal
Meetings With Sponsors and Applicants for Prescription Drug User Fee
Act Products'' has been approved by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On October 21, 2015, the Agency submitted a
proposed collection of information entitled ``Guidance for Industry on
Formal Meetings With Sponsors and Applicants for Prescription Drug User
Fee Act Products'' to OMB for review and clearance under 44 U.S.C.
3507. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. OMB has now approved the
information collection and has assigned OMB control number 0910-0429.
The approval expires on December 31, 2018. A copy of the supporting
statement for this information collection is available on the Internet
at http://www.reginfo.gov/public/do/PRAMain.

    Dated: February 8, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-02889 Filed 2-11-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 23 (Monday, February 6, 2017)]
[Notices]
[Pages 9377-9378]
[FR Doc No: 2017-02392]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL17-38-000]

Alpaca Energy LLC; Milan Energy LLC; Notice of Institution of
Section 206 Proceeding and Refund Effective Date

    On January 30, 2017, the Commission issued an order in Docket No.
EL17-38-000, pursuant to section 206 of the Federal Power Act (FPA), 16
U.S.C. 824e (2012), instituting an investigation into whether the
Reactive Service Rate Schedules of Alpaca Energy LLC and Milan Energy
LLC may be unjust, unreasonable, unduly discriminatory or

preferential. Alpaca Energy LLC, 158 FERC 61,087 (2017).
    The refund effective date in Docket No. EL17-38-000, established
pursuant to section 206(b) of the FPA, will be the date of publication
of this notice in the Federal Register.
    Any interested person desiring to be heard in Docket No. EL17-38-
000 must file a notice of intervention or motion to intervene, as
appropriate, with the Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426, in accordance with Rule 214 of the
Commission's Rules of Practice and Procedure, 18 CFR 385.214, within 21
days of the date of issuance of the order.

    Dated: January 31, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-02392 Filed 2-3-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: December 6, 2006 (Volume 71, Number 234)]
[Notices]
[Page 70798]
[DOCID:fr06de06-103]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon written request, copies available from: Securities and Exchange
Commission, Office of Filings and Information Services, Washington, DC
20549.

Extension: Rule 30e-1; SEC File No. 270-21; OMB Control No. 3235-
0025.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission
(the ``Commission'') is soliciting comments on the collections of
information summarized below. The Commission plans to submit these
existing collections of information to the Office of Management and
Budget (``OMB'') for extension and approval.
    The collection of information is entitled: ``Rule 30e-1 under the
Investment Company Act of 1940, Reports to Stockholders of Management
Companies.'' Section 30(e) (15 U.S.C. 80a-29(e)) of the Investment
Company Act of 1940 (``Investment Company Act'') (15 U.S.C. 80a-1 et
seq.) requires a registered investment company (``fund'') to transmit
to its shareholders, at least semi-annually, reports containing
information and financial statements as the Commission may prescribe.
Among other requirements, Rule 30e-1 (17 CFR 270.30e-1) under the
Investment Company Act directs funds to include in the shareholder
reports the information that is required by the fund's registration
statement. Failure to require the collection of this information would
seriously impede the amount of current information available to
shareholders and the public about funds and would prevent the
Commission from implementing the regulatory program required by
statute. The estimated annual number of respondents providing
shareholder reports under Rule 30e-1 is 4,040. The proposed frequency
of response is semi-annual. The estimate of the total annual reporting
burden of the collection of information is approximately 145.8 hours
per shareholder report and the total estimated annual burden for the
industry is 1,178,064 hours (145.8 hours per report x 2 reports x 4,040
funds). Providing the information required by Rule 30e-1 is mandatory.
Responses will not be kept confidential. Estimates of the burden hours
are made solely for the purposes of the Paperwork Reduction Act, and
are not derived from a comprehensive or even a representative survey or
study of the costs of SEC rules and forms.
    An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid control number.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to R. Corey Booth, Director/
Chief Information Officer, Securities and Exchange Commission, C/O
Shirley Martinson, 6432 General Green Way, Alexandria, VA 22312 or send
an e-mail to<EMAIL_ADDRESS>
    November 27, 2006.
Nancy M. Morris,
Secretary.
[FR Doc. E6-20576 Filed 12-5-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 97 (Friday, May 21, 2021)]
[Rules and Regulations]
[Page 27523]
[FR Doc No: 2021-10741]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2021-0319]

