[Federal Register: December 8, 2009 (Volume 74, Number 234)]
[Notices]
[Page 64778-64779]
[DOCID:fr08de09-111]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61093; File No. SR-NASDAQ-2009-103]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify Fees for Members Using the NASDAQ Options Market

December 2, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 23, 2009, The NASDAQ Stock Market LLC (``NASDAQ'') 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 NASDAQ. Pursuant to Section 19(b)(3)(A)(ii)
of the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\ NASDAQ has
designated this proposal as establishing or changing a due, fee, or
other charge, which renders the proposed rule change effective upon
filing. The Commission is publishing this notice to solicit comments on
the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NASDAQ proposes to modify pricing for Nasdaq members using the
NASDAQ Options Market (``NOM''), Nasdaq's facility for the trading of
standardized equity and index options. Nasdaq will make the proposed
rule change effective on December 1, 2009. The text of the proposed
rule change is available at http://nasdaq.cchwallstreet.com, at
NASDAQ'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, NASDAQ included statements
concerning the purpose of and basis for the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. NASDAQ has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    Nasdaq is modifying NASDAQ Rule 7050, the fee schedule for NOM.
Specifically, Nasdaq is eliminating the charge of $0.05 per side per
executed contract which currently applies to all orders executed in the
opening cross.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\5\ in general, and with Section
6(b)(4) of the Act,\6\ in particular, in that it provides for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using any facility or system
which Nasdaq operates or controls.
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    \5\ 15 U.S.C. 78f(b) (sic).
    \6\ 15 U.S.C. 78f(b)(5) (sic).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. To the contrary,
Nasdaq notes that the options markets compete aggressively on the basis
of execution price and the elimination of the charge as proposed herein
is one part of Nasdaq's attempt to compete effectively.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \7\ and paragraph (f)(2) of Rule 19b-4 \8\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission may summarily abrogate 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.
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    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \8\ 17 CFR 240.19b-4(f)(2).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2009-103 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2009-103. 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 NASDAQ. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2009-103 and should
be submitted on or before December 29, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-29140 Filed 12-7-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Rules and Regulations]
[Pages 39389-39390]
[FR Doc No: 2012-16317]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 67

[Docket No. FAA-2012-0056; Amdt. No. 67-21]
RIN 2120-AK00

Removal of the Part 67 Requirement for Individuals Granted the
Special Issuance of a Medical Certificate to Carry Their Letter of
Authorization While Exercising Pilot Privileges; Confirmation of
Effective Date

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; confirmation of effective date.

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SUMMARY: This action confirms the effective date of the direct final
rule published on March 22, 2012. The rule removes a regulatory
provision under Federal Aviation Administration (FAA) medical
certification standards that requires individuals granted the Special
Issuance of a Medical Certificate (Authorization) to have their letter
of Authorization in their physical possession or readily accessible on
the aircraft while exercising pilot privileges.

DATES: The direct final rule becomes effective on July 20, 2012.

ADDRESSES: For information on where to obtain copies of rulemaking
documents and other information related to this action, see ``How To
Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION
section of this document.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this

action, contact Judi Citrenbaum, Office of Aerospace Medicine, Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    For legal questions concerning this action, contact Sabrina Jawed,
Office of the Chief Counsel, Regulations Division, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    Since 2008, Title 14, Code of Federal Regulations (14 CFR) Sec.
67.401(j) has required individuals granted the Special Issuance of a
Medical Certificate (Authorization) to have their letter of
Authorization in their physical possession or readily accessible in the
aircraft while exercising pilot privileges. The FAA published a direct
final rule on March 22, 2012 (77 FR 16664) to remove this provision for
several reasons. Namely, affected individuals find the standard
burdensome given that other longstanding FAA operational requirements
already mandate that pilots carry their medical certificate when
exercising pilot privileges. In addition, the FAA is not aware of any
individuals affected by the standard who have had to produce their
letter of Authorization for any civil aviation authorities during the
nearly 4-year period the rule has been in effect. In this regard, the
FAA identified this rulemaking action as burden-relieving under
Executive Order 13563 of January 18, 2011 entitled ``Improving
Regulation and Regulatory Review.''
    Once this rule becomes effective, Sec.  67.401(j) no longer will
apply. This means that the ``Note'' under the regulatory reference to
Sec.  67.401(j) listed under the ``Conditions of Issue'' on an
individual's existing FAA medical certificate no longer will be
necessary. This does not mean that the FAA needs or intends to re-issue
medical certificates. It will be acceptable for the FAA medical
certificate to reference this ``Note'' until an individual's medical
certificate is renewed. The FAA will begin using medical certificates
with updated ``Conditions of Issue'' that do not include reference to
the removed standard as soon as possible after July 20, 2012.

