	EMPLOYMENT

(820 ILCS 225/) Health and Safety Act.

    (820 ILCS 225/.01) (from Ch. 48, par. 137.01)

    Sec. .01. As used in this Act:

    "Department" means the Department of Labor.

    "Director" means the Director of Labor.

    "Employee" means every person in the service of: the State,
including members of the General Assembly, members of the Illinois
Commerce Commission, members of the Workers' Compensation Commission,
and all persons in the service of the public universities and colleges
in Illinois; an Illinois county, including deputy sheriffs and assistant
State's attorneys; or an Illinois city, township, incorporated village
or school district, body politic, or municipal corporation; whether by
election, under appointment or contract, or hire, express or implied,
oral or written.

    "Public employer" or "employer" means the State of Illinois and
all political subdivisions.

(Source: P.A. 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K.01.htm"

    (820 ILCS 225/1) (from Ch. 48, par. 137.1)

    Sec. 1. The Department of Labor shall administer this Act.

(Source: P.A. 87-245.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K1.htm"

    (820 ILCS 225/2) (from Ch. 48, par. 137.2)

    Sec. 2. This Act shall apply to all public employers engaged in
any occupation in this State, and their employees, including the State
of Illinois and its employees and all political subdivisions and its
employees, except that nothing in this Act shall apply to working
conditions of employees with respect to which Federal agencies, and
State agencies acting under Section 274 of the Atomic Energy Act of
1954, as amended (42 U.S.C. 2021), exercise statutory authority to
prescribe or enforce standards or regulations affecting occupational
safety and health. Any regulations in excess of applicable Federal
standards shall, before being promulgated, be the subject of hearings as
required by this Act.

(Source: P.A. 94-477, eff. 1-1-06; 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K2.htm"

    (820 ILCS 225/3) (from Ch. 48, par. 137.3)

    Sec. 3. (a) It shall be the duty of every employer under this
Act to provide reasonable protection to the lives, health and safety and
to furnish to each of his employees employment and a place of employment
which are free from recognized hazards that are causing or are likely to
cause death or serious physical harm to his employees.

    (b) It shall be the duty of each employer under this Act to
comply with occupational health and safety standards promulgated under
this Act and the Safety Inspection and Education Act.

    (c) It shall be the duty of every employer to keep his employees
informed of their protections and obligations under this Act and the
Safety Inspection and Education Act, including the provisions of
applicable standards.

    (d) It shall be the duty of every employer to furnish its
employees with information regarding hazards in the work-place,
including information about suitable precautions, relevant symptoms and
emergency treatment.

    (e) It shall be the duty of every employee to comply with such
rules as are promulgated from time to time by the Director pursuant to
this Act or the Safety Inspection and Education Act, which are
applicable to his own actions and conduct.

    (f) The Director shall, from time to time, make, promulgate and
publish such reasonable rules as will effectuate such purposes. Such
rules shall be clear, plain and intelligible as to those affected
thereby and that which is required of them, and each such rule shall be,
by its terms, uniform and general in its application wherever the
subject matter of such rule shall exist in any worksite having public
employees, and which rules, when applicable to products which are
distributed or used in interstate commerce, are required by compelling
local conditions and do not unduly burden interstate commerce.

(Source: P.A. 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K3.htm"

    (820 ILCS 225/4) (from 820 ILCS 225/4, in part)

    Sec. 4. Records and reports; work-related deaths, injuries, and
illnesses.

    (a) The Director shall prescribe rules requiring employers to
maintain accurate records of, and to make reports on, work-related
deaths, injuries and illnesses, other than minor injuries requiring only
first aid treatment which do not involve medical treatment, loss of
consciousness, restriction of work or motion, or transfer to another
job. Such rules shall specifically include all of the reporting
provisions of Section 6 of the Workers' Compensation Act and Section 6
of the Workers' Occupational Diseases Act.

    (b) Such records shall be available to any State agency
requiring such information.

    (c) (Blank).

(Source: P.A. 94-477, eff. 1-1-06; 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K4.htm"

    (820 ILCS 225/4.1) (from 820 ILCS 225/4, in part)

    Sec. 4.1. Adoption of federal safety and health standards as
rules.

    (a) All federal occupational safety and health standards which
the United States Secretary of Labor has heretofore promulgated or
modified in accordance with the Federal Occupational Safety and Health
Act of 1970, shall be and are hereby made rules of the Director unless
the Director shall make, promulgate, and publish an alternate rule at
least as effective in providing safe and healthful employment and places
of employment as a federal standard. Prior to the development and
promulgation of alternate standards or the modification or revocation of
existing standards, the Director must consider factual information
including:

        (1) Expert technical knowledge.

        (2) Input from interested persons including

employers, employees, recognized standards-producing organizations, and
the public.

    (b) All federal occupational safety and health standards which
the United States Secretary of Labor shall hereafter promulgate, modify
or revoke in accordance with the Federal Occupational Safety and Health
Act of 1970 shall become the rules of the Department within 6 months
after their federal promulgation date, unless there shall have been in
effect in this State at the time of the promulgation, modification or
revocation of such rule an alternate State rule at least as effective in
providing safe and healthful employment and places of employment as a
federal standard. However, such rule shall not become effective until
the following requirement has been met:

        (1) The Department shall within 45 days after the

federal promulgation date of such rule, file with the office of the
Secretary of State in Springfield, Illinois, a certified copy of such
rule as provided in "The Illinois Administrative Procedure Act",
approved August 22, 1975, as amended.

        (2) (Blank).

    (c) The Director of Labor may promulgate emergency temporary
standards or rules to take effect immediately by filing such rule or
rules with the Illinois Secretary of State providing that the Director
of Labor shall first expressly determine:

        (1) that the employees are exposed to grave danger

from exposure to substances or agents determined to be toxic or
physically harmful or from new hazards; and

        (2) that such emergency standard is necessary to

protect employees from such danger.

    The Director of Labor shall adopt emergency temporary standards
promulgated by the federal Occupational Safety and Health Administration
within 30 days of federal notice. Such temporary emergency standards
shall be effective until superseded by a permanent standard but in no
event for more than 6 months from the date of its publication. The
publication of such temporary emergency standards shall be deemed to be
a petition to the Director of Labor for the promulgation of a permanent
standard and shall be deemed to be filed with the Director of Labor on
the date of its publication and the proceeding for the permanent
promulgation of the rule shall be pursued in accordance with the
provisions of this Act.

    (d)(1) Any standard promulgated under this Act shall prescribe
the use of labels or other appropriate forms of warning as are necessary
to ensure that employees are apprised of all hazards to which they are
exposed, relevant symptoms and appropriate emergency treatment, and
proper conditions and precautions of safe use or exposure.

    (2) Where appropriate, such standard shall also prescribe

suitable protective equipment and control or technological procedures to
be used in connection with such hazards and shall provide for monitoring
or measuring employee exposure at such locations and intervals, and in
such manner as may be necessary for the protection of employees.

    (3) In addition, where appropriate, any such standard

shall prescribe the type and frequency of medical examinations or other
tests which shall be made available, by the employer or at the
employer's cost, to employees exposed to such hazards in order to most
effectively determine whether the health of such employees is adversely
affected by such exposure. The results of such examinations or tests
shall be furnished by the employer only to the Department of Labor, or
at the direction of the Department to authorized medical personnel and
at the request of the employee to the employee's physician.

    (4) The Director of Labor, in promulgating standards

dealing with toxic materials or harmful physical agents under this
subsection, shall set the standard which most adequately ensures, to the
extent feasible, on the basis of the best available evidence, that no
employee will suffer material impairment of health or functional
capacity even if such employee has regular exposure to the hazard dealt
with by such standard for the period of the employee's working life.

    (5) Development of standards under this subsection shall

be based upon research, demonstrations, experiments, and such other
information as may be appropriate. In addition to the attainment of the
highest degree of health and safety protection for the employee, other
considerations shall be the latest available scientific data in the
field, the feasibility of the standards, and experience gained under
this and other health and safety laws. Whenever practicable, the
standard promulgated shall be expressed in terms of objective criteria
and of the performance desired.

(Source: P.A. 94-477, eff. 1-1-06; 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K4.1.htm"

    (820 ILCS 225/4.2) (from 820 ILCS 225/4, in part)

    Sec. 4.2. Variances.

    (a) The Director of Labor has the authority to grant either
temporary or permanent variances from any of the State standards upon
application by a public employer. Any variance from a State health and
safety standard may have only future effect.

    (b) Any public employer may apply to the Director of Labor for a
temporary order granting a variance from a standard or any provision
thereof promulgated under this Act or the Safety Inspection and
Education Act.

        (1) Such temporary order shall be granted only if the

employer files an application which meets the requirements of this
subsection (b) and establishes:

            (A) that he is unable to comply with a standard

by its effective date because of unavailability of professional or
technical personnel or of materials and equipment needed to come into
compliance with the standard or because necessary construction or
alteration of facilities cannot be completed by the effective date;

            (B) that he is taking all available steps to

safeguard his employees against the hazards covered by the standard; and

            (C) that he has an effective program for coming

into compliance with a standard as quickly as practicable.

