[Federal Register Volume 77, Number 182 (Wednesday, September 19, 2012)]
[Notices]
[Pages 58206-58207]
[FR Doc No: 2012-22997]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Operating
Requirements: Commuter and On Demand Operations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on July 9, 2012, vol. 77, no. 131, page 40404. 14 CFR part
135 prescribes requirement for Air Carrier/Commercial Operators. The
info collected shows compliance and applicant eligibility.

DATES: Written comments should be submitted by October 19, 2012.

FOR FURTHER INFORMATION CONTACT: Kathy DePaepe at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0039.
    Title: Operating Requirements: Commuter and On Demand Operations.
    Form Numbers: FAA form 8070-1.
    Type of Review: Renewal of an information collection.
    Background: Title 49 U.S.C., Section 44702 authorizes issuance of
air carrier operating certificates. 14 CFR part 135 prescribes
requirement for Air Carrier/Commercial Operators. Each operator which
seeks to obtain, or is in possession of, an air carrier or FAA
operating certificate must comply with the requirements of 14 CFR part
135 in order to maintain data which is used to determine if the carrier
is operating in accordance with minimum safety standards. Air carrier
and commercial operator certification is completed in accordance with
14 CFR part 119. Part 135 contains operations and maintenance
requirements.
    Respondents: 2,426 operators.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: Approximately 7.7 minutes.
    Estimated Total Annual Burden: 1,154,674 hours.

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/FAA, and sent via electronic mail to<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.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    Issued in Washington, DC, on September 13, 2012.
Albert R. Spence,
FAA Assistant Information Collection Clearance Officer, IT Enterprises
Business Services Division, AES-200.
[FR Doc. 2012-22997 Filed 9-18-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: March 9, 2009 (Volume 74, Number 44)]
[Proposed Rules]
[Page 9973-9974]
[DOCID:fr09mr09-15]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0127; Airspace Docket No. 09-AGL-4]

Proposed Amendment of Class E Airspace; Cleveland, OH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace at Cleveland,
OH. Additional controlled airspace is necessary to accommodate new
Standard Instrument Approach Procedures (SIAPs) at Lorain County
Regional Airport, Lorain, OH. The FAA is taking this action to enhance
the safety and management of Instrument Flight Rules (IFR) aircraft
operations at Lorain County Regional Airport.

DATES: 0901 UTC. Comments must be received on or before April 23, 2009.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2009-0127/Airspace Docket No. 09-
AGL-4, at the beginning of your comments. You may also submit comments
on the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Docket Office
(telephone 1-800-647-5527), is on the ground floor of the building at
the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76193-0530; telephone: (817)
321-7716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments

are specifically invited on the overall regulatory, aeronautical,
economic, environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2009-0127/
Airspace Docket No. 09-AGL-4.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://
www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
    Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration (FAA),
Office of Air Traffic Airspace Management, ATA-400, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling<PHONE_NUMBER>.
Communications must identify both docket numbers for this notice.
Persons interested in being placed on a mailing list for future NPRM's
should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), Part 71 by adding additional Class E airspace in the
Cleveland, OH area for SIAPs operations at Lorain County Regional
Airport, Lorain, OH. The area would be depicted on appropriate
aeronautical charts.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9S, dated October 3, 2008, and effective October 31, 2008, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act. The FAA's authority to
issue rules regarding aviation safety is found in Title 49 of the U.S.
Code. Subtitle 1, Section 106 describes the authority of the FAA
Administrator. Subtitle VII, Aviation Programs, describes in more
detail the scope of the agency's authority. This rulemaking is
promulgated under the authority described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that section, the FAA is charged with
prescribing regulations to assign the use of airspace necessary to
ensure the safety of aircraft and the efficient use of airspace. This
regulation is within the scope of that authority as it would add
additional controlled airspace in the Cleveland, OH area.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

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

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

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

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9S, Airspace Designations and
Reporting Points, dated October 3, 2008, and effective October 31,
2008, is amended as follows:

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

AGL OH E5 Cleveland, OH [Amended]

    That airspace extending upward from 700 feet above the surface
bounded by a line beginning at lat. 41[deg]25[min]00[sec] N., long.
82[deg]23[min]00[sec] W., to lat. 41[deg]56[min]00[sec] N., long.
81[deg]22[min]00[sec] W., to lat. 41[deg]48[min]00[sec] N., long.
81[deg]02[min]00[sec] W., to lat. 41[deg]32[min]00[sec] N., long.
81[deg]03[min]00[sec] W., to lat. 41[deg]11[min]00[sec] N., long.
81[deg]48[min]00[sec] W., to lat. 41[deg]11[min]00[sec] N., long.
82[deg]21[min]00[sec] W., to lat. 41[deg]14[min]39[sec] N., long.
82[deg]21[min]44[sec] W., to lat. 41[deg]18[min]06[sec] N., long.
82[deg]23[min]52[sec] W., to lat. 41[deg]18[min]42[sec] N., long.
82[deg]22[min]07[sec] W., thence to the point of beginning.
* * * * *

    Issued in Fort Worth, TX, on February 26, 2009.
Walter L. Tweedy.
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E9-4895 Filed 3-6-09; 8:45 am]

BILLING CODE 4910-13-P


ATTACHMENT III - EXPLANATORY APPENDIX

On June 16, 2009, the Agency issued the Phase 5 Reregistration
Eligibility Decision (RED) Product Data Call-In Notice pursuant to
sections 4(g)(2)(B) of FIFRA which required the registrants of products
containing MGK-264 used as an active ingredient to develop and submit
certain data.  The data/information were determined to be necessary to
satisfy the reregistration requirements of section 4(g).  Failure to
comply with the requirements of a Phase 5 Reregistration Eligibility
Decision Product Data Call-In Notice (PDCI) is a basis for suspension
under section 3(c) (2) (B) of FIFRA.

