[Federal Register: February 7, 2007 (Volume 72, Number 25)]
[Notices]
[Page 5706-5709]
[DOCID:fr07fe07-85]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0936; FRL-8111-8]

Notice of Filing of Pesticide Petitions for Residues of Pesticide
Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the initial filing of pesticide
petitions proposing the establishment or amendment of regulations for
residues of pesticide chemicals in or on various commodities.

DATES: Comments must be received on or before March 9, 2007.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and pesticide petition number (PP), by one of the following
methods:
     Federal eRulemaking Portal:  http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.

     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to the assigned docket ID number
for the pesticide petition of interest. EPA's policy is that all
comments received will be included in the docket without change and may
be made available on-line at http://www.regulations.gov, including any

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

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

hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: The person listed at the end of the
pesticide petition summary of interest.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed at the end of the pesticide petition
summary of interest.

B. What Should I Consider as I Prepare My Comments for EPA?

     1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
     2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Docket ID Numbers

    When submitting comments, please use the docket ID number assigned
to the pesticide petition of interest.

------------------------------------------------------------------------
                 PP Number                        Docket ID Number
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PP 1F6263                                   EPA-HQ-OPP-2006-0203
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PP 5F4505                                   EPA-HQ-OPP-2006-0203
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PP 5F6918                                   EPA-HQ-OPP-2006-0203
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PP 6F4791                                   EPA-HQ-OPP-2006-0203
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PP 6F7025                                   EPA-HQ-OPP-2006-0323
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PP 6F7059                                   EPA-HQ-OPP-2006-1026
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PP 6E7140                                   EPA-HQ-OPP-2007-0004
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III. What Action is the Agency Taking?

    EPA is printing a summary of each pesticide petition received under
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a, proposing the establishment or amendment of regulations in
40 CFR

part 180 for residues of pesticide chemicals in or on various food
commodities. EPA has determined that these pesticide petitions contain
data or information regarding the elements set forth in FFDCA section
408(d)(2); however, EPA has not fully evaluated the sufficiency of the
submitted data at this time or whether the data support granting of
these pesticide petitions. Additional data may be needed before EPA
rules on these pesticide petitions.
    Pursuant to 40 CFR 180.7(f), a summary of the petitions included in
this notice, prepared by the petitioner along with a description of the
analytical method available for the detection and measurement of the
pesticide chemical residues is available on-line at http://www.regulations.gov
.

A. Amendment to Existing Tolerances

    1. PP 1F6263. (Docket ID number EPA-HQ-OPP-2006-00203). Acetochlor
Registration Partnership (ARP), c/o Monsanto Company, 1300 ``I'' St.,
NW., Suite 450 East, Washington, DC 20005, proposes to amend the
tolerances in 40 CFR 180.470(a) for residues of the herbicide
acetochlor (2-chloro-2'-methyl-6-ethyl-N-ethoxymethylacetanilide) and
its metabolites containing the ethyl methyl aniline (EMA) moiety and
the hydroxyethyl methyl-aniline (HEMA) moiety, and expressed as
acetochlor equivalents in or on the food commodities corn, pop, grain
at 0.05 parts per million (ppm) and corn, pop, stover at 1.5 ppm.
    In addition, ARP proposes to amend the tolerances in 40 CFR
180.470(d) for residues of the herbicide acetochlor (2-chloro-2'-
methyl-6-ethyl-N-ethoxymethylacetanilide) and its metabolites
containing the EMA moiety and the HEMA moiety, and expressed as
acetochlor equivalents in or on the food commodities beet, sugar, root
and tops/pea and bean (except soybean), dried and shelled (subgroup
6C)/potato/and sunflower, seed at 0.05 ppm; grain, cereal (except rice)
(group 15) at 0.05 ppm; grain, cereal (except rice), forage/fodder/
straw (group 16), forage at 0.5 ppm; grain, cereal (except rice),
forage/fodder/straw (group 16), hay at 2.0 ppm; grain, cereal (except
rice), forage/fodder/straw (group 16), stover at 0.1 ppm; grain, cereal
(except rice), forage/fodder/straw (group 16), straw at 0.3 ppm.
    Acetochlor and its metabolites are hydrolyzed to either EMA or
HEMA, which are determined by high performance liquid chromatography
(HPLC)/oxidative coulometric electrochemical detector (OCED) and
expressed as acetochlor equivalents. The limit of quantitation (LOQ)
for this method is 0.02 ppm for each analyte. Contact: Vickie Walters,
telephone number:<PHONE_NUMBER>, e-mail address:
<EMAIL_ADDRESS>
    2. PP 5F4505. (Docket ID number EPA-HQ-OPP-2006-0203). Acetochlor
Registration Partnership (ARP), c/o Monsanto Company, 1300 ``I'' St.,
NW., Suite 450 East, Washington, DC 20005, proposes to amend the
tolerance in 40 CFR 180.470(a) for residues of the herbicide acetochlor
(2-chloro-2'-methyl-6-ethyl-N-ethoxymethylacetanilide) and its
metabolites containing the EMA moiety and the HEMA moiety, and
expressed as acetochlor equivalents in or on the food commodity corn,
field, forage at 3.0 ppm. Acetochlor and its metabolites are hydrolyzed
to either EMA or HEMA, which are determined by HPLC/OCED and expressed
as acetochlor equivalents. The LOQ for this method is 0.02 ppm for each
analyte. Contact: Vickie Walters, telephone number:<PHONE_NUMBER>, e-
mail address<EMAIL_ADDRESS>    3. PP 5F6918. (Docket ID number EPA-HQ-OPP-2006-00203). Monsanto
Company, 1300 ``I'' St., NW., Suite 450 East, Washington, DC 20005,
proposes to amend the tolerances in 40 CFR 180.470(a) for residues of
the herbicide acetochlor (2-chloro-2'-methyl-6-ethyl-N-
ethoxymethylacetanilide) and its metabolites containing the EMA moiety
and the HEMA moiety, and expressed as acetochlor equivalents in or on
the food commodities sorghum, forage at 1.0 ppm; sorghum, grain at 0.05
ppm; and sorghum, grain, stover at 1.5 ppm. Acetochlor and its
metabolites are hydrolyzed to either EMA or HEMA, which are determined
by HPLC/OCED and expressed as acetochlor equivalents. The LOQ for this
method is 0.02 ppm for each analyte. Contact: Vickie Walters, telephone
number:<PHONE_NUMBER>, e-mail address<EMAIL_ADDRESS>    4. PP 6F4791. (Docket ID number EPA-HQ-OPP-2006-00203). Acetochlor
Registration Partnership (ARP), c/o Monsanto Company, 1300 ``I'' St.,
NW., Suite 450 East, Washington, DC 20005, proposes to amend the
tolerances in 40 CFR 180.470(a) for residues of the herbicide
acetochlor (2-chloro-2'-methyl-6-ethyl-N-ethoxymethylacetanilide) and
its metabolites containing the EMA moiety and the HEMA moiety, and
expressed as acetochlor equivalents in or on the food commodities corn,
sweet, fodder and forage at 1.5 ppm; and corn, sweet, kernels plus cob
with husks removed at 0.05 ppm.
    In addition, ARP proposes to amend the tolerances in 40 CFR
180.470(d) for residues of the herbicide acetochlor (2-chloro-2'-
methyl-6-ethyl-N-ethoxymethylacetanilide) and its metabolites
containing the EMA moiety and the HEMA moiety, and expressed as
acetochlor equivalents in or on the food commodities non-grass animal
feeds (group 18) forage at 1.3 ppm and non-grass animal feeds (group
18), hay at 3.5 ppm.
    Acetochlor and its metabolites are hydrolyzed to either EMA or
HEMA, which are determined by HPLC/OCED and expressed as acetochlor
equivalents. The LOQ for this method is 0.02 ppm for each analyte.
Contact: Vickie Walters, telephone number:<PHONE_NUMBER>, e-mail
address<EMAIL_ADDRESS>    5. PP 6F7025. (Docket ID number EPA-HQ-OPP-2006-00323). Dow
AgroSciences LLC, 9330 Zionsville Rd., Indianapolis, IN 46268, proposes
to amend the tolerances in 40 CFR 180.364(a) by adding glyphosate
dimethylammonium salt or dimethalamine (DMA) salt of glyphosate (n-
phosphonomethyl)glycine resulting from the application of glyphosate
and the isopropylamine salt of glyphosate, ethanolamine salt of
glyphosate, and the ammonium potassium salt of glyphosate. Adequate
enforcement methods include gas liquid chromatography (GLC), HPLC, and
gas chromatography/mass spectrometry (GS/MS). The limit of detection is
0.05 ppm. Contact: Vickie Walters, telephone number:<PHONE_NUMBER>, e-
mail address<EMAIL_ADDRESS>
B. New Tolerances