        Any temporary order issued under this Section shall

prescribe the practices, means, methods, operations and processes which
the employer must adopt and use while the order is in effect and state
in detail his program for coming into compliance with the standard.

        (2) Such a temporary order may be granted only after

notice to employees and an opportunity for a hearing. However, in cases
involving only documentary evidence in support of the application for a
temporary variance and in which no objection is made or hearing
requested by the employees or their representative, the Director of
Labor may issue a temporary variance in accordance with this Act.

        (3) In the event the application is contested or a

hearing requested, the application shall be heard and determined by the
Director.

        (4) No order for a temporary variance may be in

effect for longer than the period needed by the employer to achieve
compliance with the standard or one year, whichever is shorter, except
that such an order may be renewed not more than twice, so long as the
requirements of this paragraph are met and if an application for renewal
is filed at least 90 days prior to the expiration date of the order. No
interim renewal of an order may remain in effect for longer than 180
days.

        (5) An application for a temporary order as herein

provided shall contain:

            (A) a specification of the standard or portion

thereof from which the employer seeks a variance;

            (B) a representation by the employer, supported

by representations from qualified persons having first-hand knowledge of
the facts represented, that he is unable to comply with a standard or
portion thereof and a detailed statement of the reasons therefor;

            (C) a statement of the steps he has taken and

will take (with specific dates) to protect employees against a hazard
covered by the standard;

            (D) a statement of when he expects to be able to

comply with the standard (with dates specified); and

            (E) a certification that he has informed his

employees of the application by giving a copy thereof to their
authorized representatives, posting a statement at the place or places
where notices to employees are normally posted, summarizing the
application and specifying where a copy may be examined, and by other
appropriate means.

        A description of how employees have been informed

shall be contained in the certification. The information to employees
shall also inform them of their right to petition the Director for a
hearing.

        (6) The Director of Labor is authorized to grant a

variance from any standard or portion thereof whenever the Director of
Labor determines that such variance is necessary to permit an employer
to participate in an experiment approved by the Director of Labor
designed to demonstrate or validate new and improved techniques to
safeguard the health or safety of workers.

    (c) Any affected employer may apply to the Director of Labor for
a rule or order for a permanent variance from a standard or rule
promulgated under this Act or the Safety Inspection and Education Act.
Affected employees shall be given notice of each such application and an
opportunity to participate in a hearing. The Director of Labor shall
issue such rule or order if he determines on the record, after
opportunity for an inspection where appropriate and a hearing, that the
proponent of the variance has demonstrated by a preponderance of the
evidence that the conditions, practices, means, methods, operations or
processes used or proposed to be used by an employer will provide
employment and places of employment to his employees which are as safe
and healthful as those which would prevail if he complied with the
standard. The rule or order so issued shall prescribe the conditions the
employer must maintain, and the practices, means, methods, operations,
and processes which he must adopt and utilize to the extent they differ
from the standard in question. Such a rule or order may be modified or
revoked upon application by an employer, employees, or the Director of
Labor on his own motion, in the manner prescribed for its issuance under
this Section at any time after 6 months from its issuance.

(Source: P.A. 94-477, eff. 1-1-06; 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K4.2.htm"

    (820 ILCS 225/5) (from Ch. 48, par. 137.5)

    Sec. 5. Such rules of the Director of Labor shall have the force
and effect of law.

(Source: P.A. 87-245.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K5.htm"

    (820 ILCS 225/5.1) (from Ch. 48, par. 137.5-1)

    Sec. 5.1. Exemption from civil liability for providing emergency
medical or first aid care. Exemption from civil liability for emergency
medical or first aid care is as provided in the Good Samaritan Act.

(Source: P.A. 89-607, eff. 1-1-97.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K5.1.htm"

    (820 ILCS 225/7) (from Ch. 48, par. 137.7)

    Sec. 7. Rulemaking proceedings. The Director of Labor may, on
his own initiative, or upon written petition, make, modify or repeal any
rule or rules as provided in this Act, conforming with the procedure
prescribed in this Act or the Safety Inspection and Education Act.

(Source: P.A. 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.htm"

    (820 ILCS 225/7.01) (from Ch. 48, par. 137.7-01)

    Sec. 7.01. If the Director of Labor resolves to institute such
proceedings, he shall propose a rule stating in simple terms the subject
matter and purpose of such hearing, and shall place such rule on file
with the Illinois Secretary of State in the Illinois Register, and the
matter shall proceed to hearing and disposition upon such rule as
hereinafter provided.

(Source: P.A. 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.01.htm"

    (820 ILCS 225/7.02) (from Ch. 48, par. 137.7-02)

    Sec. 7.02. Every petition for hearing upon rules filed with the
Director of Labor shall state, in simple terms, the subject matter and
purpose for which such hearing is requested. Such petition shall be
signed by a minimum of 5 public employees or 5 public employers. When
such a petition is filed, the matter shall proceed to hearing and
disposition upon such petition as hereinafter provided.

(Source: P.A. 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.02.htm"

    (820 ILCS 225/7.03) (from Ch. 48, par. 137.7-03)

    Sec. 7.03. The Director of Labor may, on his own motion, or the
motion of any interested party, consolidate for joint hearing and joint
disposition, any number of pending rules and petitions on related
subject matters, but the provisions of this Act as to notice of hearing
shall be complied with as to each petition or rule so consolidated.

(Source: P.A. 87-245.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.03.htm"

    (820 ILCS 225/7.04) (from Ch. 48, par. 137.7-04)

    Sec. 7.04. When the Director of Labor on his own initiative
determines to consider any rule or rules, or when such a petition is
filed, the Director shall set a date for a public hearing on such cause,
not less than 30 nor more than 90 days after the date of the proposed
rule by the Director of his intention to proceed on his own initiative,
or after the filing of a petition, as the case may be.

(Source: P.A. 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.04.htm"

    (820 ILCS 225/7.05) (from Ch. 48, par. 137.7-05)

    Sec. 7.05. Notice of such hearing shall be given at least 30
days prior to the date of the hearing by publication in a newspaper of
general circulation within the county in which the hearing is to be
held, in the Illinois Register, and by mailing notice thereof to any
employer, and to any association of public employers and to any
association of public employees who have filed with the Director of
Labor their names and addresses, requesting notice of such hearings. The
notice of hearing shall state the time, place and subject matter of the
hearing.

(Source: P.A. 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.05.htm"

    (820 ILCS 225/7.06) (from Ch. 48, par. 137.7-06)

    Sec. 7.06. Hearings shall be held in places reasonably
convenient to the persons affected.

    At any such hearing, any interested party may submit any
evidence pertinent to the subject matter of the hearing.

    The Director of Labor or his designee may administer oaths in
connection with any proceeding under this Act.

(Source: P.A. 87-245.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.06.htm"

    (820 ILCS 225/7.07) (from Ch. 48, par. 137.7-07)

    Sec. 7.07. Upon the conclusion of the hearing, the Director of
Labor shall enter in writing, his decision upon the subject matter of
such hearing. Copies of the decision, rule, or rules shall be mailed to
interested parties whose names are on file with the Director of Labor,
as hereinbefore provided, and a certified copy thereof shall be filed in
the office of the Secretary of State at Springfield to be published in
the Illinois Register.

(Source: P.A. 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.07.htm"

    (820 ILCS 225/7.08) (from Ch. 48, par. 137.7-08)

    Sec. 7.08. Within 30 days after the entry of a decision, rule or
rules by the Director of Labor, the Director may correct, modify or
vacate such decision, rule or rules on his own motion, or upon written
objection. Within such 30 days, any person affected thereby may object
in writing to the decision, rule or rules entered by the Director of
Labor, stating the specific grounds of his objection. The Director of
Labor, in his discretion, may or may not act upon said objection.

(Source: P.A. 87-245.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.08.htm"

    (820 ILCS 225/7.09) (from Ch. 48, par. 137.7-09)

    Sec. 7.09. Any person affected thereby, whether or not such
person participated in the previous proceedings, may within 90 days
after a decision, rule or rules is entered by the Director of Labor,
file a praecipe for a writ of certiorari in the circuit court of the
county in which the subject matter of the hearing is situated, or, if
the subject matter is situated in more than one county, then in any one
of such counties for the purpose of having the reasonableness or
lawfulness of the decision, rule or rules reviewed.

    Upon filing of such praecipe, writ of certiorari shall issue
directed to the Director of Labor, returnable on a designated return
date not less than 10 nor more than 60 days from the issuance thereof.

    The person or the parties filing the praecipe for writ of
certiorari, or other interested parties, shall, on or before the return
date as fixed, file in the office of the clerk of the court out of which
said writ issued, specific grounds of objection to the particular
decision, rule or rules sought to be reviewed.

    Service of such writ of certiorari shall be had by serving a
copy upon the Director of Labor.

