[Federal Register Volume 79, Number 57 (Tuesday, March 25, 2014)]
[Notices]
[Pages 16416-16420]
[FR Doc No: 2014-06463]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71750; File No. SR-NYSEArca-2014-24]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Expanding the
Short-Term Option Series Program

March 19, 2014.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on March 13, 2014, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes several amendments to expand the short-term
option series (``STOS'') program. The text of the proposed rule change
is available on the Exchange's Web site at www.nyse.com, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes several amendments to expand the STOS Program
(the ``Proposal'') to harmonize

the Exchange's rules with recently approved changes to the rules
governing short-term options series programs of other options
exchanges. The proposed changes are discussed separately below in order
to align them with the recently approved filings by the other
exchanges. The Exchange believes that this Proposal would enable the
Exchange to compete equally and fairly with other options exchanges in
satisfying high market demand for weekly options and continuing strong
customer demand to use STOS to execute hedging and trading strategies,
particularly in the current fast and volatile investing environment.
Part I of the Proposal
    Under Part I of the Proposal, the Exchange proposes to make two
changes to current Commentary .07 to Rule 6.4, which codifies the STOS
Program for non-index options, including equity, currency, and
exchange-traded funds (``ETFs''), as follows: (i) To allow the Exchange
to list options in the STOS Program on each of the next five Fridays
that are business days and are not Fridays in which monthly options
series or quarterly options series expire (``Short Term Option
Expiration Dates'') at one time; and (ii) to state that additional
series of STOS may be listed up to, and including on, the day of
expiration. These proposed rule changes are substantially identical to
a recently approved filing by the Chicago Board of Options (``CBOE'')
and a copycat filing for immediate effectiveness by the International
Securities Exchange (``ISE''), except that, unlike the CBOE and ISE
filings, the Exchange does not propose to amend rules relating to its
STOS Program for index options but only those rules relating to non-
index options.\4\
---------------------------------------------------------------------------

    \4\ See Securities and Exchange Act Release No. 71005 (December
6, 2013), 78 FR 75395 (December 11, 2013) (SR-CBOE-2013-096)
(approval order); Securities and Exchange Act Release No. 71033
(December 11, 2013), 78 FR 76375 (December 17, 2013) (SR-ISE-2013-
68). For STOS Program Rules regarding index options, see Rule 5.19;
Rule 5.10(b)(24).
---------------------------------------------------------------------------

    Under current Commentary .07(a), a Short-Term Option Series is a
series of an option class that is approved for listing and trading on
the Exchange in which the series is opened for trading on any Thursday
or Friday that is a business day and that expires at the close of
business on the next Friday that is a business day.\5\ If a Thursday or
Friday is not a business day, the series may be opened on the first
business day immediately prior to that Thursday or Friday; and, if a
Friday is not a business day, the series shall expire on the first
business day immediately prior to that Friday.\6\ The Exchange,
however, may only list STOS ``on each of the next five consecutive
Fridays that are business days'' and no STOS may expire in the same
week in which a monthly or quarterly option series in the same class
expires.\7\ Thus, because a Friday expiration may coincide with an
existing expiration of a monthly or quarterly series of an option in
the same class as the STOS option series, the current requirement that
the Fridays be consecutive may mean that the Exchange cannot open five
STOS expiration dates because of existing monthly or quarterly
expirations.
---------------------------------------------------------------------------

    \5\ See Commentary .07(a) to Rule 6.4.
    \6\ Id.
    \7\ Id.
---------------------------------------------------------------------------

    The Exchange proposes to amend Commentary .07(a) to Rule 6.4 to
remove the requirement that the five expiration dates be on consecutive
Fridays, and instead provide that the Exchange would have the ability
to list a total of five STOS expirations at the same time, provided
that the expirations are on ``each of the next five Fridays'' that do
not include a monthly or quarterly options expiration date.\8\ As
proposed, the Exchange would list each of the five STOS as close to the
STOS opening date as possible so that the next five STOS may be listed
at one time, not including the monthly or quarterly options. For
example, if a class of options has five STOS listed with expiration
dates in July, the other two listed expiration dates may not be in
December. The Exchange believes that allowing otherwise would undermine
the purpose of the STOS Program. For example, consider a scenario in
which a quarterly option expires week 1 and a monthly option expires
week 4 from now. As proposed, the Exchange could list a new STOS with
the following expiration: Week 1 quarterly option, week 2 STOS option,
week 3 STOS option, week 4 monthly option, week 5 STOS option, week 6
STOS option, and week 7 STOS option.\9\ As another example, if a
quarterly option expires week 3 and a monthly option expires week 6,
the following expirations would be allowed: Week 1 STOS option, week 2
STOS option, week 3 quarterly option, week 4 STOS option, week 5 STOS
option, week 6 monthly option, week 7 STOS option.
---------------------------------------------------------------------------

    \8\ See proposed Commentary .07(a) to Rule 6.4.
    \9\ The Proposal would not allow, for example, for nothing to be
listed week 7 but in week 8, a STOS option.
---------------------------------------------------------------------------

    The second change that the Exchange proposes to make under Part I
of the Proposal is to codify an existing practice by adding language to
Commentary .07(d) to Rule 6.4 to state that additional STOS may be
added up to, and including on, the expiration date of the series. As
discussed under Part II of the Proposal below, the Exchange rules
specify the number of initial and additional series that the Exchange
may open for each option class that participates in the STOS
Program.\10\ While the Exchange rules are silent on when series may be
added, in practice, the Exchange, along with the other exchanges, list
additional series up to, and on, the expiration day.\11\ Consistent
with the actions taken by other options exchanges, the Exchange
believes that codifying this practice will clarify authority that is
not currently explicitly stated in its rules to add series up until the
day of expiration.\12\ Given the short lifespan of STOS, the Exchange
believes that the ability to list new series of options intraday is
appropriate.\13\
---------------------------------------------------------------------------

    \10\ See Commentary .07(c) and (d) to Rule 6.4.
    \11\ The Exchange notes that the Options Clearing Corporation
(``OCC'') has the ability to accommodate series in the STOS Program
intraday.
    \12\ See supra n.4.
    \13\ The Exchange is also proposing to add language to
Commentary .07(d) stating that this provision is designed to
eliminate any confusion about when additional series may be added in
the STOS Program in comparison to other Exchange listing programs.
Specifically, the Exchange proposes to add language stating that
``Notwithstanding any other provisions in this Rule 6.4, Short Term
Option Series may be added up to and including on the Short Term
Expiration Date for that option series.''
---------------------------------------------------------------------------

    As noted above, Part I of this Proposal is consistent with the
recently approved filing and current practices of other options
exchanges, except that the Exchange's Proposal is limited to amending
rules relating to its STOS Program for non-index options and does not
include rules relating to index options.\14\ The Exchange believes that
this Proposal would enable the Exchange to compete equally and fairly
with other options exchanges in satisfying high market demand for
weekly options and continuing strong customer demand to use STOS to
execute hedging and trading strategies, particularly in the current
fast and volatile investing environment.
---------------------------------------------------------------------------

    \14\ See supra n.4.
---------------------------------------------------------------------------

Part II of the Proposal
    Part II of the Proposal seeks to further expand the STOS Program by
making additional amendments to Commentary .07 to Rule 6.4.
Specifically, the Exchange is proposing to: (1) Expand the number of
classes on which STOS may be opened in accordance with its STOS Program
from 30 to 50; (2) modify the initial listing provision to allow the
Exchange to open up to 30 STOS for

each expiration date in a STOS class; (3) expand the strike price range
limitations for STOS; and (4) allow the Exchange to list STOSs at a
strike price interval of $2.50 or greater where the strike price is
above $150. These proposed changes are substantially identical to a
recently approved filing by NASDAQ OMX PHLX, LLC (``PHLX'') and copycat
filings for immediate effectiveness by the CBOE and ISE, unless
otherwise noted herein.\15\
---------------------------------------------------------------------------