    1. PP 6F7059. (Docket ID number EPA-HQ-OPP-2006-1026). Bayer
CropScience LLC, 2 T.W. Alexander Dr., Research Triangle Park, NC
27709, proposes to establish a tolerance for residues of the herbicide
pyrasulfotole (AE 0317309) (5-hydroxy-1,3-dimethyl-1H-pyrazol-4-yl)[2-
(methylsulfonyl)-4-(trifluoromethyl)phenyl] methanone and its
metabolite (5-hydroxy-3-methyl-1H-pyrazol-4-yl)[2-(methylsulfonyl)-4-
(trifluoromethyl)phenyl] methanone in or on food commodities barley/
oat/rye/triticale/wheat, grain at 0.07 ppm; barley/oat/rye/wheat, straw
and oat/rye/wheat, forage at 0.25 ppm; barley/oat/wheat, hay at 0.8
ppm; wheat, aspirated grain fractions at 1.4 ppm; and pyrasulfotole (AE
0317309) in or on cattle/goat/hog/horse/sheep, meat and fat at 0.01
ppm; cattle/goat/hog/horse/sheep, meat byproducts at 0.3 ppm; and milk
at 0.005 ppm. The analytical method is a liquid chromatography/mass
spectrometry/mass spectrometry (LC/MS/MS) method which quantifies AE
0317309 and its metabolite with a

LOQ of 0.01 milligram/kilogram (mg/kg). Contact: Tracy White, telephone
number:<PHONE_NUMBER>, e-mail address<EMAIL_ADDRESS>    2. PP 6E7140. (Docket ID number EPA-HQ-OPP-2007-0004).
Interregional Research Project Number 4 (IR7ndash;4), 500 College Rd.
East, Suite 201 W, Princeton, NJ 05840, proposes to establish
tolerances for residues of the insecticide deltamethrin ((1R,3R)-3-
(2,2-dibromovinyl)-2,2-dimethylcyclopropanecarboxylic acid (S)-alpha-
cyano-3-phenoxybenzyl ester) and its major metabolites, trans
deltamethrin ((S)-alpha-cyano-m-phenoxybenzyl-(1R,3R)-3-(2,2-
dibromovinyl)-2,2-dimethylcyclopropanecarboxylate) and alpha-R-
deltamethrin ((R)-alpha-cyano-m-phenoxybenzyl-(1R,3R)-3-(2,2-
dibromovinyl)-2,2- dimethylcyclopropanecarboxylate) in or on food
commodities flax, seed at 0.1 ppm; and flax, meal at 0.3 ppm. The
independently validated analytical methods are based on GLC equipped
with an electron capture detector (ECD) and a DB-1 (or equivalent)
capillary column, and are used for the determination of cis-
deltamethrin, trans-deltamethrin, and alpha-R-deltamethrin in various
raw agricultural, animal derived, and processed commodities. Contact:
Shaja R. Brothers, telephone number:<PHONE_NUMBER>, e-mail address:
<EMAIL_ADDRESS>

List of Subjects

    Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.

    Dated: January 29, 2007.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. E7-2002 Filed 2-6-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 77, Number 158 (Wednesday, August 15, 2012)]
[Notices]
[Pages 49046-49048]
[FR Doc No: 2012-19978]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67627; File No. SR-ISE-2012-70]

 Self-Regulatory Organizations; International Securities
Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Amend the Schedule of Fees

August 9, 2012.
    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 August 1, 2012, the International Securities Exchange, LLC (the
``ISE'' or the ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The ISE is proposing to amend its Schedule of Fees. The text of the
proposed rule change is available on the Exchange's Web site (http://www.ise.com), at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
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
    The Exchange currently assesses per contract transaction fees and
provides rebates to market participants that add or remove liquidity
from the Exchange (``maker/taker fees and rebates'') in 101 options
classes (the ``Select Symbols'').\3\ The Exchange also currently
assesses maker/taker fees and rebates for certain regular orders in 25
option classes (``Special Non-Select Penny Pilot Symbols'').\4\ The
purpose of this proposed rule change is to amend the list of Select
Symbols and Special Non-Select Penny Pilot Symbols in order to attract
additional order flow to the Exchange. Specifically, the Exchange
proposes to remove the following eight (8) symbols from the list of
Select Symbols and add them to the list of Special Non-Select Penny
Pilot Symbols: Amazon.com, Inc. (``AMZN''), ConocoPhillips (``COP''),
ProShares QQQ Trust Series 1 (``QQQ''), Sprint Corporation (``S''),
ProShares UltraShort S&P 500 (``SDS''), Sirius XM Radio, Inc.
(``SIRI''), ProShares Ultra S&P 500

(``SSO'') and Direxion Small Cap Bear 3X (``TZA'') (``Proposed Deleted
Select Symbols'').
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    \3\ Options classes subject to maker/taker fees and rebates are
identified by their ticker symbol on the Exchange's Schedule of
Fees.
    \4\ The Special Non-Select Penny Pilot Symbols are identified by
their ticker symbol on the Exchange's Schedule of Fees.
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    Additionally, the Exchange proposes to add the following 32 symbols
to the list of Special Non-Select Penny Pilot Symbols: Arch Coal, Inc.
(``ACI''), American Capital Agency Corporation (``AGNC''), Amylin
Pharmaceuticals, Inc. (``AMLN''), Alpha Natural Resources, Inc.
(``ANR''), Apache Corporation (``APA''), Arena Pharmaceuticals, Inc.
(``ARNA''), ATP Oil & Gas Corporation (``ATPG''), Yamana Gold, Inc.
(``AUY''), Baxter International, Inc. (``BAX''), Delta Airlines, Inc.
(``DAL''), E.I. du Pont de Nemours and Company (``DD''), The Walt
Disney Company (``DIS''), Dow Chemical Company, Inc. (``DOW''), Human
Genome Sciences, Inc. (``HGSI''), JC Penney Co., Inc. (``JCP''), Joy
Global, Inc. (``JOY''), KB Home (``KBH''), Kinross Gold Corporation
(``KGC''), Mastercard, Inc. (``MA''), MBIA, Inc. (``MBI''), Medtronic,
Inc. (``MDT''), Nike, Inc. (``NKE''), Pepsico, Inc. (``PEP''),
SandRidge Energy, Inc. (``SD''), Union Pacific Corporation (``UNP''),
United Technologies Corporation (``UTX''), Valero Energy Corporation
(``VLO''), Walgreen Co. (``WAG''), Western Digital Corporation
(``WDC''), Walter Energy, Inc. (``WLT''), Utilities Select Sector SPDR
Fund (``XLU'') and Zynga, Inc. (``ZNGA'') (``Additional Special Non-
Select Symbols'').
    With this proposed rule change, the 40 symbols noted above, i.e.,
the Proposed Deleted Select Symbols and the Additional Special Non-
Select Symbols, together with the 25 symbols that are already
designated as Special Non-Select Penny Pilot Symbols, will now be
subject to the fees for Special Non-Select Penny Pilot Fees listed in
Section I of the Schedule of Fees.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Schedule of
Fees is consistent with Section 6(b) of the Act \5\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \6\ in
particular, in that it is an equitable allocation of reasonable fees
and other charges among Exchange members and other persons using its
facilities.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that it is reasonable to remove the Proposed
Deleted Select Symbols from its list of Select Symbols and add them to
the list of Special Non-Select Penny Pilot Symbols. The Exchange also
believes it is reasonable to add the Additional Special Non-Select
Symbols to the current list of Special Non-Select Penny Pilot Symbols.
The Exchange believes that applying the fees applicable to Special Non-
Select Penny Pilot Symbols to the Proposed Deleted Select Symbols and
to the Additional Special Non-Select Symbols will attract additional
order flow to the Exchange.
    The Exchange believes that it is equitable and not unfairly
discriminatory to amend its list of Select Symbols to remove the
Proposed Deleted Symbols and to amend its list of Special Non-Select
Penny Pilot Symbols to add the Additional Special Non-Select Symbols
because the list of Select Symbols and Special Non-Select Penny Pilot
Symbols would apply uniformly to all categories of participants in the
same manner. All market participants who trade the Select Symbols and
the Special Non-Select Penny Pilot Symbols would be uniformly subject
to the fees and rebates applicable to those symbols.

