[Federal Register: May 14, 2008 (Volume 73, Number 94)]
[Notices]
[Page 27886-27887]
[DOCID:fr14my08-127]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Request Revision From the Office of
Management and Budget of a Currently Approved Information Collection
Activity, Request for Comments; Commercial Space Transportation
Reusable Launch Vehicle and Reentry Licensing Regulation

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: The FAA invites public comments about our intention to request
the Office of Management and Budget (OMB) to approve a current
information collection. The information is used to determine if
applicants satisfy requirements for obtaining a launch license to
protect the public from risks associated with reentry operations from a
site not operated by or situated on a Federal launch range.

DATES: Please submit comments by July 14, 2008.

FOR FURTHER INFORMATION CONTACT: Carla Mauney on<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Federal Aviation Administration (FAA).

    Title: Commercial Space Transportation Reusable Launch Vehicle and
Reentry Licensing Regulation.
    Type of Request: Extension without change of an approved
collection.
    OMB Control Number: 2120-0643.
    Form(s): There are no FAA forms associated with this collection.
    Affected Public: A total of 3 respondents.
    Frequency: The information is collected on occasion.

    Estimated Average Burden Per Response: Approximately 3,333 hours
per response.
    Estimated Annual Burden Hours: An estimated 10,000 hours annually.
    Abstract: The information is used to determine if applicants
satisfy requirements for obtaining a launch license to protect the
public from risks associated with reentry operations from a site not
operated by or situated on a Federal launch range.

ADDRESSES: Send comments to the FAA at the following address: Ms. Carla
Mauney, Room 712, Federal Aviation Administration, IT Enterprises
Business Services Division, AES-200, 800 Independence Ave., SW.,
Washington, DC 20591.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimates of the burden of
the proposed information collection; ways to enhance the quality,
utility and clarity of the information to be collected; and ways to
minimize the burden of the collection of information on respondents,
including the use of automated collection techniques or other forms of
information technology.

    Issued in Washington, DC, on May 6, 2008.
Carla Mauney,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, AES-200.
 [FR Doc. E8-10559 Filed 5-13-08; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register Volume 74, Number 127 (Monday, July 6, 2009)]
[Rules and Regulations]
[Pages 31850-31854]
[FR Doc No: E9-15827]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 742, 745, and 774

[Docket No. 090113021-9025-01]
RIN 0694-AE55

Implementation of the 2008 Australia Group (AG) Intersessional
Decisions; Additions to the List of States Parties to the Chemical
Weapons Convention (CWC)

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) is publishing this
final rule to amend the Export Administration Regulations (EAR) to
implement the 2008 Australia Group (AG) intersessional decisions, which
were recommended at the Intersessional Implementation Meeting held at
The Hague on October 8-9, 2008, and adopted under the AG intersessional
silent approval procedures in December 2008. This final rule amends the
EAR to reflect changes to the AG ``Control List of Dual-Use Chemical
Manufacturing Facilities and Equipment and Related Technology and
Software'' affecting valves and toxic gas monitoring systems.
Consistent with these changes, this rule expands the EAR controls on
valves to include those having contact surfaces lined with certain
ceramic materials. In addition, this rule clarifies the types of
dedicated detecting components that are subject to the EAR controls on
toxic gas monitoring systems and expands these controls to include
dedicated software for such systems.
    This rule also amends the EAR to reflect changes to the AG
``Control List of Dual-Use Biological Equipment and Related Technology
and Software'' affecting cross (tangential) flow filtration equipment.
Consistent with these changes, the rule clarifies the EAR controls on
such equipment to specifically identify equipment using disposable or
single-use filtration components.
    In addition, this rule amends the EAR to reflect changes to the AG
``Guidelines for Transfers of Sensitive Chemical or Biological Items.''
Consistent with these changes, the rule amends the AG-related software
entries in the EAR to include references to several definitions that
were recently added to the AG ``Guidelines.''
    Finally, this rule amends the list of countries that currently are
States Parties to the CWC by adding ``Bahamas,'' ``Dominican
Republic,'' ``Iraq,'' and ``Lebanon,'' which recently became States
Parties. As a result of this change, the CW (Chemical Weapons) license
requirements and policies in the EAR that apply to these countries now
conform with those applicable to other CWC States Parties. However,
because of the special EAR controls that apply to Iraq, items
controlled under the EAR for CW reasons continue to require a license
for export or reexport to Iraq, or for transfer within Iraq.

DATES: This rule is effective July 6, 2009. Although there is no formal
comment period, public comments on this regulation are welcome on a
continuing basis.

ADDRESSES: You may submit comments, identified by RIN 0694-AE55, by any
of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>Include ``RIN 0694-
AE55'' in the subject line of the message.
     Fax:<PHONE_NUMBER>. Please alert the Regulatory Policy
Division, by calling<PHONE_NUMBER>, if you are faxing comments.
     Mail or Hand Delivery/Courier: Willard Fisher, U.S.
Department of Commerce, Bureau of Industry and Security, Regulatory
Policy Division, 14th Street & Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230, ATTN: RIN 0694-AE55.
    Send comments regarding this collection of information, including
suggestions for reducing the burden, to Jasmeet Seehra, Office of
Management and Budget (OMB), by e-mail to<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER>; and to the Regulatory
Policy Division, Bureau of Industry and Security, Department of
Commerce, 14th Street & Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230. Comments on this collection of information should
be submitted separately from comments on the final rule (i.e., RIN
0694-AE55)--all comments on the latter should be submitted by one of
the four methods outlined above.

