[Federal Register: February 8, 2010 (Volume 75, Number 25)]
[Notices]
[Page 6200]
[DOCID:fr08fe10-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP10-46-000]

Equitrans, L.P.; Notice of Request Under Blanket Authorization

February 1, 2010.
    Take notice that on January 25, 2010, Equitrans, L.P. (Equitrans),
625 Liberty Avenue, Pittsburgh, Pennsylvania 15222, filed in Docket No.
CP10-46-000, a prior notice request pursuant to sections 157.205,
157.208 and 157.210 of the Commission's regulations under the Natural
Gas Act (NGA) for authority to modify and replace segments of its
mainline system at fifty-three locations in Greene County,
Pennsylvania; and Doddridge, Harrison, Lewis, Marion, Monongalia, and
Wetzel Counties, West Virginia and to make certain modifications to
compressor engines at its Pratt Compressor Station in Greene County,
all as more fully set forth in the application, which is on file with
the Commission and open to public inspection. The filing may also be
viewed on the Web at http://www.ferc.gov using the ``eLibrary'' link.
Enter the docket number excluding the last three digits in the docket
number field to access the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    Specifically, Equitrans proposes to modify and uprate its
compressor units at the Pratt Compressor Station and to upgrade and
increase the capacity of its upstream facilities that deliver into the
Pratt Compressor Station. Equitrans states that the central purpose of
this proposal is to meet market demand for an additional 92,000
dekatherms (Dth) per day of firm, off-system delivery capacity through
the Pratt Compressor Station into downstream, interstate transmission
systems operated by Texas Eastern Transmission LP (Texas Eastern),
Dominion Transmission, Inc. (DTI), and Columbia Gas Transmission
(Columbia). Equitrans asserts that the proposed upgrade and expansion
of the subject facilities will create an additional 77,300 Dth per day
of potential firm capacity. Additionally, Equitrans proposes to test,
replace and/or modify certain segments of its pipeline system to
increase the maximum allowable operating pressure (MAOP) of its Low
Pressure West System (LPW System) originating at the West Union Station
to 605 pounds per square inch gauge (psig) and the MAOP of the Low
Pressure East System (LPE System) originating at the Copley Station to
655 psig. Equitrans states that the modifications to the LPW System
will provide an additional 51,200 Dth per day of potential capacity and
the modifications to the LPE System will provide an additional 26,100
Dth per day of potential capacity. Equitrans states that the estimated
cost of the subject facilities is approximately $9,710,241.
    Any questions regarding the application should be directed to
Joseph M. Dawley, Counsel, Equitrans, L.P., 625 Liberty Avenue,
Pittsburgh, Pennsylvania 15222, at<PHONE_NUMBER> or<PHONE_NUMBER>
(facsimile).
    Any person may, within 60 days after the issuance of the instant
notice by the Commission, file pursuant to Rule 214 of the Commission's
Procedural Rules (18 CFR 385.214) a motion to intervene or notice of
intervention. Any person filing to intervene or the Commission's staff
may, pursuant to section 157.205 of the Commission's Regulations under
the NGA (18 CFR 157.205) file a protest to the request. If no protest
is filed within the time allowed therefore, the proposed activity shall
be deemed to be authorized effective the day after the time allowed for
protest. If a protest is filed and not withdrawn within 30 days after
the time allowed for filing a protest, the instant request shall be
treated as an application for authorization pursuant to section 7 of
the NGA.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the Internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov) under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-2628 Filed 2-5-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 211 (Thursday, October 31, 2019)]
[Notices]
[Pages 58398-58399]
[FR Doc No: 2019-23863]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3423-EM; Docket ID FEMA-2019-0001]

North Carolina; Emergency and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of an
emergency for the State of North Carolina (FEMA-3423-EM), dated
September 3, 2019, and related determinations.

DATES: The declaration was issued September 3, 2019.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated September 3, 2019, the President issued an emergency declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121-5207 (the Stafford Act), as
follows:

    I have determined that the emergency conditions in certain areas
of the State of North Carolina resulting from Hurricane

Dorian beginning on September 1, 2019, and continuing, are of
sufficient severity and magnitude to warrant an emergency
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (``the Stafford
Act''). Therefore, I declare that such an emergency exists in the
State of North Carolina.
    You are authorized to provide appropriate assistance for
required emergency measures, authorized under Title V of the
Stafford Act, to save lives and to protect property and public
health and safety, and to lessen or avert the threat of a
catastrophe in all North Carolina counties and to the Easter Band of
the Cherokee Indians. Specifically, you are authorized to provide
assistance for emergency protective measures (Category B), limited
to direct Federal assistance, under the Public Assistance program.
    Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs. In order to provide Federal assistance, you are
hereby authorized to allocate from funds available for these
purposes such amounts as you find necessary for Federal emergency
assistance and administrative expenses.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, Department
of Homeland Security, under Executive Order 12148, as amended,
Elizabeth Turner, of FEMA is appointed to act as the Federal
Coordinating Officer for this declared emergency.
    The following areas of the State of North Carolina have been
designated as adversely affected by this declared emergency:

    All 100 counties and the Eastern Band of the Cherokee Indians
for emergency protective measures (Category B), limited to direct
federal assistance, under the Public Assistance program.

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

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-23863 Filed 10-30-19; 8:45 am]
 BILLING CODE 9111-23-P


                  EPA Plan for the Federal Certification of
               Applicators of Restricted Use Pesticides within
                                Indian Country

                               November 19, 2013

                               Table of Contents

I. Executive Summary	3
II. Introduction	3
III. Background	3
IV. Definitions	5
V. Applicability of the EPA Plan	5
VI. Legal Authority	5
VII. Lead Agency	6
A. Funding and Personnel	6
B. Reporting	6
VIII. Applicator Requirements and Options for Classification and Certification	7
A. Private Applicators	7
B. Commercial Applicators	8
IX. Applicator Categories	9
X. Certification Procedures	10
XI. Enforcement of the Plan	11
A. Enforcement Authority	11
B. Pesticide Dealer Reporting Requirements	12
C. Inspections	12
D. Revocation, Suspension and Modification	13
E. Penalties	13
XII. Appendices	15

I. Executive Summary

Under the authority of Section 11(a)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and in accordance with the regulations found at Title 40 of the Code of Federal Regulations (CFR) Section 171.11, the United States Environmental Protection Agency (EPA) is implementing a federal pesticide applicator certification plan (EPA plan) for those areas of Indian country where no other EPA-approved or EPA-implemented plan applies. This EPA plan describes a program for the certification of applicators of restricted use pesticides (RUPs) in Indian country based on the certification requirements enumerated at 40 CFR Part 171.

EPA will administer routine maintenance activities associated with implementation of this plan, including application processing, database management and recordkeeping, and will conduct inspections and take enforcement actions as appropriate.

II. Introduction

Under FIFRA, pesticides (or the particular use or uses of a pesticide) that may generally cause, without additional regulatory restrictions, unreasonable adverse effects on the environment, including injury to the applicator, shall be classified for "restricted use." If the classification is made because of hazards to the applicator, the pesticide may only be applied by or under the direct supervision of a certified applicator. If the classification is made because of potential unreasonable adverse effects on the environment, the pesticide may only be applied by or under the direct supervision of a certified applicator or subject to such other restrictions as the EPA Administrator may provide by regulation. To be certified, an individual must be determined to be competent with respect to the use and handling of pesticides covered by the certification.

A person becomes a certified applicator through meeting the requirements of a certification plan approved by EPA and that is administered by a pertinent state, tribal, territorial or federal agency, or is implemented by EPA. This certification plan describes the process for becoming certified to use RUPs within areas of Indian country where no other EPA-approved or EPA-implemented certification plan applies, and how EPA will implement the plan.