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

    The proposed rule change does not 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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\7\ At any time within 60 days of the filing
of such proposed rule change, the Commission summarily may temporarily
suspend such rule change if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act. If the Commission takes such action, the Commission shall
institute proceedings to determine whether the proposed rule should be
approved or disapproved.
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    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2012-70 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-ISE-2012-70. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of 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-ISE-2012-70 and should be
submitted on or before September 5, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-19978 Filed 8-14-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 29 (Friday, February 12, 2016)]
[Notices]
[Pages 7544-7546]
[FR Doc No: 2016-02888]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0115]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Manufactured Food Regulatory Program Standards

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing an

opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on ``Manufactured Food Regulatory
Program Standard.''

DATES: Submit either electronic or written comments on the collection
of information by April 12, 2016.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2013-N-0115 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Manufactured Food Regulatory
Program Standards.'' Received comments will be placed in the docket
and, except for those submitted as ``Confidential Submissions,''
publicly viewable at http://www.regulations.gov or at the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION''. The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on http://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Manufactured Food Regulatory Program Standards--OMB Control Number
0910-0601--Extension

    In the Federal Register of July 20, 2006 (71 FR 41221), FDA
announced the availability of a draft document entitled ``Manufactured
Food Regulatory Program Standards (MFRPS).'' These program standards
are the framework that States should use to design and manage their
manufactured food programs. There are 42 State programs enrolled, which
may receive up to $300,000 each year for a period of 5 years provided
there is significant conformance with the 10 standards.
    In the first year of implementing the program standards, the State
program conducts a baseline self-assessment to determine if it meets
the elements of each standard. The State program should use the
worksheets and forms contained in the draft program standards; however,
it can use alternate

forms that are equivalent. The State program maintains the documents
and verifies records required for each standard. The information
contained in the documents must be current and fit-for-use. If the
State program fails to meet all program elements and documentation
requirements of a standard, it develops a strategic plan which includes
the following: (1) The individual element of documentation requirement
of the standard that was not met, (2) improvements needed to meet the
program element or documentation requirement of the standard, and (3)
projected completion dates for each task.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                             Respondent                                 Number of      responses  per    Total annual   Average  burden    Total hours
                                                                       respondents       respondent       responses      per  response
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Departments of Agriculture or Health.........................              42                1               42              750           31,500
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    The burden has been calculated as 750 hours per respondent. This
burden was determined by capturing the average amount of time for each
respondent to assess the current state of the program and work toward
implementation of each of the 10 standards contained in MFRPS. The
hours per respondent will change as accounted for in the continuing
improvement and self-sufficiency of the program.

    Dated: February 8, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-02888 Filed 2-11-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 86, Number 204 (Tuesday, October 26, 2021)]
[Notices]
[Pages 59267-59270]
[FR Doc No: 2021-23294]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1998-4334; FMCSA-2000-7165; FMCSA-2001-9561; FMCSA-
2003-14504; FMCSA-2003-15892; FMCSA-2004-18885; FMCSA-2005-20027;
FMCSA-2005-20560; FMCSA-2005-21254; FMCSA-2005-21711; FMCSA-2006-24783;
FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2007-27333; FMCSA-2007-27515;
FMCSA-2007-27897; FMCSA-2007-28695; FMCSA-2008-0021; FMCSA-2008-0398;
FMCSA-2009-0086; FMCSA-2009-0121; FMCSA-2010-0082; FMCSA-2010-0161;
FMCSA-2010-0187; FMCSA-2010-0201; FMCSA-2010-0327; FMCSA-2010-0372;
FMCSA-2010-0385; FMCSA-2011-0010; FMCSA-2011-0057; FMCSA-2011-0092;
FMCSA-2011-0102; FMCSA-2011-0141; FMCSA-2011-0142; FMCSA-2011-0189;
FMCSA-2012-0040; FMCSA-2012-0279; FMCSA-2012-0280; FMCSA-2013-0021;
FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-2013-0029; FMCSA-2013-0030;
FMCSA-2013-0165; FMCSA-2014-0010; FMCSA-2014-0300; FMCSA-2014-0304;
FMCSA-2014-0305; FMCSA-2015-0048; FMCSA-2015-0049; FMCSA-2015-0052;
FMCSA-2015-0053; FMCSA-2015-0350; FMCSA-2016-0028; FMCSA-2016-0033;
FMCSA-2016-0210; FMCSA-2016-0213; FMCSA-2016-0214; FMCSA-2017-0016;
FMCSA-2017-0018; FMCSA-2017-0019; FMCSA-2017-0022; FMCSA-2017-0023;
FMCSA-2019-0006; FMCSA-2019-0008; FMCSA-2019-0011; FMCSA-2019-0013]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to renew exemptions for 102
individuals from the vision requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these individuals to continue to
operate CMVs in interstate commerce without meeting the vision
requirement in one eye.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates provided
below.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
DOT, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-
0001. Office hours are from 8:30 a.m. to 5 p.m., ET, Monday through
Friday, except Federal holidays. If you have questions regarding
viewing or submitting material to the docket, contact Dockets
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number, FMCSA-1998-4334, FMCSA-2000-7165, FMCSA-2001-9561, FMCSA-2003-
14504, FMCSA-2003-15892, FMCSA-2004-18885, FMCSA-2005-20027, FMCSA-
2005-20560, FMCSA-2005-21254, FMCSA-2005-21711, FMCSA-2006-24783,
FMCSA-2006-25246, FMCSA-2006-26066, FMCSA-2007-27333, FMCSA-2007-27515,
FMCSA-2007-27897, FMCSA-2007-28695, FMCSA-2008-0021, FMCSA-2008-0398,
FMCSA-2009-0086, FMCSA-2009-0121, FMCSA-2010-0082, FMCSA-2010-0161,
FMCSA-2010-0187, FMCSA-2010-0201, FMCSA-2010-0327, FMCSA-2010-0372,
FMCSA-2010-0385, FMCSA-2011-0010, FMCSA-2011-0057, FMCSA-2011-0092,
FMCSA-2011-0102, FMCSA-2011-0141, FMCSA-2011-0142, FMCSA-2011-0189,
FMCSA-2012-0040, FMCSA-2012-0279, FMCSA-2012-0280, FMCSA-2013-0021,
FMCSA-2013-0025, FMCSA-2013-0027, FMCSA-2013-0029, FMCSA-2013-0030,
FMCSA-2013-0165, FMCSA-2014-0010, FMCSA-2014-0300, FMCSA-2014-0304,
FMCSA-2014-0305, FMCSA-2015-0048, FMCSA-2015-0049, FMCSA-2015-0052,
FMCSA-2015-0053, FMCSA-2015-0350, FMCSA-2016-0028, FMCSA-2016-0033,
FMCSA-2016-0210, FMCSA-2016-0213, FMCSA-2016-0214, FMCSA-2017-0016,
FMCSA-2017-

0018, FMCSA-2017-0019, FMCSA-2017-0022, FMCSA-2017-0023, FMCSA-2019-
0006, FMCSA-2019-0008, FMCSA-2019-0011, or FMCSA-2019-0013 in the
keyword box, and click ``Search.'' Next, sort the results by ``Posted
(Newer-Older),'' choose the first notice listed, and click ``Browse
Comments.'' If you do not have access to the internet, you may view the
docket online by visiting Dockets Operations in Room W12-140 on the
ground floor of the DOT West Building, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., ET, Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting
Dockets Operations.

B. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory 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.transportation.gov/privacy.

II. Background

    On August 26, 2021, FMCSA published a notice announcing its
decision to renew exemptions for 102 individuals from the vision
requirement in 49 CFR 391.41(b)(10) to operate a CMV in interstate
commerce and requested comments from the public (86 FR 47710). The
public comment period ended on September 27, 2021, and no comments were
received.
    FMCSA has evaluated the eligibility of these applicants and
determined that renewing these exemptions would achieve a level of
safety equivalent to, or greater than, the level that would be achieved
by complying with the current regulation Sec.  391.41(b)(10).
    The physical qualification standard for drivers regarding vision
found in Sec.  391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of a least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing red,
green, and amber.

