11549 Federal Register / Vol. 68, No. 47 / Tuesday, March 11, 2003 / Notices was sent by Mrs. Lory Rimoldi to the EAB for review of this permit. On January 14, 2003 the EAB dismissed Mrs. Rimolldi's petition for review. The EAB denied the petition for review because ( 1) Mrs. Rimoldi failed to indicate why Region IX's response to her concerns was erroneous or otherwise warranted review, ( 2) the speculative concerns regarding the general enforcement of a validly issued permit raised in her petition are outside the scope of the Board's review authority, and ( 3) the petition did not contain sufficient specificity as to why Region IX's decision was erroneous. The final extension became effective on January 14, 2003 and will expire 18 months from that date on July 13, 2004. DATES: The issuance of a PSD/ NSR permit is reviewable under Section 307( b)( 1) of the Clean Air Act and 40 CFR 124.19( f)( 1) in the Ninth Circuit Court of Appeals. A petition for review must be filed by May 12, 2003.

Dated: February 26, 2003. Andrew Steckel, Director, Air Division, Region 9. [ FR Doc. 03   5710 Filed 3   10   03; 8: 45 am]

BILLING CODE 6560   50   M ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0087; FRL   7297   2]

Agricultural Worker Protection Program; Notice of Public Workshop AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: EPA's Office of Pesticide Programs ( OPP) will hold a public workshop on the Agricultural Worker Protection Program on March 19, 20, and 21, 2003. The agenda for this workshop is in development and will be posted by March 10, 2003, on EPA's web site. On March 19, the agenda will be devoted to the National Program Assessment of the Agricultural Worker Protection Program, and will include discussions about training, hazard communications, enforcement, and recommendations for the National Worker Protection Program. On March 20 and 21, the agenda will cover various topics including: Benefits assessment process, risk mitigation process, engineering controls and equipment for worker protection, field implementation issues, safety training, and occupational health research. DATES: The workshop will be held on Wednesday, March 19, 2003, from 9 a. m. to 4: 30 p. m.; on Thursday, March 20, 2003, from 8: 30 a. m. to 5 p. m.; and Friday, March 21, 2003, from 8: 30 a. m. to 3 p. m. ADDRESSES: The workshop will be held at the Marriot Crystal Gateway ( Salons V and VI), 1700 Jefferson Davis Hwy., Arlington, VA ( 703) 920   3230.

FOR FURTHER INFORMATION CONTACT: Margie Fehrenbach, Office of Pesticide Programs ( 7501C), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 308   4775; fax number: ( 703) 308   4776; email address: fehrenbach. margie@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me?

This action is directed to the public in general; however, persons may be interested who work in agricultural settings or persons who are concerned about implementation of the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA); the Federal Food, Drug, and Cosmetic Act ( FFDCA); and the amendments to both of these major pesticide laws by the Food Quality Protection Act of 1996 ( FQPA) ( Public Law 104   170). Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPP   2003   0087. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. The agenda for this workshop is in development and will be posted by March 10, 2003, on EPA's web site at http:// www. epa. gov/ pesticides/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number.

II. Background Stakeholders from two of EPA's Federal advisory committees, the Pesticide Program Dialogue Committee ( PPDC) and the Committee to Advise on Reassessment and Transition ( CARAT), have expressed interest in better understanding the process followed by OPP when developing agricultural worker risk assessments and the overall Agricultural Worker Protection Program. EPA planned two workshops to address these issues. The first was held in October 2002 and focused on the worker risk assessment process for agricultural handlers and post applicators. The second workshop will focus the first day on the National Program Assessment of the Agricultural Worker Protection Program, and will include discussions about training, hazard communication, enforcement and recommendations for the National Worker Protection Program. The agenda for the second and third day will cover various topics including: Benefits assessment process, risk mitigation process, engineering controls and equipment for worker protection, field implementation issues, safety training and occupational health research. The public is invited to this workshop. Participation from the two Federal advisory committees is also invited, representing the following sectors: Pesticide user, grower, and commodity groups; industry and trade associations; environmental/ public interest and farmworker groups; Federal, State, and Tribal governments; public health organizations; animal welfare; and academia.

VerDate Jan< 31> 2003 17: 02 Mar 10, 2003 Jkt 200001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 11MRN1. SGM 11MRN1 11550 Federal Register / Vol. 68, No. 47 / Tuesday, March 11, 2003 / Notices III. How Can I Participate in this Workshop? An opportunity will be provided for questions and comments by the public. Any person who wishes to submit a written statement may do so at the workshop. All public comments will become part of the public record and will be available for public inspection.

List of Subjects Environmental protection, Agriculture, Agricultural workers, Chemicals, Foods, Pesticides and pests.

Dated: March 5, 2003. Marcia E. Mulkey, Director, Office of Pesticide Programs.

[ FR Doc. 03   5906 Filed 3   10   03; 2: 01 pm]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ FRL   7463   6]

Notice of Proposed Administrative Settlement Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice; request for public comment.

SUMMARY: In accordance with section 122( i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (`` CERCLA''), 42 U. S. C. 9622( i), notice is hereby given of a proposed administrative settlement concerning the Louisiana Oil Recycle & Reuse, Baton Rouge, Louisiana, with the parties referenced in the Supplementary Information portion of this Notice. The settlement requires the settling major parties to pay a total of $ 163,974.14 as payment of past response costs to the Hazardous Substances Superfund. The settlement includes a covenant not to sue pursuant to sections 106 and 107 of CERCLA, 42 U. S. C. 9606 and 9607. For thirty ( 30) days following the date of publication of this notice, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at 1445 Ross Avenue, Dallas, Texas 75202   2733. DATES: Comments must be submitted on or before April 10, 2003. ADDRESSES: The proposed settlement and additional background information relating to the settlement are available for public inspection at 1445 Ross Avenue, Dallas, Texas 75202   2733. A copy of the proposed settlement may be obtained from Janice Bivens, 1445 Ross Avenue, Dallas, Texas 75202   2733 at ( 214) 665   6717. Comments should reference Louisiana Oil Recycle & Reuse Superfund Site, Baton Rouge, Louisiana, EPA Docket Number 06   03   02 and should be addressed to Janice Bivens at the address listed above.

FOR FURTHER INFORMATION CONTACT: Amy McGee, 1445 Ross Avenue, Dallas, Texas 75202   2733 at ( 214) 665   8063.