III. Background

Among other things, EPA's regulations under 40 CFR Part 171 provide that:

      1) An Indian tribe may develop its own plan for certifying private and commercial applicators to use or supervise the use of RUPs, subject to the approval of EPA;

      2) If a tribe does not develop its own certification plan, the tribe may choose to utilize a state's certification program, with the concurrence of that state, subject to the approval of EPA; or

      3) EPA can implement a federal plan for the certification of applicators of RUPs where no other EPA-approved state or tribal applicator certification plan is in effect.

Four tribes currently have their own certification plans pursuant to 40 CFR § 171.10(a)(2)  -  the Three Affiliated Tribes of the Fort Berthold Indian Reservation, the Cheyenne River Sioux Tribe, the Rosebud Sioux Tribe, and the Shoshone-Bannock Tribes of the Fort Hall Reservation. There is also an EPA federal plan for the Navajo Nation. In addition, EPA is aware of two tribes, the Santee Sioux Tribe of Nebraska and the Prairie Band Potawatomi Nation, that have a Memorandum of Understanding with a state pursuant to 40 CFR § 171.10(a)(1). Federal employees with a valid certification issued under an EPA-approved federal agency certification plan may also legally apply RUPs in Indian country to the extent approved in that plan as necessary to carry out their agency's mission. EPA is therefore implementing this plan for the federal certification of applicators of RUPs in areas where there is no EPA-approved state or tribal applicator certification plan in effect.

Since certification plans may change or new plans may be implemented, applicators should determine which plan applies, and the certification requirements, for the area of Indian country where they intend to apply RUPs. This may involve contacting both the EPA Regional Office and the tribe. Additionally, federal, state and tribal governments may impose different requirements on the purchase and application of RUPs. Applicators are encouraged to research these particular requirements to determine how they may affect their ability to purchase and apply RUPs, and consider any restrictions or requirements as they decide if this EPA certification will serve their needs.

EPA consulted with tribes on November 29 and December 13, 2010 to ensure development of a federal certification plan that effectively meets their needs and those of RUP applicators in Indian country. In addition, Region 8 held three formal consultations with the tribes located in Region 8. During the consultations, several issues were discussed, such as the desire for notifying tribes prior to RUP use, the need to ensure the competency of private applicators, and the possibility of an opt-out provision in the EPA plan. EPA sought comment on these specific issues during the public comment period for the proposed plan.

Additional concerns raised during the consultation were that EPA respect tribal sovereignty, not require unfunded mandates, and provide adequate enforcement to ensure RUPs are used legally and safely. On April 20, 2011, EPA announced a comment period on a proposed EPA plan for Region 8 Indian country; the comment period closed on June 6, 2011. On May 18, 2011, EPA announced a comment period on the proposed EPA plan for other areas of Indian country; that comment period closed on July 5, 2011.

Because of the similarities with the two plans, and the similar timing for implementation, EPA decided to merge the two plans into one. EPA believes that the final EPA plan addresses all of the concerns raised during the consultations and public comment periods for both plans. EPA intends to continue consulting with tribes, as appropriate, whose Indian country is subject to this federal plan regarding the use of RUPs in their areas.

Therefore, in accordance with 40 CFR § 171.11, EPA will implement this plan for the federal certification of applicators of RUPs in Indian country where no other EPA-approved or EPA-implemented plan applies. Implementation of this EPA certification plan will 1) provide a mechanism by which individuals can become legally certified; 2) establish requirements that ensure and demonstrate competency in the proper use and application of RUPs in Indian country; and 3) ensure that an applicator adheres to certification requirements.

IV. Definitions

See Appendix A for relevant definitions.

V. Applicability of the EPA Plan

EPA will implement this plan within those areas of Indian country where no other EPA-approved or EPA-implemented plan applies.

Tribes may continue to pursue options available under 40 CFR § 171.10(a) for their areas of Indian country, including seeking EPA approval of tribal plans under 40 CFR § 171.10(a)(2) or the utilization of a state's certification program under 40 CFR § 171.10(a)(1). An option implemented under 40 CFR § 171.10(a), once approved by EPA, would replace this EPA plan for the relevant area of Indian country. Additionally, some tribes may choose to further restrict or prohibit the use of RUPs in their areas through the implementation of tribal codes, laws, regulations or other applicable requirements. This EPA plan does not supersede such tribal requirements. Applicators of RUPs in Indian country should take steps to determine if there are additional tribal requirements they must follow.

EPA is currently considering revising the federal applicator certification regulations. EPA will revisit this plan if/when the regulation revisions are finalized to modify this plan if necessary to comply with any new requirements.

VI. Legal Authority

EPA will implement this plan under FIFRA section 11(a)(1), as amended, and 40 CFR § 171.11.

The regulations at 40 CFR § 171.11(e) authorize EPA to issue certificates based upon the pesticide applicator first meeting the requirements for certification issued under any other federal or EPA-approved state or tribal certification plan.

Additional enforcement authorities are contained in Sections 8, 9, 13, 14, and 23 of FIFRA. Also see the FIFRA Enforcement Response Policy at http://www2.epa.gov/sites/production/files/documents/fifra-erp1209.pdf .

VII. Lead Agency

EPA will administer this EPA plan for RUP applicators in Indian country.

         o          EPA Regions will administer routine maintenance activities, including application processing, database management, recordkeeping and program oversight. The EPA Regions are also authorized to certify applicators consistent with this plan and conduct general outreach.

         o          EPA Regions will also conduct inspections as appropriate and take enforcement action under the FIFRA Enforcement Response Policy, as appropriate.

         o          EPA Office of General Counsel, Office of Enforcement and Compliance Assurance, and Office of Regional Counsel will provide legal assistance, as appropriate.

         o          EPA Office of Pesticide Programs will maintain an EPA website with a list of private and commercial applicators that have received a federal certification under this EPA plan, develop the annual report, and conduct general outreach.

A. Funding and Personnel

   EPA has adequate resources to implement the EPA plan in Indian country consistent with the requirements of FIFRA and the regulations in 40 CFR Part 171.

B. Reporting

   EPA will ensure that this plan is maintained and kept current in accordance with the requirements at 40 CFR Part 171. EPA will make the plan publicly available at EPA's Certification and Training database website: http://cpard.wsu.edu/ and at http://www2.epa.gov/pesticide-applicator-certification-indian-country. EPA will update the plan as necessary. EPA will submit annual certification accomplishment reporting by December 31[st] of each calendar year through EPA's Certification and Training database website: http://cpard.wsu.edu .

VIII. Applicator Requirements and Options for Classification and Certification

Under this EPA plan, EPA will implement a program for the certification of private and commercial applicators to apply RUPs in those areas of Indian country where no EPA-approved or EPA-implemented plan exists.

A. Private Applicators

   For individuals seeking certification as a private applicator under the EPA plan, EPA will exercise its authority contained in 40 CFR §§ 171.11(d) & (e) to issue certifications if the applicator either:

         (1) Submits documentation, such as a photocopy of the certificate, of certification as a private applicator authorized to apply federally designated RUPs through a federal plan or an EPA-approved state or tribal plan with a contiguous boundary to the relevant area of Indian country.  Under this option, EPA may issue federal certificates to persons who are certified as private applicators for the same category(ies), if applicable, listed in the underlying federal, tribal, or state certificate (except for sodium cyanide capsules and sodium fluoroacetate used in livestock protection collars categories; see part IX. Applicator Categories of this plan for more information on these categories).

            If state or tribal certification is generally not available to applicators intending to obtain federal certification, then the EPA Region may accept a state or tribal certification from another state or tribe that EPA determines has similar use conditions, patterns and pest pressures and has standards of competency that are sufficient to justify waiving further demonstration of competency.

            If the applicator intends to apply in multiple areas of Indian country that are not contiguous to the same state or tribe, the applicator will need to submit an underlying certificate for each state or tribe contiguous to the different areas of Indian country.