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Conclusion

    Based on its evaluation of the 102 renewal exemption applications
and comments received, FMCSA confirms its decision to exempt the
following drivers from the vision requirement in Sec.  391.41(b)(10).
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
groups of drivers received renewed exemptions in the month of October
and are discussed below.
    As of October 3, 2021, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following 85 individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (63 FR 66226, 64 FR 16517, 65 FR
33406, 65 FR 57234, 66 FR 17994, 66 FR 30502, 66 FR 41654, 67 FR 57266,
68 FR 19598, 68 FR 33570, 68 FR 35772, 68 FR 44837, 69 FR 52741, 69 FR
53493, 69 FR 62742, 70 FR 2701, 70 FR 16887, 70 FR 17504, 70 FR 25878,
70 FR 30997, 70 FR 33937, 70 FR 41811, 71 FR 32183, 71 FR 41310, 71 FR
53489, 71 FR 62148, 71 FR 63379, 72 FR 180, 72 FR 1051, 72 FR 9397, 72
FR 11425, 72 FR 12666, 72 FR 21313, 72 FR 25831, 72 FR 28093, 72 FR
32703, 72 FR 32705, 72 FR 39879, 72 FR 40362, 72 FR 46261, 72 FR 52419,
72 FR 54972, 73 FR 15567, 73 FR 27015, 73 FR 36955, 73 FR 51336, 73 FR
61925, 73 FR 78423, 74 FR 7097, 74 FR 8302, 74 FR 8842, 74 FR 15584, 74
FR 15586, 74 FR 19267, 74 FR 20253, 74 FR 26461, 74 FR 26464, 74 FR
28094, 74 FR 34395, 74 FR 34630, 74 FR 41971, 74 FR 43221, 74 FR 43223,
75 FR 19674, 75 FR 25919, 75 FR 36779, 75 FR 39725, 75 FR 39729, 75 FR
47883, 75 FR 52062, 75 FR 54958, 75 FR 59327, 75 FR 61833, 75 FR 63257,
75 FR 65057, 75 FR 70078, 75 FR 77492, 75 FR 79081, 75 FR 79083, 76 FR
5425, 76 FR 7894, 76 FR 9856, 76 FR 11215, 76 FR 12216, 76 FR 15361, 76
FR 18824, 76 FR 20076, 76 FR 20078, 76 FR 21796, 76 FR 25766, 76 FR
29022, 76 FR 29024, 76 FR 29026, 76 FR 34135, 76 FR 37168, 76 FR 37173,
76 FR 37885, 76 FR 40445, 76 FR 44082, 76 FR 44652, 76 FR 44653, 76 FR
49528, 76 FR 53708, 76 FR 53710, 76 FR 54530, 76 FR 55469, 76 FR 61143,
77 FR 23797, 77 FR 23799, 77 FR 33558, 77 FR 40945, 77 FR 40946, 77 FR
52389, 77 FR 56262, 77 FR 60008, 77 FR 60010, 77 FR 64583, 77 FR 64839,
77 FR 68200, 77 FR 71671, 77 FR 74734, 77 FR 75494, 77 FR 75496, 78 FR
800, 78 FR 10251, 78 FR 12822, 78 FR 14410, 78 FR 16761, 78 FR 16762,
78 FR 18667, 78 FR 20376, 78 FR 20379, 78 FR 24798, 78 FR 30954, 78 FR
34140, 78 FR 34141, 78 FR 34143, 78 FR 37270, 78 FR 41975, 78 FR 46407,
78 FR 47818, 78 FR 51268, 78 FR 51269, 78 FR 52602, 78 FR 56986, 78 FR
56993, 78 FR 57679, 78 FR 63307, 78 FR 77782, 78 FR 78477, 79 FR 4531,
79 FR 14328, 79 FR 23797, 79 FR 24298, 79 FR 27365, 79 FR 46300, 79 FR
51643, 79 FR 56117, 79 FR 64001, 79 FR 65760, 79 FR 73393, 79 FR 73686,
79 FR 74169, 80 FR 603, 80 FR 2473, 80 FR 12254, 80 FR 12547, 80 FR
14223, 80 FR 15859, 80 FR 15863, 80 FR 16500, 80 FR 18693, 80 FR 20558,
80 FR 22773, 80 FR 25766, 80 FR 26139, 80 FR 29149, 80 FR 31636, 80 FR
31640, 80 FR 33009, 80 FR 33011, 80 FR 35699, 80 FR 36395, 80 FR 36398,
80 FR 37718, 80 FR 40122, 80 FR 41547, 80 FR 45573, 80 FR 48402, 80 FR
48404, 80 FR 48409, 80 FR 48411, 80 FR 48413, 80 FR 50917, 80 FR 53383,
80 FR 59225, 80 FR 62163, 80 FR 63869, 81 FR 14190, 81 FR 15401, 81 FR
20435, 81 FR 39100, 81 FR 39320, 81 FR 59266, 81 FR 66720, 81 FR 71173,
81 FR 72664, 81 FR 74494, 81 FR 80161, 81 FR 81230, 81 FR 91239, 81 FR
94013, 81 FR 96165, 81 FR 96180, 82 FR 12678, 82 FR 13043, 82 FR 13048,
82 FR 13187, 82 FR 15277, 82 FR 18818, 82 FR 18949, 82 FR 18954, 82 FR
22379, 82 FR 23712, 82 FR 24430, 82 FR 28734, 82 FR 32919, 82 FR 33542,
82 FR 35043, 82 FR 35050, 82 FR 37499, 82 FR 37504, 82 FR 47295, 82 FR
47309, 82 FR 47312, 83 FR 4537, 83 FR 15195, 83 FR 24146, 83 FR 28325,
83 FR 34661, 83 FR 40638, 83 FR 53724, 84 FR 2311, 84 FR 2314, 84 FR
2326, 84 FR 11859, 84 FR 12665, 84 FR 16320, 84 FR 16333, 84 FR 21397,
84 FR 21401, 84 FR 27685, 84 FR 27688, 84 FR 33801, 84 FR 47038, 84 FR
47045, 84 FR 47052, 84 FR 47057, 84 FR 52166):

Charles L. Alsager, Jr. (IA)
Thomas A. Barber (NC)
Ronald J. Bergman (OH)
Jan M. Bernath (OH)
Johnny A. Beutler (SD)
John A. Bridges (GA)
John P. Brooks (IL)
Shaun E. Burnett (IA)
Juan R. Cano (TX)
Jonathan E. Carriaga (NM)
Anthony J. Cesternino (VA)
David E. Crane (OH)
Christopher A. Deadman (MI)
Kenneth Dionisi (MI)
Russell R. Dixon (VA)
Arthur Dolengewicz (NY)
Tracy A. Doty (TN)
Glenn E. Dowell (IN)
Verlin L. Driskell (NE)
Robin C. Duckett (SC)
Edward Dugue III (NC)
Dominick P. Fittipaldi (PA)
Joe M. Flores (NM)
Ricky J. Franklin (OR)
Hugo A. Galvis Barrera (GA)
Steven G. Garrett (CA)

Steven A. Garrity (MA)
Ricky L. Gillum (KY)
Bret S. Graham (ME)
Mark A. Grenier (CT)
Kevin S. Haas (PA)
David A. Hayes (GA)
Melvin L. Hipsley (MD)
Steven C. Holland (OK)
Wade J. Jandreau (ME)
Joseph E. Jones (GA)
Clyde H. Kitzan (ND)
Gerald D. Larson (WI)
Jason C. Laub (OH)
Edward J. Lavin (CT)
Gregory K. Lilly (WV)
Pedro G. Limon (TX)
Craig R. Martin (TX)
Michael L. Martin (OH)
David McKinney (OR)
Brian S. Metheny (PA)
David A. Miller (NE)
James J. Mitchell (NC)
Johnny Montemayor (TX)
Earl R. Neugerbauer (CO)
Thomas G. Normington (WY)
Frank L. O'Rourke (NY)
Joseph B. Peacock (NC)
Kenneth D. Perkins (NC)
Mark A. Pirl (NC)
Reginald I. Powell (IL)
John J. Pribanic (TX)
Shannon L. Puckett (KY)
William A. Ramirez Vasquez (CA)
John C. Rodriguez (PA)
Vincent Rubino (NJ)
Benito Saldana (TX)
Daniel Salinas (OR)
Bobby W. Sanders (TN)
Scott W. Schilling (ND)
Tim M. Seavy (IN)
John M. Sexton (CA)
Randal J. Shabloski (PA)
Phillip Shelburne (TX)
Rick J. Smart (NH)
David C. Snellings (MD)
Scott C. Starr (NJ)
Artis Suitt (NC)
Rodney W. Sukalski (MN)
Lee F. Taylor (NJ)
Thomas L. Terrell (IA)
Bill J. Thierolf (NE)
Larry A. Tidwell (MO)
Malcolm J. Tilghman, Sr. (DE)
Larry D. Warneke (WA)
Harry S. Warren (FL)
Ricky L. Watts (FL)
Paul C. Weiss (PA)
Mark B. Wilmer (VA)
Norman G. Wooten (TX)