CTX Cenol Corporation received the MGK-264 RED/PDCI, as evidenced by the
US Postal Service domestic return receipt card which was signed and
dated on June 25, 2009. The 90-day response to the PDCI was received by
the Agency on September 14, 2009.  The 8-month response for this product
(which was required to be submitted by March 16, 2010) has not been
received by the Agency.  On April 25, 2012, the Risk Management and
Implementation Branch V, Chemical Review Manager, Veronica Dutch, sent a
certified letter to Mr. Bart Baker, Vice President of CTX Cenol
Corporation and informed him that  CTX Cenol Corporation’s required
8-month PDCI response for the MGK-264 product (EPA Reg. No. 45385-93)
was overdue. In the letter, it was stated that the Application for
Reregistration (EPA Form 8570-1), two copies of the Confidential
Statement of Formula (CSF), five copies of the draft labels,
Certification with Respect to Citation of Data (EPA Form 8570-34), and
Data Matrix (EPA Form 8570-35) needed to be submitted for the product
within 10 days from CTX’s receipt of the letter or a Notice of Intent
to Suspend would be issued.  CTX Cenol Corporation received the April
25, 2012 letter, as evidenced by the US Postal Service domestic return
receipt card, which was dated and signed by Amie S. Meeken on May 2,
2012.

To date, the 8-month response, and the product specific data required
for this product have not yet been received by the Agency.  Therefore,
this Notice of Intent to Suspend is being issued.


[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)]
[Notices]
[Pages 12810-12811]
[FR Doc No: 2017-04409]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-1959-006; ER15-2014-003; ER15-2013-005; ER15-
2020-004; ER15-2018-003; ER15-2022-003; ER15-2026-003; ER17-105-002;
ER17-104-002; ER17-556-001; ER10-2432-012; ER10-2435-012; ER10-2440-
010; ER10-71-004; ER10-2444-012; ER10-2446-010; ER10-2449-010; ER13-
2308-005; ER12-2510-007; ER12-2512-007; ER12-2513-007; ER10-3286-011;
ER10-3299-010; ER10-3310-012; ER11-2489-009; ER12-726-007; ER12-2639-
007; ER11-3620-010; ER12-1431-008; ER12-1434-008; ER12-1432-008; ER12-
1435-008; ER13-2102-006; ER14-1439-006; ER15-1019-005; ER10-2628-005;
ER11-3959-007.
    Applicants: Lower Mount Bethel Energy, LLC, Brunner Island, LLC,
Talen Energy Marketing, LLC, Talen Montana, LLC, Martins Creek, LLC,
Montour, LLC, Susquehanna Nuclear, LLC, Broadview Energy JN, LLC,
Broadview Energy KW, LLC, Grady Wind Energy Center, LLC, Bayonne Plant
Holding, L.L.C., Camden Plant Holding, L.L.C., Dartmouth Power
Associates Limited Partnership, Elmwood Park Power, LLC, Newark Bay
Cogeneration Partnership, L.P., Pedricktown Cogeneration Company LP,
York Generation Company LLC, Sapphire Power Marketing LLC, Brandon
Shores LLC, H.A. Wagner LLC, Raven Power Marketing LLC, Millennium
Power Partners, LP, New Athens Generating Company, LLC, New Harquahala
Generating Company, LLC, Hatchet Ridge Wind, LLC, Spring Valley Wind
LLC, Ocotillo Express LLC, Lyonsdale Biomass, LLC, ReEnergy Ashland
LLC, ReEnergy Fort Fairfield LLC, ReEnergy Livermore Falls LLC,
ReEnergy Stratton LLC, ReEnergy Black River LLC, TrailStone Power, LLC,
Fowler Ridge IV Wind Farm LLC, Lost Creek Wind, LLC, Post Rock Wind
Power Project, LLC.
    Description: Notice of Non-Material Change in Status of the
Riverstone MBR Entities.
    Filed Date: 2/27/17.
    Accession Number: 20170227-5242.
    Comments Due: 5 p.m. ET 3/20/17.

    Docket Numbers: ER16-2100-001; ER16-2101-001.
    Applicants: Gila River Power LLC.
    Description: Second Supplement to June 30, 2016 and October 3, 2016
Updated Market Power Analysis for Southwest Region of Gila River Power
LLC, et. al.
    Filed Date: 2/28/17.
    Accession Number: 20170228-5360.
    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-468-002.
    Applicants: Ohio Valley Electric Corporation.
    Description: Compliance filing: Errata to December 1 Amendment
Filing to be effective 10/14/2016.
    Filed Date: 2/28/17.
    Accession Number: 20170228-5246.
    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-1057-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Revisions to OA Sched 1, sec
7.9 and OATT Att K-Appx, sect 7.9 RE Residual ARR to be effective 5/1/
2017.
    Filed Date: 2/28/17.
    Accession Number: 20170228-5235.
    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-1060-000.
    Applicants: Public Service Company of Colorado.