            Or

         (2) Submits documentation of completion of the on-line training course provided by EPA. While EPA developed the on-line training course, the Agency anticipated that the following interim training option would be needed:
            In the interim while EPA is developing the course, private applicators can pursue this option by submitting documentation of completion of coursework or training that covers the general standards of competency outlined in 40 CFR 171.5 and 40 CFR 171.6. These standards include practical knowledge of pest problems and pest control practices associated with agricultural operations; proper storage, use, handling and disposal of the pesticides and containers; related legal responsibility; and practical knowledge of Federal supervisory requirements, including labeling, regarding the application of restricted use pesticides by noncertified applicators. Courses that cover the material outlined in 40 CFR 171.4(b) are also appropriate because they overlap with the material described in 40 CFR 171.5 and 40 CFR 171.6. For those taking the state training in the interim, EPA expects that this training will take an applicator at least 8 to 16 hours to adequately attain the knowledge necessary to apply restricted use pesticides. All courses used for this certification must be state-approved from states that have Administrator-approved certification plans, or otherwise approved by the Administrator. Training must be completed within the two years prior to certification. A false statement in this certification, including regarding the completion of training, may be grounds for denial of certification and may be punishable by fine or imprisonment (U.S. Code, Title 18, Section 1001).

            However, EPA has developed the online training, and while it is available, will not be using the interim option described both in this plan and on the application form.

      Length of certification: A private applicator certificate issued under Section VIII(A)(1) of this plan expires at the expiration date of the underlying certificate, unless the certificate is suspended or revoked. A private applicator certificate issued under Section VIII(A)(2) of this plan is valid for four years.

      Renewal/recertification: Applicators may apply to be recertified through the options listed in Section VIII (A) (1) and (2) of this plan during the 12 months preceding the expiration of their current certificate.

B. Commercial Applicators

   For individuals seeking certification as a commercial applicator under the EPA plan, EPA will utilize authority contained in 40 CFR § 171.11(e) to issue certification as described below if the applicator:

            Submits documentation, such as a photocopy of the certificate, of certification as a commercial applicator authorized to apply federally designated RUPs under any other EPA-approved federal agency plan, or EPA-approved state or tribal plan with a contiguous boundary to the relevant area of Indian country. Under this option, EPA may issue federal commercial certificates to persons who are certified as commercial applicators for the same category(ies) listed in their underlying certificate (except for sodium cyanide capsules and sodium fluoroacetate used in livestock protection collars categories; see part IX. Applicator Categories of this plan for more information on these categories).

            If state or tribal certification is generally not available to applicators intending to obtain federal certification, then the Region may accept a state or tribal certification from another state or tribe that EPA determines has similar use conditions, patterns, and pest pressures and has standards of competency that are sufficient to justify waiving further demonstration of competency.

            If the applicator intends to apply in multiple areas of Indian country that are not contiguous to the same state or tribe, the applicator will need to submit an underlying certificate for each state or tribe contiguous to the different areas of Indian country.

      Length of certification: Under 40 CFR § 171.11(e), a commercial applicator certificate expires at the expiration date of the underlying certificate, unless the certificate is suspended or revoked.

      Renewal/recertification: Applicators may apply to be recertified through the options listed in Section VIII (B) of this plan during the 12 months preceding the expiration of their current certificate.

IX. Applicator Categories

EPA will recognize the applicator categories authorized in the underlying state, tribal, or other certificate. Underlying certificates from different states, tribes or federal agencies may have different applicator categories and will be reflected in the certificate issued under the EPA plan. Applicators will be authorized to apply RUPs in Indian country under those categories, except for the following:

For sodium cyanide capsules used with ejector devices for livestock predator control, a use restriction requires that supervisors of applicators monitor the applicators of those products. As stated on the labels, the supervisors are the registrants, which may be federal agencies, state agencies or Indian tribes. No Indian tribe currently has a registration for sodium cyanide capsules used with ejector devices.

Registrations for sodium fluoroacetate used in livestock protection collars are currently limited to one federal agency; to state agencies in Montana, New Mexico, South Dakota and Wyoming; and to a private entity whose registered product may only be used in Texas. No Indian tribe currently has a registration for sodium fluoroacetate used in livestock protection collars.

Under this EPA plan, a federal certificate will only include a sodium cyanide capsule category or sodium fluoroacetate livestock protection collar category under two scenarios. First, if the relevant Indian tribe for the area of Indian country at issue has obtained its own registration for the product and conducts its own monitoring and supervision, applicators with a valid underlying certificate for the category may apply to receive the category for the area of Indian country at issue. Second, EPA may issue federal certifications for one or both of these products to federal employees whose agencies are a registrant for sodium cyanide capsules used with ejector devices or sodium fluoroacetate used in livestock protection collars if those employees have a valid underlying certificate for these categories. The U.S Department of Agriculture's Animal and Plant Health Inspection Service is currently the only federal agency that is a registrant. EPA expects that APHIS, or another federal agency, will have an agreement with the tribe to apply these pesticides prior to any applications of these pesticides in a particular area of Indian country.

X. Certification Procedures

Persons seeking certification as a commercial applicator to apply RUPs in Indian country must submit to EPA, at one of the addresses noted below, a completed "Pesticide Applicator Certification Form," EPA Form 7100-01 (Appendix B), along with proof (copy of certificate, credential, license or other documentation) of a valid federal, state, or tribal certification that authorizes the use of RUPs. Individuals seeking to be certified as private applicators must submit a completed "Pesticide Applicator Certification Form," EPA Form 7100-01 (Appendix B), with either (1) proof (copy of certificate, credential, license or other documentation) of a valid federal, state, or tribal certification authorizing the use of RUPs; or (2) documentation showing they have completed the required training as described in Section VIII.A.2. A false statement in this certification, including regarding the completion of training, may be grounds for denial of certification and may be punishable by fine or imprisonment (U.S. Code, Title 18, Section 1001).

The Pesticide Applicator Certification Form can be downloaded from http://www2.epa.gov/pesticide-applicator-certification-indian-country or may be obtained by contacting the pesticide program in the appropriate EPA Regional office directly.

                                    Region
                                    Address
                                       1
Federal Plan Coordinator
Toxics and Pesticide Unit
Pesticides Program (OES05-4)
U.S. EPA - New England, Region 1
5 Post Office Sq, Suite 100
Boston, MA 02109-3912
                                       2
U.S. Environmental Protection Agency, Region 2
Pesticides Team
Attn: Pesticide Certification Training Coordinator
2890 Woodbridge Avenue
MS-500
Edison, New Jersey 08837
                                       3
No Federally Recognized Tribes
                                       4
Federal Tribal Plan Coordinator
USEPA Region 4 - Pesticides Section
61 Forsyth Street SW
SNAFC - 12th Floor
Atlanta, GA 30303
                                       5
Federal Pesticide Applicator Certification Program
U.S. EPA
Land and Chemicals Division, CMB
77 W. Jackson Blvd. LC-8J
Chicago, IL 60604
                                       6
Federal Pesticide Applicator Certification Program
U.S. Environmental Protection Agency
1445 Ross Avenue, Suite 1200
Pesticides Section (6PD-P)
Dallas, Texas 75202-2722
                                       7
Pesticide Applicator Certification Coordinator
U.S. Environmental Protection Agency - Region 7
WWPD/TOPE/PEST
901 N. 5th St
Kansas City, KS 66101
                                       8
US EPA, Region 8
Attn: Region 8 Certification
1595 Wynkoop St, 8P-P3T
Denver, CO 80202
                                       9
Federal Plan Coordinator
Pesticides Office (CED-5)
U.S. EPA Region IX
75 Hawthorne St.
San Francisco, CA 94105-3901
                                      10
Federal Pesticide Applicator Certification Program
Pesticides & Toxics Unit
US EPA, Region 10
1200 Sixth Ave, Ste. 900, OCE-084
Seattle, WA 98101

XI. Enforcement of the Plan

A. Enforcement Authority

   EPA will, as appropriate, enforce this plan. States, tribes and other federal agencies that issued a certification upon which the federal certification described herein is based are not approved or authorized by EPA to assure compliance in Indian country with the federal certification provided by this plan.