Safety Zone; Southern California Annual Fireworks for the San
Diego Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zone for the Coronado
Glorietta Bay Fourth of July Fireworks on the waters of Glorietta Bay,
CA on Sunday, July 4, 2021. The safety zone is necessary to provide for
the safety of the participants, spectators, official vessels of the
event, and general users of the waterway. Our regulation for the
Southern California Annual Firework Events for the San Diego Captain of
the Port Zone identifies the regulated area for this event. During the
enforcement period, no spectators shall anchor, block, loiter in, or
impede the transit of official patrol vessels in the regulated area
without the approval of the Captain of the Port, or his designated
representative.

DATES: The regulations in 33 CFR 165.1123 will be enforced for the
location identified in Item 3 of Table 1 to Sec.  165.1123 from 8 p.m.
until 10 p.m. on July 4, 2021.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
publication, call or email Lieutenant John Santorum, Waterways
Management, U.S. Coast Guard Sector San Diego, CA; telephone 619-278-
7656, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
regulation in 33 CFR 165.1123 for, for the Coronado Glorietta Bay
Fourth of July Fireworks regulated area described in Table 1, Item 3 of
that section from 8 p.m. until 10 p.m. on July 4, 2021. This action is
being taken to provide for the safety of life on navigable waterways
during the fireworks event. Our regulation for Southern California
Annual Firework Events for the San Diego Captain of the Port Zone,
Sec.  165.1123, identifies the regulated area for the Coronado
Glorietta Bay Fourth of July Fireworks event which encompasses a
portion of Glorietta Bay. Under the provisions of Sec.  165.1123, a
vessel may not enter the regulated area, unless it receives permission
from the Captain of the Port, or his designated representative.
Spectator vessels may safely transit outside the regulated area but may
not anchor, block, loiter, or impede the transit of participants or
official patrol vessels. The Coast Guard may be assisted by other
Federal, State, or Local law enforcement agencies in enforcing this
regulation.
    In addition to this notice of enforcement in the Federal Register,
the Coast Guard plans to provide notification of this enforcement
period via the Local Notice to Mariners, marine information broadcasts,
and local advertising by the event sponsor.
    If the Captain of the Port or his designated representative
determines that the regulated area need not be enforced for the full
duration stated on this document, he or she may use a Broadcast Notice
to Mariners or other communications coordinated with the event sponsor
to grant general permission to enter the regulated area.

    Dated: May 14, 2021.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2021-10741 Filed 5-20-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 229 (Wednesday, November 28, 2012)]
[Notices]
[Pages 71023-71025]
[FR Doc No: 2012-28798]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68282; File No. SR-NYSE-2012-63]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Amending NYSE Rule 123C(9)(a)(1)(ii) To Delete the Requirement That the
Order Acceptance Cut-Off Time Cannot Be Past 4:30 p.m.