Dated: March 3, 2003. Samuel Coleman, Acting Regional Administrator, Region 4. Deputy Appendix A   List of Settling Parties 1. International Paper Company 2. Gulf States Marine ( Boasso International) 3. West Lake Polymers 4. Mississippi Marine Corporation f/ n/ a Greenville Johnny of Louisiana, Inc. 5. T& T Barge Cleaning, Inc. 6. Castrol, Inc. 7. Sabine Manufacturing 8. United States Defense Logistics Agency/ Defense Reutilization and Marketing Service [ FR Doc. 03   5749 Filed 3   10   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ FRL   7463   4]

Notice of Proposed Administrative Settlement Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice; request for public comment.

SUMMARY: In accordance with section 122( i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (`` CERCLA''), 42 U. S. C. 9622( i), notice is hereby given of a proposed administrative settlement concerning the Louisiana Oil Recycle & Reuse, Baton Rouge, Louisiana, with the parties referenced in the SUPPLEMENTARY INFORMATION portion of this notice. The settlement requires the settling party to pay a total of $ 45,525.86 as payment of past response costs to the Hazardous Substances Superfund. The settlement includes a covenant not to sue pursuant to sections 106 and 107 of CERCLA, 42 U. S. C. 9606 and 9607. For thirty ( 30) days following the date of publication of this notice, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at 1445 Ross Avenue, Dallas, Texas 75202   2733. DATES: Comments must be submitted on or before April 10, 2003. ADDRESSES: The proposed settlement and additional background information relating to the settlement are available for public inspection at 1445 Ross Avenue, Dallas, Texas 75202   2733. A copy of the proposed settlement may be obtained from Janice Bivens, 1445 Ross Avenue, Dallas, Texas 75202   2733 at ( 214) 665   6717. Comments should reference Louisiana Oil Recycle & Reuse Superfund Site, Baton Rouge, Louisiana, EPA Docket Number 06   03   02 and should be addressed to Janice Bivens at the address listed above. FOR FURTHER INFORMATION CONTACT: Amy McGee, 1445 Ross Avenue, Dallas, Texas 75202   2733 at ( 214) 665   8063.

Dated: February 27, 2003. Lawrence E. Starfield, Acting Regional Administrator, Region 4.

Appendix A   List of Settling Parties 1. Evans Cooperage Co., Inc. k/ n/ a Evans Harvey Corp., L. L. C.

[ FR Doc. 03   5750 Filed 3   10   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ FRL   7463   3]

Public Water System Supervision Program Revision for the State of Mississippi AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice of tentative approval.

SUMMARY: Notice is hereby given that the State of Mississippi is revising its approved Public Water System Supervision Program. Mississippi has adopted drinking water regulations for VerDate Jan< 31> 2003 17: 02 Mar 10, 2003 Jkt 200001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 11MRN1. SGM 11MRN1


[Federal Register Volume 76, Number 242 (Friday, December 16, 2011)]
[Rules and Regulations]
[Pages 78144-78145]
[FR Doc No: 2011-32210]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0867; Airspace Docket No. 11-AAL-16]

Amendment of Class E Airspace; Anaktuvuk Pass, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action revises Class E airspace at Anaktuvuk Pass
Airport, Anaktuvuk Pass, AK. The creation of two standard instrument
approach procedures at the airport has made this action necessary to
enhance safety and management of Instrument Flight Rules (IFR)
operations. This action also adjusts the geographic coordinates of the
airport.

DATES: Effective date, 0901 UTC, February 9, 2012. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

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

SUPPLEMENTARY INFORMATION:

History

    On September 13, 2011, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to amend controlled airspace at
Anaktuvuk Pass, AK (76 FR 56354). Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received. Reference to the
adjustment to the geographic coordinates of the airport was
inadvertently omitted in the NPRM, and is now noted.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.9V dated August 9, 2011, and effective September 15,
2011, which is incorporated by reference in 14 CFR Part 71.1. The Class
E airspace designations listed in this document will be published
subsequently in that Order.

The Rule

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR Part 71.1 of the Federal
Aviation Administration Order 7400.9V, Airspace Designations and
Reporting Points, dated August 9, 2011, and effective September 15,
2011 is amended as follows:

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

* * * * *

AAL AK E5 Anaktuvuk Pass, AK [Amended]

Anaktuvuk Pass Airport, AK
    (Lat. 68[deg]08'01'' N., long. 151[deg]44'36'' W.)
Anaktuvuk Pass, NDB
    (Lat. 68[deg]08'12'' N., long. 151[deg]44'39'' W.)

    That airspace extending upward from 700 feet above the surface
within a 9.3-mile radius of the Anaktuvuk Pass Airport, AK and
within 8 miles northwest and 4 miles southeast of the Anaktuvuk Pass
NDB 240[deg] bearing extending from the 9.3-mile radius to 16.7
miles southwest of the Anaktuvuk Pass Airport, AK; and that airspace
extending upward from 1,200 feet above the surface within a 66-mile
radius of the Anaktuvuk Pass Airport, AK.

    Issued in Seattle, Washington, on December 3, 2011.
John Warner,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2011-32210 Filed 12-15-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: February 21, 2007 (Volume 72, Number 34)]
[Notices]
[Page 7873-7875]
[DOCID:fr21fe07-29]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0694; FRL-8115-9]

Pine Oil and Propylene Glycol and Dipropylene Glycol
Reregistration Eligibility Decisions; Notice of Availability

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice.

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

SUMMARY:  This notice announces the availability of EPA's
Reregistration Eligibility Decisions (REDs) for the pesticides pine oil
and propylene glycol and dipropylene glycol and opens a public comment
period on these documents. The Agency's risk assessments and other
related documents also are available in the pine oil and propylene
glycol and dipropylene glycol Dockets. Pine oil is an antimicrobial
used for sanitizing and disinfecting in residential and commercial/
institutional settings. Propylene glycol is used in air sanitization
and hard surface disinfection and dipropylene glycol is used in air
sanitization. EPA has reviewed pine oil and propylene glycol and
dipropylene glycol through the public participation process that the
Agency uses to involve the public in developing pesticide
reregistration and tolerance reassessment decisions. Through these
programs, EPA is ensuring that all pesticides meet current health and
safety standards.

DATES:  Comments must be received on or before April 23, 2007.

ADDRESSES:  Submit your comments, identified by docket identification
(ID) number, by one of the following methods: For pine oil, docket
identification (ID) number EPA-HQ-OPP-2004-0302 and for propylene
glycol and dipropylene glycol, docket identification (ID) number EPA-
HQ-OPP-2006-0831.
      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 telephone number is<PHONE_NUMBER>.
     Instructions: Direct your comments to the following docket ID
numbers: for pine oil docket identification (ID) number EPA-HQ- OPP-
2004-0302; and propylene glycol and dipropylene glycol, docket
identification (ID) number EPA-HQ- OPP-2006-0831. 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 Federal 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. 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 form. Publicly available docket materials are
available either in the electronic docket 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 telephone number is (703) 305-
5805.