   EPA has the authority to take action, as appropriate, to ensure that RUPs are used in Indian country in accordance with their EPA-registered labeling and to ensure RUPs are only used by applicators certified under this EPA plan in areas where it applies. EPA will also ensure that pesticide applicators and dealers comply with the requirements of FIFRA and the implementing regulations, including provisions of this EPA plan specified in 40 CFR § 171.11, in Indian country. For example, 40 CFR § 171.11(c)(7) requires that commercial applicators maintain records.

   During the six-month period after publication of this final plan, EPA will allow applicators to apply RUPs under the plan in Indian country only for the categories for which they already have a valid state, tribal or federal certificate if they submit a complete application to the relevant EPA Region showing proof of a valid state, tribal or federal certification.

   Beginning six months after publication of the final plan, applicators who are covered under this plan and have not received a written federal certification from the relevant EPA Region are prohibited from applying RUPs in Indian country located in that Region.

B. Pesticide Dealer Reporting Requirements

   Each RUP dealer in Indian country where this EPA plan applies must keep records and submit reports to EPA as set forth in 40 CFR § 171.11(g). Under 40 CFR § 171.11(g)(1), the dealer must report the business name by which the RUP retail dealer operates, and the name and business address of each dealership. To comply with these reporting requirements, all pesticide dealers and pesticide dealerships located within Indian country covered by this plan must send such reports to the appropriate EPA Regional office. See Section X for the addresses. The reports must be submitted within 60 days of the effective date of this plan or within 60 days after the person first becomes an RUP retail dealer.

   As described in 40 CFR § 171.11(g)(2), the dealer must maintain records of RUP transactions.

C. Inspections

   EPA will enforce this EPA plan by conducting inspections, as appropriate, of RUP dealers and certified applicators in Indian country to ensure that RUP dealers are maintaining the required records, are making RUPs available for use in accordance with 40 CFR §171.11(g), and that applicators are certified in accordance with this plan. When a tribal inspector conducts an inspection under federal credentials under a cooperative agreement with EPA, violations are referred to EPA for enforcement action, as appropriate.

   EPA has the authority to review RUP dealer records and certified applicator records pursuant to Section 8 of FIFRA, 7 U.S.C. § 136f and Section 11 of FIFRA, 7 U.S.C. § 136i-1(b), and 40 CFR §§ 171.11(g)(3) and (c)(7). Federally credentialed EPA or tribal inspectors will investigate incidents, accidents and complaints related to pesticide use in Indian country and report to EPA for appropriate enforcement response as set forth by the FIFRA Enforcement Response Policy (http://www2.epa.gov/sites/production/files/documents/fifra-erp1209.pdf) and as consistent with other EPA policies.

D. Revocation, Suspension and Modification

   EPA may, if appropriate, deny, modify, suspend or revoke a certificate, or take an enforcement action under FIFRA if the applicant or certificate holder has been convicted under section 14(b) of FIFRA or been subject to a final order imposing a civil penalty under section 14(a) of FIFRA, or where any of the following acts listed in 40 CFR § 171.11(f) occur:

                 o          use of any registered pesticide in a manner inconsistent with its labeling;
                 o          making available for use, or use of, any registered pesticide classified for restricted use other than in accordance with section 3(d) of the amended FIFRA and any regulations promulgated thereunder;
                 o          refusal to keep and maintain any records required pursuant to this section;
                 o          making of false or fraudulent records, invoices or reports;
                 o          failure to comply with any limitations or restrictions on or in a duly issued certificate; or
                 o          violation of any provision of the amended FIFRA and the regulations promulgated thereunder.

   Pursuant to 40 CFR § 171.11(e), EPA will also begin procedures to revoke, suspend or modify a certificate if the federal, state or tribal certificate upon which it is based is revoked, suspended or modified.

   If EPA decides to deny, revoke, suspend or modify a certificate, EPA will notify (1) the applicant or certificate holder pursuant to the FIFRA Enforcement Response Policy and 40 CFR § 171.11(f)(2)(i), and (2) the agency that issued the underlying certificate upon which the federal certificate was based, if necessary. If the applicant or certificate holder requests a hearing pursuant to 40 CFR § 171.11(f)(2)(ii), EPA will follow the hearing process contained in 40 CFR § 171.11(f)(3) & (4).

E. Penalties

   Under Section 14 of FIFRA, 7 U.S.C. § 136l, as amended by the Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. § 2461 and the Debt Collection Improvement Act of 1996, 31 U.S.C. § 3701, EPA has the authority to assess both civil and criminal penalties for violations of FIFRA. Commercial applicators, wholesalers, dealers, retailers or other distributors can be assessed a fine of up to a $7,500 for each offense as civil penalties and up to $25,000 or imprisonment, for not more than one year, or both, for each offense as criminal penalties. Private applicators, subsequent to receiving a written warning, can be assessed a civil penalty up to $1,100, or a criminal penalty of not more than a $1,000 fine and/or imprisonment, for not more than thirty (30) days, for each offense. EPA's enforcement actions are conducted consistent with applicable EPA enforcement and tribal policies and guidance.

XII. Appendices

Appendix A. Definitions

   Certification:
   The term certification means the recognition by a certifying agency that a person is competent and thus authorized to use, or supervise the use of, RUPs. 40 CFR 171.2(a)(7)

   Commercial applicator:
   The term ``commercial applicator'' means an applicator (whether or not the applicator is a private applicator with respect to some uses) who uses, or supervises the use of, any pesticide which is classified for restricted use for any purpose or on any property other than as provided by paragraph (2) [private applicator definition]. FIFRA 2(e)(3)

   Indian country:
   As defined at 18 U.S.C. § 1151: (a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation; (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state; and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same. Consistent with the statutory definition of Indian country, as well as federal case law interpreting this statutory language, EPA treats lands held by the federal government in trust for Indian tribes that exist outside of formal reservations as informal reservations, and thus as Indian country.

   Pesticide:
   The term ``pesticide'' means (1) any substance or mixture of substances intended for preventing, destroying, repel-ling, or mitigating any pest, (2) any substance or mixture of sub-stances intended for use as a plant regulator, defoliant, or desiccant, and (3) any nitrogen stabilizer, except that the term ``pesticide'' shall not include any article that is a ``new animal drug'' within the meaning of section 201(w) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(w)), that has been determined by the Secretary of Health and Human Services not to be a new animal drug by a regulation establishing conditions of use for the article, or that is an animal feed within the meaning of section 201(x) of such Act (21 U.S.C. 321(x)) bearing or containing a new animal drug. The term ``pesticide'' does not include liquid chemical sterilant products (including any sterilant or subordinate disinfectant claims on such products) for use on a critical or semi-critical device, as de-fined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). For purposes of the preceding sentence, the term ``critical device'' includes any device which is introduced directly into the human body, either into or in contact with the bloodstream or normally sterile areas of the body and the term ``semi-critical de-vice'' includes any device which contacts intact mucous membranes but which does not ordinarily penetrate the blood barrier or other-wise enter normally sterile areas of the body. FIFRA 2(u)

Private applicator:
   The term ``private applicator'' means a certified applicator who uses, or supervises the use of, any pesticide which is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by the applicator or the applicator's employer or (if applied without compensation other than trading of personal services between producers of agricultural commodities) on the property of another person. FIFRA 2(e)(2)

  Restricted use pesticide (RUP):
  A pesticide that is classified for restricted use under the provisions of section 3(d)(1)(C) of FIFRA.

                        Appendix B
                   Pesticide Applicator Certification Form

                 INSTRUCTIONS FOR COMPLETING EPA FORM 7100-01
                        PAPERWORK REDUCTION ACT NOTICE

This form is to be used to request certification to purchase and apply Restricted Use Pesticides in Indian Country from the U.S. Environmental Protection Agency.