    \15\ See Securities Exchange Act Release No. 70682 (October 15,
2013), 78 FR 62809 (October 22, 2013) (SR-PHLX-2013-101) (notice of
filing); Securities Exchange Act Release No. 71004 (December 6,
2013), 78 FR 75437 (December 11, 2013) (approval order); Securities
and Exchange Act Release No. 71079 (December 16, 2013), 78 FR 77188
(December 20, 2013) (SR-CBOE-2013-121); Securities and Exchange Act
Release No. 71034 (December 11, 2013), 78 FR 76363 (December 17,
2013) (SR-ISE-2013-69). Consistent with these filings, the Exchange
is only proposing to amend the STOS Program for equity options, but
notes that the number of classes that may participate in the STOS
Program is aggregated between equity options and index options and
is not apportioned between equity options and index options. Unlike
the CBOE filing, however, the Exchange does not propose any
conforming changes to rules relating its STOS Program for index
options.
---------------------------------------------------------------------------

    Current Commentary .07(b) to Rule 6.4 states that after an equity
option class has been approved for listing and trading on the Exchange,
the Exchange may open no more than thirty option classes.\16\ In
addition to the thirty-option class limitation, there is also a
limitation that no more than twenty initial series may be opened for
trading; provided, however, that the Exchange may open up to ten
additional series when the Exchange deems it necessary to maintain an
orderly market, to meet customer demand or when the market price of the
underlying security moves substantially from the exercise price or
prices of the series already opened.\17\ The same number of strike
prices must be opened above and below the value of the underlying
security at about the time that the STOS are initially opened for
trading on the Exchange.\18\ Furthermore, under the current rule, the
strike price of each STOS currently has to be fixed with approximately
the same number of strike prices being opened above and below the value
of the underlying security at about the time that the STOS are
initially opened for trading on the Exchange, and with strike prices
being within thirty percent (30%) above or below the closing price of
the underlying security from the preceding day.\19\
---------------------------------------------------------------------------

    \16\ See Rule 6.4(b). The increase in the number of option
issues that could be opened pursuant to the STOS Program went into
effect in August 2013. See Securities Exchange Act Release No. 34-
70168 (August 13, 2013) (SR-NYSEArca-2013-79), 78 FR 50469 (August
19, 2013).
    \17\ See Commentary .07(b), (c) and (d) to Rule 6.4.
    \18\ Id.
    \19\ Id.
---------------------------------------------------------------------------

    In terms of strike price intervals, the STOS Program currently
allows the interval between strike prices on STOS to be (i) $0.50 or
greater where the strike prices is less than $75, and $1 or greater
where the strike price is between $75 and $150 for all classes that
participate in the STOS Program.\20\ In addition, during a market move
such that no series are at least 10% above or below the current price
of the underlying security and all existing series have open interest,
the Exchange may also open additional series in excess of the thirty-
strike limitation that are between 10% and 30% of the price of the
underlying security.\21\ Finally, in the event that the underlying
security has moved such that there are no series that are at least 10%
above or below the current prices of the underlying security, the
Exchange will delist any series with no open interest so as to list
series that are at least 10% but not more than 30% above or below the
current price of the underlying security.\22\
---------------------------------------------------------------------------

    \20\ See Commentary .07(e) to Rule 6.4.
    \21\ See Commentary .07(d) to Rule 6.4.
    \22\ See id.
---------------------------------------------------------------------------

    The Exchange proposes to expand the STOS Program as the Exchange
believes an expansion will benefit the marketplace while aligning the
Exchange with currently proposed expansions by other options
exchanges.\23\
---------------------------------------------------------------------------

    \23\ See supra n. 15.
---------------------------------------------------------------------------

    First, the Exchange is proposing to increase the number of STOS
classes that may be opened after an option class has been approved for
listing and trading on the Exchange. The Exchange proposes to amend
Commentary .07(b) to Rule 6.4 so that the Exchange may select up to
fifty currently listed option classes on which STOS may be opened. The
Exchange also proposes to amend Commentary .07(c) to Rule 6.4 so that
the Exchange may open up to 30 series of STOS for each expiration date
in that class.
    Second, the Exchange proposes to amend Commentary .07(c) and (d) to
Rule 6.4 to indicate that any initial or additional strike prices
listed by the Exchange shall be reasonably close to the price of the
underlying equity security and within the following parameters: (i) If
the price of the underlying security is less than or equal to $20,
strike prices shall be not more than one hundred percent (100%) above
or below the price of the underlying security; and (ii) if the price of
the underlying security is greater than $20, strike prices shall be not
more than fifty percent (50%) above or below the price of the
underlying security.\24\
---------------------------------------------------------------------------

    \24\ The price of the underlying security is calculated in
accordance with Rule 6.4A.
---------------------------------------------------------------------------

    The Exchange is also proposing to amend Commentary .07(d) to Rule
6.4 to indicate that the Exchange may open additional strike prices of
STOS that are no more than 50% above or below the current value of the
underlying security (if the price is greater than $20); provided that
demonstrated customer interest exists for such series, as expressed by
institutional, corporate or individual customers or their brokers.
Market-Makers trading for their own account shall not be considered
when determining customer interest under this provision. The Exchange
notes that this aspect of Part II of the Proposal differs from the
recently amended rules of other exchanges, which permit those exchanges
to open additional strike prices for STOS that are more than 50% above
or below the current price of the underlying security if the price of
the underlying security is greater than $20.00.\25\ However, the
Exchange believes that its proposed amendment is consistent with the
process for adding new series of options found in subsection 3(g)(i) of
the Options Listing Procedures Plan (``OLPP''), which is codified in
Rule 6.4A. Specifically, Rule 6.4A(b)(i) provides that an option series
price has to be reasonably close to the price of the underlying
security and must not exceed a maximum of 50% or 100%, depending on the
price, from the underlying security. The rule further provides that if
the price of the underlying security is greater than $20, the Exchange
shall not list new option series with an exercise price more than 50%
above or below the price of the underlying security. The Exchange
believes that its proposed amendment to Commentary .07(d) to Rule 6.4
is aligned with OLPP procedures, as codified in Rule 6.4A(b)(i).
Moreover, the Exchange believes that its proposed amendment is a
reasonable enhancement to the STOS Program in that it harmonizes the
Program internally by adopting consistent parameters for opening STOS
and listing additional strike prices.
---------------------------------------------------------------------------

    \25\ See PHLX Commentary .11(d) of Rule 1012; CBOE 5.5(d)(4);
ISE Supplementary Material .02(d) to Rule 504. See also PHLX
Commentary .10(a) of Rule 1012; CBOE Rule 5.5A; ISE Rule 504A(b)(i).
---------------------------------------------------------------------------

    Next, the Exchange proposes to simplify the delisting language in
Commentary .07(d) to Rule 6.4 by removing the current range methodology
that states, in part, that the Exchange will delist certain series ``so
as to list series that are at least 10% but

not more than 30% above or below the current price of the underlying
security.'' \26\ As proposed, if the underlying security has moved such
that there are no series that are at least 10% above or below the
current price of the underlying security, the Exchange will continue to
delist any series with no open interest in both the call and the put
series having a: (i) Strike higher than the highest price with open
interest in the put and/or call series for a given expiration week; and
(ii) strike lower than the lowest strike price with open interest in
the put and/or the call series for a given expiration week. The
Exchange notes that new series added after delisting will not be
constrained by the prior range methodology. The Exchange believes that,
like the other aspects of this Proposal, this proposed amendment will
add clarity and certainty to the STOS process on the Exchange.
---------------------------------------------------------------------------

    \26\ See Commentary .07(d) to Rule 6.4.
---------------------------------------------------------------------------