    Description: Sec.  205(d) Rate Filing: PSCo-TSGT-JM Shafer IA 114
0.1.0 to be effective 2/28/2017.
    Filed Date: 2/28/17.
    Accession Number: 20170228-5248.
    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-1061-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2017-02-28_Submittal of pro
forma Pseudo-Tie Agreement & assoc. tariff revisions to be effective 3/
15/2017.
    Filed Date: 2/28/17.
    Accession Number: 20170228-5287.
    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-1063-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Queue Position AB2-057,
Original Service Agreement No. 4648 to be effective 1/31/2017.
    Filed Date: 3/1/17.
    Accession Number: 20170301-5087.
    Comments Due: 5 p.m. ET 3/22/17.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 1, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-04409 Filed 3-6-17; 8:45 am]
 BILLING CODE 6717-01-P


	Draft Supporting Statement
	for
	Information Collection Request

	Reporting and Recordkeeping Requirements for

	Importation of On-highway Vehicles and Nonroad Engines, Vehicles, and Equipment

	EPA ICR Number 2583.01

	OMB Control Number: 2060-NEW

	September 2016

	Compliance Division
	Office of Transportation and Air Quality
	Office of Air and Radiation
	U.S. Environmental Protection Agency

1.    IDENTIFICATION OF THE INFORMATION COLLECTION

(a)  TITLE OF THE INFORMATION COLLECTION

Reporting and Recordkeeping Requirements for Importation of On-highway Vehicles, and Nonroad Engines, Vehicles and Equipment, OMB 2060-NEW, EPA ICR 2583.01.

(b)  SHORT CHARACTERIZATION (ABSTRACT)

The Clean Air Act requires that on-highway vehicles, and nonroad vehicles, engines and equipment imported into the U.S. either comply with applicable emission requirements, or qualify for an applicable exemption or exclusion.  The Compliance Division (CD) in the Office of Air and Radiation maintains and makes available instruments to importers to help facilitate importation of products at U.S. Borders.  EPA Form 3520-1 is used by importers of on-highway vehicles and EPA Form 3520-21 is used by importers of nonroad vehicles, engines and equipment.  Currently, these two instruments are covered by two separate ICR. EPA Form 3520-1 is covered by OMB Control Number 2060-0095, ICR Number 0010.13 an EPA Form 3520-21 is covered OMB Control Number 2060-0320, ICR Number 1723.07.

For EPA Declaration Form 3520-1, CBP regulations require importers to file the requisite information directly with CBP in a duplicate paper format at the time of entry.  An exception exists for motor vehicles that are imported by the Original Equipment Manufacturer (OEM) that holds an EPA certificate of conformity for those vehicles and those vehicles are labeled accordingly. For these vehicles, an importer does not have to file the EPA Declaration Form 3520-1 with CBP at the time of entry, nor is the importer required to prepare and retain the form as part of his or her recordkeeping obligations.  In all other instances, the form is required to be completed and filed with CBP at the time of entry.

For EPA Declaration 3520-21, CBP regulations currently only require that 3520-21 be made available upon request by CBP, but is not currently required to be filed with CBP at the time of entry.   Unlike motor vehicle manufacturers, manufacturers that import products covered by EPA declaration form 3520-21 are currently not exempt from preparing EPA declaration form 3520-21 regardless of whether the subject goods are covered by an EPA certificate of conformity, and are therefore required to prepare the form and keep it on file for a period of five years from the date of entry.

In an effort to provide consistency in the administration of CBP's vehicle and engine imports program, so that importers of both onroad vehicles and engines, as well as stationary and nonroad engines (including engines incorporated into vehicles or equipment), are subject to the same filing and recordkeeping requirements, CBP is proposing to conform the entry filing requirements applicable to the EPA declaration form 3520-21 to those that currently exist for EPA declaration form 3520-1.  Specifically, CBP is proposing to amend 19 CFR 12.74(b) to require that importers of stationary, nonroad or heavy-duty highway engines (including engines incorporated into vehicles or equipment) must file the EPA declaration form 3520-21 at the time of entry, unless exempt.  CBP is proposing to exempt importers that manufacture nonroad or stationary engines, including engines incorporated into vehicles and equipment, from the requirement to file an EPA declaration form 3520-21 at the time of entry if that importer is the Original Equipment Manufacturer (OEM) that holds a valid EPA certificate of conformity for those engines and those engines are labeled accordingly.  This exemption was originally limited to manufacturers of motor vehicles covered by EPA declaration form 3520-1 because of their established history with CBP and EPA of importing vehicles and engines that are compliant with applicable emissions requirements.  Although EPA has pursued enforcement actions against some certificate holders, importers of certified engines, vehicles, and equipment covered by EPA declaration form 3520-21 have generally built a similar history and therefore CBP believes that extending this exemption to those manufacturers is appropriate.

Currently, EPA makes both forms available on our website in fillable PDF format (http://www.epa.gov/importing-vehicles-and-engines/publications-and-forms-importing-vehicles-and-engines). While EPA does not require that the forms be submitted directly to EPA, the forms are primarily used by U. S. Customs and Border Protection (CBP) to facilitate the importation process at U.S. borders.  EPA does require that the forms be kept by importers for a period of 5 years after importation to assist EPA's Office of Enforcement and Compliance Assurance (OECA) and CBP should any issues arise with any given importation.

This ICR will consolidate the two separate ICRs that currently individually cover EPA forms 3520-1 and 3520-21. The primary reason for this consolidation is due to the effort being undertaken by CBP to require electronic filing for all importers.  Over the last several years, CBP has been developing the Automated Commercial Environment (ACE).  By the end of 2016, ACE will become the Single Window - the primary system through which the trade community and other importers will report imports and exports. Through ACE as the Single Window, manual processes will be streamlined and automated, and paper submissions (e.g. fillable PDFs) will essentially be eliminated.  However, EPA will continue to maintain the forms on our website in fillable PDF format.