    The drivers were included in docket numbers FMCSA-1998-4334, FMCSA-
2000-7165, FMCSA-2001-9561, FMCSA-2003-14504, FMCSA-2004-18885, FMCSA-
2005-20027, FMCSA-2005-20560, FMCSA-2006-24783, FMCSA-2006-25246,
FMCSA-2006-26066, FMCSA-2007-27333, FMCSA-2007-27515, FMCSA-2007-27897,
FMCSA2007-28695, FMCSA-2008-0021, FMCSA-2008-0398, FMCSA-2009-0086,
FMCSA-2009-0121, FMCSA-2010-0082, FMCSA-2010-0161, FMCSA-2010-0187,
FMCSA-2010-0201, FMCSA-2010-0327, FMCSA-2010-0372, FMCSA-2010-0385,
FMCSA-2011-0010, FMCSA-2011-0057, FMCSA-2011-0092, FMCSA-2011-0102,
FMCSA-2011-0141, FMCSA-2011-0142, FMCSA-2012-0040, FMCSA-2012-0279,
FMCSA-2012-0280, FMCSA-2013-0021, FMCSA-2013-0025, FMCSA-2013-0027,
FMCSA-2013-0029, FMCSA-2013-0030, FMCSA-2013-0165, FMCSA-2014-0010,
FMCSA-2014-0300, FMCSA-2014-0304, FMCSA-2014-0305, FMCSA-2015-0048,
FMCSA-2015-0049, FMCSA-2015-0052, FMCSA-2015-0053, FMCSA-2015-0350,
FMCSA-2016-0028, FMCSA-2016-0033, FMCSA-2016-0210, FMCSA-2016-0213,
FMCSA-2016-0214, FMCSA-2017-0016, FMCSA-2017-0018, FMCSA-2017-0019,
FMCSA-2017-0022, FMCSA-2019-0006, FMCSA-2019-0008, and FMCSA-2019-0011.
Their exemptions were applicable as of October 3, 2021 and will expire
on October 3, 2023.
    As of October 4, 2021, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following three individuals have satisfied the
renewal conditions for obtaining an exemption from the vision
requirement in the FMCSRs for interstate CMV drivers (84 FR 46088, 84
FR 58437):

Calvin B. Jones (MD), Robert E. Nichols (NV), and Karol Stankiewicz
(IL)

    The drivers were included in docket number FMCSA-2019-0013. Their
exemptions were applicable as of October 4, 2021 and will expire on
October 4, 2023.
    As of October 19, 2021, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (82 FR 43647, 83 FR 2289, 84 FR
47052):

Charles C. Berns (IA)
Jeremiah E. Casey (MO)
Carlos Marquez (WI)
Daniel D. Woodworth (FL)

    The drivers were included in docket number FMCSA-2017-0023. Their
exemptions are applicable as of October 19, 2021 and will expire on
October 19, 2023.
    As of October 23, 2021, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (78 FR 47818, 78 FR 63307, 80 FR
59225, 82 FR 47312, 84 FR 47052):

Larry E. Blakely (GA)
Arlene S. Kent (NH)
Willie L. Murphy (IN)
Brian C. Tate (VA)

    The drivers were included in docket number FMCSA-2013-0165. Their
exemptions are applicable as of October 23, 2021 and will expire on
October 23, 2023.
    As of October 24, 2021, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (70 FR 30999, 70 FR 46567, 70 FR
48797, 70 FR 61493, 72 FR 40359, 72 FR 54971, 74 FR 34074, 74 FR 49069,
76 FR 62143, 78 FR 77782, 80 FR 59225, 82 FR 47312, 84 FR 47052):

Andrew B. Clayton (TN)
William P. Doolittle (MO)
Jonathan M. Gentry (TN)
Robert W. Healey, Jr. (NJ)

    The drivers were included in docket numbers FMCSA-2005-21254 and
FMCSA-2005-21711. Their exemptions are applicable as of October 24,
2021 and will expire on October 24, 2023.
    As of October 30, 2021, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), Michael E. Yount (ID) has satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (68 FR 52811, 68 FR 61860, 70 FR
61165, 74 FR 53581, 76 FR 64171, 78 FR 68137, 80 FR 59225, 82 FR 47312,
84 FR 47052).
    This driver was included in docket number FMCSA-2003-15892. The
exemption is applicable as of October 30, 2021 and will expire on
October 30, 2023.
    As of October 31, 2021, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), Gerald D. Stidham (CO) has satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (76 FR 55465, 76 FR 67246, 78 FR
77782, 80 FR 59225, 82 FR 47312, 84 FR 47052).
    This driver was included in docket number FMCSA-2011-0189. The
exemption is applicable as of October 31, 2021 and will expire on
October 31, 2023.
    In accordance with 49 U.S.C. 31315(b), each exemption will be valid
for 2 years from the effective date unless revoked earlier by FMCSA.
The

exemption will be revoked if the following occurs: (1) The person fails
to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b).

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-23294 Filed 10-25-21; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 83, Number 71 (Thursday, April 12, 2018)]
[Rules and Regulations]
[Page 15743]
[FR Doc No: 2018-07622]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0148]

Drawbridge Operation Regulation; Carquinez Strait, Between
Benicia and Martinez, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Union Pacific Railroad Drawbridge
across the Carquinez Strait, mile 7.0, between Benicia and Martinez,
CA. The deviation is necessary to allow the bridge owner to replace
drawspan operational components. This deviation allows the bridge to
remain in the closed-to-navigation position during the deviation
period.

DATES: This deviation is effective from 8 a.m. on April 26, 2018
through 6 p.m. on May 13, 2018.

ADDRESSES: The docket for this deviation, USCG-2018-0148, is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Carl T. Hausner, Chief, Bridge
Section, Eleventh Coast Guard District; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION: The Union Pacific Railroad Company has
requested a temporary change to the operation of the Union Pacific
Railroad Drawbridge over Carquinez Strait, mile 7.0, between Benicia
and Martinez, CA. The drawbridge navigation span provides a vertical
clearance of 70 feet above Mean High Water in the closed-to-navigation
position. The draw operates as required by 33 CFR 117.5. Navigation on
the waterway is commercial and recreational.
    The drawspan will be secured in the closed-to-navigation position
from 8 a.m. to 6 p.m., April 26 through April 29, 2018, and May 12
through May 13, 2018, to allow the bridge owner to replace the down
haul wire ropes of the drawspan. This temporary deviation has been
coordinated with the waterway users. No objections to the proposed
temporary deviation were raised.
    Vessels able to pass through the bridges in the closed position may
do so at any time. The drawspan will not be able to open for
emergencies and there is no alternative route for vessels to pass. The
Coast Guard will also inform the users of the waterway through our
Local and Broadcast Notices to Mariners of the change in the operating
schedule for the bridge so that vessel operators can arrange their
transits to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: April 9, 2018.
Carl T. Hausner,
District Bridge Chief, Eleventh Coast Guard District.
[FR Doc. 2018-07622 Filed 4-11-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: February 15, 2007 (Volume 72, Number 31)]
[Notices]
[Page 7431-7432]
[DOCID:fr15fe07-50]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP07-73-000]

Dominion Transmission, Inc.; Notice Of Application

February 8, 2007.
    Take notice that on January 29, 2007, Dominion Transmission, Inc.
(Dominion), 120 Tredegar Street, Richmond, VA, filed in Docket No.
CP07-73-000, an application pursuant to section 7(b) of the Natural Gas
Act (NGA), to abandon well JW-242 located in Dominion's Oakford Storage
Complex located in Westmoreland County, Pennsylvania, all as more fully
set forth in the application which is on file with the Commission and
open to public inspection. This filing may be also 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, call<PHONE_NUMBER> or TTY, (202)
208-1659.

    Pursuant to section 157.9 of the Commission's rules, 18 CFR Sec.
157.9, within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify Federal and State agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all Federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    Any questions regarding this application should be directed to
Matthew R. Bley, Manager, Gas Transmission Certificates, Dominion
Transmission, Inc., 120 Tredegar Street, Richmond, VA 23219, at (804)
819-2877, or by facsimile at<PHONE_NUMBER>.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site under the ``e-Filing''
link.
    Comment Date: March 1, 2007.