    Finally, the Exchange proposes to add $2.50 strike price intervals
to the STOS Program. Specifically, the Exchange proposes to amend
Commentary .07(e) to Rule 6.4 to indicate that the interval between
strike prices on STOS may be $2.50 or greater where the strike price is
above $150. This proposed change complements the current STOS strike
price intervals of $0.50 or greater where the strike price is less than
$75 (or for STOS classes that trade in one dollar strike intervals),
and $1 or greater where the strike price is between $75 and $150 for
all classes that participate in the STOS Program. This proposed change
would align the Exchange with other options exchanges participating in
the STOS Program, while permitting the listing of an additional strike
interval for higher priced underlying securities that complements the
current intervals.\27\
---------------------------------------------------------------------------

    \27\ See supra n.15.
---------------------------------------------------------------------------

    With regard to the impact of this Proposal on system capacity, the
Exchange has analyzed its capacity and represents that it and the
Options Price Reporting Authority have the necessary systems capacity
to handle the potential additional traffic associated with the proposed
expansion of the STOS Program. While the expansion of the STOS Program
is expected to generate additional quote traffic, the Exchange believes
that this increased traffic will be manageable. The Exchange also notes
that any series added under this expansion would be subject to quote
mitigation.\28\ Although the number of classes participating in the
STOS Program would increase, that increase would be limited, as
described above, and consistent with existing, similar programs on
other exchanges.\29\ Further, the Exchange does not believe that the
Proposal will result in a material proliferation of additional series
because it is limited to a fixed number of classes.
---------------------------------------------------------------------------

    \28\ See Commentary .03 to Rule 6.86.
    \29\ See supra nn.4, 15.
---------------------------------------------------------------------------

    As noted above, the STOS Program has been very well-received by
market participants, in particular by retail investors. There is
continuing strong customer demand for having the ability to execute
hedging and trading strategies via STOS, particularly in the current
fast and volatile multi-faceted trading and investing environment that
extends across numerous markets and platforms.\30\ The Exchange has
been requested by traders and other market participants to expand the
STOS Program to allow additional STOS offerings and increased
efficiency.\31\
---------------------------------------------------------------------------

    \30\ These include, without limitation, options, equities,
futures, derivatives, indexes, ETFs, exchange traded notes,
currencies, and over the counter instruments.
    \31\ In order that the Exchange not exceed the current thirty
option class and twenty initial option series restriction, the
Exchange has on occasion had to turn away STOS customers (traders
and investors) because it could not list, or had to delist, STOS or
could not open adequate STOS series because of restrictions in the
STOS Program. This has negatively impacted investors and traders,
particularly retail investors, who have continued to request that
the Exchange add, or not remove, STOS classes, or have requested
that the Exchange expand the STOS Program so that additional STOS
classes and series could be opened that would allow the market
participants to execute trading and hedging strategies.
---------------------------------------------------------------------------

    Finally, the Exchange notes that other options exchanges have rules
similar to this Proposal and other exchanges will continue to adopt
similar rules, which continued expansion of the STOS Program the
Exchange believes will serve to promote competition amongst the
exchanges. The Exchange believes that the current Proposal will permit
the Exchange to meet increased customer demand and provide market
participants with the ability to hedge in a greater number of option
classes and series.
 2. Statutory Basis
    The Exchange believes that the Proposal is consistent with Section
6(b) of the Act,\32\ in general, and furthers the objectives of Section
6(b)(5),\33\ in particular, in that it is designed to promote just and
equitable principles of trade, to remove impediments to, and perfect
the mechanism of a free and open market and, in general, to protect
investors and the public interest. Additionally, the Exchange believes
the proposed rule change is consistent with the Section 6(b)(5) \34\
requirement that the rules of an exchange not be designed to permit
unfair discrimination between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \32\ 15 U.S.C. 78f(b).
    \33\ 15 U.S.C. 78f(b)(5).
    \34\ Id.
---------------------------------------------------------------------------

    The Exchange believes that all of the elements of the Proposal,
including allowing for the listing of STOS on each of the next five
Fridays that are business days and are not Fridays in which monthly
options series or quarterly options series expire at one time,
expanding the classes and additional series that can be opened in the
STOS Program, simplifying the delisting process, and allowing $2.50
strike price intervals, will result in a continuing benefit to
investors by giving them more flexibility to closely tailor their
investment and hedging decisions in greater number of securities, thus
allowing them to better manage their risk exposure. The Exchange
believes this Proposal to expand the STOS Program would make the
Program more effective, would harmonize the provisions with the OLPP,
and would create more clarity in the Exchange's rules to the benefit of
investors, market participants and the market in general. For the
foregoing reasons, the Exchange also believes that the proposed rule
changes are equitable and not unfairly discriminatory as the benefits
from the expansion of the STOS Program will be available to all market
participants.
    With regard to the impact of this Proposal on system capacity, the
Exchange has analyzed its capacity and represents that it and the
Options Price Reporting Authority have the necessary systems capacity
to handle the potential additional traffic associated with the proposed
expansion of the STOS Program. While the expansion of the STOS Program
is expected to generate additional quote traffic, the Exchange believes
that this increased traffic will be manageable. The Exchange also notes
that any series added under this expansion would be subject to quote
mitigation.\35\ Although the number of classes participating in the
STOS Program would increase, that increase would be limited, as
described above, and consistent with existing, similar programs on
other exchanges.\36\ Further, the Exchange does not believe that the
Proposal will result in a material proliferation of additional series
because it is limited to a fixed number of classes.
---------------------------------------------------------------------------

    \35\ See Commentary .03 to Rule 6.86.
    \36\ See supra nn.4, 15.

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

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

    The Exchange does not believe that the Proposal will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act. To the contrary, the Exchange believes the
Proposal is pro-competitive and will allow the Exchange to compete more
effectively with other options exchanges that have already adopted
changes to their STOS Programs that are substantially identical to the
changes proposed by this filing.\37\ The Exchange believes that the
Proposal will result in additional investment options and opportunities
to achieve the investment objectives of market participants seeking
efficient trading and hedging vehicles, to the benefit of investors,
market participants, and the marketplace in general.
---------------------------------------------------------------------------

    \37\ See supra nn.4, 15.
---------------------------------------------------------------------------

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

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

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \38\ and Rule 19b-4(f)(6)
thereunder.\39\
---------------------------------------------------------------------------

    \38\ 15 U.S.C. 78s(b)(3)(A).
    \39\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Exchange stated that waiver of this requirement will allow
the Exchange to compete with other options exchanges that have expanded
their STOS Programs without putting the Exchange at a competitive
disadvantage. The Exchange also stated that the proposal would help
eliminate investor confusion and promote competition among the options
exchanges. For these reasons, the Commission believes that the proposed
rule change presents no novel issues and that waiver of the 30-day
operative delay is consistent with the protection of investors and the
public interest; and will allow the Exchange to remain competitive with
other exchanges. Therefore, the Commission designates the proposed rule
change to be operative upon filing.\40\
---------------------------------------------------------------------------

    \40\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml ); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2014-24 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2014-24. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2014-24 and should
be submitted on or before April 15, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\41\
---------------------------------------------------------------------------

    \41\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-06463 Filed 3-24-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)]
[Proposed Rules]
[Pages 53432-53433]
[FR Doc No: 2017-24866]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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

Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 21

[Docket No. FAA-2017-1058]

Airworthiness Criteria: Special Class Airworthiness Criteria for
the FlightScan Corporation Camcopter S-100

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed interim airworthiness criteria.

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

SUMMARY: The FAA announces the availability of and requests comments on
proposed airworthiness criteria for the Unmanned Aircraft System,
FlightScan Corporation, Camcopter S-100. This document provides
proposed policy for airworthiness criteria to address the designation
of applicable regulations and other criteria for special classes of
aircraft. In addition to the proposed airworthiness criteria presented
in this document, we are also referencing operational considerations
that have been used to support the development of the airworthiness
criteria. We consider these proposed criteria to be interim because we
anticipate the evolution of new operational criteria will necessitate
additional airworthiness criteria in order to allow for the operation
of the Camcopter S-100 in the National Airspace System. When those
additional operational criteria are further established, we will again
provide public notice of proposed policy with additional airworthiness
criteria along with changes incorporated to these criteria based on the
public comments received.