FOR FURTHER INFORMATION CONTACT:  For Pine Oil: ShaRon Carlisle,
Antimicrobials Division (7510P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>     For Propylene Glycol and Dipropylene Glycol: Michelle Centra,
Antimicrobials Division (7510P), Office of Pesticide

Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

     This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

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. Background

A. What Action is the Agency Taking?

     Under section 4 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to
ensure that they meet current scientific and regulatory standards. EPA
has completed Reregistration Eligibility Decisions (REDs) for the
pesticides, pine oil and propylene glycol and dipropylene glycol under
section 4(g)(2)(A) of FIFRA. Pine oil is an antimicrobial used for
sanitizing and disinfecting in residential and commercial/institutional
settings. Propylene glycol is used in air sanitization and hard surface
disinfection and dipropylene glycol is used in air sanitization. Pest
(fleas, mites, red lice, and various bacteria and viruses) control for
pets (cats, dogs, and birds) is also a major active use for propylene
glycol.
    EPA has determined that the data base to support reregistration is
substantially complete and that products containing pine oil and
propylene glycol and dipropylene glycol are eligible for
reregistration, provided the risks are mitigated either in the manner
described in the RED or by another means that achieves equivalent risk
reduction. Upon submission of any required product specific data under
section 4(g)(2)(B) and any necessary changes to the registration and
labeling (either to address concerns identified in the RED or as a
result of product specific data), EPA will make a final reregistration
decision under section 4(g)(2)(C) for products containing pine oil and
propylene glycol and dipropylene glycol.
     EPA must review tolerances and tolerance exemptions that were in
effect when the Food Quality Protection Act (FQPA) was enacted in
August 1996, to ensure that these existing pesticide residue limits for
food and feed commodities meet the safety standard established by the
new law. Tolerances are considered reassessed once the safety finding
has been made or a revocation occurs. EPA has reviewed and made the
requisite safety finding for the pine oil and propylene glycol and
dipropylene glycol tolerances included in this notice.
     EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance reassessment. The
Agency's Pesticide Tolerance Reassessment and Reregistration; Public
Participation Process, published in the Federal Register on May 14,
2004, (69 FR 26819)(FRL-7357-9) explains that in conducting these
programs, EPA is tailoring its public participation process to be
commensurate with the level of risk, extent of use, complexity of
issues, and degree of public concern associated with each pesticide.
Due to its uses, risks, and other factors, pine oil and propylene
glycol and dipropylene glycol were reviewed through the modified 4-
Phase process. Through this process, EPA worked extensively with
stakeholders and the public to reach the regulatory decisions for pine
oil and propylene glycol and dipropylene glycol.
     The reregistration program is being conducted under
Congressionally mandated time frames, and EPA recognizes the need both
to make timely decisions and to involve the public. The Agency is
issuing the pine oil and propylene glycol and dipropylene glycol REDs
for public comment. This comment period is intended to provide an
additional opportunity for public input and a mechanism for initiating
any necessary amendments to the RED. All comments should be submitted
using the methods in ADDRESSES, and must be received by EPA on or
before the closing date. These comments will become part of the Agency
Docket for pine oil and propylene glycol and dipropylene glycol.
Comments received after the close of the comment period will be marked
``late.'' EPA is not required to consider these late comments.
     The Agency will carefully consider all comments received by the
closing date and will provide a Response to Comments Memorandum in the
Docket and regulations.gov. If any comment significantly affects the
document, EPA also will publish an amendment to the RED in the Federal
Register. In the absence of substantive comments requiring changes, the
pine oil and propylene glycol and dipropylene glycol REDs will be
implemented as it is now presented.

B. What is the Agency's Authority for Taking this Action?

     Section 4(g)(2) of FIFRA as amended directs that, after submission
of all data

concerning a pesticide active ingredient, the Administrator shall
determine whether pesticides containing such active ingredient are
eligible for reregistration, before calling in product specific data on
individual end-use products and either reregistering products or taking
other ``appropriate regulatory action.''
     Section 408(q) of the Federal Food, Drug, and Cosmetic Act
(FFDCA), 21 U.S.C. 346a(q), requires EPA to review tolerances and
exemptions for pesticide residues in effect as of August 2, 1996, to
determine whether the tolerance or exemption meets the requirements of
section 408(b)(2) or (c)(2) of FFDCA. This review was completed by
August 3, 2006.

List of Subjects

     Environmental protection, Pesticides and pests, Pine oil,
Propylene glycol and Dipropylene glycol.

    Dated: February 12, 2007.
Betty Shackleford,
Acting Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. 07-791 Filed 2-16-07; 2:27 pm]

BILLING CODE 6560-50-S


[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Notices]
[Pages 133-134]
[FR Doc No: 2021-28440]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-377, OMB Control No. 3235-0425]

Submission for OMB Review; Comment Request; Extension: Form TH

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget this request for extension of the previously approved
collection of information discussed below.
    Form TH (17 CFR 239.65, 17 CFR 249.447, 269.10 and 17 CFR 274.404)
under the Securities Act of 1933 (15 U.S.C. 77a et seq.), the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), the Trust
Indenture Act of 1939 (15 U.S.C. 77aaa et seq.) and the Investment
Company Act of 1940 (15 U.S.C. 80a-1 et seq.) is used by registrants to
notify the Commission that an electronic filer is relying on the
temporary hardship exemption for the filing of a document in paper form
that would otherwise be required to be filed electronically as required
by Rule 201(a) of Regulation S-T. (17 CFR. 232.201(a)). Form TH is a
public document and is filed on occasion. Form TH must be filed every
time an electronic filer experiences unanticipated technical
difficulties preventing the timely preparation and submission of a
required electronic filing. Approximately 5 registrants file Form TH
and it takes an estimated 0.33 hours per response for a total annual
burden of 2 hours (0.33 hours per response x 5 responses).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    The public may view background documentation for this information
collection at the following website: www.reginfo.gov. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
Written comments and recommendations for the proposed information
collection should be sent within 30 days of publication of this notice
to (i) www.reginfo.gov/public/do/

PRAMain and (ii) David Bottom, Director/Chief Information Officer,
Securities and Exchange Commission, c/o John Pezzullo, 100 F Street NE,
Washington, DC 20549, or by sending an email to: [email protected].