1. Fill out all of the information. An email address is requested but is not required. Phone number listed should be one at which you can be reached during business hours. The address should be your business address, if applicable, for commercial applicators since this information will be posted to EPA's website.

2. Enter your birth date using the numerical month-month-date-date-year-year format.

3. Enter your EPA Federal Applicator Identification number if this is a renewal or request for a replacement card.

4. Certificate Type: Check appropriate box. If this is your first application for a pesticide applicator certification in Indian Country, check "Initial Certificate". If contact information submitted on a previous form is erroneous or outdated, please use the "Replacement (Lost Card)" option.

5. Applicator Type: Check "Private Applicator" ONLY if you will be or are applying pesticides for production of an agricultural commodity on property owned or rented by you or your employer. All other applicators check "Commercial Applicator". There is no "noncommercial" or "public" federal applicator type.

6. Certification Method: In most cases you will check "Requesting federal certificate based on valid federal, state or tribal certificate or license".

6a. Enter the two character state for which you hold a valid certificate/license, if applicable, the applicator number for your existing certificate, and expiration date. Enter the code for the category or categories for which you are currently certified/licensed. Attach a photocopy of both sides of your current and valid federal, state or tribal certification or license. The underlying certificate needs to come from a state or tribe that shares a contiguous boundary with the area of Indian country in which you intend to apply RUPs.

6b. If you do not hold a valid federal, state or tribal applicator certificate and you are applying to be a private applicator, you may be certified after submitting documentation of completion of the on-line training course provided by EPA. However, in the interim while EPA is developing the course, private applicators can pursue this option by submitting documentation of completion of coursework or training that covers the general standards of competency outlined in 40 CFR 171.5 and 40 CFR 171.6. These standards include practical knowledge of pest problems and pest control practices associated with agricultural operations; proper storage, use, handling and disposal of the pesticides and containers; related legal responsibility; and practical knowledge of Federal supervisory requirements, including labeling, regarding the application of restricted use pesticides by noncertified applicators. Courses that cover the material outlined in 40 CFR 171.4(b) are also appropriate because they overlap with the material described in 40 CFR 171.5 and 40 CFR 171.6. For those taking the state training in the interim, EPA expects that this training will take an applicator at least 8 to 16 hours to adequately attain the knowledge necessary to apply restricted use pesticides. All courses used for this certification must be state-approved from states that have Administrator-approved certification plans, or otherwise approved by the Administrator. Training must be completed within the two years prior to certification. A false statement in this certification, including regarding the completion of training, may be grounds for denial of certification and may be punishable by fine or imprisonment (U.S. Code, Title 18, Section 1001).

If you have questions about what courses are applicable, please contact the appropriate Regional office (see addresses on page 3). To determine the appropriate Regional office, see http://www.epa.gov/epahome/whereyoulive.htm . Include documentation of completion of the required training course(s).

To apply for recertification, complete one of the options described above during the 12 months preceding the expiration of your current certificate.

7. Sign and date the application and mail the application with a photocopy of both sides of your existing federal, state, or tribal pesticide applicator certificate/license (if you are requesting certification based on a federal, state, or tribal certification) to the appropriate Regional office (see addresses on pages 2 and 3). To determine the appropriate Regional office, see http://www.epa.gov/epahome/whereyoulive.htm

Paperwork Reduction Act Notice: The public reporting burden for respondents completing this form is estimated to average about 10 minutes per response. Send comments (referencing OMB Control Number 2070-0029 and EPA Form 7100-01) about the burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden to: Director, Collection Strategies Division (2822T), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., N.W., Washington, D.C. 20460. Do not send your completed application form to this address.

Privacy Act Statement: Title 7 United States Code, section 136i(a)(1) authorizes the collection of this information. The primary use of this information is to identify persons certified by EPA under the Agency's federal certification plan which administers and oversees certification of applicators of restricted use pesticides. Disclosures of this information may be made pursuant to published routine uses, including to appropriate agencies for law enforcement purposes and to an EPA website for information purposes. Providing the requested information is voluntary, but failing to do so may result in EPA's inability to approve your request to become, or maintain your status as, a certified applicator of restricted use pesticides. For a full description of this system notice, including routine uses, see EPA-59 [77 FR 2060; January 12, 2012].

Addresses for Submitting Form
                                    Region
                                    Address
                                       1
Federal Plan Coordinator
Toxics and Pesticide Unit
Pesticides Program (OES05-4)
U.S. EPA - New England, Region 1
5 Post Office Sq, Suite 100
Boston, MA 02109-3912
                                       2
U.S. Environmental Protection Agency, Region 2
Pesticides Team
Attn: Pesticide Certification Training Coordinator
2890 Woodbridge Avenue
MS-500
Edison, New Jersey 08837
                                       3
No Federally Recognized Tribes
                                       4
Federal Tribal Plan Coordinator
USEPA Region 4 - Pesticides Section
61 Forsyth Street SW
SNAFC - 12th Floor
Atlanta, GA 30303
                                       5
U.S. EPA
Land and Chemicals Division, CMB
77 W. Jackson Blvd. LC-8J
Chicago, IL 60604
                                       6
U.S. Environmental Protection Agency
1445 Ross Avenue, Suite 1200
Pesticides Section (6PD-P)
Dallas, Texas 75202-2722
                                       7
Pesticide Applicator Certification Coordinator
U.S. Environmental Protection Agency - Region 7
WWPD/TOPE/PEST
901 N. 5th St
Kansas City, KS 66101
                                       8
US EPA, Region 8
Attn: Region 8 Certification
1595 Wynkoop St, 8P-P3T
Denver, CO 80202
                                       9
Federal Plan Coordinator
Pesticides Office (CED-5)
U.S. EPA Region IX
75 Hawthorne St.
San Francisco, CA 94105-3901
                                      10
Federal Pesticide Applicator Certification Program
Pesticides & Toxics Unit
US EPA, Region 10
1200 Sixth Ave, Ste. 900, OCE-084
Seattle, WA 98101


[Federal Register Volume 78, Number 12 (Thursday, January 17, 2013)]
[Notices]
[Page 3892]
[FR Doc No: 2013-00903]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14451-000]

Archon Energy 1, Inc.; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

    On August 30, 2012, Archon Energy 1, Inc., filed an application for
a preliminary permit, pursuant to section 4(f) of the Federal Power Act
(FPA), proposing to study the feasibility of the Crocker-Huffman
Diversion Dam Hydroelectric Project (Crocker-Huffman Project or
project) to be located on the Merced River, near the town of Merced, in
Merced County, California. The sole purpose of a preliminary permit, if
issued, is to grant the permit holder priority to file a license
application during the permit term. A preliminary permit does not
authorize the permit holder to perform any land-disturbing activities
or otherwise enter upon lands or waters owned by others without the
owners' express permission.
    The proposed project would be located at the existing Crocker-
Huffman diversion dam and would consist of the following: (1) A 70-
foot-long, 55-foot-wide, and 35-foot-high, turbine structure containing
a powerhouse with 5 screw turbine generating units; (2) a gated water
intake canal, located upstream of the dam; and (3) a 75-foot-wide and
150-foot-long concrete diversion trough structure. The estimated annual
generation of the Crocker-Huffman Project would be 10 gigawatt-hours.
    Applicant Contact: Mr. Paul Grist, President, Archon Energy 1,
Inc., 101 E. Kennedy Blvd. Suite 2800, Tampa, FL 33602; phone: (415)
377-2460.
    FERC Contact: Matt Buhyoff; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14451) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: January 11, 2013.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2013-00903 Filed 1-16-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: June 28, 2010 (Volume 75, Number 123)]
[Notices]
[Page 36737-36739]
[DOCID:fr28jn10-135]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62356; File No. SR-NYSE-2010-44]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Amending Rule 1000 Regarding Order Size Eligible for Automatic
Execution

June 22, 2010.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on June 17, 2010, New York Stock Exchange LLC (``NYSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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 Exchange Rule 1000 regarding order
size eligible for automatic execution. The text of the proposed rule
change is available at the Exchange, the Commission's Public Reference
Room, the Commission's Web site at http://www.sec.gov, and http://
www.nyse.com.