FOR FURTHER INFORMATION CONTACT: Theodore Curtin, Export Policy
Analyst, Chemical and Biological Controls Division, Office of
Nonproliferation and Treaty Compliance, Bureau of Industry and
Security, Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    The Bureau of Industry and Security (BIS) is amending the Export
Administration Regulations (EAR) to implement the 2008 Australia Group
(AG) intersessional decisions, which were recommended at the
Intersessional Implementation Meeting held at The Hague on October 8-9,
2008, and adopted under the AG intersessional silent approval
procedures in December 2008. The AG is a multilateral forum, consisting
of 40 participating countries, that maintains export controls on a list
of chemicals, biological agents, and related equipment and technology
that could be used in a chemical or biological weapons program. The AG
periodically reviews items on its control list to enhance the
effectiveness of participating governments' national controls and to
achieve greater harmonization among these controls.
    The 2008 AG intersessional decisions included changes to the AG
``Control List of Dual-Use Chemical Manufacturing Facilities and
Equipment and Related Technology and Software'' affecting valves and
toxic gas monitoring systems. Consistent with these changes, this rule
amends Export Control Classification Number (ECCN) 2B350 on the
Commerce Control List (CCL) (Supplement No. 1 to Part 774 of the EAR)
by revising the controls on valves described in ECCN 2B350.g to include
any such valves (including casings or preformed casing liners designed
for such valves) that are made from any of the following ceramic
materials:
    (1) Silicon carbide with a purity of 80% or more by weight; (2)
aluminum oxide (alumina) with a purity of 99.9% or more by weight; or
(3) zirconium oxide (zirconia).
    This rule also amends ECCN 2B351 on the CCL, which controls certain
toxic gas monitoring systems, to specify the types of dedicated
detecting components therefor that are controlled under this ECCN
(i.e., detectors, sensor devices, and replaceable sensor cartridges).
In addition, this rule adds a new ECCN 2D351 to control dedicated
software for toxic gas monitoring systems and their dedicated detecting
components controlled under ECCN 2B351. Software controlled under this
new ECCN requires a license for destinations indicated under CB Column
2 and/or AT Column 1 on the Commerce Country Chart (Supplement No. 1 to
Part 738 of the EAR). The rule also makes two related conforming
changes by: (1) Amending ECCN 2E001 (technology for the ``development''
of most 2A, 2B, or 2D items) to add a reference to new ECCN 2D351 under
the CB controls paragraph in the License Requirements section of the
ECCN and (2) adding a reference to new ECCN 2D351 in Section
742.2(a)(2) of the EAR, which identifies those items that require a
license to destinations indicated under CB Column 2 on the Commerce
Country Chart.
    The 2008 AG intersessional decisions also included changes to the
AG ``Control List of Dual-Use Biological Equipment and Related
Technology and Software'' affecting cross (tangential) flow filtration
equipment. Consistent with these changes, the rule amends ECCN 2B352 on
the CCL by revising the controls on cross (tangential) flow filtration
equipment described in ECCN 2B352.d to specifically identify any such
equipment using disposable or single-use filtration components as
subject to control.
    In addition, the 2008 AG intersessional decisions included changes
to the AG ``Guidelines for Transfers of Sensitive Chemical or
Biological Items.'' As a result of these decisions, the AG
``Guidelines'' were revised to include definitions for ``software,''
``program,'' and ``microprogram,'' as well as language indicating that
software identified on the AG Common Control Lists does not include
mass market software, i.e., software that: (i) Is generally available
to the public by being sold from stock at retail selling points,
without restriction, by means of over-the-counter transactions, mail
order transactions, electronic transactions, or telephone call
transactions and (ii) is designed for installation by the user without
further substantial support by the supplier.
    Since the three definitions that were added to the AG
``Guidelines'' are currently found in Section 772.1 of the EAR, this
rule simply adds a reference to the definitions in the ``Related
Definitions'' paragraph for ECCN 1D390 \1\ on the CCL, which controls
``software'' for process control that is specifically configured to
control or initiate ``production'' of chemicals controlled by 1C350,
and new ECCN 2D351, which controls dedicated software for toxic gas
monitoring systems and their dedicated components controlled under ECCN
2B351. This rule does not include in either of these two ECCNs a mass
market software exclusion, as described in the AG ``Guidelines,''
because the General Technology Note (Note 2) in Supplement No. 2 to
Part 774 of the EAR contains an identical mass market software
exclusion, which is available for all software on the CCL (except
encryption software controlled for ``EI'' reasons) under License
Exception TSU, and which applies to all destinations, except those
identified in Country Group E:1. Note that software that is eligible
for the mass market exemption under License Exception TSU is distinct
from publicly available software described in Section 734.3(b)(3) of
the EAR, since the latter is not subject to the EAR while the former
continues to be subject to the EAR.
---------------------------------------------------------------------------

    \1\ Process control software in ECCN 1D390 is not included on
the AG ``Control List of Dual-Use Chemical Manufacturing Facilities
and Equipment and Related Technology and Software.'' However, BIS
controls such software consistent with the chemical/biological (CB)
controls described in Section 742.2(a)(2) of the EAR.
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    Finally, this rule amends Supplement No. 2 to Part 745 of the EAR
(titled ``States Parties to the Convention on the Prohibition of the
Development, Production, Stockpiling, and Use of Chemical Weapons and
on Their Destruction'') by adding ``Bahamas,'' ``Dominican Republic,''
``Iraq,'' and ``Lebanon,'' which became States Parties to the CWC on
May 21, 2009, April 26, 2009, February 12, 2009, and December 20, 2008,
respectively. As a result of this change, the CW (Chemical Weapons)
license requirements and policies that apply to these countries now
conform with those applicable to other CWC States Parties, as described
in Section 742.18 of the EAR. However, items controlled for CW reasons
under the EAR continue to require a license for export or reexport to
Iraq, or for transfer within Iraq, in accordance with the licensing
policy for Iraq described in Section 746.3(a) of the EAR.
    Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as extended by the Notice of July 23, 2008,
73 FR 43603 (July 25, 2008), has continued the Export Administration
Regulations in effect under the International Emergency Economic Powers
Act.

Saving Clause

    Shipments of items removed from eligibility for export or reexport
under a license exception or without a license (i.e., under the
designator ``NLR'') as a result of this regulatory action that were on
dock for loading, on lighter, laden aboard an exporting carrier, or en
route aboard a carrier to a port of export, on August 5, 2009, pursuant
to actual orders for export or reexport to a foreign destination, may
proceed to that destination under the previously applicable license
exception or without a license (NLR) so long as they are exported or
reexported before August

20, 2009. Any such items not actually exported or reexported before
midnight, on August 20, 2009, require a license in accordance with this
regulation.
    ``Deemed'' exports of ``technology'' and ``source code'' removed
from eligibility for export under a license exception or without a
license (under the designator ``NLR'') as a result of this regulatory
action may continue to be made under the previously available license
exception or without a license (NLR) before August 20, 2009. Beginning
at midnight on August 20, 2009, such ``technology'' and ``source code''
may no longer be released, without a license, to a foreign national
subject to the ``deemed'' export controls in the EAR when a license
would be required to the home country of the foreign national in
accordance with this regulation.