    Dated: December 28, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-28440 Filed 12-30-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 2 (Monday, January 5, 2015)]
[Notices]
[Pages 221-222]
[FR Doc No: 2014-30845]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP15-36-000]

National Fuel Gas Supply Corporation; Notice of Request Under
Blanket Authorization

    Take notice that on December 19, 2014 National Fuel Gas Supply
Corporation (National Fuel), 6363 Main Street, Williamsville, New York
14221, filed in the above Docket, a prior notice request pursuant to
sections 157.205, 157.208, 157.210 and 157.216 of the Commission's
regulations under the Natural Gas Act (NGA) and National Fuel's blanket
certificate issued in Docket No. CP83-4-000, for authorization to
replace certain portions of Line NM-44 NY and Line U NY in Erie County,
New York. National Fuel proposes to (1) construct and operate
approximately 13.6 miles of 16-inch diameter pipeline, 0.6 miles of 20-
inch diameter pipeline, and various auxiliary facilities and (2) to
abandon approximately 13.3 miles of 16-inch diameter bare steel
pipeline and 0.6 miles of 20-inch diameter bare steel pipeline.
National Fuel states that proposed replacement will increase overall
integrity, reliability and efficient operation of its pipeline system.
National Fuel also states that due to engineering constraints several
areas of new right-of-way are necessary and the estimated cost of work
is $12 million, all as more fully set forth in the application which is
on file with the Commission and open to public inspection. The filing
may also be viewed on the web at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or TTY,
contact<PHONE_NUMBER>.
    Any questions concerning this application may be directed to
Kenneth E. Webster, Attorney for National Fuel, 6363 Main Street,
Williamsville, New York 14221, or call at<PHONE_NUMBER>.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 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 person may, within 60 days after the issuance of the instant
notice by the Commission, file pursuant to Rule 214 of the Commission's
Procedural Rules (18 CFR 385.214) a motion to intervene or notice of
intervention. Any person filing to intervene or the Commission's staff
may, pursuant to section 157.205 of the Commission's Regulations under
the Natural Gas Act (NGA) (18 CFR 157.205) file a protest to the
request. If no protest is filed within the time allowed therefore, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for protest. If a protest is filed and not
withdrawn within 30 days after the time allowed for filing a protest,
the instant request shall be treated as an application for
authorization pursuant to section 7 of the NGA.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (www.ferc.gov) under the ``e-Filing'' link.

    Dated: December 29, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-30845 Filed 1-2-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: June 22, 2006 (Volume 71, Number 120)]
[Notices]
[Page 35904-35906]
[DOCID:fr22jn06-76]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OA-2006-0513; FRL-8185-6]

Agency Information Collection Activities: Request for Renewal of
Information Collection for EPA's National Environmental Performance
Track Program, EPA ICR Number 1949.05, OMB Control Number 2010-0032

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that EPA is planning to submit a
request to renew an existing approved Information Collection Request
(ICR) to the Office of Management and Budget (OMB). This ICR is
scheduled to expire on August 31, 2006. The request will be to renew
the existing approved collection (EPA ICR Number 1949.03, OMB Control
Number 2010-0032, National Environmental Performance Track Program).
Before submitting the ICR to OMB for review and approval, EPA is
soliciting comments on specific aspects of the proposed information
collections as described below.

DATES: Comments must be submitted on or before August 21, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OA-
2006-0513 by one of the following methods:
     http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Office of Administrator Docket, Environmental
Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
     Hand Delivery: EPA Docket Center, EPA West, Room B-102,
1301 Constitution Ave, NW., Washington, DC 20460. Such deliveries are
only accepted during the Docket's normal hours of operation (8:30 a.m.
to 4:30 p.m. M-F), special arrangements should be made for deliveries
of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OA-2006-
0513. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online 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 http://www.regulations.gov, or via e-mail. The http://www.regulations.gov Web

site 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 http://www.regulations.gov your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    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/DC, EPA West, Room B102, 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 legal holidays. The telephone number for the
Public Reading Room is<PHONE_NUMBER>, and the telephone number for the
Office of Administrator Docket is<PHONE_NUMBER>).

FOR FURTHER INFORMATION CONTACT: Robert D. Sachs, Office of Policy,
Economics and Innovation, Mail Code 1807T, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax Number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: EPA has established a public docket for this
ICR under Docket ID Number EPA-HQ-OA-2006-0513, which is available for
online viewing at http://www.regulations.gov, or in person viewing at

the Office of Environmental Information Docket in the EPA Docket Center
(EPA/DC), EPA West, Room B102, 1301 Constitution Ave., NW., Washington,
DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the Office of Environmental Information Docket is
(202) 566-1752.
    Use http://www.regulations.gov to obtain a copy of the draft

collection of information, submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select ``search'' then key in the docket ID number
identified in this document.

What Information Is EPA Particularly Interested In?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In

particular, EPA is requesting comments from very small businesses
(those that employ less than 25) on examples of specific additional
efforts that EPA could make to reduce the paperwork burden for very
small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What Information Collection Activity or ICR Does This Apply to?

    Affected entities: Entities potentially affected by this action are
facility members of EPA's National Environmental Performance Track
program.
    Title: Request for Renewal of Information Collection for EPA's
National Environmental Performance Track Program.
    ICR Numbers: EPA ICR No. 1949.03, OMB Control No. 2010-0032.
    ICR Status: This ICR is currently scheduled to expire on August 31,
2006. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: EPA's National Environmental Performance Track is a
voluntary program that recognizes and rewards private and public
facilities that demonstrate top environmental performance beyond
current requirements. The program is based on the premise that
government should complement existing programs with new tools and
strategies that not only protect people and the environment, but also
capture opportunities for reducing cost and spurring technological
innovation.
    Performance Track is a facility based program (not company-wide)
that solicits and receives applications and makes acceptance decisions
twice per year from February through April, and August through October.
Applying facilities must meet four basic criteria: (1) A history of
sustained compliance with environmental regulations; (2) an
Environmental Management System (EMS) in place that has undergone an
assessment by an independent third party; (3) past and future
environmental achievements, and a commitment to quantified continuous
environmental improvement; and (4) public involvement and annual
reporting. Once accepted, members remain in the program for three
years, as long as they continue to meet the program criteria. After
three years, they may apply to renew their membership through a
streamlined application process.
    In this request, EPA proposes to renew ICR 1949.03, set to expire
on August 31, 2006. This ICR requests approval to collect information
from applicants and members of the National Environmental Performance
Track program. A total of 401 facilities are current members.
    No confidential information is requested in this notice. An agency
may not conduct or sponsor, and a person is not required to respond to,
a collection of information unless it displays a currently valid OMB
control number. The OMB control numbers for EPA's regulations are
listed in 40 CFR part 9 and 48 CFR chapter 15.
    The EPA would like to solicit comments to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 16.4
hours per facility per year. This includes all applications, compliance
screens, annual reporting, incentives participation, and site visits.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
    Estimated total number of respondents: 476.
    Frequency of response: Annually, biennially, and triennially.
    Estimated total average number of responses for each respondent: 2
or 3.
    Estimated total annual burden hours: 7,805.
    Estimated total annual costs: $514,521. This includes an estimated
burden cost of $514,521, and an estimated cost of $0.00 for capital
investment or maintenance and operational costs.
    EPA estimates that all facilities who voluntarily respond to this
information collection by electing to participate in the Performance
Track program have determined that the expected benefits of
participation outweigh any burdens associated with preparing the
response.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements
which have subsequently changed; train personnel to be able to respond
to a collection of information; search data sources; complete and
review the collection of information; and transmit or otherwise
disclose the information.