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 1000 to state that the order
size eligible for automatic execution is 1,000,000 shares and to
provide that upon advance notice to market participants, the Exchange
may increase the order size eligible for automatic executions up to
5,000,000 shares on a security-by-security basis. In addition, the
Exchange proposes to raise the maximum order size accepted by Exchange
systems to 25,000,000 shares.
Background
    Currently, the maximum order size eligible for automatic execution
is 1,000,000 shares. This limit is reflected in Exchange rule filings
that have been approved by the Commission, but it is not specifically
stated in Rule 1000. In 2006, as part of the approval of the NYSE
Hybrid Model, the Exchange amended Rule 1000 to provide for a phased-in
increase of order size eligibility for automatic execution to a maximum
size of 3,000,000, but noted that the then-current order size
eligibility for automatic execution was 1,000,000 shares.\4\ The
Exchange determined not to raise the 1,000,000 share maximum in order
to avoid any possible issues resulting from routing orders in excess of
1,000,000 shares to another market as other markets also do not offer
automatic execution in greater size than 1,000,000 shares.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 54820 (November 26
[sic], 2006), 71 FR 70824 (December 6, 2006) (SR-NYSE-2006-65).
---------------------------------------------------------------------------

    In 2008, the Exchange implemented on a pilot basis its New Model
structure.\5\ Among other things, the Exchange's New Model filing
included amendments to Rule 1000 to provide for a phased-in increase of
order size eligibility for automatic execution from 3,000,000 shares to
a maximum of 6,500,000 shares. At that time, the Exchange intended to
raise the maximum order size accepted by Exchange systems to 6,500,000
shares. While the rule text states that the order size eligibility is
3,000,000 shares, the New Model filing indicates that the maximum order
size eligible for automatic execution is 1,000,000 shares and states
that the purpose of the amendment to Rule 1000 was to provide for a new
potential maximum order ``size eligibility'' of 6,500,000 shares.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 58845 (October 24,
2008), 73 FR 64379 (October 29, 2008) (SR-NYSE-2008-46); See also
Securities Exchange Act Release Nos. 60756 (October 1, 2009), 74 FR
51628 (October 7, 2009) (SR-NYSE-2009-100) (extending the operation
of the New Model Pilot until the earlier of Securities and Exchange
Commission approval to make such pilot permanent or November 30,
2009); 61031 (November 19, 2009), 74 FR 62368 (November 27, 2009)
(SR-NYSE-2009-113) (extending Pilot to March 30, 2010); and 61724
(March 17, 2010), 75 FR 14221 (May [sic] 24, 2010) (SR-NYSE-2010-25)
(extending the operation of the NMM Pilot until the earlier of
Securities and Exchange Commission approval to make such pilot
permanent or September 30, 2010).
---------------------------------------------------------------------------

Proposed Amendment to NYSE Rule 1000
    The Exchange proposes three amendments to Rule 1000. First, the
Exchange proposes to amend Rule 1000 to state specifically that orders
up to 1,000,000 shares are eligible for automatic execution. Second,
the Exchange proposes that upon at least 24 hours advance notice to
market participants, the execution size of automatic executions may be
increased up to 5,000,000 shares on a security-by-security basis.
Determination of such securities will be based on factors including the
basis of average daily volume and price over a calendar quarter. A list
of such securities will be posted on the Exchange Web site. Third, the
Exchange proposes to amend Rule 1000 to state that Exchange systems
shall accept a maximum order size of 25,000,000 shares.
    The Exchange notes that parallel changes are proposed to be made to
the rules of the NYSE Amex LLC.\6\
---------------------------------------------------------------------------

    \6\ See SR-NYSEAmex-2010-54.
---------------------------------------------------------------------------

2. Statutory Basis
    The basis under the Securities Exchange Act of 1934 (the ``Act'')
\7\ for this proposed rule change is the requirement under section
6(b)(5) \8\ that an exchange have rules that are designed to promote
just and equitable principles of trade, 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.
The Exchange believes that the proposed rule change accomplishes these
goals by providing transparency regarding the order size eligible for
automatic execution, while providing for a mechanism to increase that
execution size on a security-by-security basis.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78a.
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    Because the proposed rule change: (i) Does not significantly affect
the protection of investors or the public interest; (ii) does not
impose any significant burden on competition; and (iii) does not become
operative for 30 days after the date of the filing, 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 \9\ and
Rule 19b-4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). Pursuant to Rule 19b-4(f)(6)(iii)
under the Act, the Exchange is required to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.

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

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \11\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \12\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has requested that the Commission waive the 30-day operative delay.
---------------------------------------------------------------------------

    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiver of the operative delay is
consistent with the protection of investors and the public interest.
The proposed rule change clarifies the maximum order size accepted by
the Exchange's systems and the maximum order size eligible for
automatic execution. The proposed rule change also specifies that any
increases in the order size eligible for automatic execution will
require advance notice to Exchange members. In addition, the Exchange
represented that a list of such securities will be posted on its Web
site. For these reasons, the Commission believes that the proposed rule
change is consistent with the protection of investors and the public
interest, and designates the proposed rule change to be operative upon
filing with the Commission.\13\
---------------------------------------------------------------------------

    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-NYSE-2010-44 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 No. SR-NYSE-2010-44. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission,\14\ 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 such filing also will be
available for inspection and copying at the principal office of NYSE.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File No. SR-NYSE-2010-44 and
should be submitted on or before July 19, 2010.
---------------------------------------------------------------------------

    \14\ The text of the proposed rule change is available on the
Commission's Web site at http://www.sec.gov.
    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-15594 Filed 6-25-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Notices]
[Page 46029]
[FR Doc No: 2019-18887]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4420-DR; Docket ID FEMA-2019-0001]

Nebraska; Amendment No. 10 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Nebraska (FEMA-4420-DR), dated March 21, 2019, and
related determinations.

DATES: This amendment was issued August 13, 2019.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Nebraska is hereby amended to include the following
area among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of March 21, 2019.

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

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-18887 Filed 8-30-19; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 86, Number 93 (Monday, May 17, 2021)]
[Notices]
[Pages 26745-26748]
[FR Doc No: 2021-10277]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91834; File No. SR-ICC-2021-006]

Self-Regulatory Organizations; ICE Clear Credit LLC; Order
Approving Proposed Rule Change Relating to the ICC Clearing Rules and
ICC Exercise Procedures

May 11, 2021.

I. Introduction

    On March 25, 2021, ICE Clear Credit LLC (``ICC'') filed with the
Securities and Exchange Commission, pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the ``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to revise the ICC Clearing Rules
(the ``Rules'') and the ICC Exercise Procedures (``Exercise
Procedures'') in connection with the clearing of credit default index
Swaptions (``Index Swaptions'').\3\ The proposed rule change was
published for comment in the Federal Register on April 7, 2021.\4\ The
Commission did not receive comments regarding the proposed rule change.
For the reasons discussed below, the Commission is approving the
proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Capitalized terms used but not defined herein have the
meanings specified in the Rules.
    \4\ Self-Regulatory Organizations; ICE Clear Credit LLC; Notice
of Proposed Rule Change Relating to the ICC Clearing Rules and ICC
Exercise Procedures, Exchange Act Release No. 91450 (April 1, 2021),
86 FR 18087 (April 7, 2021) (``Notice'').
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II. Description of the Proposed Rule Change

    ICC proposes revising its Rules and Exercise Procedures related to
the clearing of Index Swaptions.\5\ In the case of Index Swaptions
cleared by ICC, the underlying index credit default swap is limited to
certain CDX and iTraxx index credit default swaps that are accepted for
clearing by ICC and which would be automatically cleared by ICC upon
exercise of the Index Swaption. ICC proposes minor revisions to support
the clearing of Index Swaptions, including updates related to iTraxx
Index Swaptions, an enhancement to the exercise and assignment process,
and other clarifications.
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    \5\ The description of the proposed rule change is excerpted
from the Notice.
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A. Rule Amendments

    The proposed amendments consist of minor revisions to Rule 26R-319,
which addresses procedures for settlement of an exercised Index
Swaption.