DATES: Send comments on or before December 18, 2017.

ADDRESSES: Send comments identified by docket number FAA-2017-1058
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery of Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m., and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://regulations.gov, including any personal information
the commenter provides. Using the search function of the docket Web
site, anyone can find and read the electronic form of all comments
received into any FAA docket, including the name of the individual
sending the comment (or signing the comment for an association,
business, labor union, etc.). DOT's complete Privacy Act Statement can
be found in the Federal Register published on April 11, 2000 (65 FR
19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m., and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Raymond Johnston, AIR-692, Federal
Aviation Administration, Policy & Innovation Division, Small Airplane
Standards Branch, Aircraft Certification Service, 901 Locust, Room 301,
Kansas City, MO 64106, telephone<PHONE_NUMBER>, facsimile (816) 329-
4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite interested people to take part in the development of this
policy by sending written comments, data, or views. The most helpful
comments reference a specific portion of the airworthiness criteria,
explain the reason for any recommended change, and include supporting
data. We ask that you send us two copies of written comments.
    We will consider all comments received on or before the closing
date for comments. We will consider comments filed late if it is
possible to do so without incurring expense or delay. We may change
these airworthiness criteria based on received comments or based on
evolving operational criteria.

Background

    FlightScan Corporation (FlightScan) applied to the Federal Aviation
Administration on June 1, 2015 for special class type certification
under Title 14, Code of Federal Regulations (14 CFR) 21.17(b) for the
Camcopter S-100 Unmanned Aircraft System (UAS).
    The Camcopter S-100 UAS (S-100) consists of the unmanned aircraft
(UA) and its associated elements (including communication links and the
components that control the unmanned aircraft). The S-100 is a vertical
take-off UAS that is of the traditional main/tail rotor helicopter
design. The fuselage is made of carbon fiber and titanium. The S-100 is
powered by a liquid cooled rotary engine and has a maximum take-off
weight of 440 pounds which can include a maximum payload of up to 110
pounds. The main rotor diameter is approximately 134 inches. The UAS is
intended to be used to conduct airborne surveying of power transmission
infrastructure using aerial photogrammetry.

Risk Classes

    To facilitate the establishment of an initial risk class for UAS,
the FAA proposes a scale of risk based on kinetic energy.\1\ These
proposed risk classes are based on logical break points between data
clusters that parallel the existing classes of aircraft defined in AC
23.1309-1E,\2\ the size boundaries for Light-Sport Aircraft, and the
size boundaries in 14 CFR part 107. These energy based classifications
for UAS are given in the definitions section of the Airworthiness
Criteria for the FlightScan

Camcopter S-100, which has been placed in the docket. The S-100 would
be considered Risk Class 3.
---------------------------------------------------------------------------

    \1\ Within these risk categories, the FAA recognizes the
opportunity to further define risk classes based on UAS operational
considerations in the National Airspace System.
    \2\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf/0/719E41E1D26099108625795D005D5302?OpenDocument&Highlight=ac%2023.1309-1e.
---------------------------------------------------------------------------

Operational Considerations

    The following operational considerations were evaluated during the
development of this document:
    1. The S-100 would be used for power transmission line survey
operations. It operates in a designated corridor and area within the
right-of-way of the power transmission lines and is operationally
limited to 100 feet above and laterally within 100 feet of the power
line it would be surveying.
    2. While there is minimal population exposure within the power
transmission line right-of-way, the mission path would cross several
public highways and pass in close proximity to several neighborhoods
with population densities of less than 950 people per square mile.
    3. The S-100 would operate Beyond Visual Line of Sight (BVLOS).
BVLOS for this UAS is defined as those operations that do not conform
to the definition of Visual Line of Sight (VLOS) in 14 CFR part 107.31
at amendment 107-1.
    4. The radio control uplink and downlink would operate within
frequencies approved by the Federal Communications Commission (FCC).
    5. This S-100 is designed to operate both autonomously and manually
by the pilot-in-command (PIC).
    6. Minimum crew includes one PIC, one mission specialist, and one
mission flight director.
    7. The minimum crew would operate only one S-100 at any time.
    8. The aircraft would remain within Radio Line of Sight (RLOS) of
the control station. RLOS refers to the straight and unobstructed path
between the transmitting and receiving antennas.
    9. The control station would be ground based.
    10. All crew would be FAA certified airmen with current and
applicable medical credentials.
    11. All crew would successfully complete required crew training.
    12. Maintenance personnel would hold appropriate FAA maintenance
certificates.
    13. Maintenance personnel would complete required maintenance
training.

Unresolved Criteria

    The FAA's ongoing development of operational criteria will
necessitate the incorporation of additional airworthiness criteria into
the S-100 and may also necessitate future clarity of the airworthiness
criteria published in the Airworthiness Criteria for the FlightScan
Camcopter S-100, available in the docket. These may include but are not
necessarily limited to the following--
    1. Command and Control (*) \3\--UAS control and communications link
security is a key safety and interoperability requirement in
integrating civil UAS into the National Airspace System NAS;
---------------------------------------------------------------------------

    \3\ Criteria that have not yet been developed are identified
with an asterisk (*).
---------------------------------------------------------------------------

    2. Sense and Avoid (SAA) Equipage (*)--SAA systems could serve as a
means of compliance with 14 CFR 91.113 right-of-way rules and others.
Issues associated with the use of SAA systems to comply with 14 CFR 91
requirements and others, if any, must be identified; and
    3. Noise Act Finding (*)--Noise standards have not been developed
for UAS.

Proposed Airworthiness Criteria

    The FAA has not previously published airworthiness criteria for
UAS. The FAA proposes new type certification airworthiness criteria for
the FlightScan Camcopter S-100 as found in Airworthiness Criteria for
the FlightScan Camcopter S-100, Revision 0, dated November 3, 2017.
Locate the document at http://www.regulations.gov using docket number
FAA-2017-1058.

    Issued in Kansas City, Missouri, on November 8, 2017.
Pat Mullen,
Manager, Small Airplane Standards Branch, Aircraft Certification
Service.
[FR Doc. 2017-24866 Filed 11-15-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: February 5, 2009 (Volume 74, Number 23)]
[Notices]
[Page 6203-6204]
[DOCID:fr05fe09-70]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2009-0395]

Agency Information Collection Activities; Revision and Renewal of
a Currently Approved Information Collection: OMB Control No. 2126-0017
(Financial Responsibility--Motor Carriers, Freight Forwarders and
Brokers)

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

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for its
review and approval. The FMCSA requests OMB approval to revise and
renew a currently-approved ICR entitled, ``Financial Responsibility,
Trucking and Freight Forwarding,'' to reflect an increase in burden
hours due to an increase in the estimated number of annual responses.
In addition, the title of the ICR is being changed to ``Financial
Responsibility--Motor Carriers, Freight Forwarders and Brokers,'' to
better describe its purpose. This ICR sets forth the financial
responsibility documentation requirements for motor carriers (property
and passenger), freight forwarders and property brokers so they can
maintain the minimum levels of financial responsibility required under
the Federal Motor Carrier Safety Regulations (FMCSRs) to operate in
interstate, foreign or intrastate commerce. On November 24, 2008, FMCSA
published a Federal Register notice allowing for a 60-day comment
period on the ICR. No comments were received.

DATES: Please send your comments by March 9, 2009. OMB must receive
your comments by this date in order to act quickly on the ICR.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and

Budget. Comments should be addressed to the attention of the Desk
Officer, Department of Transportation/Federal Motor Carrier Safety
Administration, and sent via electronic mail to oira_
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street, NW., Washington,
DC 20503.