Rulemaking Requirements

    1. This rule has been determined to be not significant for purposes
of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number. This rule
contains a collection of information subject to the requirements of the
PRA. This collection has been approved by OMB under Control Number
0694-0088 (Multi-Purpose Application), which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748. Send
comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing the
burden, to Jasmeet Seehra, Office of Management and Budget (OMB), and
to the Regulatory Policy Division, Bureau of Industry and Security,
Department of Commerce, as indicated in the ADDRESSES section of this
rule.
    3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (Section 5 U.S.C. 553(a)(1)). Further, no
other law requires that a notice of proposed rulemaking and an
opportunity for public comment be given for this final rule. Because a
notice of proposed rulemaking and an opportunity for public comment are
not required to be given for this rule under 5 U.S.C. 553 or by any
other law, the analytical requirements of the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.) are not applicable.
    Therefore, this regulation is issued in final form. Although there
is no formal comment period, public comments on this regulation are
welcome on a continuing basis.

List of Subjects

15 CFR Part 742

    Exports, Foreign trade.

15 CFR Part 745

    Administrative practice and procedure, Chemicals, Exports, Foreign
trade, Reporting and recordkeeping requirements.

15 CFR Part 774

    Exports, Foreign trade, Reporting and recordkeeping requirements.

0
Accordingly, Parts 742, 745, and 774 of the Export Administration
Regulations (15 CFR Parts 730-774) are amended as follows:

PART 742--[AMENDED]

0
1. The authority citation for 15 CFR part 742 continues to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 12058,
43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3
CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp.,
p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential
Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003;
Notice of July 23, 2008, 73 FR 43603 (July 25, 2008); Notice of
November 10, 2008, 73 FR 67097 (November 12, 2008).

0
2. Section 742.2 is amended by redesignating paragraphs (a)(2)(viii)
and (a)(2)(ix) as paragraphs (a)(2)(x) and (a)(2)(xi) and by adding new
paragraphs (a)(2)(viii) and (a)(2)(ix) to read as follows:

Sec.  742.2  Proliferation of chemical and biological weapons.

    (a) * * *
    (2) * * *
    (viii) Dedicated software identified in ECCN 2D351 for the ``use''
of toxic gas monitoring systems and their dedicated detecting
components controlled by ECCN 2B351.
    (ix) Technology identified in ECCN 2E001 for the ``development'' of
software controlled by ECCN 2D351.
* * * * *

PART 745--[AMENDED]

0
3. The authority citation for 15 CFR part 745 continues to read as
follows:

    Authority:  50 U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3
CFR, 1994 Comp., p. 950; Notice of November 10, 2008, 73 FR 67097
(November 12, 2008).

Supplement No. 2 to Part 745--[Amended]

0
4. Supplement No. 2 to Part 745 is amended:
0
a. By revising the undesignated center heading ``List of States Parties
as of July 1, 2008'' to read ``List of States Parties as of May 21,
2009''; and
0
b. By adding, in alphabetical order, the countries ``Bahamas'',
``Dominican Republic'', ``Iraq'', and ``Lebanon''.

PART 774--[AMENDED]

0
5. The authority citation for 15 CFR part 774 continues to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5;
22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; Notice of July 23, 2008, 73 FR 43603 (July 25, 2008).

Supplement No. 1 to Part 774--[Amended]

0
6. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1--Materials, Chemicals, ``Microorganisms'' & ``Toxins,'' ECCN
1D390 is amended by revising the ``Related Definitions'' paragraph,
under the List of Items Controlled, to read as follows:

    1D390 ``Software'' for process control that is specifically
configured to control or initiate ``production'' of chemicals
controlled by 1C350.
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: See Section 772.1 of the EAR for the
definitions of ``software,'' ``program,'' and ``microprogram.''
    Items: * * *

0
7. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2--Materials Processing, ECCN 2B350 is amended by revising
paragraph (g) under ``Items'' in the List of Items Controlled to read
as follows:

    2B350 Chemical manufacturing facilities and equipment, except
valves controlled by 2A226 or 2A292, as follows (see List of Items
Controlled).
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
* * * * *
    g. Valves with nominal sizes greater than 1.0 cm (\3/8\ in.),
and casings (valve bodies) or preformed casing liners designed for
such valves, in which all surfaces that come in direct contact with
the chemical(s) being processed or contained are made from any of
the following materials:
    g.1. Alloys with more than 25% nickel and 20% chromium by
weight;
    g.2. Nickel or alloys with more than 40% nickel by weight;
    g.3. Fluoropolymers;
    g.4. Glass or glass lined (including vitrified or enameled
coatings);
    g.5. Tantalum or tantalum alloys;
    g.6. Titanium or titanium alloys;
    g.7. Zirconium or zirconium alloys;
    g.8. Niobium (columbium) or niobium alloys; or
    g.9. Ceramic materials, as follows:
    g.9.a. Silicon carbide with a purity of 80% or more by weight;
    g.9.b. Aluminum oxide (alumina) with a purity of 99.9% or more
by weight; or
    g.9.c. Zirconium oxide (zirconia).
* * * * *

0
8. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2--Materials Processing, ECCN 2B351 is amended by revising the
ECCN heading and by revising the ``Related Controls'' and ``Related
Definitions'' paragraphs, under the List of Items Controlled, to read
as follows:

    2B351 Toxic gas monitoring systems and their dedicated detecting
components (i.e., detectors, sensor devices, and replaceable sensor
cartridges), as follows, except those systems and detectors
controlled by ECCN 1A004.c (see List of Items Controlled).
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: See ECCN 2D351 for ``software'' for toxic gas
monitoring systems and their dedicated detecting components
controlled by this ECCN. Also see ECCN 1A004, which controls
chemical detection systems and specially designed components
therefor that are specially designed or modified for detection or
identification of chemical warfare agents, but not specially
designed for military use, and ECCN 1A995, which controls certain
detection equipment and components not controlled by ECCN 1A004 or
by this ECCN.
    Related Definitions: (1) For the purposes of this entry, the
term ``dedicated'' means committed entirely to a single purpose or
device. (2) For the purposes of this entry, the term ``continuous
operation'' describes the capability of the equipment to operate on
line without human intervention. The intent of this entry is to
control toxic gas monitoring systems capable of collection and
detection of samples in environments such as chemical plants, rather
than those used for batch-mode operation in laboratories.
* * * * *

0
9. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2--Materials Processing, ECCN 2B352 is amended by revising
paragraph (d)(1)(b) under ``Items'' in the List of Items Controlled to
read as follows:

    2B352 Equipment capable of use in handling biological materials,
as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
* * * * *
    d. * * *
    d.1. * * *
    d.1.b. Having any of the following characteristics:
    d.1.b.1. Capable of being sterilized or disinfected in-situ; or
    d.1.b.2. Using disposable or single-use filtration components.
* * * * *

0
10. Supplement No. 1 to Part 774 (the Commerce Control List), Category
2--Materials Processing, is amended by adding a new ECCN 2D351
immediately following ECCN 2D290 to read as follows:

    2D351 Dedicated ``software'' for toxic gas monitoring systems
and their dedicated detecting components controlled by ECCN 2B351.

License Requirements

    Reason for Control: CB, AT

------------------------------------------------------------------------
                Control(s)                         Country chart
------------------------------------------------------------------------
CB applies to entire entry...............  CB Column 2.
AT applies to entire entry...............  AT Column 1.
------------------------------------------------------------------------

License Exceptions

    CIV: N/A.
    TSR: N/A.

List of Items Controlled

    Unit: $ value.
    Related Controls: N/A.
    Related Definitions: (1) For the purposes of this entry, the
term ``dedicated'' means committed entirely to a single purpose or
device. (2) See Section 772.1 of the EAR for the definitions of
``software,'' ``program,'' and ``microprogram.''
    Items:
    The list of items controlled is contained in the ECCN heading.

0
11. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2--Materials Processing, ECCN 2E001 is amended by revising the
CB controls paragraph in the ``License Requirements'' section to read
as follows:

    2E001 ``Technology'' according to the General Technology Note
for the ``development'' of equipment or ``software'' controlled by
2A (except 2A983, 2A991, or 2A994), 2B (except 2B991, 2B993, 2B996,
2B997, or 2B998), or 2D (except 2D983, 2D991, 2D992, or 2D994).

License Requirements

    Reason for Control: * * *

------------------------------------------------------------------------
              Control(s)                          Country chart
------------------------------------------------------------------------

                              * * * * * * *
CB applies to ``technology'' for        CB Column 2.
 equipment controlled by 2B350 to
 2B352, valves controlled by 2A226 or
 2A292 having the characteristics of
 those controlled by 2B350.g, and
 software controlled by 2D351.
------------------------------------------------------------------------

* * * * *

    Dated: June 29, 2009.
Matthew S. Borman,
Acting Assistant Secretary for Export Administration.
[FR Doc. E9-15827 Filed 7-2-09; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register Volume 78, Number 83 (Tuesday, April 30, 2013)]
[Notices]
[Pages 25325-25326]
[FR Doc No: 2013-10103]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69445; File No. SR-NASDAQ-2013-069]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Eliminate the Free Period for the Limit Up/Limit Down Band Lookup Add-
On Service to TradeInfo Under Rule 7015(f)

April 24, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 19, 2013 The NASDAQ Stock Market LLC (``NASDAQ'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') a proposed rule change as described in Items I, II and
III below, which Items have been prepared by the Exchange. 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\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NASDAQ is proposing a rule change to eliminate the free period for
the Limit Up/Limit Down Band Lookup add-on service to TradeInfo under
Rule 7015(f). The text of the proposed rule change is below. Proposed
deletions are in brackets.
* * * * *

7015. Access Services

    The following charges are assessed by Nasdaq for connectivity to
systems operated by NASDAQ, including the Nasdaq Market Center, the
FINRA/NASDAQ Trade Reporting Facility, and FINRA's OTCBB Service. The
following fees are not applicable to the NASDAQ Options Market LLC. For
related options fees for Access Services refer to Chapter XV, Section 3
of the Options Rules.
    (a)-(e) No change.
    (f) TradeInfo
    Members not subscribing to the Nasdaq Workstation using TradeInfo
will be charged a fee of $95 per user per month.
    A member firm that has a TradeInfo user subscription may subscribe
to the Limit Up/Limit Down Band Lookup add-on service [at no cost
beginning April 15, 2013 and] for a fee of $200 per user per month
beginning May 1, 2013. The Limit Up/Limit Down Band Lookup

add-on service provides a subscribing member firm with intraday and
historical limit up/limit down price band information for individual
securities that are subject to limit up/limit down price bands.
    (g)-(h) No change.
    * Eligible for 25% discount under the Qualified Market Maker
Program during a pilot period expiring on April 30, 2013.
* * * * *

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

    In its filing with the Commission, NASDAQ 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    NASDAQ is proposing to eliminate the free period of the recently-
adopted \3\ Limit Up/Limit Down Band Lookup add-on service to TradeInfo
due to technical issues discovered in the launch of the service. As a
consequence of these issues, NASDAQ was unable to launch the service
and must make changes to its software to enable members to subscribe.
NASDAQ will offer the service beginning May 1, 2013, at which time the
monthly fee will be assessed on subscribers consistent with the rule.
---------------------------------------------------------------------------

    \3\ See SR-NASDAQ-2013-066, Securities Exchange Act Release No.
34-69444 (April 24, 2013).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \4\ in general, and with Section 6(b)(4) \5\ of the
Act, in particular. The Exchange believes it is consistent with Section
6(b)(4) of the Act because it provides for the equitable allocation of
reasonable dues, fees and other charges among members and issuers and
other persons using any facility or system which the Exchange operates
or controls. NASDAQ is eliminating the period during which the service
is available at no cost because it has encountered technical issues
that prevent it from offering the service until May 1, 2013. NASDAQ is
eliminating the free period for all member firms, and no member firms
will have access to the service until it is offered on May 1, 2013, at
which time the fee will apply. To date, no member firms have subscribed
to the service, and as a consequence no member firms will be required
to unsubscribe from the service. As such, the Exchange believes that
the elimination of the free period is reasonable.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    NASDAQ does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. NASDAQ notes that
no member firms have subscribed to the service to date, and as a
consequence no member firms will be affected by the elimination of the
free period for the service. NASDAQ further notes that the member firms
may access the information provided by the service through other means,
so to the extent that there is a burden on competition resulting from
the delay in offering the service, it is appropriate in furtherance of
the purposes of the Act, as amended.