Additional settlements may be required under Rule 26R-319(b) if one or
more Credit Events has occurred with respect to the underlying index at
or prior to the expiration date of the Index Swaption. Regarding the
determination of Index Swaption settlement amounts, Rule 26R-319(b)(ii)
currently contemplates the inclusion of an additional accrual-related
component (``Additional Accrual''). However, ICC Circular 2020/070
describes how ICC determines settlement amounts for cleared Index
Swaptions and states that, in light of industry discussions, the
Additional Accrual for such transactions will be zero. Amended Rule
26R-319(b)(ii) would omit the description of the Additional Accrual,
which would be zero for settlement of Index Swaptions. The circular and
presentation on the determination of Index Swaption settlement amounts
would remain on ICC's website.
    Regarding iTraxx Index Swaptions, ICC proposes to amend Rule 26R-
319(c), which applies in the case of a relevant M(M)R Restructuring
Credit Event, which is when the restructuring of debt constitutes a
credit event that triggers a CDS contract. Minor streamlining revisions
to the exercise process rules include the proposed omission of
paragraph (i) related to the delivery of MP Notices by Swaption Buyer
and Swaption Sellers. Further, ICC does not propose any changes to
paragraph (ii), which details how an Underlying New Trade comes into
effect. An Underlying New Trade remains defined in Rule 26R-102 as a
new single name CDS trade that would arise upon exercise of an Index
Swaption where a relevant Restructuring Credit Event, if applicable,
has occurred with respect to a reference entity in the relevant index.
ICC also proposes to amend paragraph (iii) and remove paragraph (iv)
which currently discuss the treatment of the Underlying New Trade in
respect of the Event Determination Date. Instead, amended paragraph
(iii) would discuss the treatment of the Underlying New Trade depending
on whether the expiration date occurred prior to, or on or following,
the commencement of the Credit Event Notice Triggering Period (as
defined in the Restructuring Procedures). If the expiration date occurs
prior to commencement of the period, the Underlying New Trade will be
subject to the provisions of the CDS Restructuring Rules in Subchapter
26E (and may become a Triggered Restructuring CDS Transaction
thereunder). If the Expiration Date occurs on or following commencement
of such period, neither party will be permitted to deliver an MP
Notice, the Underlying New Trade cannot become a Triggered
Restructuring CDS Transaction and no Event Determination Date or
settlement will occur.

B. Exercise Procedures

    The Exercise Procedures supplement the provisions of Subchapter 26R
of the Rules with respect to Index Swaptions and provide further detail
as to the manner in which Index Swaptions may be exercised by Swaption
Buyers, the manner in which ICC will assign such exercises to Swaption
Sellers, and certain actions that ICC may take in the event of
technical issues.
    The proposal would enhance the exercise and assignment process in
the Exercise Procedures. Specifically, the proposal would revise the
definition of Pre-Exercise Notification Period in Paragraph 1 to
reference Paragraph 2.2(e) in respect of the Pre-Exercise Notification
Period. Paragraph 2.2(e) describes the Pre-Exercise Notification Period
during which an exercising party can submit, modify, and/or withdraw
preliminary exercise notices. The Exercise Procedures allow firms to
submit preliminary exercise notices such that the preliminary
instructions can be used as the final exercise instructions in the
event of a communications failure during the exercise window. The
proposed changes would allow ICC to identify each exercising party's
``in the money'' Index Option open positions for the relevant
expiration date and submit, on behalf of the exercising party,
preliminary exercise notices for all such in ``the money'' positions.
Such preliminary exercise notices submitted by ICC for an exercising
party may be modified or withdrawn by the exercising party during the
Pre-Exercise Notification Period. Additionally, the proposal would make
a related change to Paragraph 2.2(i) to reference ICC's ability to
submit, on behalf of an exercising party, a preliminary exercise
notice.
    The proposal would also update Paragraphs 2.6 and 2.8, which
include procedures to address a failure of the electronic system
established by ICC for exercise. In such case, Paragraph 2.6 provides
ICC with several options including, canceling and rescheduling the
Exercise Period (i.e., the period on the expiration date of an Index
Swaption during which the Swaption Buyer may deliver an exercise notice
to ICC to exercise all or part of such Index Swaption). The proposed
changes would clarify that canceling and rescheduling the Exercise
Period may include scheduling a new Pre-Exercise Notification Period,
in which case any preliminary exercise notices and exercise notices
submitted prior will be ineffective. Paragraph 2.8 addresses the
situation where ICC will automatically exercise on the expiration date
each open position (of all exercising parties) in an Index Swaption
that is determined by ICC to be ``in the money'' on such date. The
proposal would include additional language relating to its
determination of whether an Index Swaption is ``in the money'' in
connection with the clearing of iTraxx Index Swaptions.

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act directs the Commission to approve a
proposed rule change of a self-regulatory organization if it finds that
the proposed rule change is consistent with the requirements of the Act
and the rules and regulations thereunder applicable to the
organization.\6\ For the reasons given below, the Commission finds that
the proposed rule change is consistent with Section 17A(b)(3)(F) of the
Act \7\ and Rules 17Ad-22(e)(1) and 17Ad-22(e)(17)(i) and (ii)
thereunder.\8\
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    \6\ 15 U.S.C. 78s(b)(2)(C).
    \7\ 15 U.S.C. 78q-1(b)(3)(F).
    \8\ 17 CFR 240.17Ad-22(e)(1), (e)(17)(i) and (ii).
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A. Consistency With Section 17A(b)(3)(F) of the Act

    Section 17A(b)(3)(F) of the Act requires, among other things, that
the rules of ICC be designed to promote the prompt and accurate
clearance and settlement of securities transactions and, to the extent
applicable, derivative agreements, contracts, and transactions, to
assure the safeguarding of securities and funds which are in the
custody or control of ICC or for which it is responsible, and, in
general, to protect investors and the public interest.\9\
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    \9\ 15 U.S.C. 78q-1(b)(3)(F).
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    As discussed above, the proposed rule change would make minor
revisions to the Rules for settlement of an exercised Index Swaption.
Specifically, the proposal would revise Rule 26R-319(b)(ii) to remove
the description of the Additional Accrual in the determination of Index
Swaption settlement amounts. The Commission believes this minor
revision helps to simplify ICC's settlement rules with respect to
settlement of Index Swaptions, for which the Additional Accrual will be
zero, which could make it easier to understand the potential Index
Swaption settlement amounts easier, thereby promoting the prompt