FOR FURTHER INFORMATION CONTACT: Ms. Dorothea Grymes, Transportation
Specialist, Office of Enforcement and Compliance, Commercial
Enforcement Division, Department of Transportation, Federal Motor
Carrier Safety Administration, 6th Floor, West Building, 1200 New
Jersey Ave., SE., Washington, DC 20590-0001. Telephone Number: (202)
385-2405; e-mail Address<EMAIL_ADDRESS>Office hours are
from 9 a.m. to 5 p.m., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:
    Title: Financial Responsibility--Motor Carriers, Freight Forwarders
and Brokers (formerly titled ``Financial Responsibility, Trucking and
Freight Forwarding'').
    OMB Control Number: 2126-0017.
    Type of Request: Revision of a currently-approved information
collection.
    Respondents: Motor carriers, freight forwarders and brokers.
    Estimated Number of Respondents: 251,415.
    Estimated Time per Response: The estimated average burden per
response for the Form BMC-40 is 40 hours. The estimated average burden
per response for all of the other remaining insurance forms (BMC-32,
34, 35, 36, 82, 83, 84, 85, 90, 91, and 91X) is 10 minutes per form.
    Expiration Date: February 28, 2009.
    Frequency of Response: Certificates of insurance, surety bonds, and
trust fund agreements are required when the transportation entity first
registers with the FMCSA and then when such coverages are changed or
replaced by these entities. Notices of cancellation are required only
when such certificates of insurance, surety bonds or trust fund
agreements are canceled. The Form BMC-40 is generally filed only when a
carrier seeks approval from FMCSA to self-insure its bodily injury and
property damage (BI&PD) and/or cargo liability coverage.
    Estimated Total Annual Burden: 66,960 hours [200 hours (5 BMC-40
filings per year x 40 hours to complete) + 66,760 hours (400,560
filings per year for all of the other insurance forms x 10 minutes/60
minutes to complete) = 66,960 hours].

Background

    The Secretary of Transportation (Secretary) is authorized to
register for-hire motor carriers of property and passengers under the
provisions of 49 U.S.C. 13902, surface freight forwarders under the
provisions of 49 U.S.C. 13903, and property brokers under the
provisions of 49 U.S.C. 13904. These persons may conduct transportation
services only if they are registered pursuant to 49 U.S.C. 13901. The
Secretary has delegated authority pertaining to these registration
requirements to the FMCSA. The registration remains valid only as long
as these transportation entities maintain, on file with the FMCSA,
evidence of the required levels of insurance coverage. See 49 U.S.C.
13906. FMCSA regulations governing the financial responsibility
requirements for these entities are found at 49 CFR part 387.

Forms for Endorsements, Certificates of Insurance and Others

    Evidence of Bodily Injury and Property Damage (BI&PD) Liability.
Forms BMC-91 and 91X entitled, ``Motor Carrier Automobile Bodily Injury
and Property Damage Liability Certificate of Insurance,'' and Form BMC-
82 entitled, ``Motor Carrier Bodily Injury and Property Damage
Liability Surety Bond Under 49 U.S.C. Sec.  13906,'' provide evidence
of the required coverage for BI&PD liability.
    Requirement to obtain Surety Bond or Trust Fund Agreement. Form
BMC-34 entitled, ``Motor Carrier Cargo Liability Certificate of
Insurance,'' and Form BMC-83 entitled ``Motor Carrier Cargo Liability
Surety Bond Under 49 U.S.C. 13906,'' establish a carrier's compliance
with the agency's cargo liability requirements. Form BMC-84 entitled,
``Property Broker's Surety Bond Under 49 U.S.C. 13906,'' and Form BMC-
85 entitled, ``Property Broker's Trust Fund Agreement Under 49 U.S.C.
13906,'' are filed by brokers to comply with the requirement that they
must have a $10,000 surety bond or trust fund agreement in effect
before FMCSA will issue a property broker license.
    Cancellation of Prior Filings. Form BMC-35 entitled, ``Notice of
Cancellation Motor Carrier Insurance Under 49 U.S.C. 13906,'' Form BMC-
36 entitled, ``Notice of Cancellation Motor Carrier and Brokers Surety
Bonds Under 49 U.S.C. 13906,'' and Form 85 entitled, ``Property
Broker's Trust Fund Agreement Under 49 U.S.C. 13906,'' cancel prior
filings.
    Endorsements. Form BMC 90 entitled, ``Endorsement for Motor Carrier
Policies of Insurance for Automobile Bodily Injury and Property Damage
Liability Under Section 13906, Title 49 of the United States Code,''
and Form BMC-32 entitled, ``Endorsement for Motor Common Carrier
Policies of Insurance for Cargo Liability Under 49 U.S.C. 13906,'' are
executed by the insurance company, attached to BI&PD and cargo
insurance policies, respectively, and forwarded to the motor carrier or
freight forwarder. These endorsements are not filed with the FMCSA.
    Self Insurance Filings. A motor carrier can also apply to the FMCSA
to self-insure BI&PD and/or cargo liability in lieu of filing
certificates of insurance with the FMCSA, as long as the carrier
maintains a satisfactory safety rating. See 49 CFR 387.7(d)(3) and
387.309. The Form BMC-40 is the application used by carriers to apply
for self-insurance authority.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for the agency to perform its mission; (2) the
accuracy of the estimated burden; (3) ways for the FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize or include your
comments in the request for OMB's clearance of this information
collection.

    Issued on: January 29, 2009.
Terry Shelton,
Associate Administrator for Research and Information Technology.
[FR Doc. E9-2450 Filed 2-4-09; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register: June 2, 2010 (Volume 75, Number 105)]
[Notices]
[Page 30825-30827]
[DOCID:fr02jn10-73]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9157-3; Docket ID No. EPA-HQ-ORD-2010-0396]

Draft Toxicological Review of Formaldehyde in Support of Summary
Information on the Integrated Risk Information System (IRIS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public comment period and listening session.

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

SUMMARY: EPA is announcing a 90-day public comment period and a public
listening session for the external review draft human health assessment
titled, ``Toxicological Review of Formaldehyde Inhalation Assessment:
In Support of Summary Information on the Integrated Risk Information
System (IRIS)'' (EPA/635/R-10/002C). The draft assessment was prepared
by the National Center for Environmental Assessment (NCEA) within the
EPA Office of Research and Development (ORD). EPA is releasing this
draft assessment solely for the purpose of pre-dissemination peer
review under applicable information quality guidelines. This draft
assessment has not been formally disseminated by EPA. It does not
represent and should not be construed to represent any Agency policy or
determination. A committee of the National Research Council, acting
under the auspices of National Academy of Sciences (NAS), will conduct
an independent scientific peer review of the EPA draft human health
assessment of formaldehyde. The peer review committee will hold
meetings, some of which may involve public sessions. Public sessions
will be announced before each meeting on the National Academies Web
site (http://www8.nationalacademies.org/cp/projectview.aspx?key=49207).
The public comment period and NAS scientific peer review are separate
processes that provide opportunities for all interested parties to
comment on the assessment. Due to the timing of the NAS peer review
meetings, one or more NAS meetings may take place before the close of
EPA's public comment period (see DATES below). For NAS meetings that
occur during the public comment period, EPA will provide all public

comments to the NAS at least 5 working days before the meeting date
announced on the National Academies website. All comments provided to
the EPA during the public comment period will inform the Agency's
revision of the draft assessment.
    An EPA listening session will be held on July 27, during the public
comment period for this draft assessment. The purpose of the listening
session is to allow all interested parties to present scientific and
technical comments on draft IRIS health assessments to EPA and other
interested parties attending the listening session. EPA welcomes the
comments that will be provided to the Agency by the listening session
participants. The comments will be considered by the Agency as it
revises the draft assessment after the NAS external peer review. If
listening session participants wish EPA to share their comments with
the peer review committee before their meeting, they should also submit
written comments at least 5 working days before the meeting date
announced on the National Academies website, using the detailed and
established procedures described in the SUPPLEMENTARY INFORMATION
section of this notice.