EPA has been working with CBP to incorporate the information detailed on both EPA forms into ACE which effectively eliminates the forms as unique individual documents that are to be filled in and filed with CPB. Rather, importers will log into ACE and check boxes that correspond to information elements currently found on the forms.  Filers of a form will also receive transaction information that will be kept by the filer.

Information collected includes identification of the importer, the entry date, the manufacturer, the test group/engine family name, engine model and serial number, EPA exemption number if applicable, and bond information if applicable, and an indication of the regulatory category of vehicle, engine, or equipment of the relevant regulatory provision under which it is being imported. The information is currently retained in document form by the importer and submitted to CBP at the time of importation.  Importers must also make the information available to EPA upon request.  The information is used to monitor compliance of imports with the law and regulations and to respond to inquiries from the public concerning the compliance status of specific imported engines.

EPA also makes available EPA Form 3520-8 upon request which currently covers both on-highway vehicles (OMB Control Number 2060-0095, ICR Number 0010.13), and nonroad compression ignition (CI) engines (OMB Control Number 2060-0320, ICR Number 1723.07). This form is used by independent commercial importers (ICIs) to request final admission (as opposed to initial declaration) of nonconforming vehicles or nonroad CI engines that have been brought into compliance with Federal emission requirements. Currently only light-duty vehicle importers participate in the ICI program under 40 CFR Part 85, Subpart P.  Regulations for ICI imports of nonroad CI engines are set forth at 40 CFR Part 89, Subpart G.  However, these regulations have become obsolete as it is cost prohibitive for ICIs to bring nonroad CI engines into compliance. As a result, the regulations have been amended to remove the ICI provisions.  The cost estimates for this ICR have been amended accordingly.  This form has not yet been incorporated into ACE as have forms 3520-1 and 3520-21 and will continue to be made available upon request as a fillable PDF form.

2.   NEED FOR AND USE OF THE COLLECTION

(a)  NEED/AUTHORITY FOR THE COLLECTION

Joint EPA and US Customs and Border Protection (CBP) regulations at 40 CFR 90.601 et seq. and 19 CFR 12.74 promulgated under the authority under the Clean Air Act (Sections 203, 208 and 213) give authority for the collection of information.  The collection of this information helps ensure the compliance of imported vehicles, engines, and equipment with Federal emissions requirements, which helps meet the Agency goal of reducing air pollution.  Without this information, EPA and CBP could not confirm that vehicles, engines and equipment being imported conform to the emission requirements of the Act, or are appropriately eligible for an exemption from meeting the emissions requirements of the Act.

(b)  PRACTICAL UTILITY/USERS OF THE DATA

While EPA does not collect the forms directly from importers, we may ask for them upon request to assist CPB and/EPA enforcement personnel for any given import for which there are questions or issues.  The forms are primarily used by CBP at the time of importation to assist CBP in making determination if entry should be allowed.  This information may also be used by CBP or EPA's enforcement personnel to verify that all vehicles, engines and equipment subject to Federal emission requirements have been declared upon entry or that the category of exclusion or exemption from emissions requirements has been identified in the declaration.  The information is also used to identify and prosecute violators of the regulations.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

(a)  NONDUPLICATION

Because the information collected is specific to identifying the appropriate regulated category and appropriate regulatory provisions for imported vehicles, engines and equipment under the Clean Air Act, the information is uniquely specific to EPA.  With the paper forms, it was not practical to combine the information contained on the forms with other programs or agencies. However, with the ACE Single Window, importers will now be able file the information electronically directly with CBP.

(b)  PUBLIC NOTICE

EPA will solicit public comment by means of a Federal Register Notice.  The draft ICR was also placed in the docket.

(c)  CONSULTATIONS

The following representatives and manufacturers of imported vehicles, engines, and equipment provided feedback on the current process.  CBP is also currently piloting the ACE single window prior to deployment later in 2016. EPA will also consider feedback from the pilot to further refine burden estimates as necessary prior to finalizing this ICR.

Larry Keller
Polaris Industries
2100 Highway 55
Medina, MN 55340

Jennifer Kamarek
Compliance Specialist
Vandegrift Customs Brokerage
500 E. Main Street
Norfolk, VA  23510

Kent Zielsdorf
Caterpillar
10 SW Washington
Peoria, IL  61602

(d)  EFFECTS OF LESS FREQUENT COLLECTION

Since reporting is done only at the time of entry, less frequent collection would seriously undermine the Agency's ability to determine whether vehicles, engines, and equipment being imported meet applicable emission requirements.  Consequently, the Agency would not be able to allow entry of these products.  Therefore, less frequent collection is not feasible.  Note that one form per shipment may be used, provided attachments including all the information required to describe each engine is included.  In addition, as CBP moves toward electronic filing, EPA expects that electronic filing should reduce the burden for importers.

(e)  GENERAL GUIDELINES

This ICR requires that ICIs notify EPA when requesting final admission for vehicles (Form 8) and this may occasionally result in reporting more often than quarterly if vehicles are tested and ready for sale more frequently than quarterly.  This requirement is necessary for EPA to have the opportunity to inspect vehicles prior to release from the ICI.  If EPA only required quarterly reports, either the ICI would have to hold vehicles and release them on a quarterly basis or EPA would not likely have the opportunity to inspect or require confirmatory testing of vehicles imported by the ICI.

EPA's regulations require that ICIs retain records for a period of six years from the date of entry (40 CFR 85.1507(a)).  ICIs are responsible for the same emissions warranties that apply to original manufacturers, generally extending to 8 years or 80,000 miles for major emission control components.  The Clean Air Act requires that light-duty vehicles meet federal emission standards throughout their useful lives, which is defined by the Clean Air Act to be 10 years or 100,000 miles (Sec. 202(d)); these requirements are implemented through the certification process for ICIs just as they are for original manufacturers. The imports regulations specify that the useful life period starts from the date that the vehicle is released to the owner by the ICI.  The six year record retention requirement is the minimum considered consistent with these obligations.