and accurate settlement of securities transactions.
    Additionally, the proposal would amend ICC's Rules to omit and
revise certain other information. Specifically, the proposal would
amend Rule 26R-319(c), which applies in the case of a relevant M(M)R
Restructuring Credit Event, by omitting a paragraph (i) related to the
delivery of MP Notices by Swaption Buyers and Sellers, and removing
paragraph (iv), which currently discusses the treatment of the
Underlying New Trade in respect of the Event Determination Date.
Instead, the proposed language in paragraph (iii) would discuss the
treatment of the Underlying New Trade depending on whether the
expiration date occurred prior to, or on or following, the commencement
of the CEN Triggering Period. If the expiration date occurs prior to
commencement of the period, the Underlying New Trade will be subject to
the provisions of the CDS Restructuring Rules in Subchapter 26E. If the
Expiration Date occurs on or following commencement of such period,
neither party will be permitted to deliver an MP Notice, the Underlying
New Trade cannot become a Triggered Restructuring CDS Transaction and
no Event Determination Date or settlement will occur. The Commission
believes that this proposed revision will ensure that only trades
meeting the timing of the triggering period will be settled. This, in
turn, promotes accurate clearance and settlement during specified
periods as well as assuring the safeguarding of securities or funds in
ICC's custody or control or for which it is responsible by ensuring
only appropriate securities and funds are exchanged.
    Further, as noted above, the Exercise Procedures supplement the
provisions of Subchapter 26R of the Rules with respect to Index
Swaptions and provide further detail as to the manner in which Index
Swaptions may be exercised by Swaption Buyers, the manner in which ICC
will assign such exercises to Swaption Sellers, and certain actions
that ICC may take in the event of technical issues. First, the
definition of Pre-Exercise Notification Period has been revised to
include a reference to Paragraph 2.2(e), which itself describes the
Pre-Exercise Notification Period during which an exercising party can
submit, modify, and/or withdraw preliminary exercise notices such that
the preliminary instructions can be used as the final exercise
instructions in the event of a communications failure during the
exercise window. The Commission believes that this proposed change
enhances the definition of this term by cross-referencing a more
complete description of this period. Additionally, the proposal would
revise Paragraph 2.2(e), which would allow ICC to identify each
exercising party's ``in the money'' Index Option open positions for the
relevant expiration date and submit, on behalf of the exercising party,
preliminary exercise notices for all such ``in the money'' positions.
Further, such preliminary exercise notices submitted by ICC for an
exercising party may be modified or withdrawn by the exercising party
during the Pre-Exercise Notification Period. Additionally, the proposal
would make a related change to Paragraph 2.2(i) to reference ICC's
ability to submit, on behalf of an exercising party, a preliminary
exercise notice. The Commission believes that these proposed changes to
the procedures related to the pre-exercise notification period would
enhance the procedures by clarifying ICC's role in identifying each
Exercising Party's ``in the money'' Index Option Open Positions for the
relevant Expiration Date and submitting preliminary notices. The
Commission believes that this should help the preliminary notification
process operate smoothly and ensure that the preliminary instructions
can be used as the final exercise instructions in the event of a
communications failure during the exercise window, thereby increasing
reliability of the process and helping to ensure prompt and accurate
clearance and settlement of securities upon the exercise of Index
Swaptions.
    The proposed rule change would further revise the Exercise
Procedures to account for the Pre-Exercise Notification Period during a
systems failure. Specifically, as noted above, paragraph 2.6 provides
ICC with several options including canceling and rescheduling the
Exercise Period in the event of an exercise systems failure. The
proposed changes would clarify that canceling and rescheduling the
Exercise Period may include scheduling a new Pre-Exercise Notification
Period, in which case any preliminary exercise notices and exercise
notices submitted prior will be ineffective. The Commission believes
that this proposed change would enhance the procedures by ensuring that
pre-notifications do not result in erroneous exercises when there is a
systems failure, thereby aiming to ensure accurate settlement and the
safeguarding of securities and funds.
    Paragraph 2.8 of the Exercise Procedures addresses the situation in
which ICC will automatically exercise on the expiration date each open
position in an Index Swaption that is determined by ICC to be ``in the
money'' on such date. As noted above, the Exercise Procedures would be
amended to include additional language in this paragraph relating to
its determination of whether an Index Swaption is ``in the money.'' The
Commission believes that this proposed change ensures that each of
ICC's cleared products are appropriately and accurately exercised when
there has been a systems failure, which in turn supports ICC's ability
to promptly and accurately clear and settle securities transactions and
safeguard securities and funds in its custody or control.
    For the reasons stated above, the Commission finds that the
proposed rule change should promote the prompt and accurate clearance
and settlement of securities transactions and assure the safeguarding
of securities and funds in ICC's custody and control or for which it is
responsible, consistent with the Section 17A(b)(3)(F) of the Act.\10\
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    \10\ 15 U.S.C. 78q-1(b)(3)(F).
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B. Consistency With Rule 17Ad-22(e)(1)

    Rule 17Ad-22(e)(1) requires that ICC establish, implement, maintain
and enforce written policies and procedures reasonably designed to
provide for a well-founded, clear, transparent, and enforceable legal
basis for each aspect of its activities in all relevant
jurisdictions.\11\ As discussed above, the proposed changes to the
Rules and Procedures should provide clear guidance for ICC's clearance
and settlement of Index Swaptions by removing from the rules the
reference to the Additional Accrual in the determination of Index
Swaption settlement amounts. Similarly, amending Rule 26R-319(c) as
noted above, which applies in the case of a relevant M(M)R
Restructuring Credit Event, should provide a clear basis for the
treatment of the Underlying New Trade depending on whether the
expiration date occurred prior to, or on or following, the commencement
of the CEN Triggering Period.
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    \11\ 17 CFR 240.17Ad-22(e)(1).
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    Further, the Commission believes that in proposing changes to the
procedures related to the pre-exercise notification period clarifying
ICC's role in identifying each Exercising Party's ``in the money''
Index Option Open Positions for the relevant Expiration Date and
submitting preliminary notices, the procedures would provide a clear
basis for the use of the preliminary instructions such as the final
exercise instructions in the event of a communications failure during
the exercise window.

    For these reasons, the Commission finds that the proposed rule
change is consistent with Rule 17Ad-22(e)(1).\12\
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    \12\ 17 CFR 240.17Ad-22(e)(1).
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C. Consistency With Rule 17Ad-22(e)(17)

    Rules 17Ad-22(e)(17)(i) and (ii) require that ICC establish,
implement, maintain and enforce written policies and procedures
reasonably designed to, as applicable, manage its operational risks by
(i) identifying the plausible sources of operational risk, both
internal and external, and mitigating their impact through the use of
appropriate systems, policies, procedures, and controls, and (ii)
ensuring that systems have a high degree of security, resiliency,
operational reliability, and adequate, scalable capacity.\13\ The
Commission believes that by allowing ICC to identify each exercising
party's ``in the money'' Index Option open positions for the relevant
expiration date and submit preliminary exercise notices for all such in
``the money'' positions, ICC can mitigate the impact of a technology or
communication error because they can be used as the final exercise
instructions in the event of a communications failure during the
exercise window. The Commission believes that such procedures should
help mitigate the impact from technical issues to ensure that the
system has a high degree of security, resiliency, and operational
reliability. Similarly, the Commission believes that the proposed
changes to the Exercise Procedures that, in the event of an exercise
system failure, clarify that canceling and rescheduling the Exercise
Period may include scheduling a new Pre-Exercise Notification Period,
in which case any preliminary exercise notices and exercise notices
submitted prior will be ineffective, enhances operational reliability
of ICC's systems.
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    \13\ 17 CFR 240.17Ad-22(e)(17)(i)-(ii).
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    For these reasons, the Commission finds that the proposed rule
change is consistent with Rule 17Ad-22(e)(17)(i) and (ii).\14\
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    \14\ 17 CFR 240.17Ad-22(e)(17)(i)-(ii).
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IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule change is consistent with the requirements of the Act,
and in particular, with the requirements of Section 17A(b)(3)(F) of the
Act \15\ and Rules 17Ad-22(e)(1) and 17Ad-22(e)(17)(i) and (ii).\16\
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    \15\ 15 U.S.C. 78q-1(b)(3)(F).
    \16\ 17 CFR 240.17Ad-22(e)(1), (e)(17)(i) and (ii).
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    It is therefore ordered pursuant to Section 19(b)(2) of the Act
\17\ that the proposed rule change (SR-ICC-2021-006), be, and hereby
is, approved.\18\
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    \17\ 15 U.S.C. 78s(b)(2).
    \18\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).

    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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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-10277 Filed 5-14-21; 8:45 am]
BILLING CODE 8011-01-P