DATES: The public comment period begins June 2, 2010, and ends August
31, 2010. Comments should be in writing and must be received by EPA by
August 31, 2010.
    The listening session on the draft assessment for formaldehyde will
be held on July 27, beginning at 9 a.m. and ending at 4 p.m., Eastern
Daylight Time. Interested parties who wish to attend the listening
session should register no later than July 20. If you wish to present
at the listening session, indicate in your registration that you would
like to present oral comments and provide the length of your
presentation. To register send an e-mail to
<EMAIL_ADDRESS>(subject line: Formaldehyde Listening
Session); call Christine Ross at<PHONE_NUMBER>; or fax a registration
request to<PHONE_NUMBER>. Please reference the ``Formaldehyde Listening
Session'' and include your name, title, affiliation, full address and
contact information. Indicate if you will need audio-visual equipment
(e.g., laptop computer and slide projector). In general, each
presentation should be no more than 30 minutes. If, however, there are
more requests for presentations than the allotted time allows, then the
time limit for each presentation will be adjusted. A copy of the agenda
for the listening session will be available at the meeting. If no
speakers have registered by July 20, the listening session will be
cancelled, and EPA will notify those registered of the cancellation.

ADDRESSES: The draft ``Toxicological Review of Formaldehyde Inhalation
Assessment: In Support of Summary Information on the Integrated Risk
Information System (IRIS)'' is available primarily via the Internet on
the NCEA home page under the Recent Additions and Publications menus at
http://www.epa.gov/ncea. A limited number of paper copies are available
from the Information Management Team (Address: Information Management
Team, National Center for Environmental Assessment (Mail Code: 8601P),
U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460; telephone:<PHONE_NUMBER>; facsimile: 703-347-
8691). If you request a paper copy, please provide your name, mailing
address, and the draft assessment title.
    Comments may be submitted electronically via http://
www.regulations.gov, by e-mail, by mail, by facsimile, or by hand
delivery/courier. Please follow the detailed instructions provided in
the SUPPLEMENTARY INFORMATION section of this notice.
    The listening session on the draft assessment for formaldehyde will
be held at the EPA offices at Potomac Yard North Building, N-4830, 2733
South Crystal Drive, Arlington, Virginia 22202. Please note that to
gain entrance to this EPA building to attend the Formaldehyde Listening
Session, you must have photo identification and must register at the
guard's desk in the lobby. The guard will retain your photo
identification and will provide you with a visitor's badge. At the
guard's desk, you should provide the name Christine Ross and the
telephone number<PHONE_NUMBER> to the guard on duty. The guard will
contact Ms. Ross who will meet you in the reception area to escort you
to the meeting room. When you leave the building, please return your
visitor's badge to the guard and you will receive your photo
identification.
    A teleconference line will also be available for registered
attendees/speakers. The teleconference number is<PHONE_NUMBER>, and the
access code is<PHONE_NUMBER>, followed by the pound sign ().
The teleconference line will be activated at 8:45 a.m., and you will be
asked to identify yourself and your affiliation at the beginning of the
call.
    Information on Services for Individuals with Disabilities: EPA
welcomes public attendance at the Formaldehyde Listening Session and
will make every effort to accommodate persons with disabilities. For
information on access or services for individuals with disabilities,
please contact Christine Ross by phone at<PHONE_NUMBER> or by e-mail at
<EMAIL_ADDRESS>To request accommodation for a
disability, please contact Ms. Ross, preferably at least 10 days prior
to the meeting, to give EPA as much time as possible to process your
request.
    Additional Information: For information on the docket,
www.regulations.gov, or the public comment period, please contact the
Office of Environmental Information (OEI) Docket (Mail Code: 2822T),
U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>;
or e-mail<EMAIL_ADDRESS>    For information on the Formaldehyde Listening Session, please
contact Christine Ross, IRIS Staff, National Center for Environmental
Assessment (Mail Code: 8601P), U.S. Environmental Protection Agency,
1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone: 703-
347-8592; facsimile:<PHONE_NUMBER>; or e-mail:
<EMAIL_ADDRESS>    For information on the draft assessment, please contact John
Whalan, National Center for Environmental Assessment (Mail Code:
8601P), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue,
NW., Washington, DC 20460; telephone:<PHONE_NUMBER>; facsimile: 703-
347-8689; or e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Information About IRIS

    EPA's IRIS is a human health assessment program that evaluates
quantitative and qualitative risk information on effects that may
result from exposure to chemical substances found in the environment.
Through the IRIS Program, EPA provides the highest quality science-
based human health assessments to support the Agency's regulatory
activities. The IRIS database contains information for more than 540
chemical substances that can be used to support the first two steps
(hazard identification and dose-response evaluation) of the risk
assessment process. When supported by available data, IRIS provides
oral reference doses (RfDs) and inhalation reference concentrations
(RfCs) for chronic noncancer health effects and cancer assessments.
Combined with specific exposure information, government and private
entities use IRIS to help characterize public health risks of chemical
substances in a site-specific

situation and thereby support risk management decisions designed to
protect public health.

II. How to Submit Comments to the Docket at http://www.regulations.gov

    Submit your comments, identified by Docket ID No. EPA-HQ-ORD-2010-
0396, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>      Facsimile:<PHONE_NUMBER>.
     Mail: Office of Environmental Information (OEI) Docket
(Mail Code: 2822T), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460. The telephone number is
202-566-1752. If you provide comments by mail, please submit one
unbound original with pages numbered consecutively, and three copies of
the comments. For attachments, provide an index, number pages
consecutively with the comments, and submit an unbound original and
three copies.
     Hand Delivery: The OEI Docket is located in the EPA
Headquarters Docket Center, EPA West Building, Room 3334, 1301
Constitution Ave., NW., Washington, DC. The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>. Deliveries are only accepted during the
Public Reading Room's normal hours of operation, and special
arrangements should be made for deliveries of boxed information. If you
provide comments by hand delivery, please submit one unbound original
with pages numbered consecutively, and three copies of the comments.
For attachments, provide an index, number pages consecutively with the
comments, and submit an unbound original and three copies.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2010-0396. Please ensure that your comments are submitted within the
specified comment period. Comments received after the closing date will
be marked ``late,'' and may only be considered if time permits. It is
EPA's policy to include all comments it receives in the public docket
without change and to make the comments available online at http://
www.regulations.gov, including any personal information provided,
unless comments include information claimed to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Do not submit information that you consider to be CBI or
otherwise protected through http://www.regulations.gov or e-mail. The
http://www.regulations.gov website is an ``anonymous access'' system,
which means that EPA will not know your identity or contact information
unless you provide it in the body of your comments. If you send e-mail
comments directly to EPA without going through http://
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comments that are placed in the public
docket and made available on the Internet. If you submit electronic
comments, EPA recommends that you include your name and other contact
information in the body of your comments and with any disk or CD-ROM
you submit. If EPA cannot read your comments due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comments. Electronic files should avoid the use
of special characters and any form of encryption and be free of any
defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
at http://www.regulations.gov or in hard copy at the OEI Docket in the
EPA Headquarters Docket Center.