Are There Changes in the Estimates From the Last Approval?

    This renewal ICR 1949.05 estimates annualized burden hours to be
7,805. This is a reduction of 105,634 hours from the previous
reportable burden to OMB of 113,439 hours. The primary reason for this
decrease is the burden hour estimate in ``program

participation'' under ICR 1949.03. The estimated hours for program
participation were dramatically overestimated in the previous ICR, and
EPA has determined therefore that these hours were incorrect.
Specifically, EPA estimated significant burden for ``compliance
demonstration, EMS documentation and reporting, continuous performance
demonstration, and reporting and public outreach.'' This burden was not
correctly estimated, nor attributable to information collection
requirements of the Performance Track Program. Other areas that
contributed to the decrease in burden hours are application and renewal
application hours, incentives hours, and annual performance reporting
hours. Estimated burden hours per facility for the customer
satisfaction survey have not changed. Finally, EPA has gained
tremendous experience in the last three years about implementing its
Performance Track Program, and assessing information collection burden
in ICR amendments 1949.03 and 1949.04. As a result of this experience,
EPA believes that current estimates in ICR 1949.05 to be significantly
more accurate than previous estimates.

What Is the Next Step in the Process for This ICR?

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

    Dated: June 14, 2006.
David W. Guest,
Acting Director, Performance Incentives Division.
 [FR Doc. E6-9870 Filed 6-21-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 155 (Friday, August 10, 2012)]
[Notices]
[Pages 47887-47890]
[FR Doc No: 2012-19610]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67597; File No. SR-CBOE-2012-065]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating to the Options Regulatory Fee

August 6, 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 July 31, 2012, the Chicago Board Options Exchange, Incorporated (the
``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    Chicago Board Options Exchange, Incorporated proposes to amend its
Options Regulatory Fee. The text of the proposed rule change is
available on the Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change 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 Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to amend the Options Regulatory Fee (``ORF'')
to increase it from $0.0045 per contract to $0.0065 per contract in
order to help offset increased regulatory expenses. The Exchange also
proposes to apply the ORF to Linkage orders.\3\ The Exchange is
amending the ORF due to substantial increases in resources devoted to
regulatory services, including the recent hiring of many new employees,
increased office space and regulatory systems enhancements. The
proposed fee would be operative on August 1, 2012.
---------------------------------------------------------------------------

    \3\ ``Linkage'' orders refers to orders routed to and executed
on another exchange pursuant to the Options Order Protection and
Locked/Crossed Market Plan (the ``Plan'').
---------------------------------------------------------------------------

    The ORF is assessed by the Exchange to each Trading Permit Holder
for all options transactions executed or cleared by the Trading Permit
Holder that are cleared by The Options Clearing Corporation (``OCC'')
in the customer range, i.e., transactions that clear in a customer
account at OCC, excluding Linkage orders, regardless of the marketplace
of execution. In other words, the Exchange imposes the ORF on all
customer-range transactions executed by a Trading Permit Holder, even
if the transactions do not take place on the Exchange.\4\ The ORF also
is charged for transactions that are not executed by a Trading Permit
Holder but are ultimately cleared by a Trading Permit Holder. In the
case where a Trading Permit Holder executes a transaction and a Trading
Permit Holder clears the transaction, the ORF is assessed to the
Trading Permit Holder who executed the transaction. In the case where a
non-Trading Permit Holder executes a transaction and a Trading Permit
Holder clears the transaction, the ORF is assessed to the Trading
Permit Holder who clears the transaction. The ORF is collected
indirectly from Trading Permit Holders through their clearing firms by
OCC on behalf of the Exchange.
---------------------------------------------------------------------------

    \4\ Exchange rules require each Trading Permit Holder to record
the appropriate account origin code on all orders at the time of
entry in order to allow the Exchange to properly prioritize and
route orders and assess transaction fees pursuant to the rules of
the Exchange and report resulting transactions to the OCC. CBOE
order origin codes are defined in CBOE Regulatory Circular RG12-057.
The Exchange represents that it has surveillances in place to verify
that Trading Permit Holders mark orders with the correct account
origin code.
---------------------------------------------------------------------------

    Customer-range Linkage orders would no longer be excluded from the
ORF. The Exchange believes that its broad regulatory responsibilities
with respect to Trading Permit Holder activities, irrespective of where
their transactions take place, supports applying the ORF to Linkage
orders. The Exchange has a statutory obligation to enforce compliance
by Trading Permit Holders and their associated persons with the
Exchange Act and the Rules of the Exchange and to surveil for other
manipulative conduct by market participants (including non-Trading
Permit Holders) trading on the Exchange. The Exchange cannot
effectively surveil for such conduct without looking at and evaluating
activity across all options markets. Many of the Exchange's market
surveillance programs require the Exchange to look at and evaluate
activity across all options markets, such as surveillance for position
limit violations, manipulation, frontrunning and contrary exercise
advice violations/expiring exercise declarations. In addition, the Plan
requires Participating Options Exchanges to conduct surveillance of
their respective markets on a regular basis to ascertain the
effectiveness of the policies and procedures to prevent Trade-Throughs
and to take prompt action to remedy deficiencies in such policies and
procedures.\5\ The Exchange also notes the ORFs currently in place at
other exchanges do not exclude Linkage orders.\6\
---------------------------------------------------------------------------