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

    Written comments were neither solicited nor received.

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

    The foregoing change has become effective pursuant to Section
19(b)(3)(A) of the Act,\6\ and paragraph (f) \7\ of Rule 19b-4,
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2013-069 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2013-069. 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 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 offices of NASDAQ. All comments received will be
posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NASDAQ-2013-069, and should be submitted
on or before May 21, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-10103 Filed 4-29-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 95 (Tuesday, May 17, 2011)]
[Rules and Regulations]
[Pages 28305-28306]
[FR Doc No: 2011-11695]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-1264; Airspace Docket No. 10-AWP-23]

Amendment of Class D and Class E Airspace; Livermore, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends existing Class E airspace at Livermore, CA,
to accommodate aircraft using new Instrument Landing System (ILS)
Localizer (LOC) standard instrument approach procedures at Livermore
Municipal Airport, and also corrects the airspace designation. This
action also corrects a typographical error in the airspace description
for Class D airspace. This improves the safety and management of
Instrument Flight Rules (IFR) operations at the airport.

DATES: Effective date, 0901 UTC, August 25, 2011. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue, SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On February 14, 2011, the FAA published in the Federal Register a
notice of proposed rulemaking to amend controlled airspace at
Livermore, CA (76 FR 8322). Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received.
    Class D and Class E airspace designations are published in
paragraph 5000 and 6005, respectively, of FAA Order 7400.9U dated
August 18, 2010,

and effective September 15, 2010, which is incorporated by reference in
14 CFR 71.1. The Class D and Class E airspace designations listed in
this document will be published subsequently in that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by modifying Class E extending upward from 700 feet above the
surface, at Livermore Municipal Airport, Livermore, CA, to accommodate
IFR aircraft executing new ILS LOC standard instrument approach
procedures at the airport, and adds the airport name and geographic
coordinates to the airspace designation. Also, this action corrects a
typographic error in the regulatory text of the Class D airspace area
by correcting the word `iport' to `Airport'. This action is necessary
for the safety and management of IFR operations.
    The FAA has determined this regulation only involves an established
body of technical regulations for which frequent and routine amendments
are necessary to keep them operationally current. Therefore, this
regulation: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act. The FAA's authority to
issue rules regarding aviation safety is found in Title 49 of the U.S.
Code. Subtitle 1, Section 106 discusses the authority of the FAA
Administrator. Subtitle VII, Aviation Programs, describes in more
detail the scope of the agency's authority. This rulemaking is
promulgated under the authority described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that section, the FAA is charged with
prescribing regulations to assign the use of airspace necessary to
ensure the safety of aircraft and the efficient use of airspace. This
regulation is within the scope of that authority as it establishes
additional controlled airspace at Livermore Municipal Airport,
Livermore, CA.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR Part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9U, Airspace Designations and
Reporting Points, dated August 18, 2010, and effective September 15,
2010 is amended as follows:

Paragraph 5000 Class D airspace.

* * * * *

AWP CA D Livermore, CA [Amended]

Livermore Municipal Airport, CA
    (Lat. 37[deg]41'36'' N., long. 121[deg]49'13'' W.)

    That airspace extending upward from the surface to and including
2,900 feet MSL within a 4-mile radius of Livermore Municipal
Airport. This Class D airspace area is effective during the specific
dates and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Airport/Facility Directory.

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

AWP CA E5 Livermore, CA [Amended]

Livermore Municipal Airport, CA
    (Lat. 37[deg]41'36'' N., long. 121[deg]49'13'' W.)

    That airspace extending upward from 700 feet above the surface
within 8.1 miles north and 4 miles south of the Livermore Municipal
Airport 091[deg] bearing extending 23 miles east of Livermore
Municipal Airport, and within 3.5 miles north and 4 miles south of
the Livermore Municipal Airport 271[deg] bearing extending 2.6 miles
west of the airport.

    Issued in Seattle, Washington, on May 5, 2011.
John Warner,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2011-11695 Filed 5-16-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 130 (Friday, July 6, 2018)]
[Proposed Rules]
[Pages 31513-31514]
[FR Doc No: 2018-14371]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0442; FRL-9980-11--Region 1]

Air Plan Approval; New Hampshire; Action on Single Source Orders
and Revision to Definitions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve State Implementation Plan (SIP) revisions submitted by the
State of New Hampshire. The revisions incorporate a single source order
into the New Hampshire SIP, remove a previously approved order from the
SIP, and approve various definitions used within New Hampshire's air
pollution control regulations. This action is being taken under the
Clean Air Act.

DATES: Written comments must be received on or before August 6, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2017-0442 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit www.epa.gov/dockets/commenting-epa-dockets. Publicly available
docket materials are available at https://www.regulations.gov or at the
U.S. Environmental Protection Agency, EPA New England Regional Office,
Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post
Office Square--Suite 100, Boston, MA. EPA requests that if at all
possible, you contact the contact listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 a.m. to 4:30
p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Bob McConnell, Environmental Engineer,
Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02),
U.S. Environmental Protection Agency, Region 1, 5 Post Office Square,
Suite 100, Boston, Massachusetts, 02109-3912;<PHONE_NUMBER>;
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Description and Review of Submittals
    a. Order for the Diacom Corporation
    b. Withdrawal of Order for the Kalwall Corporation
    c. Revisions to Env-A 101, Definitions
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On July 24, 2017, the New Hampshire Air Resources Division (ARD)
submitted a revision to its SIP consisting of an order establishing
reasonably available control technology (RACT) requirements for the
Diacom Corporation. On June 22, 2017, the New Hampshire ARD submitted a
SIP revision that requested removal from the SIP of a previously
approved RACT order for the Kalwall Corporation. On November 14, 2003,
the New Hampshire ARD submitted a number of SIP revision requests to
EPA, including a request to revise its set of definitions used within
its air pollution control regulations. We are proposing to approve
these three SIP revision requests for the reasons stated below.