(Source: P.A. 87-245.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.09.htm"

    (820 ILCS 225/7.10) (from Ch. 48, par. 137.7-10)

    Sec. 7.10. The Director of Labor shall certify the record of the
proceedings to the court. For the purpose of a writ of certiorari, the
record of the Director of Labor shall consist of a transcript of all
testimony taken at the hearing, together with all exhibits, or copies
thereof, introduced in evidence, and all information secured by the
Director of Labor on his own initiative which was introduced in evidence
at the hearing; a copy of the rule or petition filed with the Director
of Labor and a copy of the decision filed in the cause, together with
all objections filed with the Director of Labor, if any.

(Source: P.A. 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.10.htm"

    (820 ILCS 225/7.11) (from Ch. 48, par. 137.7-11)

    Sec. 7.11. On such certiorari proceedings, the court may confirm
or reverse the decision as a whole, or may reverse and remand the
decision as a whole, or may confirm any of the rules contained in such
decision, and reverse or reverse and remand with respect to other rules
in said decision. The order of the court shall be a final and appealable
order except as to such portion of the decision of the Director, or as
to such rule or rules therein as may be remanded by the court.

    The purpose of any such remanding order shall be for the further
consideration of the subject matter of the particular decision, rule or
rules remanded.

(Source: P.A. 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.11.htm"

    (820 ILCS 225/7.12) (from Ch. 48, par. 137.7-12)

    Sec. 7.12. No new or additional evidence may be introduced in
the court in such proceeding but the cause shall be heard on the record
of the Director of Labor as certified by him. The court shall review all
questions of law and fact presented by such record, and shall review
questions of fact in the same manner as questions of fact are reviewed
by the court to determine the reasonableness or lawfulness of the
decision.

(Source: P.A. 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.12.htm"

    (820 ILCS 225/7.13) (from Ch. 48, par. 137.7-13)

    Sec. 7.13. The court first acquiring jurisdiction by virtue of
the filing of a praecipe for writ of certiorari seeking to review any
decision, rule or rules of the Director of Labor, shall have and retain
jurisdiction of such review and of all other reviews from the same
decision, rule or rules until such review is disposed of in said court.

(Source: P.A. 87-245.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.13.htm"

    (820 ILCS 225/7.14) (from Ch. 48, par. 137.7-14)

    Sec. 7.14. Any person who subsequently, and within the time
herein provided, has filed praecipe for writ of certiorari, may
intervene in said original cause in whatever county it may be pending by
making a proper showing.

(Source: Laws 1967, p. 3855.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.14.htm"

    (820 ILCS 225/7.15) (from Ch. 48, par. 137.7-15)

    Sec. 7.15. The Director of Labor, in making return to any writ
of certiorari where praecipe is filed subsequent to the first praecipe
involving the same subject matter, shall file as his return, a statement
that the record has theretofore been filed, or is about to be filed, in
response to the first praecipe theretofore filed.

    At the time of making such subsequent return, the Director of
Labor shall mail to the attorneys whose names appear on the writ as
attorneys for the petitioner therein, a true copy of such return filed
with the court, which return shall state the county in which the first
praecipe has been filed, the title and number of the case, and the
return date of the first writ of certiorari. Any party filing such
subsequent praecipe for writ of certiorari may intervene in the original
proceeding or shall be foreclosed by the decision thereon.

    Such intervenor shall be a party to the proceeding to the same
extent as the party who had filed the first praecipe, and may raise any
additional question with respect to the subject matter by filing his
specific objections in the court within such time as the court may
direct.

(Source: P.A. 87-245.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.15.htm"

    (820 ILCS 225/7.16) (from Ch. 48, par. 137.7-16)

    Sec. 7.16. Appeals from all final orders and judgments entered
by the court in review of the decision, rule or rules of the Director of
Labor, may be taken as appeals in other civil cases.

(Source: P.A. 87-245.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.16.htm"

    (820 ILCS 225/7.17) (from Ch. 48, par. 137.7-17)

    Sec. 7.17. Any proceeding in any court affecting a decision,
rule or rules of the Director of Labor, shall have priority in hearing
and determination over all other civil proceedings except election
contests.

(Source: P.A. 87-245.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.17.htm"

    (820 ILCS 225/7.18) (from Ch. 48, par. 137.7-18)

    Sec. 7.18. In all reviews or appeals under this Act or the
Safety Inspection and Education Act, it is the duty of the Attorney
General to represent the Director and defend his decisions and rules.

(Source: P.A. 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K7.18.htm"

    (820 ILCS 225/8) (from Ch. 48, par. 137.8)

    Sec. 8. The Director shall, in his decision, rule or rules, fix
the effective date thereof; any such decision, rule or rules shall not
become effective during the pendency of any proceedings for review or
appeal thereof instituted pursuant to the provisions of this Act in
which case such decision, rule or rules shall not become effective until
such review or appeal, including appeal to the Supreme Court, if any,
has been disposed of by final order and the mandate shall have been
filed with the Director, and until a period of time has elapsed after
the filing of such mandate equal to the period of time between the date
of the entry of such decision, rule or rules by the Director and the
effective date as originally fixed by the Director.

(Source: P.A. 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K8.htm"

    (820 ILCS 225/9) (from Ch. 48, par. 137.9)

    Sec. 9. The Director of Labor under the Illinois Administrative
Procedure Act shall make and publish rules as to his practice and
procedure in carrying out the duties imposed upon the Department of
Labor by this Act or the Safety Inspection and Education Act, which
rules shall be deemed prima facie, reasonable and valid.

(Source: P.A. 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K9.htm"

    (820 ILCS 225/10) (from Ch. 48, par. 137.10)

    Sec. 10. The owner, operator, manager or lessee of any place
affected by the provisions of this Act and his agent, superintendent,
subordinate or employee, and any employer affected by such provisions,
shall, when requested by the Director of Labor or his duly authorized
agent, furnish any information in his possession or under his control,
which the Director of Labor is authorized to require; shall answer
truthfully all questions required to be put to him; shall admit the
Director of Labor or his duly authorized representative to any place of
employment which is affected by the provisions of this Act for the
purpose of making inspection, and shall cooperate in the making of a
proper inspection.

(Source: P.A. 87-245.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K10.htm"

    (820 ILCS 225/11) (from Ch. 48, par. 137.11)

    Sec. 11. The Director of Labor or his designee shall have power:

    (a) To issue subpoenas for and compel the attendance of
witnesses and the production of pertinent books, papers, documents or
other evidence.

    (b) To hear testimony and receive evidence and to take or cause
to be taken, depositions of witnesses residing within or without this
State in the manner prescribed by law for depositions in civil cases in
the circuit court. Subpoenas and commissions to take testimony shall be
under seal of the Director of Labor.

    (c) Service of subpoenas may be made by any sheriff or any other
person. The circuit court for the county where any hearing is pending,
upon application of the Director of Labor, or his designee, may, in his
discretion, compel the attendance of witnesses, the production of
pertinent books, papers, records or documents and the giving of
testimony before the Director of Labor or his designee, by an attachment
proceedings, as for contempt, in the same manner as the production of
evidence may be compelled before the court.

(Source: P.A. 87-245.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K11.htm"

    (820 ILCS 225/12) (from Ch. 48, par. 137.12)

    Sec. 12. The Director of Labor shall make an annual report of
his work under the provisions of this Act and the Safety Inspection and
Education Act to the Governor on or before the first day of February of
each year; and a biennial report to the Legislature on or before the
first day of February of each odd-numbered year.

(Source: P.A. 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K12.htm"

    (820 ILCS 225/13) (from Ch. 48, par. 137.13)

    Sec. 13. All notices, orders, decisions, rules and other
official action shall be in the name of the Director of Labor.

(Source: P.A. 87-245.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K13.htm"

    (820 ILCS 225/14) (from Ch. 48, par. 137.14)

    Sec. 14. The Director of Labor shall keep a full and complete
record of all proceedings had before him or any of his designees, and
all testimony shall be transcribed into written form. The Director shall
also keep records which will enable any employer, employee or their
agents, to determine all action taken by the Director with respect to
the subject matter in which such employer and employee is interested.
Such records shall be purged of personal data that is otherwise required
to be held confidential, and the remaining records shall be open to
public inspection.

(Source: P.A. 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K14.htm"

    (820 ILCS 225/15) (from Ch. 48, par. 137.15)

    Sec. 15. The Director of Labor shall publish on a regular basis,
in printed form, all of the rules made pursuant to this Act and the
Safety Inspection and Education Act which are in full force and effect
at the time of such publication.

(Source: P.A. 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K15.htm"

    (820 ILCS 225/16) (from Ch. 48, par. 137.16)

    Sec. 16. The record required to be furnished by the Director of
Labor as a return to the writ of certiorari shall be furnished by the
Director of Labor without cost. In any appeal from the decision of the
circuit court to the Supreme Court under this Act, the clerk of such
circuit court in making up the record for use in the Supreme Court,
shall incorporate therein the original transcript filed by the Director
of Labor in such circuit court as a return to writ of certiorari, in
lieu of a copy thereof.

(Source: P.A. 87-245.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K16.htm"

    (820 ILCS 225/17) (from Ch. 48, par. 137.17)

    Sec. 17. (a) It shall be the duty of the Department of Labor to
enforce the rules of the Director of Labor promulgated by virtue of this
Act and the Safety Inspection and Education Act.