Discussion of Comments

    The FAA received nine supportive comments from individuals and one
supportive comment from the Air Line Pilots Association International
regarding this action. All of the commenters believe that this
regulation is unnecessary, and removing it would relieve affected
pilots of an undue burden.

Conclusion

    The FAA received no adverse comments in response to the direct
final rule ``Removal of the Part 67 Requirement for Individuals Granted
the Special Issuance of a Medical Certificate to Carry Their Letter of
Authorization While Exercising Pilot Privileges''. The FAA has
determined that no further rulemaking action is necessary. Therefore,
the rule is adopted as amendment 67-21 and becomes effective on July
20, 2012.

How To Obtain Additional Information

A. Rulemaking Documents

    An electronic copy of a rulemaking document my be obtained by using
the Internet --
    1. Search the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visit the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/ or
    3. Access the Government Printing Office's Web page at http://www.gpo.gov/fdsys.
    Copies may also be obtained by sending a request (identified by
notice, amendment, or docket number of this rulemaking) to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling<PHONE_NUMBER>.

B. Comments Submitted to the Docket

    Comments received may be viewed by going to http://www.regulations.gov and following the online instructions to search the
docket number for this action. Anyone is able to search the electronic
form of all comments received into any of the FAA's dockets by the name
of the individual submitting the comment (or signing the comment, if
submitted on behalf of an association, business, labor union, etc.).

    Issued in Washington, DC on June 6, 2012.
Frederick E. Tilton,
Federal Air Surgeon.
[FR Doc. 2012-16317 Filed 7-2-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Notices]
[Pages 50883-50885]
[FR Doc No: 2015-20652]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75714]

Designation of the Financial Industry Regulatory Authority To
Administer Professional Qualification Tests for Associated Persons of
Registered Municipal Advisors

AGENCY: Securities and Exchange Commission.

ACTION: Order.

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SUMMARY: The Commission is designating the Financial Industry
Regulatory Authority (``FINRA'') to administer professional
qualification tests for associated persons of registered municipal
advisors.

DATES: Effective Date: August 17, 2015.

FOR FURTHER INFORMATION CONTACT: Jessica Kane, Director; Rebecca Olsen,
Deputy Director; Mary Simpkins, Senior Special Counsel; Edward Fierro,
Attorney-Adviser; at<PHONE_NUMBER>, Office of Municipal Securities,
U.S. Securities and Exchange Commission, 100 F Street NE., Washington,
DC 20549-7010.