Magalie R. Salas,
Secretary.
[FR Doc. E7-2584 Filed 2-14-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: May 6, 2009 (Volume 74, Number 86)]
[Notices]
[Page 21031-21033]
[DOCID:fr06my09-145]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59839; File No. SR-BSECC-2009-02]

Self-Regulatory Organizations; Boston Stock Exchange Clearing
Corporation; Order Granting Approval of a Proposed Rule Change To Amend
the Articles of Organization and By-Laws of Boston Stock Exchange
Clearing Corporation

April 28, 2008.

I. Introduction

    On February 20, 2009, Boston Stock Exchange Clearing Corporation
(``BSECC'') filed with the Securities and Exchange Commission
(``Commission'') proposed rule change SR-BSECC-2009-02 pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'').\1\
Notice of the proposal was published in the Federal Register on March
20, 2009.\2\ No comment letters were received. For the reasons
discussed below, the Commission is granting approval of the proposed
rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ Securities Exchange Act Release No. 59571 (March 12, 2009),
74 FR 11983.
---------------------------------------------------------------------------

II. Description

    The proposed rule change amends BSECC's Articles of Organization
and By-Laws to increase BSECC's authorized shares and to reflect a
transfer in ownership of five percent of BSECC's shares. The proposed
rule change also amends BSECC's Articles of Organization and By-Laws to
change its name to the NASDAQ Clearing Corporation and to make other
miscellaneous changes.
    On August 29, 2008, The NASDAQ OMX Group, Inc. (``NASDAQ OMX'')
completed its acquisition of the Boston Stock Exchange, Incorporated
(recently renamed NASDAQ OMX BX, Inc.) and several of its wholly owned
subsidiaries, including BSECC. As a result, BSECC has become an
indirect wholly owned subsidiary of NASDAQ OMX. On January 5, 2009, OMX
AB, which is another indirect wholly owned subsidiary of NASDAQ OMX,
entered into agreements with Fortis Bank Global Clearing N.V.
(``Fortis'') and European Multilateral Clearing Facility N.V.
(``EMCF''), pursuant to which, among other things, OMX AB (i) has
acquired a 22% equity stake in EMCF and (ii) has agreed to acquire a 5%
equity stake in BSECC from NASDAQ OMX BX, Inc. and in turn to transfer
this stake to EMCF.
    The Articles of BSECC provide that:

    All of the authorized shares of Common Stock of [BSECC] shall be
issued and outstanding, and shall be held by Boston Stock Exchange,
Incorporated, a Delaware corporation. Boston Stock Exchange,
Incorporated may not transfer or assign any shares of stock of
BSECC, in whole or in part, to any entity, unless such transfer or
assignment shall be filed with and approved by the U.S. Securities
and Exchange Commission under Section 19 of the Securities Exchange
Act of 1934, as amended, and the rules promulgated thereunder.

    Accordingly, in order to complete the transfer of shares of BSECC
contemplated by the agreements, BSECC must amend its Articles to
specify an additional stockholder in BSECC and must obtain Commission
approval for

the transfer of stock. In addition, BSECC is proposing to amend its
Articles and its By-Laws to change its name to NASDAQ Clearing
Corporation and to adopt other miscellaneous changes.
    EMCF is a central counterparty clearinghouse for European equity
trading on exchanges and multilateral trading facilities, including
NASDAQ OMX Europe Ltd., Chi-X Europe Ltd., and BATS Trading Europe Ltd.
In addition, EMCF has agreed to provide central counterparty clearing
services to NASDAQ OMX exchanges in Stockholm, Helsinki, Copenhagen,
and Iceland. EMCF clears stocks traded on multiple European markets,
including stocks comprising the AEX, DAX, FTSE100, CAC40, and SMI20
indexes. Services offered by EMCF include novation, gross trade
netting, settlement, margining, and fails and buy-in management. EMCF
is headquartered in the Netherlands and is subject to voluntary
supervision by De Nederlandsche Bank and Autoriteit Financiele Markten.
In addition to OMX AB, EMCF's stockholders are Fortis Bank Nederland
(Holding) N.V. and Fortis Bank Global Clearing N.V. NASDAQ OMX and
EMCF's other stockholders will seek to further broaden EMCF's ownership
structure to include order flow providers and financial institutions.
It is expected that this will increase the commitment of banks and flow
providers towards EMCF, decrease EMCF's dependence on one shareholder,
and demonstrate to the market that EMCF is a solid company with firm
backing of shareholders with high standing and is a company that looks
after the interests of all its interested parties. Also, a key purpose
of the diversified shareholders' base is to facilitate the further
development of EMCF into becoming the leading central counterparty
services provider for European cash equities.
    Under the Share Transfer Agreement dated January 5, 2009, among
Fortis, OMX AB, and EMCF, OMX AB has agreed, subject to Commission
approval, to transfer a 5% stake in BSECC to EMCF. The transfer of
BSECC's shares is a portion of the consideration to be paid by OMX AB
for obtaining a 22% stake in EMCF. Accordingly, OMX AB must obtain the
shares from NASDAQ OMX BX, Inc. prior to transferring them to EMCF. OMX
AB has agreed to undertake to use reasonable endeavors to obtain
Commission approval for the transfer as soon as possible and in any
event by July 5, 2009.
    Currently, the authorized share capital of BSECC is 150 shares,
each with a par value of $100. Because 5% of the 150 BSECC shares is
7.5 shares, BSECC must increase its authorized share capital and pay a
2 for 1 stock dividend to NASDAQ OMX BX, Inc. so that NASDAQ OMX BX,
Inc. will own 300 shares of BSECC and be able to transfer 15 of them.
Accordingly, BSECC proposes to amend its Articles in order to increase
its authorized share capital to 300 shares. BSECC proposes to amend its
Articles to reflect either OMX AB or EMCF as one of its stockholders
and to reflect the name change of the Boston Stock Exchange to NASDAQ
OMX BX, Inc.
    The amended provisions would state:

    All of the authorized shares of Common Stock of [BSECC] shall be
issued and outstanding, and shall be held by NASDAQ OMX BX, Inc., a
Delaware corporation, and either OMX AB, a corporation organized
under the laws of Sweden, or European Multilateral Clearing
Facility, N.V., a public company with limited liability incorporated
under the laws of the Netherlands.

The language in the Articles providing that a stockholder may not
transfer or assign shares of stock of BSECC without approval of the
Commission would remain in place so that all of the stockholders of
BSECC would be bound by that restriction.
    The Share Transfer Agreement also provides that under certain
circumstances, EMCF may transfer the shares of BSECC back to OMX AB or
NASDAQ OMX BX, Inc., thereby unwinding this aspect of the transaction.
In order to avoid the need to seek approval for such an unwinding in
the future, BSECC requests that the Commission approve at this time
both the initial transfer and any future unwinding.
    Finally, at the time of the transfer EMCF and NASDAQ OMX BX, Inc.
will enter into a Shareholders Agreement to govern their relationship
with respect to BSECC. The key provisions of the Shareholders Agreement
are as follows. First, EMCF will grant BSECC a right of first refusal
to purchase all or any portion of its shares that EMCF may propose to
transfer. Second, if NASDAQ OMX BX, Inc. proposes to transfer any of
its shares of BSECC to any person, it must provide EMCF with the right
to substitute EMCF's shares in such transfer in proportion to EMCF's
percentage share of ownership in BSECC. Third, if NASDAQ OMX BX, Inc.
proposes to enter into a transaction under which it would no longer own
a majority of BSECC's outstanding shares or a sale of all or
substantially all of the assets of BSECC (``Sale Transaction''), EMCF
will in most circumstances take such actions as are necessary to
support the consummation of the Sale Transaction. Fourth, if BSECC
issues new securities it must first offer them to NASDAQ OMX BX, Inc.
and EMCF. Finally, the Shareholders Agreement provides for rights of
the stockholders to obtain information from BSECC about its financial
performance and operations.
    Because the share transfers described by the Shareholders Agreement
would require Commission approval under the Articles, the Agreement
also provides that ``[n]othing in the Agreement shall be construed to
authorize [BSECC] or any stockholder of [BSECC] to transfer any share
or other interests in [BSECC] unless such transfer is approved in
accordance with the restrictions contained in the [Articles] of [BSECC]
and such other restrictions as may be imposed by the * * * Commission
or other governmental authority having jurisdiction over [BSECC].''
    BSECC is also changing its name from Boston Stock Exchange Clearing
Corporation to NASDAQ Clearing Corporation. The change reflects BSECC's
changed status as a subsidiary of NASDAQ OMX. In addition, BSECC is
making the following miscellaneous changes to its Articles and By-Laws.
First, BSECC is restating its Articles to consolidate prior amendments
into a single document. Under Massachusetts law, the form for
restatement of the Articles necessitates nonsubstantive changes to
citations to Massachusetts statutes in the title of the Articles,
changes to prefatory language in Article IV of the Articles, and the
addition of nonsubstantive language regarding date of effectiveness as
a new Article VII. Second, BSECC is amending the Articles and By-Laws
to reflect the change in the name of Boston Stock Exchange,
Incorporated to NASDAQ OMX BX, Inc. Finally, BSECC is correcting
several typographical errors in Article X of the By-Laws.