    \5\ See Section 5(a)(ii) of the Plan.
    \6\ The BOX Options Exchange, LLC (``BOX''), the International
Securities Exchange, LLC (``ISE''), NYSE Arca, Inc. (``NYSEArca''),
NYSE MKT LLC (``NYSE MKT''), NASDAQ OMX PHLX, LLC (``Phlx'') and
NASDAQ Stock Market, LLC (``NASDAQ'') all charge ORFs.
---------------------------------------------------------------------------

    The ORF is designed to recover a material portion of the costs to
the Exchange of the supervision and regulation of Trading Permit Holder
customer options business, including performing routine surveillances,
investigations, as well as policy, rulemaking, interpretive and
enforcement activities. The Exchange believes that revenue generated
from the ORF, when combined with all of the Exchange's other regulatory
fees and fines, will cover a material portion, but not all, of the
Exchange's regulatory costs. The Exchange notes that its regulatory
responsibilities with respect to Trading Permit Holder compliance with
options sales practice rules have been allocated to FINRA under a 17d-2
agreement. The ORF is not designed to cover the cost of options sales
practice regulation.
    The Exchange will continue to monitor the amount of revenue
collected from the ORF to ensure that it, in combination with its other
regulatory fees and fines, does not exceed the Exchange's total
regulatory costs. If the Exchange determines regulatory revenues exceed
regulatory costs, the Exchange will adjust the ORF by submitting a fee
change filing to the Commission. The Exchange notifies Trading Permit
Holders of adjustments to the ORF via regulatory circular.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\7\ Specifically, the
Exchange believes the proposed rule

change is consistent with Section 6(b)(4) of the Act, \8\ which
provides that Exchange rules may provide for the equitable allocation
of reasonable dues, fees, and other charges among its Permit Holders
and other persons using its facilities. The Exchange believes the
proposed fee change is reasonable because the adjustment would serve to
help offset increased regulatory expenses but does not result in total
regulatory revenue exceeding total regulatory costs. The Exchange is
amending the ORF due to substantial increases in resources devoted to
regulatory services, including the recent hiring of many new employees,
increased office space and regulatory systems enhancements.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes applying the ORF to customer-range Linkage
orders is reasonable and appropriate because the Exchange has broad
regulatory responsibilities with respect to Trading Permit Holder
activities, irrespective of where their transactions take place. The
Exchange has a statutory obligation to enforce compliance by Trading
Permit Holders and their associated persons with the Exchange Act and
the Rules of the Exchange and to surveil for other manipulative conduct
by market participants (including non-Trading Permit Holders) trading
on the Exchange. The Exchange cannot effectively surveil for such
conduct without looking at and evaluating activity across all options
markets. Many of the Exchange's market surveillance programs require
the Exchange to look at and evaluate activity across all options
markets, such as surveillance for position limit violations,
manipulation, frontrunning and contrary exercise advice violations/
expiring exercise declarations. In addition, the Plan requires
Participating Options Exchanges to conduct surveillance of their
respective markets on a regular basis to ascertain the effectiveness of
the policies and procedures to prevent Trade-Throughs and to take
prompt action to remedy deficiencies in such policies and
procedures.\9\ The Exchange also notes the ORFs currently in place at
other exchanges do not exclude Linkage orders.\10\
---------------------------------------------------------------------------

    \9\ See Section 5(a)(ii) of the Plan.
    \10\ The BOX Options Exchange, LLC (``BOX''), the International
Securities Exchange, LLC (``ISE''), NYSE Arca, Inc. (``NYSEArca''),
NYSE MKT LLC (``NYSE MKT''), NASDAQ OMX PHLX, LLC (``Phlx'') and
NASDAQ Stock Market, LLC (``NASDAQ'') all charge ORFs.
---------------------------------------------------------------------------

    The Exchange believes the ORF is equitable and not unfairly
discriminatory because it is objectively allocated to Trading Permit
Holders in that it is charged to all Trading Permit Holders on all
their transactions that clear as customer at the OCC. Moreover, the
Exchange believes the ORF ensures fairness by assessing higher fees to
those Trading Permit Holders that require more Exchange regulatory
services based on the amount of customer options business they conduct.
Regulating customer trading activity is much more labor intensive and
requires greater expenditure of human and technical resources than
regulating non-customer trading activity, which tends to be more
automated and less labor-intensive. As a result, the costs associated
with administering the customer component of the Exchange's overall
regulatory program are materially higher than the costs associated with
administering the non-customer component (e.g., Trading Permit Holder
proprietary transactions) of its regulatory program.\11\
---------------------------------------------------------------------------

    \11\ If the Exchange changes its method of funding regulation or
if circumstances otherwise change in the future, the Exchange may
decide to impose the ORF or a separate regulatory fee on Trading
Permit Holders if the Exchange deems it advisable.
---------------------------------------------------------------------------

    The ORF is designed to recover a material portion of the costs of
supervising and regulating Trading Permit Holder customer options
business including performing routine surveillances, investigations,
examinations, financial monitoring, and policy, rulemaking,
interpretive, and enforcement activities. The Exchange will continue to
monitor the amount of revenue collected from the ORF to ensure that it,
in combination with its other regulatory fees and fines, does not
exceed the Exchange's total regulatory costs. If the Exchange
determines regulatory revenues exceed regulatory costs, the Exchange
will adjust the ORF by submitting a fee change filing to the
Commission. The Exchange notifies Trading Permit Holders of adjustments
to the ORF via regulatory circular.

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

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

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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) \12\ of the Act and paragraph (f) of Rule 19b-4 \13\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2012-065 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-CBOE-2012-065. This file
number should be included on the subject line if email is used.
    To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room on
official business days between the hours of 10 a.m. and

3 p.m. Copies of such filing also will be available for inspection and
copying at the principal offices 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-CBOE-2012-065, and should be submitted
on or before August 31, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-19610 Filed 8-9-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 202 (Thursday, October 18, 2012)]
[Rules and Regulations]
[Pages 64023-64024]
[FR Doc No: 2012-25606]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 77, No. 202 / Thursday, October 18, 2012 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2012-1120; Special Conditions No. 25-471-SC]

Special Conditions: Airbus Model A318, A319, A320, and A321
Series Airplanes; Design Roll Maneuver Conditions

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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

SUMMARY: These special conditions are issued for the Airbus Model A318,
A319, and A320 series airplanes with modification 160500 and Model A321
series airplanes with modification 160023 (Sharklet). These airplanes
will have novel or unusual design features when compared to the state
of technology envisioned in the airworthiness standards for transport
category airplanes. These design features include electronic flight
controls that affect maneuvering. The applicable airworthiness
regulations do not contain adequate or appropriate safety standards for
this design feature. These special conditions contain the additional
safety standards that the Administrator considers necessary to
establish a level of safety equivalent to that established by the
existing airworthiness standards.