Discussion

    Section 975 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (``Dodd-Frank Act'') \1\ amended Section 15B of the
Securities Exchange Act of 1934 (``Exchange Act'') to, among other
things, make it unlawful for a municipal advisor to provide certain
advice to or on behalf of a municipal entity or obligated person with
respect to municipal financial products or the issuance of municipal
securities, or to undertake a solicitation of a municipal entity or
obligated person, unless the municipal advisor is registered with the
Commission.\2\ The registration requirement for municipal advisors
established by the Dodd-Frank Act became effective on October 1,
2010.\3\ On September 20, 2013, the Commission adopted the final rules
for the permanent registration of municipal advisors (the ``Final
Rules'').\4\ Municipal advisors were required to comply with the Final
Rules as of July 1, 2014, and to register with the Commission under the
Final Rules pursuant to a four-month phased-in compliance period, which
began on July 1, 2014.\5\
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    \1\ See Dodd-Frank Wall Street Reform and Consumer Protection
Act, Public Law 111-203, 124 Stat. 1376 (2010).
    \2\ See 15 U.S.C. 78o-4(a).
    \3\ See supra note 1.
    \4\ See Securities Exchange Act Release No. 70462 (September 20,
2013), 78 FR 67468 (November 12, 2013).
    \5\ See Securities Exchange Act Release No. 71288 (January 13,
2014), 79 FR 2777 (January 16, 2014).
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    Exchange Act Section 15B(b)(2) provides that the MSRB shall propose
and adopt rules to effect the purposes of the Exchange Act with respect
to, among other things, advice provided to or on behalf of municipal
entities or obligated persons by brokers, dealers, municipal securities
dealers, and municipal advisors with respect to municipal financial
products, the issuance of municipal securities, and solicitations of
municipal entities or obligated persons undertaken by brokers, dealers,
municipal securities dealers, and municipal advisors.\6\
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    \6\ See 15 U.S.C. 78o-4(b)(2).
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    Specifically, Exchange Act Section 15B(b)(2)(A) requires, among
other things, that the MSRB have rules that provide that no broker,
dealer, municipal securities dealer, or municipal advisor shall provide
advice to or on behalf of a municipal entity or obligated person with
respect to municipal financial products or the issuance of municipal
securities, unless, among other things, such municipal securities
broker or municipal securities dealer and every natural person
associated with such municipal securities broker or municipal
securities dealer meets such standards of training, experience,
competence, and such other qualifications as the MSRB finds necessary
or appropriate in the public interest or for the protection of
investors and municipal entities or obligated persons.\7\ Further,
Section 15B(b)(2)(A) provides that, in connection with the definition
and application of such standards, the MSRB may: (i) Appropriately
classify municipal securities brokers, municipal securities dealers,
and municipal advisors (taking into account certain relevant matters),
and persons associated with municipal securities brokers, municipal
securities dealers, and municipal advisors; (ii) specify that all or
any portion of such standards shall be applicable to any such class;
and (iii) require persons in any such class to pass tests administered
in accordance with Exchange Act Section 15B(c)(7).\8\
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    \7\ See 15 U.S.C. 78o-4(b)(2)(A).
    \8\ See id. MSRB Rule G-2 sets forth standards of professional
qualification and MSRB Rule G-3 sets forth professional
qualification requirements for municipal advisors and their
associated persons. See Securities Exchange Act Release No. 74384
(February 26, 2015), 80 FR 11706 (March 4, 2015). MSRB Rule G-3
includes two registration classifications for municipal advisors:
municipal advisor representative and municipal advisor principal.
See MSRB Rule G-3. Qualification as a municipal advisor
representative is a prerequisite to qualification as a municipal
advisor principal. See id. Under MSRB Rule G-3, a natural person
associated with a municipal advisor who engages in municipal
advisory activities on the municipal advisor's behalf (other than a
person performing only clerical, administrative, support or similar
functions) must take and pass the Municipal Advisor Representative
Qualification Examination prior to being qualified as a municipal
advisor representative. See MSRB Rule G-3(d). The MSRB developed a
content outline and specifications for the selection of examination
questions for the Municipal Advisor Representative Qualification
Examination, which were filed with the Commission on April 22, 2015
and became operative upon filing. See Securities Exchange Act
Release No. 74858 (May 1, 2015), 80 FR 26310 (May 7, 2015). The MSRB
will consider an examination for municipal advisor principals who
are engaged in the management, direction or supervision of municipal
advisory activities at a later date. See Securities Exchange Act
Release No. 73708 (December 1, 2014), 79 FR 72225 (December 5,
2014).
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    Exchange Act Section 15B(c)(7)(A) provides that the tests pursuant
to Section 15B(b)(2)(A)(iii) shall be administered by, or on behalf of,
the Commission or its designee, in the case of municipal advisors.\9\
The Commission designates FINRA to administer professional
qualification tests for associated persons of registered municipal
advisors who engage in municipal advisory activities or engage in the
management, direction or supervision of municipal advisory activities,
pursuant to the Commission's authority under Exchange Act Section
15B(c)(7)(A)(iii).\10\
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    \9\ See 15 U.S.C. 78o-4(c)(7)(A)(iii).
    \10\ The Dodd-Frank Act also amended Exchange Act Section 15B to
expressly provide that ``the Commission, or its designee, in the
case of municipal advisors,'' conduct periodic examinations pursuant
to Exchange Act Section 15B(b)(2)(E). See Exchange Act Section
15B(c)(7)(A). In the Final Rules, the Commission designated FINRA as
a designee to examine its members' activities as registered
municipal advisors and evaluate compliance by such members with
federal securities laws, Commission rules and regulations, and MSRB
rules applicable to municipal advisors. See Securities Exchange Act
Release No. 70462 (September 20, 2013), 78 FR 67468 (November 12,
2013).
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    The Commission notes that FINRA has responsibility to enforce
compliance by its members and persons associated with its members with
the rules of the MSRB \11\ and currently administers all professional
qualification tests developed, maintained, and owned by the MSRB, which
are intended to ensure that municipal professionals demonstrate a basic
competence in the subject matter related to the professional
qualification classification in compliance with MSRB professional
qualification requirement rules.\12\ FINRA currently has technical
systems and procedures in place for scheduling examinations, collecting
fees, administering examinations, and maintaining examination records
and testing centers operated by vendors located throughout the
country.\13\ In addition, FINRA has extensive experience in
administering