    Dated: May 25, 2010.
Rebecca Clark,
Acting Director, National Center for Environmental Assessment.
[FR Doc. 2010-13097 Filed 6-1-10; 8:45 am]
BILLING CODE 6560-50-P


the Smithsonian Institution, and other government, academic, and
private institutions.
    5. Collects, processes, and preserves artifacts that capture the
history of FDA's work, represent the commodities it regulates, and
document the breadth of its responsibilities. Mounts a variety of
exhibits in collaboration with other public and private institutions to
educate agency employees and the public about the history and work of
the FDA.
    6. Partners with the National Library of Medicine, History of
Medicine Division, to create and make available transcripts and
recordings of an oral history program that documents FDA's
institutional history, through personal interviews with key exiting FDA
employees.
    Office of Real Property Services:
    1. Provides leadership and guidance to agency components for all
aspects of real property management functions.
    2. Directs the management of programs and systems leading to the
acquisition, alteration, maintenance, and utilization of leased and
owned facilities nationwide, except for the acquisition of buildings
for the White Oak Headquarters Consolidation.
    3. Directs building operations functions for all Food and Drug
Administration (FDA) facilities nationwide.
    4. Manages the program and provides direct interface with General
Services Administration (GSA) for lease acquisition and lease
management for all agency facilities nationwide.
    5. Serves as liaison with the Department of Health and Human
Services (DHHS) and GSA for general facilities management issues and
specifically for the efficient management and operation of facilities
occupied by FDA programs nationwide.
    6. Directs and manages an excess of $221 million dollar
appropriation for the acquisition, operation, construction, maintenance
for the agency's nationwide real property portfolio.
    7. Provides leadership and direction to assure the efficient and
effective utilization of FDA's resources dedicated to engineering
design, facility improvements, and new construction of FDA facilities
nationwide.
    8. Establishes management structure and dialog with GSA and the
architectural engineering design and construction contractors to ensure
FDA program needs and concerns are fully addressed.
    9. Ensures meaningful and continuous communication with community
leaders and associations, State and local governments, and business
leaders in areas where FDA proposes new facilities.
    10. Develops and implements program plans, policies and procedures
designed to create and maintain a safe and healthful environment for
FDA employees, visitors, and guest workers, and to protect the
environment.
    11. Develops agency plans, policy and procedures consistent with
new environmental health and safety regulatory requirements and agency
needs. Provides fire protection, safety engineering, and environmental
health consultation to the agency's program managers and engineering
offices.
    12. Leads the agency's decommissioning efforts to close FDA
laboratories and offices from an environmental, safety and health
perspective.
    13. Consults with program officials on safety matters pertaining to
changing and emerging research programs.
    14. Recommends special technical studies to increase the knowledge
of the relationship between occupational safety and environmental
health and laboratory programs of FDA.
    15. Provides support to the FDA Safety Advisory Board and conducts
the FDA Safety and Health Council meetings.
    16. Develops and implements a safety management quality assurance
program for the agency's multiple work sites nationwide. Develops and
implements a similar headquarters program consistent with the FDA
Safety Advisory Board recommendations and approval.
    Jefferson Laboratories Complex Staff:
    1. Provides leadership and direction regarding all aspects of
facilities management.
    2. Manages and coordinates all aspects of the Jefferson
Laboratories long range facilities planning.
    3. Develops renovation and improvement project definitions and
priorities for inclusion in the agency's Annual Facilities Plan and
budget.

    4. Provides leadership and direction to assure the efficient and
effective utilization of Jefferson Laboratories resources dedicated to
engineering design, facility improvements, maintenance and new
construction projects.
    Division of Engineering Services:
    1. Manages and directs design and construction requirements for
facility acquisitions within the agency. These requirements may
encompass the following activities singularly or in combination;
preparation of proposals, preparation of functional requirements,
program of requirements and criteria, architect and engineering
liaison, space design and planning, functional and technical reviews,
preliminary site selections, and project management for facilities
construction, renovation and improvement projects.
    2. Provides engineering guidance and support for all activities
related to maintenance, alterations, and repairs for agency facilities
nationwide.
    3. Directs and coordinates all agency facilities programs concerned
with equipment specifications and installation associated with facility
acquisitions. Assists the programs' staffs in developing compatible
facilities and equipment systems for the agency.
    4. Provides overall engineering services including: feasibility
studies, design criteria, concept, analysis, and estimates. Schedules
and tracks building and facilities projects and manages project design.
    5. Manages the FDA energy management program; develops agency
policy relating to the program; develops and enforces supporting agency
standards that comply with stated goals of the Department.
    6. Oversight of structural, architectural or mechanical
modifications to accommodate specific requirements in the existing FDA
portfolio.
    7. Prepares computer--aided design (CAD) drawings for the agency
and maintains file of master drawings for FDA portfolio.
    8. Administers agency contract for renovations/alterations of
office space.
    9. Provides space and alterations project management for existing
FDA space to program components.
    10. Develops, implements and manages integration of facilities
technologies.
    Environment, Safety and Strategic Initiatives Staff:
    1. Manages the agency's Environment, Safety and Health (EH&S)
Program;
    2. Oversees strategic management initiatives and programs initiated
at Government-wide, Departmental, agency and Office levels.
    3. Oversees and directs a variety of commercial contracts or
interagency agreements to ensure smooth and efficient delivery of
services.
    4. Participates in the development of agency policy involving EH&S
programs and services.
    5. Provides guidance and assistance to the agency operating
activities on a variety of EH&S and Strategic management issues.
    6. Actively participates in and supports the agency Facility
Management System used to manage FDA's Real Property Asset inventory.
    7. Receives and implements new initiatives for Real Property
Services (e.g. President Management Agenda initiatives; Office of
Management and Budget Scorecards; Department Objectives and agency
initiatives)
    Division of Facilities Operations:
    1. Coordinates building operations and facilities management
functions for all Food and Drug Administration (FDA) owned facilities
within the Washington metropolitan area which includes: Module 1 (MOD
1), and the Beltsville Research Facility (BRF). Through special
delegations of authority from the General Services Administration
(GSA), maintains responsibility for the total management, operation,
and maintenance of Federal Building 8 (FB-8) and Module 2 (MOD 2).
    2. Oversees and directs a variety of commercial contracts to ensure
smooth and efficient delivery of services.
    3. Participates in the development of agency policy involving
building management and operations.
    4. Provides guidance and assistance to the agency operating
activities on a variety of facilities operations issues.
    5. Coordinates office and laboratory relocations and provides
technical assistance to programs regarding effective space utilization.
    6. Provides guidance to program personnel in identifying or
developing alternatives or emergency procedures during scheduled and
unscheduled maintenance interruptions.
    7. Administers agency contracts for moving services and preventive
maintenance for government owned property.
    8. Manages and coordinates the General Services Administration
Delegations of Authority program for FDA nationwide. Responds, reviews,
and analyzes existing and proposed Delegation Agreements, Interagency
Agreements, Memorandum of Understandings regarding the agency's
nationwide property holdings for operational planning processes and
improvement.
    Portfolio Development Staff:
    1. Plans and develops the agency Annual Facilities Plan that
includes forecasts for long term, short term and immediate space needs
as well as annual facilities budgets for rent, operations and
maintenance and building and facilities.
    2. Develops multiple strategies for addressing FDA's long and short
range facility plans.
    3. Develops agency standards and enforcement of occupied and vacant
space utilization. 4. 4. 4. Prepares reports and space management
analysis of the agency's real property holdings. 5. 5. Analyzes agency
housing plans and performs real property occupied and vacant space 5.
customer analysis.
    6. Provides cost analysis support to agency components concerned
with leasing, construction, and finance costs.
    7. Manages the policy, acquisition, management and administration
of the agency's leased real property portfolio.
    8. Provides guidance and assistance to the agency operating
activities on a variety of nationwide real estate management issues.
    9. Serves as liaison with the Department of Health and Human
Services (DHHS) and the General Services Administration (GSA) for all
lease acquisition and lease management of FDA nationwide facilities.
    10. Conducts agency facility studies and develops specific long-
range facility plans for both headquarters and field operations.
    11. Directs or participates in, the preparation of the Program of
Requirements for new construction projects.
    Center for Tobacco Products:
    1. The Center for Tobacco Products will be established to address
the enactment of the Family Smoking and Tobacco Control Act. This
Office will consist of an Office of Management, an Office of Policy, an
Office of Regulations and an Office of Science.
    Office of the Center Director:
    1. Provides leadership and direction for all Center activities and
coordinates programs within the agency, Department and government
agencies.
    2. Plans, administers, coordinates, evaluates and implements
overall Center scientific, regulatory, compliance, enforcement and
management programs, policies and plans.
    3. Provides leadership and direction for Center management,
planning, and evaluation systems to ensure optimum utilization of
personnel, financial resources, and facilities.