(f)  CONFIDENTIALITY

Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to policies set forth in Title 40, Chapter 1, Part 2, Subpart B - Confidentiality of Business Information (see 40 CFR 2.201 et seq.).  The public is not permitted access to information containing personal or organizational identifiers.  This collection complies with the Privacy Act of 1974 and OMB Circular A-130.

(g) SENSITIVE QUESTIONS

 No sensitive questions are asked.

4.  THE RESPONDENTS AND THE INFORMATION REQUESTED

(a)  RESPONDENTS/NAICS CODES

Information collected is from individual importers and both small and large companies who import, or import and manufacture nonroad engines and recreational vehicles.  The NAICS codes for the respondents are as follows:

Light-duty Vehicles
423110 	Automobile and Other Motor Vehicle Merchant Wholesalers
441200	Other Motor Vehicle Dealers.

Non-road compression ignition engines
333618	Manufacturers of nonroad diesel engines
333111	Manufacturers of farm machinery and equipment
333112	Manufacturers of lawn and garden tractors (home)
333924	Manufacturers of industrial trucks
333120	Manufacturers of construction machinery
333131	Manufacturers of mining machinery and equipment
333132	Manufacturers of oil and gas field machinery and equipment
811112, 811198	Commercial importers of vehicles and vehicle components
33631		Manufacturers of motor vehicle gasoline engine and engine parts
336312	Manufacturers of gasoline engine and engine parts
33639		Manufacturers of other motor vehicle parts

Small nonroad spark-ignition engines
333618	Other engine equipment manufacturing
336312	Gasoline engine and engine parts manufacturing
336999	Other transportation equipment manufacturing
336911	Motorcycle, bicycle and parts manufacturing

Marine outboard and personal watercraft engines
333618	Manufacturers of marine spark ignition engines
333112	Manufacturers of recreational marine vessels
336611	Ship building and repair
336612	Boat building
336999	Other marine outboard and personal watercraft manufacturing
441222	Motorcycle, boat, and other motor vehicle dealers

Locomotive engines
333618			Manufacturers of locomotives and locomotive engines
48211, 482111, 482112	Railroad owners and operators
488210			Engine repair and maintenance

Large marine compression-ignition engines

333618		Manufacturers of marine diesel engines
33661, 346611	Ship and boat building; ship building and repair
811310		Engine repair and maintenance
483			Water transportation, freight and passenger
336612		Boat building (watercraft not built in shipyards and typically of the type suitable or intended for personal use)
441222		Motorcycle, boat, and other motor vehicle dealers

Recreational vehicles, including snowmobiles, all-terrain vehicles, and certain high-speed utility vehicles
336991		Motorcycle manufacturers
336999		Snowmobile and all-terrain vehicle manufacturers
441222		Motorcycle, boat, and other motor vehicle dealers

Large nonroad spark-ignition engines
333618		Manufacturers of new nonroad spark-ignition engines
333111		Manufacturers of farm equipment
333112		Manufacturers of construction equipment
333924		Manufacturers of industrial trucks
811310		Engine repair and maintenance

(b)  INFORMATION REQUESTED

(i)  Data Items

The data requested in reports include:

     	- vehicle or engine identification number
     	- vehicle or engine make
     	- vehicle or engine model
    	 - model year of the vehicle or engine
     	- port of entry

    	 - date of entry
     	- entry number
    	 - importer name, address and telephone number
     	- broker name, address and telephone number (optional)
    	 - owner name, address and telephone number (optional)
    	 - identification of the type of vehicle or engine by regulatory category
     	- identification of the provision under which the vehicle or engine is being imported
    	 -EPA exemption number, if applicable
	- Bond information, if applicable

(ii) Respondent Activities

     To complete the collection, the respondent would:

      -read form instructions
      -collect data and complete forms

Information Requirements for Importation of Motor Vehicles and Motor Vehicle Engines

INFORMATION REQUIREMENTS				CITATION

I. ICI requirements
- Reporting
- Application for final admission   				85.1505(a)
   (certified)
- Reasonable assistance during inspection, 			85.1506(c),(g)(4)
   including copies of records or documents 			85.1506(b)(2)
- Application for final admission   				85.1509(b)
   (modification/test)
- Repair and retest						85.1509(g)
- Maintenance instructions, attestation,  			85.1510(a)
   parts list
- Altitude compensator instructions, attestation 		85.1510(b)
- Emission warranties, attestation   				85.1510(c)
- Emission labeling, attestation   				85.1510(d)
- Fuel economy labeling, attestation  				85.1510(e)
- Gas guzzler tax forms, attestation  				85.1510(f)
- Reply to notice of suspension or  				85.1513(f)(3)(ii),
   revocation      						85.1513(f)(3)(iv)
   								85.1513(f)(6)
- Request for hearing    					85.1513(f)(3)(iii)

Recordkeeping
- Certification, modification, test, purchase, 			85.1507
   sale, storage, registration, importation
- Owners or ultimate purchasers  				85.1508(b)
- Maintenance instructions, parts list,  			85.1510
   altitude compensator instructions,
   emission warranties, emission labeling,
   fuel economy labeling

II. Requirements applying to all importers

- Notification of conditional admission  			85.1504(a)
- Request for prior approval (exemption), 			85.1511(b),(g)
   request for extension of exemption
- Request for prior approval (exclusion)			85.1511(c)-(g)
- Attestations, copy of paid invoice  				85.1512(f)
- Claim of confidentiality    					85.1514