professional qualification tests for its broker-dealer members (which
include municipal securities brokers and dealers) and other securities
professionals.\14\ These qualification tests cover a broad range of
subjects on the markets, the securities industry and its regulatory
structure, including knowledge of FINRA rules and the rules of other
self-regulatory organizations, such as the MSRB.\15\
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    \11\ See 15 U.S.C. 78o-3(b)(2).
    \12\ See Securities Exchange Act Release No. 74561 (March 23,
2015), 80 FR 16485 (March 27, 2015). These professional
qualification tests are Series 51 (Municipal Fund Securities Limited
Principal Qualification Examination); Series 52 (Municipal
Securities Representative Qualification Examination); and Series 53
(Municipal Securities Principal Qualification Examination). The
Commission is responsible for oversight of FINRA and the MSRB to
ensure they comply with their respective rules and applicable
federal securities laws. See Exchange Act Section 19. FINRA and the
MSRB are also subject to various requirements under the Exchange
Act, including the requirements in Section 19(b) and Rule 19b-4
thereunder to file proposed rule changes with the Commission
(including proposed rule changes related to fees and professional
qualification standards and requirements). No proposed rule change
will take effect unless approved by the Commission or otherwise
permitted in accordance with the provisions of Exchange Act Section
19(b). See Exchange Act Section 19(b).
    \13\ See https://www.finra.org/industry/qualification-exams.
    \14\ See id. These professional qualification tests are Series 3
(National Commodities Futures Exam); Series 4 (Registered Options
Principal); Series 6 (Investment Company and Variable Contracts
Products Representative); Series 7 (General Securities
Representative Examination); Series 9 and 10 (General Securities
Sales Supervisor); Series 11 (Assistant Representative--Order
Processing Exam); Series 14 (Compliance Official Exam); Series 16
(Supervisory Analysts Exam); Series 17 (United Kingdom Securities
Representative); Series 22 (Direct Participation Representative);
Series 23 (General Securities Principal Exam--Sales Supervisor
Module); Series 24 (General Securities Principal); Series 26
(Investment Company and Variable Contracts Products Principal);
Series 27 (Financial and Operations Principal Exam); Series 28
(Introducing Broker-Dealer Financial and Operations Principal Exam);
Series 30 (NFA Branch Managers Exam); Series 31 (Futures Managed
Funds Exam); Series 32 (Limited Futures Exam--Regulations); Series
34 (Retail Off-Exchange Forex Exam); Series 37 (Canada Securities
Representative Exam); Series 38 (Canada Securities Representative
Exam); Series 39 (Direct Participation Programs Principal Exam);
Series 42 (Registered Options Representative); Series 55 (Equity
Trader Exam); Series 56 (Proprietary Trader Examination); Series 62
(Corporate Securities Representative Exam); Series 63 (Uniform
Securities State Law Examination); Series 65 (NASAA Investment
Advisors Law Examination); Series 66 (NASAA Uniform Combined State
Law Examination); Series 72 (Government Securities Representative
Exam); Series 79 (Investment Banking Representative Exam); Series 82
(Private Securities Offerings Representative Exam); Series 86 and 87
(Research Analyst Exam); Series 91 (FDIC Safety and Soundness
Technical Evaluation); Series 92 (FDIC Compliance Technical
Evaluation); Series 93 (FDIC Division of Resolutions and
Receiverships Technical Evaluation); and Series 99 (Operations
Professional Exam).
    \15\ Id.
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    IT IS THEREFORE ORDERED, pursuant to Exchange Act Section
15B(c)(7)(A), that FINRA is designated to administer professional
qualification tests for associated persons of registered municipal
advisors who engage in municipal advisory activities or engage in the
management, direction or supervision of municipal advisory activities.

    By the Commission.