November 21, 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
November 8, 2012, New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend NYSE Rule 123C(9)(a)(1)(ii) to
delete the requirement that the order acceptance cut-off time cannot be
past 4:30 p.m. The text of the proposed rule change is available on the
Exchange's Web site at www.nyse.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 self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend Rule 123C(9)(a)(1)(ii) to delete the
requirement that the order acceptance cut-off time cannot be past 4:30
p.m. (or 30 minutes after the scheduled close in the case of an earlier
close).\3\
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    \3\ The Exchange notes that parallel changes are proposed to be
made to the rules of NYSE MKT LLC. See SR-NYSEMKT-2012-65.
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Background
    Pursuant to Rule 123C(9)(a)(1), the Exchange may suspend Rule 52
(Hours of Operation) to resolve an extreme order imbalance that may
result in a price dislocation at the close as a result of an order
entered into Exchange systems, or represented to a Designated Market
Maker (``DMM'') orally at or near the close. Rule 123C(9)(a)(1) was
intended to be and has been invoked to attract offsetting interest in
rare circumstances where there exists an extreme imbalance at the close
such that a DMM is unable to close the security without significantly
dislocating the price.
    Pursuant to Rule 123C(9)(a)(1)(ii), once it has been determined to
suspend Rule 52 and solicit offsetting interest, the Exchange is
responsible for soliciting such offsetting interest from both on-Floor
and off-Floor participants. Such solicitation requests include, at a
minimum, the security symbol, the imbalance amount and side, the last
sale price, and an order acceptance cut-off time. The Exchange
designates the order acceptance cut-off time, but the Rule currently
provides that in no event shall the order acceptance cut-off time be
later than 4:30 p.m. (or 30 minutes after the scheduled close in the
case of an earlier close).
    Currently, the Exchange uses Trader Updates to solicit interest
from off-Floor participants. The Exchange's Trader Updates are posted
on the Exchange's Web site and are distributed both by RSS feed and by
email to anyone who subscribes to receive such free updates.
    Since January 3, 2011, when the Rule, which was previously operated
on a pilot bases, became a permanent rule, the Exchange and NYSE MKT
LLC (``NYSE MKT''), which has an identical rule for its equity market,
have invoked the relief available pursuant to the Rule only once, on
September 21, 2012. In 2010, Rule 123C(9)(a)(1) was invoked only three
times on both markets.
Proposed Amendment
    The Exchange proposes to amend Rule 123C(9)(a)(1)(ii) to delete the
requirement that the order acceptance cut-off time shall be no later
than 4:30 p.m., or in the case of an early scheduled close, 30 minutes
after the closing time. The Exchange believes it is appropriate to
delete the bright-line cut off time because it hinders the ability of
the Exchange to ensure a fair and orderly close if adhering to the 4:30
p.m. order acceptance cut-off time is not possible under the particular
circumstances.
    In particular, the Exchange notes that for two of the four times
that the rule has been invoked since 2010, the Exchange has extended
the order acceptance cut-off time past 4:30 p.m. The reasons for the
extensions differed, but the Exchange believes that given the rarity of
the need to invoke the provisions of Rule 123C(9)(a)(1) in the first
instance, together with what the Exchange has experienced in those few
events, it is appropriate to delete the bright-line 4:30 p.m. cut-off
time.
    For example, on February 12, 2010, due to corporate actions in
Berkshire Hathaway (BRK) Class A and B securities, there was
significant trading volume in those securities, including at the close.
In the circumstances, it was determined that the most efficient manner
to effect the close of trading in those securities was to effect the
closing transaction in BRK-B before closing the BRK-A shares. After
closing the BRK-B security at 4:19 p.m., the DMM assessed the shares
eligible to be executed for the BRK-A close and determined that the
imbalance was significant enough to invoke the procedures of Rule
123C(9)(a)(1). Due to the complexity of the situation, the Exchange was
not able to issue its solicitation of offsetting interest until 4:27
p.m. Because three minutes was not sufficient time to receive incoming
offsetting interest and close the security, the Exchange accepted order
flow past the 4:30 p.m. order acceptance cut-off time. The Exchange
filed with the Commission a rule proposal that permitted the temporary
suspension of the Rule 123C(9)(a)(1)(ii) 4:30 p.m. order acceptance
cut-off time.\4\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 61549 (Feb. 19,
2010), 75 FR 9009 (Feb. 26, 2010) (SR-NYSE-2010-09).
---------------------------------------------------------------------------

    More recently, on Friday, September 21, 2012, there was a buy
imbalance in Weatherford International LTD (WFT) that could not be
satisfied by sell orders on the Book. Accordingly, the Exchange invoked
procedures pursuant to Rule 123C(9) to solicit interest from both off-
Floor and on-Floor participants to offset that imbalance. While the
Exchange initiated publication of solicitation for such offsetting
interest immediately following 4:00 p.m., due to delays in the
Exchange's web and email systems, the Exchange's two solicitations of
interest, which were sent at 4:22 p.m. and 4:28 p.m., did not leave
Exchange systems until 4:29 p.m. and 4:35 p.m., respectively, and were
time-stamped accordingly. Because of these delays, the Exchange
extended the order acceptance cut-off time to 4:35 p.m., which is past
the time prescribed in Rule 123C(9)(a)(1)(ii). By extending the order
acceptance cut-off time to 4:35 p.m., the Exchange was able to attract
sufficient sell-side interest to offset the buy imbalance and the stock
was closed shortly thereafter on a transaction of 7.822 million shares,
unchanged from the last sale price of $13.54.\5\
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    \5\ On September 27, 2012, the Exchange published a Trader
Update that provided the public with notice of this issue: http://traderupdates.nyse.com/2012/09/weatherford_international_ltd.html.
---------------------------------------------------------------------------