    (b) Any employees or representatives of them who believe that a
violation of a safety or health standard exists that threatens physical
harm, or that an imminent danger exists, upon which the Department of
Labor has failed to issue a notice of violation or take another
enforcement action within a reasonable time after a complaint has been
made to the Department of Labor may request a hearing before the
Director of Labor by filing a written petition, setting forth the
details and providing a copy to the employer or his agent. The Attorney
General or state's attorney upon request of the Director of Labor shall
prosecute any violation of any law which probable cause shall be
determined to exist after hearing on the aforesaid petition.

(Source: P.A. 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K17.htm"

    (820 ILCS 225/19) (from Ch. 48, par. 137.19)

    Sec. 19. This Act shall be known and may be cited as the "Health
and Safety Act."

(Source: Laws 1935-36, Third Sp.Sess., p. 33.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K19.htm"

    (820 ILCS 225/20) (from Ch. 48, par. 137.20)

    Sec. 20. "An Act to provide for the health, safety and comfort
of employees in factories, mercantile establishments, mills and
workshops in this State, and to provide for the enforcement thereof, and
to repeal an Act entitled, 'An Act to provide for the health, safety and
comfort of employees in factories, mercantile establishments, mills and
workshops in this State, and to provide for the enforcement thereof,'
approved June 4, 1909," approved June 29, 1915, as amended, is repealed,
such repeal to take effect March 1, 1938. If, however, the Industrial
Commission shall make any rules pursuant to Section 4 of this Act, and
it is designated in such rule that it is to replace any section or part
of the said Act, and such rule becomes effective prior to March 1, 1938,
then such section or part of the said Act shall replace such provision
of the statute designated in such rule upon the effective date of said
rule of the Industrial Commission, and Section 4 of "An Act in relation
to employments creating poisonous fumes or dust in harmful quantities,
and to provide for the enforcement thereof," approved June 29, 1915, is
repealed, such repeal to take effect October 1, 1936; and "An Act
providing for the reporting, compiling and publishing of information
concerning accidents to and deaths by accidents of employes," approved
May 24, 1907, is repealed, such repeal to take effect upon the passage
of this Act.

(Source: P.A. 84-1438.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K20.htm"

    (820 ILCS 225/21) (from Ch. 48, par. 137.21)

    Sec. 21. No repeal of any act herein contained shall extinguish
or in any way affect any right of action thereunder, existing at the
time this Act takes effect.

(Source: Laws 1935-36, Third Sp.Sess., p. 33.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K21.htm"

    (820 ILCS 225/22) (from Ch. 48, par. 137.22)

    Sec. 22. All information reported to or otherwise obtained by
the Director of Labor or his authorized representative in connection
with any inspection or proceeding under this Act or the Safety
Inspection and Education Act which contains or might reveal a trade
secret shall be considered confidential, except that such information
may be disclosed confidentially to other officers or employees concerned
with carrying out this Act or the Safety Inspection and Education Act or
when relevant to any proceeding under this Act or the Safety Inspection
and Education Act. In any such proceeding, the Director of Labor or the
court shall issue such orders as may be appropriate, including the
impoundment of files, or portions of files, to protect the
confidentiality of trade secrets.

    Any person who shall violate the confidentiality of trade
secrets is guilty of a Class B misdemeanor.

(Source: P.A. 95-623, eff. 9-17-07.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K22.htm"

    (820 ILCS 225/23) (from Ch. 48, par. 137.23)

    Sec. 23. Nothing in this Act shall be construed to supersede or
in any manner affect any workers' compensation or occupational diseases
law or any other common law or statutory rights, duties or liabilities,
or create any private right of action.

(Source: P.A. 81-992.)

  HYPERLINK
"http://www.ilga.gov/legislation/ilcs/documents/082002250K23.htm"


[Federal Register Volume 79, Number 133 (Friday, July 11, 2014)]
[Notices]
[Pages 40177-40182]
[FR Doc No: 2014-16193]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72550; File No. SR-OCC-2014-802]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of No Objection to Advance Notice Filing Concerning the
Consolidation of the Governance Committee and Nominating Committee Into
a Single Committee, Changes to the Nominating Process for Directors,
and Increasing the Number of Public Directors on The Options Clearing
Corporation's Board of Directors

July 7, 2014.
    On May 8, 2014, The Options Clearing Corporation (``OCC'') filed
with the Securities and Exchange Commission (``Commission'') advance
notice SR-OCC-2014-802 (``Advance Notice'') pursuant to Section
806(e)(1) of the Payment, Clearing, and Settlement Supervision Act of
2010 (``Clearing Supervision Act'' or ``Title VIII'') \1\ and Rule 19b-
4(n)(1)(i) under the Securities Exchange Act of 1934 (``Exchange
Act'').\2\ The Advance Notice was published for comment in the Federal
Register on June 3, 2014.\3\ The Commission did not receive any
comments on the Advance Notice publication. This publication serves as
a notice of no objection to the Advance Notice.
---------------------------------------------------------------------------

    \1\ 12 U.S.C. 5465(e)(1).
    \2\ 17 CFR 240.19b-4(n)(1)(i). OCC is a designated financial
market utility and is required to file advance notices with the
Commission. See 12 U.S.C. 5465(e). OCC also filed the proposal
contained in the Advance Notice as a proposed rule change under
Section 19(b)(1) of the Exchange Act and Rule 19b-4 thereunder. See
SR-OCC-2014-09. The Commission published notice of the proposed rule
change in the Federal Register on May 30, 2014 and did not receive
any comments on the proposal. See Exchange Act Release No. 34-72242
(May 23, 2014), 79 FR 31166 (May 30, 2014) (SR-OCC-2014-09).
    \3\ Release No. 34-72268 (May 28, 2014), 79 FR 31998 (June 3,
2014) (SR-OCC-2014-802) (``Notice'').
---------------------------------------------------------------------------

I. Description of the Advance Notice

    OCC is proposing to: (i) amend its By-Laws and Governance Committee
Charter to combine the current Nominating Committee (``NC'') and
Governance Committee (``GC'') to establish a single Governance and
Nominating Committee (``GNC''), (ii) make changes concerning OCC's
nomination process for Directors, and (iii) increase the number of
Public Directors on OCC's Board of Directors (``Board'') from three to
five. The proposed modifications are based on recommendations from the
GC in the course of carrying out its mandate of

reviewing the overall corporate governance of OCC and recommending
improvements to the structure of OCC's Board. In part, the GC's
recommendations stem from suggestions of an outside consultant that was
retained to review and report on OCC's governance structure in
relationship to industry governance practices. To conform to these
proposed changes, OCC is also proposing to make certain edits to its
Stockholders Agreement, Board of Directors Charter, and Fitness
Standards for Directors.
    Currently, the GC operates pursuant to its own Charter.\4\ The NC
is not a Board level Committee and does not operate pursuant to a
charter; however, provisions in Article III of OCC's By-Laws prescribe
certain aspects of the NC's structure and operation. OCC is proposing
to apply to the GNC many of the existing provisions of the relevant By-
Laws and GC Charter that apply to the NC and GC. Where OCC is proposing
amendments to the existing By-Laws and GC Charter, they are discussed
below.
---------------------------------------------------------------------------

    \4\ Securities Exchange Act Release Nos. 71030 (Dec. 11, 2013),
78 FR 7612 (Dec. 16, 2013) (SR-OCC-2013-18); 71083 (Dec. 16, 2013),
78 FR 77182 (Dec. 20, 2013) (SR-OCC-2013-807).
---------------------------------------------------------------------------

    Certain provisions of Article III of OCC's By-Laws govern the role
the NC plays in nominating persons as Member Directors \5\ on OCC's
Board as well as the composition and structure of the NC itself. The NC
is required to endeavor to achieve balanced representation in its
Member Director and Non-Director Member nominees, giving due
consideration to business activities and geographic distribution.
---------------------------------------------------------------------------

    \5\ Under Article III, Section 2 every Member Director must be
either a Clearing Member or a representative of a Clearing Member
Organization.
---------------------------------------------------------------------------

    Presently, the NC is composed of seven total members: one Public
Director and six Non-Director Members.\6\ The Public Director member,
who is nominated by the Executive Chairman with the approval of a
majority of the Board, generally serves a three year term, unless she
ceases to be a Public Director. The six Non-Director Members nominated
by the NC and selected by OCC's stockholders are divided into two equal
classes of three members, and the classes serve staggered two year
terms.\7\ By comparison, the GC Charter requires the current GC to have
no fewer than five directors and to include at least one Public
Director, at least one Exchange Director, and at least one Member
Director. It also provides that no Management Directors may serve on
the Committee.
---------------------------------------------------------------------------

    \6\ Under Sections 4 and 5 of Article III, a Non-Director Member
of the NC must be a representative of a Clearing Member and no
person associated with the same Clearing Member Organization as a
member of the NC may be nominated by the NC for a position as a
Member Director on the Board of Directors or a Non-Director Member
of the NC for the ensuing year.
    \7\ This tiered structure eliminated the complete turnover of
the members of the NC each year and fostered greater continuity
among its elected members. Securities Exchange Act Release No. 29437
(July 12, 1991), 56 FR 33319 (July 19, 1991) (SR-OCC-91-11).
---------------------------------------------------------------------------