    Dated: August 17, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-20652 Filed 8-20-15; 8:45 am]
 BILLING CODE 8011-01-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months or more to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to regular cigarettes. Quite simply, I firmly believe that they saved my life and my current health is in very good shape comparing to when I smoke combustible cigarettes was significantly worse. I wish that we never have to do this simply because with so many scientific studies in the past few years have shown that e-cigarettes have significantly less harmful then the 4000+ toxic that combustible cigarettes have.  To be honest, I believe that e cigarettes can save many lives from combustible cigarettes as well as second hand smoking.  As we all know, e cigarettes have substance called vegetable glycerin which hospitals around the world use to clean their air throughout the hospital.  I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.


[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Notices]
[Pages 59851-59852]
[FR Doc No: 2015-23370]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Application for Special Permits

AGENCY: Office of Hazardous Materials Safety, Pipeline and Hazardous
Materials Safety Administration, (PHMSA), DOT.

ACTION: List of Applications for Special Permits.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR part 107,
subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the application described herein. Each
mode of transportation for which a particular special permit is
requested is indicated by a number in the ``Nature of Application''
portion of the table below as follows: 1--Motor vehicle, 2--Rail
freight, 3--Cargo vessel, 4--Cargo aircraft only, 5--Passenger-carrying
aircraft.

DATES: Comments must be received on or before November 2, 2015.
    Address Comments To: Record Center, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation,
Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of
Hazardous Materials Approvals and Permits Division, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.
    Copies of the applications are available for inspection in the
Records Center, East Building, PHH-30, 1200 New Jersey Avenue
Southeast,

Washington DC or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on September 3, 2015.
Donald Burger,
Chief, General Approvals and Permits.

                                               New Special Permits
----------------------------------------------------------------------------------------------------------------
                                                                       Regulation(s)        Nature of special
         Application No.           Docket No.       Applicant             affected           permits thereof
----------------------------------------------------------------------------------------------------------------
16545-N.........................  ...........  Veolia ES Technical  49 CFR 173.21(b),    To authorize the
                                                Solutions, L.L.C.,   173.51, 173.54(a),   transportation in
                                                Lombard, IL.         173.56(b), 173.340.  commerce of certain
                                                                                riot control agents
                                                                                and fireworks to a
                                                                                disposal facility.
                                                                                (mode 1)
16549-N.........................  ...........  Special Devices,     49 CFR 172.320,      To authorize the
                                                Incorporated Mesa,   173.56(b).           transportation in
                                                AZ.                                       commerce of certain
                                                                                pyrotechnic articles
                                                                                classed as Division
                                                                                1.4S, UN0431, Articles
                                                                                pyrotechnic for
                                                                                technical purposes
                                                                                without being
                                                                                examined, classed, and
                                                                                approved under 49 CFR
                                                                                173.56(b). (modes 1,
                                                                                2, 3, 4)
16554-N.........................  ...........  Apple, Inc.,         49 CFR Subparts C    To authorize the
                                                Cupertino, CA.       through H of Part    transportation in
                                                                     172, 173.185(f).     commerce of recalled
                                                                                lithium ion batteries
                                                                                contained in equipment
                                                                                in retail packaging by
                                                                                motor vehicle. (mode
                                                                                1)
16558-N.........................  ...........  National             49 CFR               To authorize the
                                                Aeronautics and      173.185(c)(1)(iv),   transportation in
                                                Space                173.185(c)(4).       commerce of certain
                                                Administration,                           lithium metal
                                                Washington, DC.                           batteries contained in
                                                                                equipment in non-UN
                                                                                performance oriented
                                                                                packaging. (modes 1,
                                                                                4)
16559-N.........................  ...........  HTEC Hydrogen        49 CFR 173.302a....  To authorize the
                                                Technology &                              transportation in
                                                Energy                                    commerce of certain
                                                Corporation, North                        non-DOT specification
                                                Vancouver, BC,                            cylinders containing
                                                Canada.                                   compressed hydrogen.
                                                                                (mode 1)
16560-N.........................  ...........  LightSail Energy,    49 CFR 173.302a....  To authorize the
                                                Berkely, CA.                              manufacture, mark,
                                                                                sale and use of non-
                                                                                DOT specification
                                                                                cylinders used to
                                                                                transport certain non-
                                                                                liquefied compressed
                                                                                gases in commerce.
                                                                                (modes 1, 2, 3)
16563-N.........................  ...........  Call2Recycle, Inc.,  49 CFR Subparts C    To authorize the
                                                Atlanta, GA.         through H of Part    transportation in
                                                                     172, 173.185(f).     commerce of damaged or
                                                                                defective lithium ion
                                                                                cells and batteries
                                                                                and lithium metal
                                                                                cells and batteries
                                                                                and equipment
                                                                                containing these cells
                                                                                or batteries that
                                                                                originally met the
                                                                                requirements under 49
                                                                                CFR 173.185(c). (modes
                                                                                1, 2, 3)
16564-N.........................  ...........  Carrier              49 CFR               To authorize the
                                                Corporation,         173.306(e)(1)(i).    transportation in
                                                Charlotte, NC.                            commerce of new
                                                                                (unused) refrigerating
                                                                                machines containing up
                                                                                to 7,500 pounds of a
                                                                                Group Al refrigerant
                                                                                in each pressure
                                                                                vessel. (modes 1, 3)
16565-N.........................  ...........  Special Devices,     49 CFR 172.320,      To authorize the
                                                Incorporated,        173.56(b).           transportation in
                                                Mesa, AZ.                                 commerce of certain
                                                                                pyrotechnic actuators
                                                                                classed as Class 9
                                                                                hazardous materials.
                                                                                (modes 1, 2, 3, 4)
16567-N.........................  ...........  FM Global Research   49 CFR 173.185(f)..  To authorize the
                                                Campus, Glocester,                        transportation in
                                                RI.                                       commerce of certain
                                                                                damaged or defective
                                                                                lithium ion cells and
                                                                                batteries in
                                                                                alternative packaging.
                                                                                (mode 1)
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-23370 Filed 10-1-15; 8:45 am]
 BILLING CODE 4909-60-M