    Although the Exchange did not have rule authority to extend the
order acceptance cut-off time in the WFT closing situation to 4:35
p.m., the Exchange believes that it acted appropriately under the
circumstances to ensure that WFT could close in a fair and orderly
manner at a price that was not significantly dislocated from the last
sale price. In particular, the issue that the Exchange experienced with
respect to its web and email system was unanticipated and the Exchange
sought to respond in a manner that protected investors and the public
interest by ensuring a fair and orderly close.
    The Exchange believes it is appropriate to provide the Exchange
with authority to designate an order acceptance cut-off time that is
tailored to the particular situation, rather than have to adhere to the
4:30 p.m. time frame. The Exchange's ultimate goal is to ensure a fair
and orderly close in a manner that is as close to the official 4:00
p.m. closing time as possible. However, depending on the circumstances,
whether because of the complexity of the closing process for a
particular security or because of a system or technology issue,
requiring a bright-line order acceptance time may not be appropriate.
    Moreover, the Exchange believes that adhering to such a bright-line
cut-off time could harm investors and the public. For example, in both
the BRK-A and WFT closes, if the Exchange had adhered to the 4:30 p.m.
cut-off time, the Exchange would not have been able to complete its
solicitation of offsetting

interest. Without such offsetting interest, the Exchange had two
alternatives, either close the stock at a price significantly
dislocated from the last sale price, or invoke an order imbalance halt
and not hold a closing transaction. The Exchange does not believe that
either alternative is in the best interest of investors or the public.
Rather, the Exchange believes that ensuring that the closing price is
not significantly dislocated from the last sale, even if that means a
delayed closing time, would benefit investors and the public.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \6\ of the
Securities Exchange Act of 1934 (the ``Act''), in general, and furthers
the objectives of Section 6(b)(5),\7\ in particular, in that it is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest, and it is not designed to
permit unfair discrimination among customers, brokers, or dealers.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the Exchange believes that providing the Exchange
with the authority to designate the order cut-off time as appropriately
tailored to the particular situation removes impediments to and
perfects the mechanism of a free and open market because it enables the
Exchange to complete the process to solicit interest to offset an
imbalance at the close that would otherwise result in a significant
price dislocation. Without the relief requested herein, the Exchange
may not be able to complete the process to solicit offsetting interest,
which would result in either the stock closing at a dislocated price,
or require the Exchange to invoke an order imbalance halt in the
security. The Exchange believes such solutions could harm investors and
the public because of either an unnecessarily dislocated closing price,
or in the case of an imbalance halt, orders intended for the closing
transaction would not be executed. The Exchange further believes that
the proposed rule change would protect investors and the public
interest because it would enable the Exchange to complete the process
to ensure that the closing price that may be closer to the last sale
price, rather than a closing price that is significantly dislocated
from the last sale price.

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

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

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2012-63 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-NYSE-2012-63. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such 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-NYSE-2012-63 and should be
submitted on or before December 19, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-28798 Filed 11-27-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 22, 2009 (Volume 74, Number 13)]
[Notices]
[Page 4029-4030]
[DOCID:fr22ja09-38]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL09-28-000]

City of Pasadena, CA; Notice of Filing

January 2, 2009.
    Take notice that on December 23, 2008, the City of Pasadena,
California filed its fourth annual revision to its Transmission Revenue
Balancing Account Adjustment, to become effective January 1, 2009.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the

Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on January 22, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-1126 Filed 1-21-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: December 21, 2007 (Volume 72, Number 245)]
[Notices]
[Page 72704-72706]
[DOCID:fr21de07-74]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2007-0670; FRL-8344-8]

Agency Information Collection Activities; Proposed Collection;
Comment Request; TSCA Section 8(a) Preliminary Assessment Information
Rule (PAIR); EPA ICR No. 0586.11, OMB Control No. 2070-0054

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44

U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR,
entitled: ``TSCA Section 8(a) Preliminary Assessment Information Rule
(PAIR)'' and identified by EPA ICR No. 0586.11 and OMB Control No.
2070-0054, is scheduled to expire on May 31, 2008. Before submitting
the ICR to OMB for review and approval, EPA is soliciting comments on
specific aspects of the proposed information collection.