II. Description and Review of Submittals

a. Order for the Diacom Corporation

    On July 24, 2017, the New Hampshire ARD submitted to EPA as a SIP
revision request order RO-0002 establishing RACT requirements to limit
emissions of volatile organic compounds (VOCs) for the Diacom
Corporation located in Amherst, New Hampshire. The Diacom Corporation
requested a source-specific RACT order for VOCs for an adhesives
process that requires use of a high solvent-based product necessary to
obtain an extremely thin, mono-molecular layer of adhesive onto fabrics
used in the production of diaphragms for the aerospace, automotive,
medical, and food processing industries. Diacom's request included a
technical justification and an evaluation of capture and control device
technologies that were evaluated. No cost effective capture and control
technologies were uncovered from the evaluation. New Hampshire reviewed
and concurred

with the facilities request, and on June 28, 2017, issued Order No. RO-
0002 to the Diacom Corporation. Order No. RO-0002 includes a 15 tons
per year cap for VOC emissions, a VOC content limit for adhesives used
by the facility, requirements for how the adhesives shall be applied,
work practice standards, and recordkeeping and reporting requirements.
We are proposing approval of the order into the New Hampshire SIP
because it is consistent with CAA requirements for VOC RACT and with
New Hampshire's Chapter Env-A 1200, VOC RACT regulation.

b. Withdrawal of Order for the Kalwall Corporation

    New Hampshire ARD previously submitted, and EPA previously
approved, a VOC RACT order for the Kalwall Corporation. See 63 FR
11600, March 10, 1998. More recently, EPA approved a minor update to
this order, referred to by NH ARD as order ARD-99-001, on November 5,
2012. See 77 FR 66388. Subsequently, NH ARD adopted VOC control
requirements within Env-A 1200 that regulate the activity described
within the previously approved VOC RACT order. On June 22, 2017, the NH
ARD submitted a SIP revision requesting that the previously approved
order for the Kalwall Corporation be removed from the New Hampshire
SIP. New Hampshire's submittal indicated this request was made
primarily because requirements within Env-A 1212, Miscellaneous Metal
and Plastic Parts and Products, which EPA approved into the New
Hampshire SIP on November 8, 2012 (77 FR 66922), cover all of the
coating and adhesives emission limits contained within Kalwall's VOC
RACT order. Therefore, New Hampshire ARD requested that the VOC RACT
order issued to Kalwall Corporation be removed from the SIP. We are
proposing approval of the State's request.

c. Revisions to Env-A 101, Definitions

    On November 14, 2003, the New Hampshire ARD submitted a number of
SIP revision requests to EPA that included revisions to Env-A 101,
Definitions. Although New Hampshire ARD subsequently withdrew the
majority of the SIP revision requests made on November 14, 2003, the
request to amend Env-A 101, Definitions, was not withdrawn, and we are
proposing to approve that request within this action. The revision
consists of the addition of definitions for the terms coal,
consignment, crude oil, major fuel company, manufactured gas, and used
oil, and minor revisions to the existing definitions for acute fuel
shortage, blended fuel, conforming fuel, fuel supplier, and major fuel
company. These revisions help to clarify the meaning of these terms as
used within New Hampshire's air pollution control regulations and
therefore we are proposing approval of them into the SIP-approved
version of New Hampshire's Env-A 101, Definitions.

III. Proposed Action

    EPA is proposing to approve the New Hampshire SIP revision requests
described above. The SIP revisions meet section 110(l) of the CAA
because the revisions will not interfere with any applicable
requirement concerning attainment and reasonable further progress, or
any other applicable requirement of the CAA. EPA is soliciting public
comments on the issues discussed in this notice or on other relevant
matters. These comments will be considered before taking final action.
Interested parties may participate in the Federal rulemaking procedure
by submitting written comments to this proposed rule by following the
instructions listed in the ADDRESSES section of this Federal Register.

IV. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference order RO-0002, dated June 28, 2017, issued to the Diacom
Corporation, and the eleven definitions identified within section III
of this proposal. The EPA has made, and will continue to make, these
documents generally available through www.regulations.gov.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this proposed action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     This action is not expected to be an Executive Order 13771
regulatory action because this action is not significant under
Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

    Dated: June 28, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
[FR Doc. 2018-14371 Filed 7-5-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 75 (Wednesday, April 21, 2021)]
[Notices]
[Pages 20772-20774]
[FR Doc No: 2021-08149]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91582; File No. SR-FINRA-2021-007]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change to Extend the Time to Announce the Implementation
Schedule for FINRA's Corporate Bond New Issue Reference Data Service

April 15, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 13, 2021, the Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by FINRA. 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\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to extend its time to announce the
implementation schedule for FINRA's corporate bond

new issue reference data service. The proposed rule change would not
make any changes to FINRA rules.
    The text of the proposed rule change is available on FINRA's
website at http://www.finra.org, at the principal office of FINRA 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, FINRA included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. FINRA has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    On January 15, 2021, the Commission approved a proposed rule change
for FINRA to establish a new issue reference data service for corporate
bonds.\3\ When FINRA submitted that proposed rule change, it noted that
it would announce the effective date for the new issue reference data
service in a Regulatory Notice within 90 days of Commission approval,
and that the effective date would be within 270 days of Commission
approval.\4\ FINRA is now submitting this filing to extend its time to
establish and announce the effective date. Once an effective date has
been established, FINRA will issue a Regulatory Notice to announce an
implementation schedule that provides market participants with
sufficient time to prepare for implementation.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 90939 (January 15,
2021), 86 FR 6922 (January 25, 2021) (Order Setting Aside Action by
Delegated Authority and Approving File No. SR-FINRA-2019-008).
    \4\ See Securities Exchange Act Release No. 85488 (April 2,
2019), 84 FR 13977 (April 8, 2019) (Notice of Filing of File No. SR-
FINRA-2019-008).
---------------------------------------------------------------------------