 III. Discussion

    Section 17A(b)(3)(C) of the Act requires, among other things, that
a clearing agency's rules assure the fair representation of its
shareholders (or members) and participants in the selection of its
directors and administration of its affairs.\3\ The Commission
previously determined that Nasdaq OMX's acquisition of BSECC as an
indirect wholly-owned subsidiary would not affect BSECC's ability to
meet the requirements of Section 17A(b)(3)(C) because BSECC's By-Laws
relating to the selection, composition, powers, and duties of the BSECC
Board, committees, and officers of BSECC would remain essentially
unchanged after the

acquisition.\4\ Similarly, the proposal to transfer a 5% interest in
BSECC to EMCF does not require modification to BSECC's By-Laws, other
than to include EMCF as an authorized shareholder and to make other
minor changes discussed above, and should not alter the effectiveness
of the By-Laws to assure fair representation of BSECC's shareholders
and participants. Furthermore, we note that the proposed rule change
does not alter the provisions of NASDAQ OMX's Certificate and NASDAQ
OMX's By-Laws that are designed to maintain the independence of each of
its SRO subsidiaries' self-regulatory functions, enable each SRO
subsidiary to operate in a manner that complies with the federal
securities laws, and facilitate the ability of each SRO subsidiary and
the Commission to fulfill their regulatory and oversight obligations
under the Act. For these reasons, we find that the proposed rule change
is designed to allow BSECC to continue to meet the requirement under
Section 17A(b)(3)(C) that it assure the fair representation of its
shareholders and participants in the selection of its directors and
administration of its affairs.\5\ In addition, the amendments to the
BSECC's Articles and By-Laws to change the name of BSECC, consolidate
prior amendments, and correct certain errors are non-substantive
amendments which should not affect BSECC's obligations under Section
17A.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78q-1(b)(3)(C).
    \4\ Securities Exchange Act Release No. 58324 (August 7, 2008),
73 FR 46936 (August 12, 2008) (SR-BSE-2008-02; SR-BSE-2008-23; SR-
BSE-2008-25; SR-BSECC-2008-01).
    \5\ This order grants approval to the current transfer of
ownership from BSECC to EMCF only. It does not as requested by BSECC
in its filing approve potential unwinds of the transfer of ownership
that may occur in the future.
---------------------------------------------------------------------------

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 Section 17A of the Act and the rules and regulations
thereunder.\6\
---------------------------------------------------------------------------

    \6\ 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).
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule change (File No. SR-BSECC-2009-02) be and hereby
is approved.
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\7\
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-10464 Filed 5-5-09; 8:45 am]

BILLING CODE 8010-01-P


                                                                      6560-50-P
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2013-0602; FRL-9919-07-OAR]
RIN 2060-AR33
Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units

AGENCY: Environmental Protection Agency.
ACTION: Notice; additional information regarding the translation of emission rate-based CO2 goals to mass-based equivalents.
SUMMARY: The Environmental Protection Agency (EPA) is issuing this notice in support of the proposed rule, "Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units," published on June 18, 2014 and the supplemental proposal, "Carbon Pollution Emission Guidelines: Existing Stationary Sources in Indian Country and U.S. Territories; Multi-jurisdictional Partnerships," issued on October 28, 2014, to provide further discussion of potential approaches for translating the emission rate-based carbon dioxide (CO2) goals that the EPA has proposed for each affected jurisdiction to an equivalent mass-based metric.
DATES: Comments on the proposed rule published on June 18, 2014, along with the additional information presented in this notice, must be received on or before December 1, 2014.
ADDRESSES: Comments. Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2013-0602, by one of the following methods:
      Federal eRulemaking portal: http://www.regulations.gov. Follow the online instructions for submitting comments.
      Email<EMAIL_ADDRESS>Include Docket ID No. EPA-HQ-OAR-2013-0602 in the subject line of the message.
      Facsimile:<PHONE_NUMBER>. Include Docket ID No. EPA-HQ-OAR-2013-0602 on the cover page.
      Mail: Environmental Protection Agency, EPA Docket Center (EPA/DC), Mail code 28221T, Attn: Docket ID No. EPA-HQ-OAR-2013-0602, 1200 Pennsylvania Ave., NW, Washington, DC 20460.
      Hand/Courier Delivery: EPA Docket Center, Room 3334, EPA  WJC West Building, 1301 Constitution Ave., NW, Washington, DC, 20004, Attn: Docket ID No. EPA-HQ-OAR-2013-0602. Such deliveries are accepted only during the Docket Center's normal hours of operation (8:30 a.m. to 4:30 p.m., Monday through Friday, excluding federal holidays), and special arrangements should be made for deliveries of boxed information.
	Instructions: All submissions must include the agency name and Docket ID No. (EPA-HQ-OAR-2013-0602). The EPA's policy is to include all comments received without change, including any personal information provided, in the public docket, available online at http://www.regulations.gov, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http://www.regulations.gov or email. Send or deliver information identified as CBI only to the following address: Mr. Roberto Morales, OAQPS Document Control Officer (C404-02), Office of Air Quality Planning and Standards, U.S. EPA, Research Triangle Park, North Carolina 27711, Attention Docket ID No. EPA-HQ-OAR-2013-0602. Clearly mark the part or all of the information that you claim to be CBI. For CBI information on a disk or CD-ROM that you mail to the EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information you claim as CBI. In addition to one complete version of the comment that includes information claimed as CBI, you must submit a copy of the comment that does not contain the information claimed as CBI for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.
	The EPA requests that you also submit a separate copy of your comments to the contact person identified below (see FOR FURTHER INFORMATION CONTACT). If the comment includes information you consider to be CBI or otherwise protected, you should send a copy of the comment that does not contain the information claimed as CBI or otherwise protected.
	The http://www.regulations.gov website is an "anonymous access" system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through http://www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption and be free of any defects or viruses.
	Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some information is not publicly available (e.g., CBI or other information whose disclosure is restricted by statute). Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in http://www.regulations.gov or in hard copy at the EPA Docket Center, EPA WJC West Building, Room 3334, 1301 Constitution Ave., NW, Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding federal holidays. The telephone number for the Public Reading Room is<PHONE_NUMBER>, and the telephone number for the Air Docket is<PHONE_NUMBER>. Visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm for additional information about the EPA's public docket.
	In addition to being available in the docket, an electronic copy of this notice will be available on the World Wide Web (WWW). Following signature, a copy of this notice will be posted at the following address: http://www2.epa.gov/cleanpowerplan/.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Vasu, Sector Policies and Programs Division (D205-01), U.S. EPA, Research Triangle Park, NC 27711; telephone number<PHONE_NUMBER>, facsimile number<PHONE_NUMBER>; email address<EMAIL_ADDRESS>or Ms. Lisa Conner, Sector Policies and Programs Division (D205-01), U.S. EPA, Research Triangle Park, NC 27711; telephone number<PHONE_NUMBER>, facsimile number<PHONE_NUMBER>; email address<EMAIL_ADDRESS>SUPPLEMENTARY INFORMATION:

      Organization of This Document. The information presented in this notice is organized as follows:
I.	Background
A.	Proposed Rule
B.	Purpose of the Notice
II. Additional Information on the Translation of Emission Rate-based CO2 Goals to Mass-based Equivalents