    OCC's Board currently has 19 members consisting of nine Member
Directors, five Exchange Directors, three Public Directors, and two
Management Directors.\8\ Based on recommendations from the GC in the
course of review of OCC's overall corporate governance, OCC is
proposing certain amendments detailed below to merge OCC's NC and GC
into a single GNC and increase the number of Public Directors from
three to five.
---------------------------------------------------------------------------

    \8\ Public Directors may not be affiliated with any national
securities exchange or national securities association or any broker
or dealer in securities, and OCC's Executive Chairman and President,
who are Management Directors. See OCC By-Laws Article III, Section
6A.
---------------------------------------------------------------------------

A. Proposed Amendments Common to the By-Laws and Other OCC Governance
Documents

    Certain of the proposed changes would amend the existing By-Laws as
well as other governance documents of OCC. For example, conforming
edits would be made throughout the By-Laws and GC Charter to delete NC
and GC references and in many cases those references would be replaced
with references to the GNC.
1. GNC Composition
    The new GNC would be composed of a minimum of three total members:
at least one Public Director, at least one Exchange Director and at
least one Member Director. To reflect this change, OCC would eliminate
in Section 4 of Article III of the By-Laws the requirement for six Non-
Director Members, add requirements for at least one Member Director and
one Exchange Director, and modify the current requirement for one
Public Director to instead require that there must be at least one
Public Director. The proposed composition for the GNC already mirrors
the existing composition specified in the GC Charter. Therefore, no
changes are proposed to the current GC Charter in that respect, other
than the elimination of the requirements that the GNC have no fewer
than five directors. In its filing with the Commission, OCC stated that
limitation would be eliminated with the goal of providing the Board
with greater flexibility to determine the optimal size and composition
of the GNC, so long as the composition also facilitates diverse
representation by satisfying the proposed requirement for at least one
GNC representative from each of the Member Director, Exchange Director,
and Public Director categories. The prohibition on Management Directors
serving on the GC would continue to apply to the GNC.
2. GNC Member Appointment Process and Term Limits
    The members of the GNC would be appointed annually by the Board
from among certain Board members recommended by the GNC after
consultation with OCC's Executive Chairman. GNC Members would serve at
the pleasure of the Board. The GNC's Chairman (``GNC Chair'') would be
designated from among the GNC's Public Directors. Provisions
implementing these changes would be added to Section 4 of Article III
of the By-Laws to entirely supplant the class and term limit structure
and nominations process that currently applies to the NC and its Non-
Director Members and Public Director, and references to Non-Director
Members would be removed from the By-Laws. Section II.A. The GC Charter
would also be amended to reflect this structure for GNC nominations and
appointments.
3. Number of Public Directors and Member Directors
    OCC is proposing to amend its By-Laws to increase the number of
Public Directors on its Board from three to five. It is also making
certain other changes related to the overall composition of the Board
and the classification and term of office of Public Directors. The
proposed change in the number of Public Directors from three to five
would reconstitute OCC's Board with a total of 21 directors. OCC
believes that, as indicated in its initial proposal to add Public
Directors to its Board,\9\ Public Directors broaden the mix of
viewpoints and business expertise that is represented on the Board.
Accordingly, OCC believes that the input and expertise of two more
Public Directors will further benefit OCC in the administration of its
affairs in respect of the markets that it serves, and in the discharge
of its obligations as a systemically important financial market
utility.
---------------------------------------------------------------------------

    \9\ Securities Exchange Act Release No. 30328 (January 31,
1992), 57 FR 4784 (February 7, 1992) (SR-OCC-1992-02).
---------------------------------------------------------------------------

    The proposed changes would remove a provision that, under certain

conditions, automatically adjusts the number of Member Directors
serving on the Board. OCC's By-Laws currently require that if the
aggregate number of Exchange Directors and Public Directors equals at
least nine, the total number of Member Directors must be automatically
adjusted to exceed that number by one.\10\ This provision would be
removed.\11\ OCC believes that its removal will provide the Board with
greater flexibility to determine its optimal composition. The proposed
changes also remove a provision that reduces the number of Member
Directors if the number is above nine and exceeds the sum of the number
of Exchange Directors and the number of Public Directors by more than
one, because the number of Member Directors would be fixed at nine.
---------------------------------------------------------------------------

    \10\ OCC By-Laws Article III, Section 1.
    \11\ OCC also proposes to make corresponding changes to Article
III, Section 3 of its By-Laws under which it would remove provisions
that provide for the classification and term of office of Member
Directors where the number of Member Directors increases based on
the provision in Article III, Section 1 that OCC proposes to delete.
---------------------------------------------------------------------------

    OCC is also proposing certain amendments to its Stockholders
Agreement, Board of Directors Charter and Fitness Standards for
Directors, Clearing Members and Others. In each case, conforming
changes would be made to recognize the merger of the NC and GC into the
GNC as a standing Committee of the Board and reflect the role it would
play in OCC's director nomination process. The proposed modifications
to the Board Charter and Fitness Standards would reflect the increase
in the number of Public Directors serving on the Board from three to
five and the removal of the provision that currently is designed under
certain conditions to automatically adjust the number of Member
Directors serving on the Board. The criteria specified in the Fitness
Standards for Directors, Clearing Members and Others for use in
considering individuals nominated to be Member Director would also be
revised for consistency with the criteria proposed to be added to
Article III, Section 5 of the By-Laws, discussed below, designed to
achieve balanced Board representation.
    The Stockholders Agreement also contains proposed amendments to
replace the term Chairman with Executive Chairman. This parallels a
separate proposed amendment by OCC to implement this change in its By-
Laws and Rules, but a consolidated amendment to the Stockholders
Agreement is proposed for ease of administration.

B. Proposed Amendments to By-Laws Only

    As explained in more detail below, certain of the proposed changes
would require amendments only to OCC's existing By-Laws. One such
example is that Sections 2 and 5 of Article III of the By-Laws would be
amended to remove prohibitions against representation of the same
Clearing Member Organization on the Board and the NC.\12\ This barrier
would be eliminated since GNC members will be selected from among the
members of the Board under the new approach.
---------------------------------------------------------------------------

    \12\ A Clearing Member Organization is a Clearing Member that is
a legal entity rather than a natural person.
---------------------------------------------------------------------------

1. Balanced Representation
    The NC's responsibility to endeavor to achieve balanced
representation among Clearing Members on the Board would be carried
over to the GNC. Specifically, the GNC would be required to ensure that
(1) not all of the Member Directors are from members having the largest
volume of business with OCC during the prior year and (2) the mix of
Member Directors includes members primarily engaged in agency trading
on behalf of retail investors.
2. Nomination and Election Process
    The Board would appoint members to the GNC from among the Board's
members who are recommended by the GNC. This change requires certain
proposed modifications to the nomination and election process currently
reflected in Article III, Section 5 of the By-Laws. Changes are also
proposed that would change the deadlines for nominations of Member
Directors by both the GNC and Clearing Members, and OCC would preserve
the petition process by which Clearing Members may nominate additional
candidates to be Member Directors on the Board. In recognition of the
elimination of the concept of Non-Director Members, several provisions
in Section 5 of Article III of the By-Laws addressing the ability of
stockholders to elect or nominate Non-Director Members of the NC would
be deleted. In relevant part, however, these provisions would be
retained to the extent they apply to the ability of stockholders under
certain conditions to nominate and elect Member Directors of the Board.
3. Public Directors
    Proposed changes to Section 6A of Article III of the By-Laws would
require the GNC to nominate Public Directors for election by OCC's
stockholders and to use OCC's fitness standards in making such
nominations. Presently, OCC's Executive Chairman nominates Public
Directors with Board approval. Changes are also proposed to help
clarify the class structure and term limits of Public Directors that
are independent of changes proposed to facilitate the formation of the
GNC.\13\
---------------------------------------------------------------------------

    \13\ These changes would specify that, aside from the Class II
Public Director who was elected to the Board at the 2011 annual
meeting, two other Public Directors were appointed to the Board
prior to its 2013 annual meeting, one designated as a Class I Public
Director and the other designated as a Class III Public Director.
Generally, the three year terms for Public Directors with staggered
expiration for each class would be preserved; however, an exception
would be added for the initial Class I and III Public Directors.
---------------------------------------------------------------------------

    The proposed changes to Article III, Section 6A of the By-Laws
would also provide for the classification of the two new Public
Directors. One of the new Public Directors will be designated as a
Class I Public Director, and the other will be designated as a Class
III Public Director. The proposed changes also establish the times at
which the successors of the two new Public Directors will be elected.
The successor of the new Public Director that is a Class III Public
Director will be elected at the 2015 annual meeting of stockholders,
and the successor of the new Public Director that is a Class I Public
Director will be elected at the 2016 annual meeting.
4. Disqualifications and Filling Vacancies and Newly Created
Directorships
    The disqualification provisions in Article III, Section 11 of the
By-Laws would be revised to reflect that any determination to
disqualify a director would be effective and result in a vacancy only
if the GNC makes a recommendation for disqualification in addition to
an affirmative vote for disqualification by a majority of the whole
Board. The By-Laws currently provide that if a Member Director vacancy
is filled by the Board, the person filling the vacancy will serve until
the next scheduled election for the relevant class of Member Director
and a successor is elected. However, if the term for that class of
Member Director extends beyond the Board's next annual meeting the
vacancy must be filled by a person who is recommended by the Nominating
Committee. Proposed changes to these terms in respect of the GNC would
require the Board in all cases to appoint a person who is recommended
by the GNC. Similarly, Public Director vacancies would be required to
be filled by the Board as generally provided for in Section 6A of

Article III of the By-Laws, including with regard to candidates being
nominated by the GNC using OCC's fitness standards for directors.
Provisions concerning filling vacancies with respect to the NC would be
deleted, consistent with its elimination in favor of the GNC.
5. Ministerial Changes
    The proposed changes to Article III of the By-Laws also include
certain ministerial changes. A reference to stockholder exchanges in
the interpretation and policy to Section 6 would be replaced by the
defined term Equity Exchanges, and a reference in Section 14 to notice
by telegram would be changed to facsimile to reflect current means of
communication.