    FINRA has filed the proposed rule change for immediate
effectiveness and has requested that the SEC waive the requirement that
the proposed rule change not become operative for 30 days after the
date of the filing, so FINRA can implement the proposed rule change
immediately.
    2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\5\ which requires, among
other things, that FINRA rules must be 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 regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market, and, in general, to protect investors and the
public interest. The Commission has determined that the corporate bond
new issue reference data service is consistent with the Act, including
Section 15A(b)(6), and FINRA believes that this proposed rule change
will allow for additional time to establish and announce an
implementation schedule for the corporate bond new issue reference
service on the terms approved by the Commission.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

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

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

    Written comments were neither solicited nor received.

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

    Because the foregoing 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 for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \6\ and Rule 19b-
4(f)(6) thereunder.\7\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires FINRA 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. FINRA has satisfied this
requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \8\ normally
does not become operative for 30 days after the date of the filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\9\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. FINRA has asked the
Commission to waive the 30-day operative delay so that the proposal may
become operative immediately upon filing. As discussed above, FINRA
initially stated it would announce the effective date for the corporate
bond new issue reference data service in a Regulatory Notice within 90
days of Commission approval, and that the effective date would be
within 270 days of Commission approval.\10\ FINRA requests waiver of
the 30-day operative delay so that it is immediately clear that FINRA
will extend its time to establish and announce the effective date for
the corporate bond new issue reference service. For the foregoing
reason, the Commission believes that waiver of the 30-day operative
delay is consistent with the protection of investors and the public
interest. Accordingly, the Commission waives the 30-day operative delay
and designates the proposed rule change operative upon filing.\11\
---------------------------------------------------------------------------

    \8\ 17 CFR 240.19b-4(f)(6).
    \9\ 17 CFR 240.19b-4(f)(6)(iii).
    \10\ See supra note 4 and accompanying text.
    \11\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

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-FINRA-2021-007 on the subject line.
Paper Comments
     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-FINRA-2021-007. 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 website (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 website 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 FINRA. All comments received
will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-FINRA-2021-007 and should be submitted
on or before May 12, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-08149 Filed 4-20-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Notices]
[Pages 6688-6689]
[FR Doc No: 2017-01278]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0002]

Controlled Substances and Alcohol Use and Testing: J.B. Hunt
Transport, Inc., Schneider National Carriers, Inc., Werner Enterprises,
Inc., Knight Transportation, Inc., Dupre Logistics, Inc. and Maveric
Transportation, LLC Application for Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that it has received an application from J.B.
Hunt Transport, Inc. (J.B. Hunt), Schneider National Carriers, Inc.
(Schneider), Werner Enterprises, Inc. (Werner), Knight Transportation,
Inc. (Knight), Dupre Logistics, Inc. (Dupree), and Maveric
Transportation, LLC (Maverick) (the Applicants) to allow hair analysis
in lieu of urine testing for pre-employment controlled substances
testing of commercial driver's license (CDL) holders. The Applicants
currently conduct pre-employment urine testing that satisfies the
Department of Transportation's (the Department) requirements under 49
CFR part 40 and hair analysis, separate from the Department's
controlled substances and alcohol testing program. The Applicants'
believe their data ``. . . demonstrates that hair analysis is a more
reliable and comprehensive basis for ensuring detection of controlled
substance use'' and the exemption would enable these fleets to
discontinue pre-employment urine testing. FMCSA requests public comment
on the exemption application.

DATES: Comments must be received on or before February 21, 2017.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2017-0002 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this notice. Note that DOT posts all comments received, without
change, to www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The on-line FDMS is available 24 hours each
day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, contact Mr. Thomas Yager, Chief, FMCSA Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, contact
Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2017-0002), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put
the docket number, ``FMCSA-2017-0002'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party, and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope. FMCSA will consider all comments and material received
during the comment period and may grant or not grant this application
based on your comments.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain Federal Motor Carrier Safety Regulations
(FMCSRs). FMCSA must publish a notice of each exemption request in the
Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must also

provide an opportunity for public comment on the request.
    The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).

III. Request for Exemption

Background--Regulatory Requirements

    Currently, 49 CFR 382.105, concerning FMCSA's controlled substances
and alcohol testing regulations, requires that each employer ensure all
alcohol or controlled substances testing conducted on CDL holders
complies with the procedures under 49 CFR part 40. All parties who
conduct controlled substances and alcohol tests required by the
Department must follow the Part 40 requirements on how to conduct the
test and what procedures to use. Currently, Part 40 only allows urine
testing for controlled substances. Congress, through the Omnibus
Transportation Employee Testing Act (OTETA) of 1991 (Pub. L. 102-143,
Title V, 105 Stat. 952). OTETA requires the Department to follow the
HHS Mandatory Guidelines for scientific testing issues. While DOT has
discretion concerning many aspects of the regulations governing testing
in the transportation industries' regulated programs, we must follow
the HHS Mandatory Guidelines for the laboratory standards and
procedures the Department will use for regulated testing.
    Section 382.301 provides requirements concerning pre-employment
testing of commercial driver's license (CDL) holders for controlled
substances, while 49 CFR part 383 prescribes requirements for
individuals who must obtain a CDL. With limited exceptions, an employer
must conduct pre-employment testing for controlled substances prior to
the first time a driver performs ``safety-sensitive functions,'' as
defined in 49 CFR 382.107. Employers must not allow a driver whom the
employer intends to hire or use to perform safety-sensitive functions
unless the employer has received a controlled substances test result
from the medical review officer (MRO) or consortium/third-party
administrator (C/TPA), as those terms are defined in 49 CFR 40.3,
indicating a verified negative test result for that driver.