DATES: The effective date of these special conditions is October 11,
2012. We must receive your comments by December 3, 2012.

ADDRESSES: Send comments identified by docket number FAA-2012-1120
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 8 a.m. and 5 p.m.,
Monday through Friday, except federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except federal holidays.

FOR FURTHER INFORMATION CONTACT: Todd Martin, FAA, Airframe/Cabin
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and
opportunity for prior public comment on, these special conditions are
impracticable because these procedures would significantly delay
issuance of the design approval and thus delivery of the affected
aircraft. In addition, the substance of these special conditions has
been subject to the public comment process in several prior instances
with no substantive comments received. The FAA therefore finds that
good cause exists for making these special conditions effective upon
issuance.

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.

Background

    On April 8, 2010, Airbus applied for a change to Type Certificate
No. A28NM to include modification 160500 on Airbus Model A318, A319,
and A320 series airplanes and modification 160023 on Model A321 series
airplanes for the installation of a ``Sharklet,'' a large wingtip
device. The Model A318, A319, A320, and A321 series airplanes are short
to medium-range, twin turbofan, transport category airplanes with a
maximum seating capacity of 136 to 220 passengers, a maximum takeoff
weight of 130,071 to 205,027 pounds, and a maximum operating altitude
of 39,800 feet.
    FAA issued special conditions 25-ANM-23, effective December 15,
1988, originally applicable to Airbus Model A320 series airplanes and
later to the Model A318, A319, and A321 series airplanes. Those special
conditions included requirements for design roll maneuver conditions.
The FAA has determined that new special conditions are needed for the
Airbus Model A318, A319, and A320 series airplanes with modification
160500 and Model A321 series airplanes with modification 160023
(Sharklet) and later derivatives because the existing special
conditions have evolved over the years and need to be updated for this
derivative program.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulation (14
CFR) 21.101, Airbus must show that the Model A318, A319, A320, and A321
series airplanes, as changed, continue to meet the applicable
provisions of the regulations incorporated by reference in Type
Certificate No. A28NM or the applicable

regulations in effect on the date of application for the change. The
regulations incorporated by reference in the type certificate are
commonly referred to as the ``original type certification basis.'' The
regulations incorporated by reference in Type Certificate No. A28NM are
14 CFR part 25, as amended by Amendments 25-1 through 25-56, and
special conditions 25-ANM-23. In addition, the certification basis
includes certain special conditions, exemptions, or later amended
sections of the applicable part that are not relevant to these special
conditions.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Model A318, A319, A320, and A321
series airplanes because of a novel or unusual design feature, special
conditions are prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, or should any other model already included on
the same type certificate be modified to incorporate the same novel or
unusual design feature, the special conditions would also apply to the
other model.
    In addition to the applicable airworthiness regulations and special
conditions, the Model A318, A319, A320, and A321 series airplanes must
comply with the fuel vent and exhaust emission requirements of 14 CFR
part 34 and the noise certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Airbus Model A318, A319, and A320 series airplanes with
modification 160500 and Model A321 series airplanes with modification
160023 (Sharklet) will incorporate the following novel or unusual
design feature: Electronic flight controls that affect maneuvering.
    The current design roll maneuver requirement in 14 CFR part 25 is
inadequate for addressing an aircraft with electronic flight controls
that affect maneuvering. Special conditions are needed to adjust the
current roll maneuver requirement in Sec.  25.349(a) to take into
account the effects of an electronic flight control system.

Discussion

    Current part 25 airworthiness regulations account for control laws
for which aileron deflection is proportional to control stick
deflection. They do not address any nonlinearities or other effects on
aileron actuation that may be caused by electronic flight controls.
Since this type of system may affect flight loads, and therefore the
structural capability of the airplane, specific regulations are needed
to address these effects.
    These proposed special conditions differ from current requirements
in that they require that the roll maneuver be performed by actuation
of the cockpit roll control as opposed to the aileron itself. Also, the
proposed special conditions require an additional load condition at
VA, in which the cockpit roll control is returned to neutral
following the initial roll input.

Applicability

    As discussed above, these special conditions are applicable to the
Airbus Model A318, A319, A320 series airplanes with modification 160500
and Model A321 series airplanes with modification 160023 (Sharklet).
Should Airbus apply at a later date for a change to the type
certificate to include another model incorporating the same novel or
unusual design feature, the special conditions would apply to that
model as well.

Conclusion

    This action affects only certain novel or unusual design features
on the model series of airplanes listed above. It is not a rule of
general applicability.
    The substance of these special conditions has been subjected to the
notice and comment period in several prior instances and has been
derived without substantive change from those previously issued. It is
unlikely that prior public comment would result in a significant change
from the substance contained herein. Therefore, because a delay would
significantly affect the certification of the airplane, which is
imminent, the FAA has determined that prior public notice and comment
are unnecessary and impracticable, and good cause exists for adopting
these special conditions upon issuance. The FAA is requesting comments
to allow interested persons to submit views that may not have been
submitted in response to the prior opportunities for comment described
above.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Airbus Model A318, A319, and A320
series airplanes with modification 160500 and Model A321 with
modification 160023 (Sharklet) series airplanes.
    Design Roll Maneuver Conditions. The following conditions, speeds,
and cockpit roll control motions (except as the motions may be limited
by pilot effort) must be considered in combination with an airplane
load factor of zero and of two-thirds of the positive maneuvering
factor used in design. In determining the resulting control surface
deflections, the torsional flexibility of the wing must be considered
in accordance with Sec.  25.301(b):
    1. Conditions corresponding to steady rolling velocities must be
investigated. In addition, conditions corresponding to maximum angular
acceleration must be investigated for airplanes with engines or other
weight concentrations outboard of the fuselage. For the angular
acceleration conditions, zero rolling velocity may be assumed in the
absence of a rational time history investigation of the maneuver.
    2. At VA, sudden movement of the cockpit roll control up
to the limit is assumed. The position of the cockpit roll control must
be maintained until a steady roll rate is achieved and then must be
returned suddenly to the neutral position.
    3. At VC, the cockpit roll control must be moved
suddenly and maintained so as to achieve a roll rate not less than that
obtained in paragraph 2.
    4. At VD, the cockpit roll control must be moved
suddenly and maintained so as to achieve a roll rate not less than one
third of that obtained in paragraph 2.