DATES: Comments must be received on or before February 19, 2008.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2007-0670, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA
East, Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention:
Docket ID number EPA-HQ-OPPT-2007-0670. The DCO is open from 8 a.m. to
4 p.m., Monday through Friday, excluding legal holidays. The telephone
number for the DCO is<PHONE_NUMBER>. Such deliveries are only accepted
during the DCO's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2007-0670. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
at http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.

    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket

Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov web
site to view the docket index or access available documents. Although
listed in the index, some information is not publicly available, e.g.,
CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, will be publicly
available only in hard copy. Publicly available docket materials are
available electronically at http://www.regulations.gov, or, if only

available in hard copy, at the OPPT Docket. The OPPT Docket is located
in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301
Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room
hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding Federal holidays. The telephone number of the EPA/DC Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPPT
Docket is<PHONE_NUMBER>. Docket visitors are required to show
photographic identification, pass through a metal detector, and sign
the EPA visitor log. All visitor bags are processed through an X-ray
machine and subject to search. Visitors will be provided an EPA/DC
badge that must be visible at all times in the building and returned
upon departure.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
    For technical information contact: Gerry Brown, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What Information is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    1. Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to
be collected.
    4. Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

II. What Should I Consider when I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the collection activity.

    7. Make sure to submit your comments by the deadline identified
under DATES.
    8. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

III. What Information Collection Activity or ICR Does this Action Apply
to?

    Affected entities: Entities potentially affected by this action are
companies that manufacture or import chemical substances, mixtures, or
categories.
    Title: TSCA Section 8(a) Preliminary Assessment Information Rule
(PAIR).
    ICR numbers: EPA ICR No. 0586.11, OMB Control No. 2070-0054.
    ICR status: This ICR is currently scheduled to expire on May 31,
2008. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: Section 8(a) of the Toxic Substances Control Act (TSCA)
authorizes EPA to promulgate rules under which manufacturers,
importers, and processors of chemical substances and mixtures must
maintain records and submit reports to EPA. EPA has promulgated PAIR
under TSCA section 8(a). EPA uses PAIR to collect information to
identify, assess, and manage human health and environmental risks from
chemical substances, mixtures, and categories. PAIR requires chemical
manufacturers and importers to complete a standardized reporting form
to help evaluate the potential for adverse human health and
environmental effects caused by the manufacture or importation of
identified chemical substances, mixtures, or categories. Chemicals
identified by EPA or any other Federal Agency, for which a justifiable
information need for production, use, or exposure-related data can be
satisfied by the use of the PAIR are proper subjects for TSCA section
8(a) PAIR rulemaking. In most instances the information that EPA
receives from a PAIR report is sufficient to satisfy the information
need in question. This information collection addresses the reporting
and recordkeeping requirements associated with TSCA section 8(a).
    Responses to the collection of information are mandatory (see 40
CFR parts 712, 766, and 792). Respondents may claim all or part of a
document confidential. EPA will disclose information that is covered by
a claim of confidentiality only to the extent permitted by, and in
accordance with, the procedures in TSCA section 14 and 40 CFR part 2.
    Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 28.9
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal Agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of this estimate, which is
only briefly summarized here:
    Estimated total number of potential respondents: 26.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent:
2.1.
    Estimated total annual burden hours: 1,568 hours.
    Estimated total annual costs: $89,593. This includes an estimated
burden cost of $89,593 and an estimated cost of $0 for capital
investment or maintenance and operational costs.

IV. Are There Changes in the Estimates from the Last Approval?

    There is an increase of 988 hours in the total estimated respondent
burden compared with that identified in the ICR currently approved by
OMB. This increase reflects EPA's experience with the assumed number of
PAIR reports submitted annually, based on the past five fiscal years
(2003-2007) of PAIR reporting data. The change is an adjustment.

V. What is the Next Step in the Process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. EPA will issue another
Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce
the submission of the ICR to OMB and the opportunity to submit
additional comments to OMB. If you have any questions about this ICR or
the approval process, please contact the technical person listed under
FOR FURTHER INFORMATION CONTACT.

List of Subjects

    Environmental protection, Reporting and recordkeeping requirements.

    Dated: December 14, 2007.
James Jones,
Acting Assistant Administrator, Office of Prevention, Pesticides and
Toxic Substances.