    4. Establishes and manages a program to maintain the highest level
of quality and integrity for all Center laboratory studies and the
processing of regulatory samples, and ensures that all laboratories are
in compliance with Good Laboratory Practice Regulations.
    5. Coordinates and monitors the Center's overall research
portfolio, including all research-related activities and inquiries and
the development of strategic research program plans.
    6. Serves as the primary representational role for relationships
with the department, OMB, the White House, the Congress and the media.
    Office of Management:
    1. Provides support to the Center Director and Deputy Directors,
including the coordination and preparation of briefing materials and
background information for meetings, responses to outside inquires, and
maintenance and control of the Center Director's working files.
    2. Manages the Center's Freedom of Information Act activities,
coordinating responses with other Center technical, regulatory, and
policy units as well as developing direct responses.
    3. Provides correspondence control for the Center and controls and
processes all agency public correspondence directed to the Center
Director. Develops and operates tracking systems designed to identify
and resolve early warnings and bottleneck problems with executive
correspondence.
    4. Coordinates the Center's communications with the agency,
Department, and the other Federal government agencies.
    5. Provides authoritative advice and guidance to the Center
Director on management policies, guidelines, issues and concerns that
directly impact Center programs and initiatives.
    6. Provides leadership, guidance and directs the development of
long-range strategic and operational plans and systems for Center
activities and directs technical support staff in providing essential
management services and other critical support functions.
    7. Provides leadership and guidance as primary interface working
with the FDA Office of Shared Services to ensure provision of a broad
range of essential technical support services.
    8. Provides leadership and effective coordination as the primary
Center liaison and expert with the Office of Information Management for
provision and continuous improvement of information and technology
services for the Center to include networking, scientific computing
software engineering, systems, and telecommunications.
    9. Administers and executes Center program planning and performance
activities, budget formulation and execution, payroll, accounting,
fleet and property management functions.
    10. Analyzes, formulates and develops annual budget for the Center
in accordance with FDA, DHHS, OMB and Congressional guidelines.
Provides oversight and ensures compliance with all regulations
governing financial processes as outlined in OMB, GAO, DHHS and FDA
policies.
    11. Manages and maintains a management system for center wide
research and support functions.
    12. Develops, maintains, monitors, analyzes and reports data to
Center management and program officials on the Center's budget/planning
resource monitoring and evaluations systems.
    13. Manages, conducts, and analyzes studies designed to improve
Center processes and resource utilization and support requirements.
    14. Provides leadership, guidance, technical support and assistance
to Center managers, employees and shared services staff on services
including timekeeping, payroll, fleet management, personal property
management, travel, acquisitions and financial services.
    15. Provides leadership within the Center to assure compliance with
statutes, executive orders and administrative directives, such as the
Chief Financial Officer Act (CFO) and the Federal Financial Manager's
Financial Integrity Act (FMFIA).
    Office of Policy:
    1. Advises the Center Director and other key agency officials on
matters relating to agency policy, regulations and guidance,
legislative issues, and planning and evaluation activities.
    2. Participates with the Center Director in the formulation of the
basic policies and operational philosophy, which guide the agency in
effectively implementing its responsibilities.
    3. Oversees and directs the Centers planning and evaluation
activities, including the development of programs and planning
strategies through analysis and evaluation of issues affecting policies
and program performance.
    4. Advises and assists the Center Director and other key agency
officials concerning legislative needs, pending legislation and
oversight activities that affect FDA.
    5. Serves as the focal point for overall legislative liaison
activities within Center, FDA and between FDA, the Department, PHS and
other agencies related to Tobacco; analyzes the legislative needs of
the Center and drafts or develops legislative proposals, position
papers, and departmental reports on proposed legislation for approval
by the Center Director and Commissioner.
    6. Advises and assists members of Congress and congressional
committees and staffs in consultation with the Office of the Secretary,
on agency actions, policies, and issues related to legislation which
may affect the Center.
    Office of Regulations:
    1. Provides Center oversight and leadership in the development of
regulations, policies, procedures and guidance for the review and
regulation of tobacco products, their labels, and marketing, and in the
development of new legislation.
    2. Provides Center oversight and leadership in the administration
of the user fee billing and waiver program, and registration and
listing.
    3. Coordinates, interprets, and evaluates the Center's overall
compliance efforts. As necessary, establishes compliance policy or
recommends policy to the Center Director.
    4. Oversees and directs the agency's rulemaking activities and
regulation and guidance development system.
    5. Serves as the agency focal point for developing and maintaining
communications, policies, and programs with regard to regulations
development.
    6. Stimulates awareness within the agency of the need for prompt
and positive action to assure compliance by regulated industries; works
to assure an effective and uniform balance between voluntary and
regulatory compliance and agency responsiveness to consumer needs.
    7. Evaluates and coordinates all proposed legal actions to
ascertain compliance with regulatory policy and enforcement objectives.
    8. Develops and/or recommends to the Center Director policy,
programs, and plans for activities between the agency and State and
local agencies; administers the Center's overall Federal-State program
and policy; coordinates the program aspects of agency contracts with
State and local counterpart agencies.
    Office of Science:
    1. Serves as principal authority and provides leadership for the
Center's participation in the National Toxicology Program (NTP).
    2. Organizes, plans, and directs Center research programs in
accordance with Center-wide strategic direction. Implements Center-wide
strategies for achieving annual and long-range plans for research.
    3. Provides leadership and direction for communications among
scientific and administrative staffs.

    4. Organizes, plans, and directs the Center for research support in
the areas of Tobacco.
    Directs the development methods used to extrapolate test results
from animals to humans.
    5. Coordinates research in Center program areas with leading
scientists in other segments of FDA and the scientific community at
large and promotes and coordinates the Center's technology transfer
under the provisions of the Federal Technology Transfer Act.
    6. Coordinates with other Center and agency components and top
level officials of other agencies to provide input for long-term
research planning in responsible program areas.
    7. Insures that programs implemented are responsive to the Center's
portion of the agency's integrated research plan.
    8. Provides scientific oversight of Center research contracts and
agreements.
    9. Advises and assists the Center Director, Deputy Director, and
other key officials on scientific issues that have an impact on policy,
direction, and long-range goals.
    10. Coordinates and provides guidance on special and overall
science policy in program areas that cross major agency component lines
and scientific aspects that are critical or controversial, including
agency risk assessment policies.
    11. Represents the Center with other government agencies, state and
local governments, industry, academia, consumer organizations,
Congress, national and international organizations, and the scientific
community on tobacco science policy and tobacco science issues.
    12. Serves as the focal point for overall management of Center
activities related to science priorities, resources, and leveraging
efforts, as well as peer review of scientists and scientific programs.
    13. Advises the Commissioner, Deputy Commissioner, and other key
officials on scientific facilities and participates with other agency
components in planning such facilities.
    14. Administers the Tobacco Advisory Committee that advises the
Center Director, Deputy Director, and other key officials regarding the
quality and direction of tobacco science and scientific issues.
II. Delegation of Authority. Pending further delegation, directives or
orders by the Commissioner of the Food and Drugs, all delegations and
redelegations of authority made to officials and employees of affected
organizational components will continue in them or their successors
pending further redelegations, provided they are consistent with this
reorganization.

    Dated: August 7, 2009.
Kathleen Sebelius,
Secretary of Health and Human Services.
[FR Doc. E9-19680 Filed 8-17-09; 8:45 am]

BILLING CODE 4160-01-S