C. Proposed Amendments to the GC Charter Only

    Certain of the proposed amendments relating to the creation of the
GNC would apply only to OCC's existing GC Charter. These amendments are
discussed below.
1. GNC Purpose
    The statement of purpose in the GC Charter would be revised to
reflect the GNC's larger scope of responsibilities. The existing GC
purpose of reviewing the overall corporate governance of OCC would be
maintained, along with language clarifying that this review would be
performed on a regular basis and that recommendations concerning Board
improvements should be made when necessary. The GNC Charter would also
provide that the GNC assists the Board in identifying, screening and
reviewing individuals qualified to serve as directors and by
recommending candidates to the Board for nomination for election at the
annual meeting of stockholders or to fill vacancies. The GNC Charter
would also specify that the GNC would develop and recommend to the
Board, and oversee the implementation of, a Board Code of Conduct.
2. GNC Membership and Organization
    The requirement in the GC Charter that the GC hold four meetings
annually would be modified to also permit the GNC to call additional
meetings as it deems appropriate.\14\ The GC Charter requirement for
regular reporting to the Board on Committee activities by the GC chair
or a designee would be revised in favor of placing the reporting
responsibility solely on the GNC Chair and requiring the GNC Chair to
make timely reports to the Board on important issues discussed at GNC
meetings. Taking into consideration certain pre-established guidelines
in the GNC Charter, the GNC Chair would also be given responsibility
for determining whether minutes should be recorded at any executive
session. Aside from this exception for executive sessions, GNC meeting
minutes would be required to be recorded. The GNC Charter would also
create a position to be filled by an OCC officer who would assist the
GNC and liaise between it and OCC's staff.
---------------------------------------------------------------------------

    \14\ This would bring the Governance and Nominating Committee
Charter in line with the Charters of OCC's other Board Committees.
---------------------------------------------------------------------------

3. GNC Authority
    As in the case of the existing GC, the GNC would have authority to
inquire into any matter relevant to its purpose and responsibilities in
the course of carrying out its duties. The GNC Charter would further
specify that in connection with any such inquiry the GNC would have
access to all books, records, facilities and personnel of OCC. Unlike
the existing GC Charter, the GNC Charter would not provide express
authority for the GNC to rely on members of OCC's management for
assistance. Instead, this relationship between the GNC and OCC's
management would be more specifically addressed through the role of the
newly created staff liaison position. Additional revisions to the GC
Charter would also establish that the GNC Chair would not have
discretion to take unilateral action on behalf of the Committee, even
in special circumstances.
4. Board Composition
    Without limiting the GNC to particular activities, the GNC Charter
would specify certain responsibilities meant to guide the GNC in
achieving its purposes, including with respect to its role in the
development of the Board's composition. The GNC's Charter would require
it to pursue development of a Board comprised of individuals who have a
reputation for integrity and represent diverse professional backgrounds
as well as a broad spectrum of experience and expertise. The GNC
Charter would also prescribe more detailed responsibilities designed to
further this goal. For example, the GNC would be required to conduct
periodic reviews of the composition of the Board against the goal,
including whether the Board reflects the appropriate balance of types
of directors, business specialization, technical skills, diversity and
other qualities.\15\
---------------------------------------------------------------------------

    \15\ The GNC would also review director conflicts of interest
and the manner in which any such conflicts are to be monitored and
resolved.
---------------------------------------------------------------------------

    The GNC would be required to recommend policies and procedures to
the Board for identifying and reviewing Board nominee candidates, and
it would implement and oversee the effectiveness of those policies,
including with regard to criteria for Board nominees. Using criteria
approved by the Board, the GNC would identify, screen and review
persons who it determines are qualified to serve as directors. This
process would also extend to incumbent directors concerning any
potential re-nomination. In all cases, the GNC would only recommend
candidates to the Board for nomination for election after consulting
with OCC's Executive Chairman.
    In the event that a sitting director offers to resign because of a
change in occupation or business association, the GNC would be
responsible for reviewing whether continued service is appropriate and
making a recommendation of any action, consistent with OCC's By-Laws
and Rules, that should be taken by the Board. The GNC would also
undertake periodic reviews of term limits for certain directors and
recommend changes to these limits where appropriate.
5. Governance Practices
    The GNC would have responsibility for reviewing the Board's Charter
for consistency with regulatory requirements, transparency of the
governance process and other sound governance practices. Currently,
this is a GC function, and certain GC Charter amendments are proposed
to help further detail the GNC's review responsibilities. These include
a general responsibility to recommend changes, as the GNC deems
appropriate, to the Board concerning Committee Charters. This would
include the GNC Charter, which the GNC would be required to review
annually.\16\ In connection with a periodic review of Board Committee
structure, the GNC would advise the Board regarding related matters of
structure, operations and charters. Furthermore, and in each case after
consultation with OCC's Executive Chairman, the GNC would recommend to
the Board for its approval certain directors for Committee service as
well as for assignment as Committee chair persons.
---------------------------------------------------------------------------

    \16\ As part of the annual review, the GNC would also submit the
GNC Charter to the Board for re-approval, including any changes the
GNC deems advisable.
---------------------------------------------------------------------------

    The GNC would develop and recommend to the Board the annual process
used by the Board and Board Committees for self-evaluation of their

role and performance in the governance of OCC. The GNC would also be
responsible for coordinating and providing oversight of that process.
Corporate governance principles applicable to OCC would be developed by
the GNC for recommendation to the Board, and the GNC would review them
at least once a year.
6. Other Proposed GC Charter Amendments
    The GNC Charter would require the GNC to regularly evaluate its
performance and the performance of its individual members and provide
results of such assessments to the Board. It would also require an
annual report to be prepared by the GNC and delivered to the Board
regarding the GNC's activities for the preceding year, and the GNC
would be required to include a statement that it carried out all of its
GNC Charter responsibilities. In addition to such responsibilities, the
GNC would generally be empowered to perform any other duties that it
deems necessary or appropriate and consistent with the GNC Charter or
as may otherwise be further delegated to it by the Board.

II. Discussion and Commission Findings

    Although Title VIII does not specify a standard of review for an
advance notice, the Commission believes that the stated purpose of
Title VIII is instructive.\17\ The stated purpose of Title VIII is to
mitigate systemic risk in the financial system and promote financial
stability by, among other things, promoting uniform risk management
standards for systemically-important financial market utilities
(``FMUs'') and strengthening the liquidity of systemically important
FMUs.\18\
---------------------------------------------------------------------------

    \17\ See 12 U.S.C. 5461(b).
    \18\ Id.
---------------------------------------------------------------------------

    Section 805(a)(2) of the Clearing Supervision Act \19\ authorizes
the Commission to prescribe risk management standards for the payment,
clearing, and settlement activities of designated clearing entities and
financial institutions engaged in designated activities for which it is
the supervisory agency or the appropriate financial regulator. Section
805(b) of the Clearing Supervision Act \20\ states that the objectives
and principles for the risk management standards prescribed under
Section 805(a) shall be to:
---------------------------------------------------------------------------

    \19\ 12 U.S.C. 5464(a)(2).
    \20\ 12 U.S.C. 5464(b).
---------------------------------------------------------------------------

     Promote robust risk management;
     promote safety and soundness;
     reduce systemic risks; and
     support the stability of the broader financial system.
    The Commission has adopted risk management standards under Section
805(a)(2) of the Clearing Supervision Act \21\ (``Clearing Agency
Standards'').\22\ The Clearing Agency Standards became effective on
January 2, 2013 and require registered clearing agencies that perform
central counterparty (``CCP'') services to establish, implement,
maintain, and enforce written policies and procedures that are
reasonably designed to meet certain minimum requirements for their
operations and risk management practices on an ongoing basis.\23\ As
such, it is appropriate for the Commission to review advance notices
against these Clearing Agency Standards and the objectives and
principles of these risk management standards as described in Section
805(b) of the Clearing Supervision Act.\24\
---------------------------------------------------------------------------