Information Requirements for Importation of All Nonroad Vehicles, Engines, and Equipment

INFORMATION REQUIREMENTS			     	CITATION

I.  Requirements applying to all importers

General provisions						1068.301
Applying for Exemptions or Exclusions 			1068.305
Available Exclusions						1068.310
Permanent Exemptions					1068.315
Temporary Exemptions 					1068.325
Penalties for Violations					1068.335
Restrictions to Assigning a Model Year			1068.360

5.  THE INFORMATION COLLECTED--AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT

(a)  AGENCY ACTIVITIES

The Compliance Division does not collect the forms themselves, but rather makes them available to importers and CBP to facilitate entry of goods at the port.  CD and/or EPA's enforcement office may ask for them upon request to assist CPB and/EPA enforcement personnel for any given import for which there are questions or issues.  The forms are primarily used by CBP at the time of importation to assist CBP in making determination if entry should be allowed.

(b)  COLLECTION METHODOLOGY AND MANAGEMENT

CBP and EPA use the information to facilitate entry at the port to asses if vehicles, engines, and equipment meet EPA requirements, or are eligible for an applicable exemption.  EPA does not collect the forms from importers.  As described above, CBP is moving toward the electronic collection of the data elements contained on the forms that will streamline the reporting and recordkeeping burdens.  With the implementation of ACE, importers will receive a transaction number which they will be required to maintain so that they importation records can be retrieved from the ACE database if needed.

(c)  SMALL ENTITY FLEXIBILITY

Small entities are required to submit the information covered by this ICR when applicable. There is no exemption for small entities.

(d) COLLECTION SCHEDULE

The information is not subject to a collection schedule, but is collected at the time of entry and, in the event of an ICI import, when the vehicle is ready for approval by EPA of final admission.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a) ESTIMATING RESPONDENT BURDEN (Hours)

Each form is estimated to take 0.5 hours to complete. Completing required post-certification testing for ICIs estimated at 23 hours per test.  EPA estimates .25 hours each for recordkeeping.

6(b) ESTIMATING RESPONDENT COST

(i) Labor Costs

Rates for engineering managers, mechanical engineers, and secretaries (except legal, medical, and executive) are from the May 2014 BLS National Occupational Employment and Wage Estimates (http://www.bls.gov/oes/current/oes_nat.htm, accessed February 8, 2016). With a 160% overhead multiplier, these are $106.94, $67.02, and $27.87, respectively. Test labor costs are $61.73 per hour

(ii) Capital/Start-up Costs

Capital/start-up costs are predominantly incurred by ICIs during the required certification process, which is covered by other ICRs.  ICIs in the on-road program typically obtain the necessary testing and certification work from a broker, who also provides testing services, or who obtains from a testing facility the test results necessary for the final importation form.

(iii) Operations and Maintenance Costs

This cost is estimated as a component of overall broker activities to import a vehicle or engine, and incorporates a $2 per form recordkeeping cost for broker form retention.

6(c) ESTIMATING AGENCY BURDEN AND COST

The imports program is administered by EPA's Compliance Division.  Forty percent of one Full Time Equivalent employee (FTE), GS 12/3; twenty percent of one Senior Environmental Employment (SEE) Program employee (about 400 hours); and a portion of the work assignment under a government contract are allocated to imports activities. Based on the 2016 Office of Personnel GS pay schedule for Detroit, EPA estimates a forty percent annual salary of $32,691 for the EPA FTE, and $13,200 for the SEE.  We then multiply the hourly rate by the standard government benefits multiplication factor of 1.6, for a cost of $52,556 for the EPA FTE, plus $21,120for the SEE, and $85,000 for the contractor.

6(d) ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN COSTS

Reporting, Recordkeeping, and Testing for Form 3520-8:				1,985 hrs
Reporting and Recordkeeping Burdens, Forms 3520-1 and 3520-21:		12,000 hrs
Total Hours										13,984 hrs

Recording, Recordkeeping, and Testing for Form 3520-8:				$179,192
Reporting and Recordkeeping Burdens, Forms 3520-1 and 3520-21:		$334,440
Total Cost										$513,633

6(e) BOTTOM LINE BURDEN HOURS AND COST TABLES

 Respondent Tally

The information collection will involve an estimated 14,810 respondents at an estimated labor cost of $513,633 and a capital/startup and O&M cost of $48,064.

 The Agency Tally

The total EPA estimated burden is $158,676 and includes FTE, SEE, and contractor activities to support imports activities.

6(f) REASONS FOR CHANGE IN BURDEN

EPA is establishing new burden estimates as we combine the burden estimates for the two separate ICRs that currently cover the forms. As with prior ICRs that covered these forms, this combined ICR bases the burdens on an estimate of the actual forms that may be filled in and provided to CBP by importers.  Because EPA does not collect the forms, nor does CBP having a tracking system to count the actual number of paper forms they collect, the number of responses is being carried over from the previous approved ICRs.  As CBP mandates electronic filing later this year, we expect to be able to more accurately estimate the information collection burden.

6(g) BURDEN STATEMENT

The annual public reporting and recordkeeping burden for this collection of information is estimated to average 45 minutes per response (30 minutes for reporting and 15 minutes for recordkeeping).  Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency.  This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.  An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.  The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

 To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OAR-2016-0094, which is available for online viewing at www.regulations.gov This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically.  When in the system, select "search," then key in the Docket ID Number identified above. EPA Docket Center, Environmental Protection Agency, Mailcode 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.

 EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

 Comments can also be sent to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA.  Please include the EPA Docket ID EPA-HQ-OAR-2016-0094 and OMB Control Number 2060-NEW in your correspondence.


[Federal Register: December 14, 2009 (Volume 74, Number 238)]
[Notices]
[Page 66179-66182]
[DOCID:fr14de09-102]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61124; File No. SR-BX-2009-074]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Chapter XI (Communications With Public Customers)

December 7, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Exchange Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby
given that on November 19, 2009, NASDAQ OMX BX, Inc. (the ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which items
have been substantially prepared by the Exchange. The Exchange has
designated the proposed rule change as a ``non-controversial'' rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6) thereunder,\4\ which renders the proposal effective upon filing
with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to remove or otherwise amend elements of
Chapter XI, Section 24 \5\ (``Communications with Public Customers'')
of the Boston Options Exchange Group, LLC (``BOX'') Trading Rules that
incorporate provisions of the Securities Act of 1933 (the ``Securities
Act'') \6\ because options traded on BOX consist solely of standardized
options issued by the Options Clearing Corporation (``OCC''), a
registered clearing agency, and are exempt under Securities Act Rule
238 from all provisions of the Securities Act

except the antifraud provisions of Section 17. In addition, the
proposed amendments expand the types of communications governed by
Section 24 to include independently prepared reprints and other
communications between a participant or participant organization and a
customer. The proposed amendments also exempt certain options
communications from the pre-approval requirement by a Registered
Options Principal (``ROP''). Additionally, the Exchange proposes to
correct certain internal citation and typographical errors associated
with earlier rule filings.\7\ The text of the proposed rule change is
available from the principal office of the Exchange, at the
Commission's Public Reference Room and also on the Exchange's Internet
Web site at: http://nasdaqomxbx.cchwallstreet.com/NASDAQOMXBX/Filings/.
---------------------------------------------------------------------------

    \5\ For ease of reference, Chapter XI, Section 24 will simply be
referred to as ``Section 24.''
    \6\ 15 U.S.C. 77a et seq.
    \7\ See Securities Exchange Act Release No. 58221 (July 24,
2008), 73 FR 44296 (July 30, 2008) (SR-BSE-2008-29) and Securities
Exchange Act Release No. 59434 (February 23, 2009), 74 FR 9012
(February 27, 2009) (SR-BSE-2008-56).
---------------------------------------------------------------------------

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 Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    On December 23, 2002, the Commission published final rules that
exempt standardized options, as defined in Rule 9b-1 \8\ of the
Exchange Act,\9\ that are issued by a registered clearing agency and
traded on a national securities exchange or on a registered national
securities association, from all provisions of the Securities Act
(other than the anti-fraud provisions) and from the registration
requirements of the Exchange Act.\10\ Because the Securities Act and
the rules thereunder (other than the anti-fraud provisions) are no
longer applicable to such standardized options, the Exchange proposes
to remove elements of the Securities Act that are embedded in Section
24 of the BOX Rules. In particular, the Exchange proposes to remove all
references to a ``prospectus'' from Section 24. Prospectuses are no
longer required for such standardized options, and the OCC has, in
fact, ceased publication of a prospectus.\11\ In addition, the proposed
amendments will update and reorganize Section 24 of the BOX Rules. The
proposed amendments are similar to amendments filed by the
International Securities Exchange (``ISE'') and Chicago Board Options
Exchange (``CBOE'') and approved by the Commission and would provide a
more uniform approach to communications to customers regarding
standardized options.\12\
---------------------------------------------------------------------------

    \8\ 17 CFR 240.9b-1.
    \9\ 15 U.S.C. 78a et seq.
    \10\ See ``Exemption for Standardized Options From Provisions of
the Securities Act of 1933 and From the Registration Requirements of
the Securities Exchange Act of 1934; Final Rule,'' Securities Act
Release No. 8171 (December 23, 2002), 68 FR 188 (January 2, 2003).
    \11\ The options disclosure document (``ODD'') prepared in
accordance with Rule 9b-1 under the Exchange Act is not deemed to be
a prospectus. 17 CFR 230.135b. See, e.g., Securities Act Release No.
8049 (December 21, 2001).
    \12\ See Securities Exchange Act Release No. 58823 (October 21,
2008), 73 FR 63747 (October 27, 2008) (SR-CBOE-2007-30); and
Securities Exchange Act Release No. 59600 (March 19, 2009), 74 FR
13286 (March 26, 2009) (SR-ISE-2009-09).
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Deletion of Certain Provisions
    As noted above, Section 24 of the BOX Rules contains a number of
references to the delivery of a prospectus and other Securities Act
requirements. The Exchange proposes to delete the following from
Chapter XI: Section 24(a)(iv), which references the Securities Act
definition of prospectus; Section 24(e), which incorporates Securities
Act principles in that it prohibits written material concerning options
from being furnished to any person who has not previously or
contemporaneously received the ODD; Section 24(b)(ii), which defines
the term ``Educational Material;'' \13\ Section 24(g), which outlines
what is permitted in an ``Advertisement;'' and Section 24(h), which
concerns the use of educational material.
---------------------------------------------------------------------------

    \13\ This paragraph essentially incorporates language of
Securities Act Rule 134a. While this amendment would eliminate the
separate educational material category, as discussed below the
Exchange also proposes to revise the definition of Sales Literature
to include educational material.
---------------------------------------------------------------------------