Comment Info: =================

General Comment:Monday May 12, 2014

Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent some time researching and dissecting these issues, but they take time and a lot of gathering of thoughts to be articulate and reasonable. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my and others' lives. I wish to provide you with my personal story some day and that of my mother if she allows.  I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am sure many others are responding in kind also.

Sincerely-

Elisa K. Mohrmann


The Motor Vehicle Manufacturing Industry Applying Aluminum Parts --

Leachable Mercury Data

Facility Name	City	State	Sample Date	Sample ID	Duplicate Indicator Constituent Name	Leachable Actual or Calculated	Analytical Method Leachable Result	Leachable Units	Leachable Non-Detect Indicator Leachable Detection Limit mg/L	Leachable Detection Limit Data Qualifier Description

Ford MI Truck/Wayne Integrated Stamping & Assembly	WAYNE	MI

Drum #4	N	mercury	actual

0.0002	mg/L

0.0008	J	The associated value is an estimated quantity.

GM Oklahoma City	OKLAHOMA CITY	OK	12/16/1997	OKL-S01-04	N	mercury	actual

0.484	mg/L

	JX	Estimate, one of the OWEP extractions was ND, final result conservatively calculated using the sample quantitation limit in the final calculation of mobile metals concentration.

GM Orion Assembly Center	LAKE ORION	MI	5/5/1999	99-06 WWTP #1	N	mercury actual

0.001	mg/L

0.0002

GM Pontiac East Plant	PONTIAC	MI

PE-7	N	mercury	actual

0.0004	mg/L

	J	Estimate

NOTES:

1.  As noted in cell R2, the leachable mercury result for sample OKL-S01-04 is an estimated value.

One of the OWEP extractions was ND, and the final result was "conservatively calculated using the

sample quantitation limit in the final calculation of mobile metals concentration."

2.  The leachable mercury concentration of 0.484 mg/L for sample OKL-S01-04

appears to be erroneous.  Inherent in the TCLP leaching test is a 20-fold dilution due

to extraction of 100 grams of sample with two liters of water in the procedure.  As such,

based on the corresponding total mercury concentration of 0.67 mg/kg, the maximum

leachable mercury concentration that could be extracted from this sample should be

1/20th of 0.67 mg/kg, or 0.033 mg/L.  Therefore, the above leachable results are

corrected as follows:

	Sample ID	Leachable Result

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

Drum #4	0.0002	mg/L

OKL-S01-04	0.033	mg/L	OKL-S01-04 excluded

99-06 WWTP #1	0.001	mg/L

PE-7	0.0004	mg/L

n 	3

	MAXIMUM	0.001

	MEAN	0.000533333

	MEDIAN	0.0004

	Std. Dev.	0.000416333

	90th Percentile	0.00088

	50th Percentile	0.0004