    \21\ 12 U.S.C. 5464(a)(2).
    \22\ Rule 17Ad-22, 17 CFR 240.17Ad-22. Exchange Act Release No.
68080 (October 22, 2012), 77 FR 66220 (November 2, 2012) (S7-08-11).
    \23\ The Clearing Agency Standards are substantially similar to
the risk management standards established by the Board of Governors
of the Federal Reserve System (``Federal Reserve'') governing the
operations of designated DFMUs that are not clearing entities and
financial institutions engaged in designated activities for which
the Commission or the Commodity Futures Trading Commission is the
Supervisory Agency. See Financial Market Utilities, 77 FR 45907
(August 2, 2012).
    \24\ 12 U.S.C. 5464(b).
---------------------------------------------------------------------------

    The proposed changes in the Advance Notice may result in changes
that will improve OCC's overall risk management process, and therefore
may promote robust risk management. A Board-level committee likely will
be in a better position to make well-informed nomination decisions.
Members of the GNC will themselves be members of the Board, and, thus,
have personal insight and experience into the types of experience and
credentials that would be useful on the Board and be better able to
assess the current needs of the Board. A Board comprised of Directors
with more relevant skills and credentials that are better able to
evaluate OCC's risks may promote more robust risk management.
    Adding two Public Directors to the Board and eliminating the
provision which ensured the number of Member Directors would outnumber
the combined number of Exchange and Public Directors by one may also
result in improved risk management processes and therefore may promote
robust risk management. Additional emphasis on Public Directors may
result in more independent views on the risks OCC presents being
brought to the Board's attention for discussion and management of those
risks. Moreover, the combined GNC and the additional emphasis on Public
Directors should also aid in identifying any risks and inefficiencies
in the current governance structure and making recommendations to the
full Board to help mitigate those risks and eliminate any such
inefficiencies.
    The GNC's periodic reviews of the composition of the Board,
including whether the Board reflects the appropriate balance of types
of directors, business specialization, technical skills, diversity and
other qualities, may help the GNC achieve balanced representation and a
diversity among Member Directors. Maintaining balanced representation
and having diversity among Member Directors may help the Board better
evaluate and identify the risks OCC presents, and improve overall risk
management.
    In addition, the changes proposed in the Advance Notice may reduce
OCC's contribution to systemic risk because they enhance the
transparency of OCC's governance arrangements. The Commission believes
that providing additional insight into OCC's governance arrangements
may have this effect by allowing Members and other market participants
to better assess risks at OCC, to comment on OCC's operations, and
otherwise to advocate for improved overall risk management.
    Commission Rule 17Ad-22(d)(8), adopted as part of Clearing Agency
Standards, requires that a registered clearing agency establish,
implement, maintain, and enforce written policies and procedures
reasonably designed to ``have governance arrangements that are clear
and transparent to fulfill the public interest requirements in Section
17A of the Exchange Act applicable to clearing agencies, to support the
objectives of owners and participants, and to promote the effectiveness
of the clearing agency's risk management procedures.'' \25\ The
Commission believes that the changes proposed in this advance notice
should help OCC fulfill these transparency requirements.
---------------------------------------------------------------------------

    \25\ 17 CFR 240.17Ad-22(d)(8).
---------------------------------------------------------------------------

III. Conclusion

    It is therefore noticed, pursuant to Section 806(e)(1)(I) of the
Clearing Supervision Act,\26\ that the Commission does not object to
advance notice proposal (SR-OCC-2014-802) and that OCC is authorized to
implement the proposal as of the date of this notice or the date of an
order by the Commission

approving a proposed rule change that reflects rule changes that are
consistent with this advance notice proposal (SR-OCC-2014-09),
whichever is later.
---------------------------------------------------------------------------

    \26\ 12 U.S.C. 5465(e)(1)(I).

    By the Commission.
Kevin O'Neill,
Deputy Secretary.
[FR Doc. 2014-16193 Filed 7-10-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 21, 2009 (Volume 74, Number 12)]
[Notices]
[Page 3615-3617]
[DOCID:fr21ja09-88]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0018]

Report of Quantitative Risk and Benefit Assessment of Commercial
Fish Consumption, Focusing on Fetal Neurodevelopmental Effects
(Measured by Verbal Development in Children) and on Coronary Heart
Disease and Stroke in the General Population, and Summary of Published
Research on the Beneficial Effects of Fish Consumption and Omega-3
Fatty Acids for Certain Neurodevelopmental and Cardiovascular
Endpoints; Availability

AGENCY:  Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY:  The Food and Drug Administration (FDA) is announcing the
availability of two draft documents. The first is entitled ``Report of
Quantitative Risk and Benefit Assessment of Commercial Fish
Consumption, Focusing on Fetal Neurodevelopmental Effects (Measured by
Verbal Development in Children) and on Coronary Heart Disease and
Stroke in the General Population'' (draft risk and benefit assessment
report). The draft risk and benefit assessment report describes an
analysis done by FDA that results in quantitative estimates of the net
effect on fetal neurodevelopment in children of maternal consumption of
commercial fish, as measured by verbal development and the net effect
of eating commercial fish on coronary heart disease and stroke in the
general population. Effects with respect to each of these health
endpoints has been associated in the scientific literature with
methylmercury exposure (which primarily occurs through fish
consumption) and with the consumption of fish and of omega-3 fatty
acids, which are found in fish. The second draft document entitled
``Summary of Published Research on the Beneficial Effects of Fish
Consumption and Omega-3 Fatty Acids for Certain Neurodevelopmental and
Cardiovascular Endpoints'' (draft summary of published research) is a
compendium of research prepared by FDA for use in developing its
quantitative risk and benefit assessment. When peer and public review
are complete, the draft risk and benefit assessment report and the
draft summary of published research are intended to add to the growing
body of scientific literature investigating the

likelihood, magnitude, and direction of health impacts linked to
consumption of commercial fish. FDA is seeking public comment on the
draft risk and benefit assessment report and the draft summary of
published research.

DATES:  Comments on the draft risk and benefit assessment and on the
draft summary of published research must be submitted by April 21,
2009.

ADDRESSES: Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852. Submit electronic comments to http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT:  Philip Spiller, Center for Food
Safety and Applied Nutrition (HFS-002), Food and Drug Administration,
5100 Paint Branch Pkwy., College Park, MD 20740-3835,<PHONE_NUMBER>, FAX
301-436-2668, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Fish provides protein, is low in saturated fat, and is rich in many
micronutrients; it also can be a source of certain omega-3 fatty acids.
As the Institute of Medicine of the National Academies of Science (IOM)
noted in a recent report, ``[i]n the past several years, research has
implicated seafood, particularly its contribution of EPA and DHA [two
omega-3 fatty acids], in various health benefits identified for the
developing fetus and infants, and also for adults, including those at
risk for cardiovascular disease.'' (Institute of Medicine, Committee on
Nutrient Relationships in Seafood: Selections to Balance Benefits and
Risks. Seafood Choices: Balancing Benefits and Risk. 2006, National
Academy of Sciences, at 1). However, as a result of natural processes
and human activity, aquatic food sources, including fish, can contain
methylmercury, which has been linked to adverse health consequences.
Because of the presence of methylmercury in fish, FDA and the U.S.
Environmental Protection Agency (EPA) issued an advisory to consumers,
``What You Need to Know About Mercury in Fish and Shellfish'' (http://
www.cfsan.fda.gov/~dms/admehg3.html). The advisory, which was most
recently revised in 2004, recommends that women who may become
pregnant, pregnant women, nursing mothers, and young children avoid
some types of fish and eat fish and shellfish that are lower in
methylmercury, as specified in more detail in the advisory.
    Researchers in the United States and elsewhere have attempted in
recent years to develop approaches to better evaluate the net health
impacts of fish consumption; in other words, to understand the
relationship between the risk of not eating fish (and thus losing any
health benefits fish may provide) and the risk of eating fish that
contains methylmercury at the levels currently found in the commercial
fish available to consumers. As the IOM noted in its 2006 report, ``A
better way is needed to characterize the risks combined with the
benefits analysis.'' (IOM 2006 at 6). The draft summary of published
research and the draft risk and benefit assessment report were
developed by FDA to provide further scientific information to help
address this question for consumers of commercial seafood in the United
States (i.e., fish shipped or sold interstate, as opposed to fish
caught recreationally or for subsistence).
    The draft risk and benefit assessment report reflects an effort by
FDA to quantify the impact of eating commercial fish on three human
health endpoints: (1) Neurodevelopment, as measured by verbal
development in childhood as assessed by the effect of prenatal exposure
to methylmercury as passed from the mother to the developing fetus; (2)
risk of fatal coronary heart disease; and (3) risk of fatal stroke.
Each of these health endpoints has been associated in the scientific
literature both with adverse effects of methylmercury exposure
(including through fish consumption) and beneficial effects of regular
fish consumption. The draft risk and benefit assessment report provides
further scientific information about the likelihood and magnitude of
either beneficial or adverse net effects on health at current levels of
commercial fish consumption and exposure to methylmercury through fish
consumption in the United States. The draft risk and benefit assessment
report should not be construed as altering the existing fish advisory.
Moreover, because this assessment does not distinguish among types of
fish in terms of their beneficial constituents, it is not possible to
translate the results of this analysis into fish-specific advice to
consumers about maximizing benefits.
    The methodology used for the quantitative risk and benefit
assessment is novel for FDA in that, rather than attempting to quantify
the risk resulting from the presence of a particular hazard in a food,
it estimates that risk and the benefit from consumption of the food in
the same quantitative analysis. For fetal neurodevelopment, the
assessment estimates this net effect by separately estimating: (1) The
likelihood and size of an adverse contribution from methylmercury to
the net effect; (2) the likelihood and size of a beneficial
contribution to the net effect from fish; and (3) the likelihood, size,
and direction of the net effect. For the methylmercury contribution,
the assessment uses data to derive modeling estimates of the
association between methylmercury and early age verbal skills (as an
indicator of neurodevelopment) and then compares the results against
results developed elsewhere on methylmercury's effect on other aspects
of neurodevelopment, including intelligence quotient (IQ). For the fish
contribution, the assessment uses data to derive modeling estimates of
the association between fish consumption during pregnancy and early age
verbal skills. For the net effect, the assessment combines the results
from the methylmercury and fish contributions. This draft risk and
benefit assessment report builds on published work performed previously
by FDA scientists on the estimation of a methylmercury effect, as well
as recent articles by other investigators that have quantitatively
assessed this effect. For fatal coronary heart disease and stroke, the
assessment estimates the net effect on risk from fish consumption
without separately modeling a methylmercury contribution and a fish
contribution. Most data on this subject come from studies that measured
an association between fish consumption and these health endpoints
without measuring a methylmercury contribution. The modeling builds in
part on dose-response functions for these endpoints that have been
published in the scientific literature.
    The draft risk and benefit assessment report identifies and
discusses assumptions made for the scientific models and analyses and
sources of uncertainty with respect to each endpoint analyzed. Subject
to the limitations and assumptions set forth in the analysis, the risk
and benefit assessment estimated the net impact of consumption of
different amounts of fish. For example, with respect to fetal
neurodevelopment, we modeled various ``what if'' scenarios, in which we
estimated what would happen if women of child-bearing age ate more or
less fish, or if the amount of methylmercury in the fish they ate were
reduced.
    The results indicate that consumption of fish species that are low
in methylmercury has a significantly greater probability of resulting
in a net benefit, as measured by verbal development. The highest net
benefit