[FR Doc. E7-24842 Filed 12-20-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 79, Number 83 (Wednesday, April 30, 2014)]
[Notices]
[Pages 24427-24428]
[FR Doc No: 2014-09668]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2013-0254; FRL-9909-68]

Amendment of a Pesticide Experimental Use Permit; Notice of
Receipt of Application; Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's receipt of an application from
Robert I. Rose, Ph.D., on behalf of James Mains, Ph.D., Mosquito Mate,
Inc., requesting to amend 89668-EUP-1 experimental use permit (EUP) to
allow the applicant to add release and monitoring sites in California
for Aedes albopictus male mosquitoes with Wolbachia pipientis ZAP
strain bacteria and to extend the permit for the currently approved
sites. The Agency has determined that the amendment request for the
permit may be of regional and national significance. Therefore, because
of the potential significance, and pursuant to the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice
of receipt and is seeking comments on this application.

DATES: Comments must be received on or before May 30, 2014.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the EUP File Symbol of interest as shown in the body of
this document, by one of the following methods:
     Federal eRulemaking Portal: http://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.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.

    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Robert McNally, Biopesticides and
Pollution Prevention Division (BPPD), (7511P), Office of Pesticide
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. Although this
action may be of particular interest to those persons who conduct or
sponsor research on pesticides, the Agency has not attempted to
describe all the specific entities that may be affected by this action.

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 submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.
    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
pesticide(s) discussed in this document, compared to the general
population.

II. What action is the Agency taking?

    Under section 5 of the Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA), 7 U.S.C. 136c, EPA can allow manufacturers to
field test pesticides under development. Manufacturers are required to
obtain an EUP before testing new pesticides or new uses of pesticides
if they conduct experimental field tests on 10 acres or more of land or
one acre or more of water. Following the review of the application and
any comments and data received in response to this solicitation, EPA
will decide whether to issue or deny the amended EUP request, and if
issued, the conditions under which it is to be conducted. Any issuance
of an amended EUP will be announced in the Federal Register.
    Therefore, pursuant to 40 CFR 172.11(a), the Agency has determined
that the following amended EUP

application may be of regional and national significance, and therefore
is seeking public comment on the following amended EUP application:
    89668-EUP-1. (Docket ID Number: EPA-HQ-OPP-2013-0254). On July 26,
2013, EPA approved an application for an experimental use permit (EUP),
89668-EUP-1. A notice of the issuance of the EUP was published in the
Federal Register on September 12, 2013 (78 FR 56227) (FRL-9397-7). This
EUP was approved for the weekly release at specified sites and times
for male Aedes albopictus mosquitoes with Wolbachia pipientis ZAP
strain bacteria between July 29, 2013, and July 29, 2016. Releases were
approved for certain areas of California, Florida, Kentucky, and New
York in accordance with the EUP. The released Aedes albopictus male
mosquitoes, infected with Wolbachia pipientis ZAP strain bacteria, are
expected to mate with their indigenous female counterparts, causing
conditional sterility, resulting in non-viable eggs. Thus, the mosquito
population is expected to be substantially reduced using this
technique. Adult and egg collection data from treated areas will be
compared to those in an untreated control site to examine for the
effect of the released product in the indigenous population.
    On November 5, 2013, the applicant requested an amendment to
Mosquito Mate, Inc., 1122 Oak Hill Dr., Lexington, KY 40505-3322,
application (89668-EUP-1), to add San Gabriel Valley Mosquito and
Vector Control District, West Covina, CA. The applicant is requesting
to add 5379 acres for monitoring, including the six--one acre
additional CA sites where the mosquitoes will be released, to the
existing EUP's monitoring areas of 2059 acres. If approved, the total
treatment and monitoring areas will be 7,438 acres.
    In addition, the applicant requested a time-extension for this EUP
on the currently approved sites in CA, FL, and KY until October 31,
2015; and in NY until September 30, 2016. The time-extensions are to
allow for a full-season of test-trials, so that control efficacy can be
determined for the full-season of expected mosquito occurrence.
Additional information on the experimental use permit is available in
the docket.

    Authority:  7 U.S.C. 136c.

List of Subjects

    Environmental protection, Experimental use permits.

    Dated: April 21, 2014.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2014-09668 Filed 4-29-14; 8:45 am]
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