    Issued in Renton, Washington, on October 11, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-25606 Filed 10-17-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: April 16, 2009 (Volume 74, Number 72)]
[Notices]
[Page 17706-17708]
[DOCID:fr16ap09-87]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59744; File No. SR-OC-2009-01]

Self-Regulatory Organizations; One Chicago, LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change Eliminating the
$3 Market Price Maintenance Standard

April 9, 2009.
    Pursuant to Section 19(b)(7) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-7 under the Act \2\ notice is hereby given
that on April 3, 2009, One Chicago, LLC (``OneChicago'' or
``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.
OneChicago also has filed the proposed rule change with the Commodity
Futures Trading Commission (``CFTC'') under Section 5c(c) of the
Commodity Exchange Act \3\ on February 27, 2009.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(7).
    \2\ 17 CFR 240.19b-7.
    \3\ 7 U.S.C. 7a-2(c).

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

I. Self-Regulatory Organization's Description of the Proposed Rule
Change

    OneChicago is proposing to amend Rule 906(b)(1)(E) to eliminate the
$3 market price per share requirement from the Exchange's requirements
for continued approval for an underlying security. All other provisions
and standards of the Rule will remain unchanged. A copy of this filing
is available on the Exchange's Web site at http://www.onechicago.com,
at the Exchange's principal office and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The purpose of this proposed rule change is to eliminate the $3
market price per share requirement from the Exchange's requirements for
maintenance standards for a security futures product (SFP) that is
physically settled by removing Rule 906(b)(1)(E). OC's rules require
that the market price per share of the underlying security has not
closed below $3 on the previous trading day to the Expiration Day of
the nearest expiring Contract on the underlying security. If the price
of an underlying security falls below $3, the Exchange can continue to
trade then-listed delivery months on that underlying security, but is
unable to list new delivery months.
    The Exchange believes that the $3 market price per share
requirement is no longer necessary or appropriate, and that only those
underlying securities meeting the remaining continued listing criteria
set forth in Rule 906 will be eligible for continued listing and the
listing of additional delivery months. The Exchange further believes
that the current $3 market price per share requirement could have a
negative effect on investors. For example, in the current volatile
market environment in which the market price for a large number of
securities has fallen below $3, the Exchange is unable to list new
delivery months on underlying securities trading below $3. If there is
market demand for such SFP the Exchange would be unable to accommodate
such requests and investors would be unable to hedge their positions
with new delivery months.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b)(5) of the
Act \4\ in that it is designed to prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
to protect investors and the public interest, and to remove impediments
to and perfect the mechanism for a free and open market and a national
market system. In particular, the proposed rule change will permit the
Exchange to list additional delivery months on underlying securities
even if the price of the underlying security is less than $3 thus
providing investors additional opportunities to hedge their positions.
Further, this proposed rule change is nearly identical to one recently
approved by the Commission.\5\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f (b)(5).
    \5\ See Securities Exchange Act Release No. 59336 (February 2,
2009) (Order Approving Proposal To Eliminate $3 Underlying Price
Requirement for Continued Listing and Listing of Additional Series).
---------------------------------------------------------------------------

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

    OneChicago does not believe that the proposed rule change will have
an impact on competition.

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

    Comments on the OneChicago proposed rule change have not been
solicited and none have been received.

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

    The proposed rule change has become effective on April 3, 2009. At
any time within 60 days of the date of effectiveness of the proposed
rule change, the Commission, after consultation with the CFTC, may
summarily abrogate the proposed rule change and require that the
proposed rule change be refilled in accordance with the provisions of
Section 19(b)(1) of the Act.\6\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(1).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-OC-2009-01 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-OC-2009-01. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-OC-2009-01 and should be
submitted on or before May 7, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

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

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E9-8658 Filed 4-15-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Notices]
[Pages 8842-8843]
[FR Doc No: 2023-02891]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL18-170-000]

DC Energy, LLC v. PJM Interconnection, L.L.C.; Notice of Request
for Comments

    On June 4, 2018, pursuant to sections 206 and 306 of the Federal
Power Act (FPA), and Rule 206 of the Commission's Rules of Practice and
Procedure, DC Energy, LLC (DC Energy) filed a complaint in the above
captioned proceeding alleging that PJM Interconnection, L.L.C.'s (PJM)
then-current collateral and minimum capitalization requirements for
Financial Transmission Rights auction participants were unjust and
unreasonable. On September 25, 2018, the Commission set the complaint
for paper hearing to determine whether, in light of the Commission's
acceptance of a volumetric credit requirement in Docket No. ER18-2090-
000, PJM's tariff was unjust and unreasonable, to aid in evaluating the
complaint.\1\
---------------------------------------------------------------------------

    \1\ DC Energy, LLC v. PJM Interconnection, L.L.C., 164 FERC ]
61,216 (2018).
---------------------------------------------------------------------------

    On November 9, 2018, as renewed on December 10, 2018, April 19,
2019, December 20, 2019, and July 6, 2020, PJM requested that the
Commission hold its proceedings in abeyance and allow additional time
for its stakeholder processes to continue to review and make revisions
to its credit

requirements. No party objected to holding the proceedings in abeyance.
    By this notice, the Commission requests comment regarding: (1)
whether issues remain outstanding in this proceeding; (2) what those
issues are; and (3) whether, if issues remain outstanding, the
Commission should continue to hold the complaint in abeyance in light
of any ongoing PJM stakeholder proceedings or for other reasons. If
there are no further outstanding issues in this proceeding, please
explain how each of the issues that were raised in this proceeding have
been addressed (e.g., through other filings the Commission has accepted
in the interim, etc.). Comments must be submitted on or before 30 days
from the date of this notice.
    Comments may be filed electronically via the internet.\2\
Instructions are available on the Commission's website http://www.ferc.gov/docs-filing/efiling.asp. For assistance, please contact
FERC Online Support at [email protected] or toll free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>. Although the Commission
strongly encourages electronic filing, documents may also be paper-
filed. To paper-file, submissions sent via the U.S. Postal Service must
be addressed to: Federal Energy Regulatory Commission, Office of the
Secretary, 888 First Street NE, Washington, DC 20426. Submissions sent
via any other carrier must be addressed to: Federal Energy Regulatory
Commission, Office of the Secretary, 12225 Wilkins Avenue, Rockville,
Maryland 20852.
---------------------------------------------------------------------------

    \2\ See 18 CFR 385.2001(a)(1)(iii) (2021).

    Dated: February 6, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-02891 Filed 2-9-23; 8:45 am]
BILLING CODE 6717-01-P