modeled in our risk and benefit analysis was modest. When we modeled
actual baseline consumption for the range of methylmercury
concentrations (low to high) the assessment indicated a significant
probability of a net adverse effect for 1/10 of 1 percent of children
for the central estimate. The highest estimated net adverse effect was
also quite modest. For fatal coronary heart disease and stroke,
commercial fish baseline consumption is averting a central estimate of
over 30,000 deaths per year from coronary heart disease and over 20,000
deaths per year from stroke. The results of our quantitative risk and
benefit assessment are generally consistent with research reported in
recent years in the scientific literature.
    The draft summary of published research identifies primarily
secondary analyses of the large body of scientific research on the
impact of fish and omega-3 fatty acids on cardiovascular and neurologic
endpoints, including research on both prenatal and post-natal
exposures. In addition to the IOM report, these secondary analyses
include reports by the American Heart Association, the European Food
Safety Authority, the International Society for the Study of Fatty
Acids and Lipids, the World Health Organization and a previous
investigation by FDA. This compendium of research was developed by FDA
for use in developing its quantitative risk benefit assessment and
provides background for that document. The draft summary of published
research identifies and delineates the lines of scientific evidence
that indicate the association of fish and omega-3 fatty acid
consumption with cardiovascular and neurodevelopmental health outcomes.
When available, the compendium of research also identifies reports of
quantitative dose-response relationships which may be relevant for risk
and benefit assessment modeling. The draft summary of published
research describes the context of the overall body of scientific
evidence currently available for potential application to the risk and
benefit assessment modeling and the draft risk and benefit assessment
report.
    The agency designated the draft risk and benefit assessment report
and the draft summary of published research as a ``highly influential
scientific assessment'' under the Office of Management and Budget's
(OMB) Final Information Quality Bulletin for Peer Review (the Bulletin)
(70 FR 2664, January 14, 2005). In August 2008, FDA submitted a draft
of the risk and benefit assessment report (which at the time also
incorporated the draft summary of published research) to seven
scientific experts outside the Federal Government, from a range of
scientific disciplines, for purposes of obtaining each expert's
independent, written peer review. The draft risk and benefit assessment
report and the draft summary of published research that are being made
available for public comment reflect revisions made to date in response
to the peer reviewers' comments and suggestions. The Information
Quality Act Bulletin for Peer Review requires FDA to post at its Web
site a report of the peer review that: (1) Contains the names and
credentials of the peer reviewers; (2) sets forth the ``charge,'' i.e.,
the scientific questions asked of the reviewers; (3) provides the
verbatim comments submitted by each reviewer (without attribution); and
(4) discusses what FDA has done to the documents in response to the
peer reviewers' comments. We have posted at our Web site an interim
draft of this report that provides this information at http://
www.cfsan.fda.gov/~dms/mehg109.html, although we expect and plan to
finalize this report after revising our draft risk and benefit
assessment report and the draft summary of published research, in
response to further expert and peer review comments.
    Separately, FDA solicited and received comments from scientists at
other Federal agencies, including EPA, the National Institutes of
Health, the Centers for Disease Control and Prevention, and the
National Oceanic and Atmospheric Administration during a review
coordinated by OMB. The draft risk and benefit assessment report and
the draft summary of published research being made available for
comment have been revised to reflect revisions made in response to the
inter-agency reviewers' comments.
    At the same time we are making these draft documents available for
public comment, we plan to provide a revised draft to the original peer
reviewers to enable them to submit any further comments. We will revise
the draft risk and benefit assessment report and the draft summary of
published research as necessary after considering the public comments
and any additional comments from the independent peer reviewers. We
also plan to provide the revised version of the documents, a summary of
the public comments that address significant scientific issues, and the
external peer review report to an FDA scientific advisory committee.
    After public and advisory committee review of these documents are
complete, appropriate risk management actions will then be considered
on the basis of currently available scientific information. The release
of these documents for public comment and peer review do not in any way
modify the recommendations set forth in the 2004 advisory on fish
consumption.

II. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) written or electronic comments regarding this document.
Submit a single copy of electronic comments or two paper copies of any
mailed comments, except that individuals may submit one paper copy.
Comments are to be identified with the docket number found in brackets
in the heading of this document. Received comments may be seen in the
Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.

III. Electronic Access

    The draft documents described in this notice are available
electronically at http://cfsan.fda.gov/~dms/mehg109.html.

IV. Access to Related Documents

    All references listed in the reports are available in FDA's
Division of Dockets Management (see ADDRESSES). Computer programs used
in the risk and benefit assessment modeling are available from Clark
Carrington, Center for Food Safety and Applied Nutrition (HFS-301),
Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD
20740-3835,<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
    Dated: January 14, 2009.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E9-1081 Filed 1-15-09; 11:15 am]

BILLING CODE 4160-01-S


[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)]
[Rules and Regulations]
[Page 65888]
[FR Doc No: 2016-23211]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0894]

Drawbridge Operation Regulation; Sacramento River, Sacramento, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Tower Drawbridge across the
Sacramento River, mile 59.0, at Sacramento, CA. The deviation is
necessary to allow the community to participate in the Juvenile
Diabetes Research Foundation (JDRF) One Walk event. This deviation
allows the bridge to remain in the closed-to-navigation position during
the deviation period.

DATES: This deviation is effective from 10 a.m. to 11 a.m. on October
2, 2016.

ADDRESSES: The docket for this deviation, [USCG-2016-0894], is
available at http://www.regulations.gov. Type the docket number in the
``SEARCH'' box and click ``SEARCH''. Click on Open Docket Folder on the
line associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email David H. Sulouff, Chief, Bridge
Section, Eleventh Coast Guard District; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: California Department of Transportation has
requested a temporary change to the operation of the Tower Drawbridge,
mile 59.0, over Sacramento River, at Sacramento, CA. The vertical lift
bridge navigation span provides a vertical clearance of 30 feet above
Mean High Water in the closed-to-navigation position. The draw operates
as required by 33 CFR 117.189(a). Navigation on the waterway is
commercial and recreational.
    The drawspan will be secured in the closed-to-navigation position
from 10 a.m. to 11 a.m. on October 2, 2016, to allow the community to
participate in the JDRF One Walk event. This temporary deviation has
been coordinated with the waterway users. No objections to the proposed
temporary deviation were raised.
    Vessels able to pass through the bridge in the closed position may
do so at anytime. The bridge will not be able to open for emergencies
and there is no immediate alternate route for vessels to pass. The
Coast Guard will also inform the users of the waterway through our
Local and Broadcast Notices to Mariners of the change in operating
schedule for the bridge so that vessel operators can arrange their
transits to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: September 21, 2016.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard District.
[FR Doc. 2016-23211 Filed 9-23-16; 8:45 am]
BILLING CODE 9110-04-P