I. Background
A. Proposed Rule
      On June 18, 2014, under the authority of Clean Air Act (CAA) section 111(d), the EPA proposed emission guidelines for states to follow in developing plans to address greenhouse gas (GHG) emissions from existing fossil fuel-fired electric generating units (EGUs)(79 FR 34830). On October 28, 2014, the EPA also issued a supplemental proposal, "Carbon Pollution Emission Guidelines: Existing Stationary Sources in Indian Country and U.S. Territories; Multi-jurisdictional Partnerships" (79 FR 65481).
One of the main elements of the proposals is the establishment of emission rate-based CO2 goals. To set these goals, the EPA analyzed practical and affordable strategies that states and utilities are already using to lower carbon pollution from the power sector. These strategies are incorporated into what the proposal describes as building blocks that comprise the best system of emission reduction (BSER). These strategies, which are already being deployed by states and companies across the country, include improvements in efficiency at carbon-intensive power plants; programs that enhance generation from, and spur private investments in, low emitting and renewable power sources; as well as programs that help homes and businesses use electricity more efficiently. The EPA has proposed goals for each state, area of Indian country and U.S. territory with affected EGUs, as a carbon intensity rate, in terms of CO2 per megawatt-hour generated. In calculating the emission rate-based goal, the EPA also took into consideration the area's fuel mix, electricity market and numerous other factors. Thus, each goal reflects the unique conditions of each state, area of Indian country and U.S. territory. The proposed rule also provides flexibility by authorizing each implementing authority to demonstrate achievement of the goal using a mass-based metric that is equivalent to its emission rate-based CO2 goal. With the proposed rule issued on June 18, 2014, the EPA issued a TSD that demonstrates one potential way to translate the rate-based goal to a mass-based equivalent.
B. Purpose of the Notice
      Upon issuance of the proposed rule, the EPA continued the extensive outreach effort to stakeholders and members of the public that the EPA had engaged in for many months preceding the proposal. This outreach has provided opportunities for all jurisdictions with affected entities  -  both individually and in regional groups  -  as well as numerous industry groups and non-governmental organizations, to meet with the EPA and ask clarifying questions about, and give initial reactions to, the proposed components, requirements and timing of the rulemaking. This outreach has included individual meetings; attendance at conferences; webinars; conference calls; and other communications, during which the EPA has responded to hundreds of clarifying questions about the proposal and received numerous initial reactions in both oral and written form. This engagement has been designed to facilitate a better understanding of the rule by stakeholders so that they could provide more informed substantive comments for the EPA to consider for the final rule, as well as allow the EPA to consider stakeholders' initial reactions.
      During these discussions, many of the states, in particular, emphasized the importance of having more information and clarity on how the proposed rate-based goals could potentially be translated to a mass-based equivalent metric. Some states requested additional information about how they might calculate a mass-based equivalent metric, while other states requested that the EPA calculate and provide presumptive mass-based equivalent metrics.
      The purpose of this notice is to share additional information regarding potential methods for determining the mass that is equivalent to the emission rate-based CO2 goal that the EPA has proposed. With this notice, the EPA is also making available a TSD that provides detailed information to further inform and assist implementing authorities and stakeholders in understanding the proposal. This notice is consistent with the methodologies used to define BSER in the June 18, 2014, proposal and October 28, 2014 supplemental proposal and does not reflect any type of response to the comments that we have received to date. Readers should also note that the TSD, and the illustrative numbers presented therein, are based on the emission rate-based goals as proposed; any calculations of mass equivalents would naturally yield different results if the emission rate-based goals themselves were to change in the course of developing the final rule.

II. Additional Information on the Translation of Emission Rate-based CO2 Goals to Mass-based Equivalents
      In the proposed rule published on June 18, 2014, the EPA proposed a set of state-specific emission rate-based CO2 goals (in pounds of CO2 per megawatt-hour of electricity generated). In addition, the EPA issued emission rate-based CO2 goals for areas of Indian country and U.S. territories with affected EGUs in a supplemental proposal on October 28, 2014. The proposals authorized each implementing authority to translate the form of the emission rate-based goal to a mass-based form (i.e., goals expressed in terms of total tons of CO2 per year from affected sources), as long as the translated goal achieves the equivalent in stringency. Today's notice provides additional detail, and describes two potential methodologies for this translation. Today's notice is accompanied by a TSD titled "Translation of the Clean Power Plan Emission Rate-Based CO2 Goals to Mass-Based Equivalents," which has been placed in the docket for the rule (Docket ID No. EPA-HQ-OAR-2013-0602). For purposes of illustrating two methodologies for potential use in making rate-to-mass translations, today's notice and accompanying TSD identify two sets of mass-based values for each state, area of Indian country and U.S. territory with affected EGUs that could be considered equivalent to the proposed rate-based goals, as discussed below: One that is based on historical emissions from existing sources, and a second that is based on historical emissions from existing sources and projected emissions that would result from demand growth that is reflected in generation at both existing and new sources in the event that an implementing authority may want to include new sources of generation in its compliance approach. Illustrative values for each state, area of Indian country and U.S. territory with affected EGUs (along with the underlying data) for each method are also presented in the TSD.
      In the proposed rule, the EPA intended to afford a considerable amount of flexibility in choosing the types of programs and measures needed to meet the goals established by the rulemaking. An important proposed element of this flexibility is allowing each implementing authority to demonstrate compliance with its interim and final rate-based goals established in the proposal, or to establish equivalent mass-based metrics for purposes of demonstrating compliance with the provisions of the rule. The agency recognizes that implementing authorities can use a mix of measures and programs to meet their goals regardless of which form of the standard they choose to use to demonstrate compliance in the state plan, including both programs that use mass-based metrics, as well as measures that use rate-based measures. State plans submitted to the EPA will be required either to (i) demonstrate that their programs and measures meet the rate-based goals established by the rulemaking, or (ii) if they choose to translate the rate-based goals into mass-based equivalents, demonstrate achievement of the goals using the mass-based metrics.
      In section VII of the preamble to the June 18, 2014 proposed rule, the EPA provides basic considerations necessary to translate the emission rate-based CO2 goals into mass-based equivalents, for state plan purposes (79 FR 34897). The EPA also included in the docket for the rule a TSD titled "Projecting EGU CO2 Emission Performance in State Plans," that discusses the considerations, data and technical approaches that can be considered when converting the emission rate-based CO2 goals into a mass-based equivalent metric, and focuses on one potential approach that implementing authorities could employ. The basic methodology presented in these documents is for the implementing authority to project for a given period the amount of generation by affected entities; to determine the amount of tons of CO2 that would be emitted by affected EGUS; and to assure that the ratio of affected EGU emissions to affected entity generation is equivalent to the emissions performance of the rate-based goal.
      The data, assumptions and methodological choices used for the estimation of generation by affected entities are of central importance for translation to a mass-based metric. For instance, uncertainties about future demand, the future inventory of EGUs and the relative amounts of generation among EGUs in light of, for example, fuel costs can influence the translation to a mass-based equivalent.
      In response to requests by states, we are issuing this notice and the TSD, "Translation of the Clean Power Plan Emission Rate-Based CO2 Goals to Mass-Based Equivalents," to present information about potential methods for translating the rate-based goals to mass-based equivalents. The TSD presents two additional possible methods for calculating mass-based equivalent metrics, the underlying data and shows the mass-based equivalent metric. The first method, based on historical data, produces mass-based equivalent metrics that apply to existing affected EGUs only. The second method, based on a combination of historical data and a projection of future electric demand, produces mass-based equivalent metrics that are inclusive of new fossil fuel-fired sources, in light of the fact that the rule takes comment on the inclusion of new, fossil fuel-fired sources as a component of state plans.  As the starting point for these calculations, we use the proposed emission rate-based CO2 goals set forth in the rulemaking. Also, to maintain consistency with the proposed rule, the calculations contain the same generation data used in setting the rate-based goals (i.e., 2012 eGRID data for historical generation, and Annual Energy Outlook 2013 for regional growth estimates) to project future levels of generation.
      The EPA is providing this additional information to states, U.S. territories, tribes, and other stakeholders to provide a better understanding of the proposed rule. It should be reiterated that the mass-based equivalent metrics presented in the TSD are not required mass-based emission limits that implementing authorities must meet; rather, they are illustrations of two potential options that implementing authorities may choose to adopt if they choose to use a mass-based form of the emission rate-based goal. The EPA presents them to provide stakeholders a better understanding of the methodology and mass outcomes associated with two possible ways of calculating mass-based equivalent metrics.

Dated: November 6, 2014.

__________________________
Janet G. McCabe, Acting Assistant Administrator,
Office of Air and Radiation.