Application for Exemption

    The Applicants have requested an exemption from 49 CFR 382.105 and
382.301 with specific authorization for release of and obtaining hair
test results to comply with 49 CFR 391.23, Investigations and
inquiries. Under the exemption, the carriers would conduct pre-
employment tests using hair analysis only, rather than hair analysis in
addition to urine testing, and individuals with negative test results
would be permitted to perform safety-sensitive functions for the
employer. Individuals testing positive would not be allowed to perform
safety-sensitive functions until the driver completes the return-to-
duty process under Subpart O of 49 CFR part 40. In addition, the
Applicants would share the positive hair testing results with
prospective employers in response to safety-performance inquiries
required by 49 CFR 391.23.
    The carriers that would be covered by the exemption already use
hair analysis as a method for pre-employment controlled substances
testing of drivers on a voluntary basis. However, they also conduct
urine testing for drugs because it is the only screening method
accepted under the Department's regulations. The Applicant's view their
use of multiple screening methods as an unnecessary and redundant
financial burden. Also, the Applicants consider urine testing to be
less effective in pre-employment screening for drugs than hair
analysis.
    A copy of the exemption application and all supporting documents
submitted by the Applicant is available for review in the docket
referenced at the beginning of this notice.
Request for Comments
    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA
requests public comment on the application for an exemption from 49 CFR
382.105 and 382.301.
    The Agency will consider all comments received by close of business
on February 21, 2017. Comments will be available for examination in the
docket at the location listed under the ADDRESSES section of this
notice. The Agency will consider to the extent practicable comments
received in the public docket after the closing date of the comment
period.

    Issued on: January 13, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-01278 Filed 1-18-17; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: September 28, 2010 (Volume 75, Number 187)]
[Notices]
[Page 59772-59773]
[DOCID:fr28se10-120]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62971; File No. SR-NYSEAmex-2010-95]

Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Clarify the
Requirement for Floor Official Approval for Certain Halts of Nasdaq
Securities Traded via UTP

September 22, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 16, 2010, NYSE Amex LLC (the ``Exchange'' or ``NYSE
Amex'') 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 Exchange. 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\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 515--NYSE Amex Equities. The
text of the proposed rule change is available at the Exchange's
principal office, the Commission's Public Reference Room, the
Commission's Web site (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 purpose of the proposed rule change is to amend Rule 515--NYSE
Amex Equities.
a. Background
    On July 9, 2010, the Exchange received approval from the Commission
to begin trading, as a pilot program, securities listed on the Nasdaq
Stock Market pursuant to unlisted trading privileges (``Nasdaq
Securities''). The Nasdaq Securities program commenced on July 13,
2010.\3\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 62479 (July 9,
2010), 75 FR 41264 (July 15, 2010) (order approving SR-NYSEAmex-
2010-31 and the adoption of the NYSE Amex Equities Rule 500 Series).
The pilot program is scheduled to run until September 30, 2010, the
expiration date of the New York Stock Exchange LLC's (``NYSE'') and
the Exchange's New Market Model (``NMM'') pilot program, on which
the Nasdaq Securities program relies. See Securities Exchange Act
Release Nos. 61274 (March 17, 2010), 75 FR 14221 (March 24,
2010)(SR-NYSE-2010-25) and 61275 (March 17, 2010), 75 FR 14223
(March 24, 2010)(SR-NYSEAmex-2010-28) (extending operation of the
NMM pilot program on NYSE and NYSE Amex until the earlier of the
Commission's approval to make the program permanent or September 30,
2010). For more information on the NMM pilot program, see Securities
Exchange Act Release No.58845 (October 24, 2008), 73 FR 64379
(October 29, 2008)(SR-NYSE-2008-46).
---------------------------------------------------------------------------

b. Proposed Amendments to Rule 515--NYSE Amex Equities
    The Exchange proposes to amend Rule 515--NYSE Amex Equities dealing
with trading halts. In its filing adopting the Nasdaq Securities
program, the Exchange included a provision in Rule 515(a)(1)--NYSE Amex
Equities that DMM Units did not need to obtain Floor Official approval
in order to halt trading in a Nasdaq Security pursuant to Rule 123D--
NYSE Amex Equities. Upon further review of the operation of this
provision and the Nasdaq Securities program, the Exchange believes it
should revise this provision to clarify that the DMM does not need to
obtain Floor Official approval if a Nasdaq Security is halted,
suspended, or paused pursuant to section (a)(2)-(4) of the Rule.
Accordingly, if a Nasdaq Security is halted, suspended or paused from
trading by the UTP Listing Market for regulatory purposes in accordance
with its rules and/or the UTP Plan, or if the authority to trade the
Nasdaq Security on the Exchange is revoked, Floor Official approval to
halt trading on the Exchange is not required. However, if the Exchange
halts trading of a Nasdaq Security pursuant to Rule 123D--NYSE Amex
Equities for non-regulatory purposes, such as an imbalance halt or an
equipment changeover halt, the DMM must obtain prior Floor Official
approval as provided for in that rule. The proposed provision would be
consistent with the manner by which Rule 123D--NYSE Amex Equities
operates for listed securities when a non-regulatory halt is invoked on
the Exchange.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\4\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\5\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
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.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change supports the
objectives of the Act by harmonizing the procedures for implementing
non-regulatory trading halts under Rule 123D--NYSE Amex Equities for
both its listed securities and Nasdaq Securities.

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

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

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \6\ and Rule 19b-4(f)(6) thereunder.\7\
Because the

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

    \6\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \7\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization 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.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay so that the proposal may become operative immediately
upon filing. The Commission believes that waiving the 30-day operative
delay is consistent with the protection of investors and the public
interest, because such waiver will promote consistency between the
rules governing the trading of Nasdaq Securities and listed securities
on the Exchange. Accordingly, the Commission waives the 30-day
operative delay requirement and designates the proposed rule change as
operative upon filing with the Commission.
    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEAmex-2010-95 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-NYSEAmex-2010-95. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, on
official business days between the hours of 10 a.m. and 3 p.m. Copies
of the filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEAmex-2010-95 and should be submitted on or before
October 19, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-24261 Filed 9-27-10; 8:45 am]
BILLING CODE 8010-01-P