Redesignation of Section 24(a) to Proposed Section 24(d) and Related
Amendments
    Section 24(a) currently contains an outline of the ``General Rule''
for options communications. The Exchange proposes to redesignate
paragraph (a) as paragraph (d), and to incorporate limitations on the
use of options communications contained in Section 24(f) into proposed
Section 24(d). In addition, proposed Section 24(d)(iii) would amend
Section 24(a)(iii) by clarifying the types of cautionary statements and
caveats that are prohibited. Also, as previously noted, BOX proposes to
delete Section 24(a)(iv). Further, current Section 24(i) sets forth the
standards applicable to Sales Literature and Section 24(i)(i) sets
forth the requirement that Sales Literature shall state that supporting
documentation for any claims, comparisons, recommendations, statistics
or other technical data, will be supplied upon request. The Exchange
proposes to redesignate Section 24(i)(i) as Section 24(d)(vii).
Redesignation of Section 24(c) to Proposed Section 24(b) and Related
Amendments
    The Exchange proposes to redesignate paragraph (c) as paragraph
(b). The Exchange also proposes to amend this paragraph to include the
types of communications proposed to be added to the definition of
``Options Communications'' in proposed Section 24(a). Proposed Sections
24(b)(ii) and (b)(iii) would also amend the current requirements to
obtain advance approval from a ROP for most options communications by
exempting certain options communications, defined as ``Correspondence''
and ``Institutional Sales Material.'' Specifically, proposed Section
24(b)(ii) would exempt correspondence from the pre-approval requirement
unless the correspondence is distributed to 25 or more existing retail
customers within any 30 calendar-day period and makes any financial or
investment recommendation or otherwise promotes a product or service of
the member. All correspondence would be subject to general supervision
and review requirements. Proposed Section 24(b)(iii) would exempt
institutional sales material from the pre-approval requirement if the
material is distributed to ``qualified investors'' (as defined in
Section 3(a)(54) of the Exchange Act).\14\ Pre-approval by a ROP would,
however, be required with respect to independently prepared reprints.
In addition, Proposed Section 24(b)(iv) would require that firms retain
options communications in accordance with the record-keeping
requirements of Rule 17a-4 under the Exchange Act.\15\

Proposed Section 24(b)(iv) would also require that firms retain other
related documents in the form and for the time periods required for
options communications by Rule 17a-4.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78c(a)(54).
    \15\ 17 CFR 240.17a-4. More specifically, Rule 17a-4(b)(4)
requires that a broker-dealer retain ``originals of all
communications received and copies of all communications sent * * *
including all communications which are subject to rules of a self-
regulatory organization of which the member, broker or dealer is a
member regarding communications with the public.''
---------------------------------------------------------------------------

Redesignation of Section 24(d) to Proposed Section 24(c) and Related
Amendments
    The Exchange proposes to redesignate paragraph (d) as paragraph
(c). Section 24(d) currently requires members to obtain approval for
every advertisement and all educational material from the Exchange.
This requirement applies regardless of whether the options
communications are used before or after the delivery of a current ODD.
The Exchange proposes to amend this provision to require approval by
the Exchange only with respect to options communications used prior to
the delivery of a current ODD. The Exchange is proposing to eliminate
the pre-approval requirement for options communications used subsequent
to the delivery of the ODD because the ODD should help alert the
customer to the characteristics and risks associated with trading in
options and because Section 24(b) requires the ROP of a member
organization to pre-approve options communications (with certain
exceptions for ``Correspondence'' and ``Institutional Sales
Material''). This provision would also be amended to include the types
of communications added to the definition of ``Options Communications''
in proposed Section 24(a).
Redesignation of Section 24(b) to Proposed Section 24(a) and Related
Amendments
    Section 24(b) currently defines terms used in Section 24. BOX
proposes to redesignate paragraph (b) as paragraph (a). BOX also
proposes to amend the definition of ``Options Communications'' in
proposed Section 24(a) to expand the types of communications governed
by Section 24 to include independently prepared reprints and other
communications between a member or member organization and a customer.
The Exchange proposes to amend the definitions of ``Advertisement'' and
``Sales Literature;'' and define ``Correspondence,'' ``Institutional
Sales Material,'' ``Public Appearances,'' and ``Independently Prepared
Reprints'' to make the rule more clear. In addition, as previously
noted, BOX proposes to delete the definition of ``Educational
Material.''
Proposed Section 24(e)
    Proposed Section 24(e) would set forth (i) standards for options
communications that are not preceded or accompanied by an ODD and (ii)
standards for options communications used prior to delivery of an ODD.
These requirements generally would clarify and restate the requirements
contained in current Section 24(i). Proposed Section 24(e)(i)(2) would
require options communications to contain contact information for
obtaining a copy of the ODD. As previously noted, the provisions of
Section 24(g) that outline what is permitted in an advertisement are
proposed to be deleted and the provisions relating to standards for
options communications used prior to delivery of the ODD are proposed
to be incorporated into proposed Section 24(e)(ii).
Redesignation of Portions of Section 24(i) to Proposed Section 24(g),
Proposed Section 24(h), Proposed Section 24(i), and Related Amendments
    As stated above, the Exchange proposes to redesignate Section
24(i)(i) as proposed Section 24(d)(vii). Current Section 24(i)(ii)
pertains to standards for Sales Literature that contains projected
performance figures and current Section 24(i)(iii) pertains to
standards for Sales Literature that contains historical performance
figures. The Exchange proposes to redesignate Section 24(i)(ii) as
proposed Section 24(g)(i) and current Section 24(i)(iii) as proposed
Section 24(h). Section 24(i) currently requires that a copy of the ODD
precede or accompany options related sales literature. The Exchange is
proposing to modify the ODD delivery requirement applicable to sales
literature to provide that an ODD must precede or accompany any
communication that conveys past or projected performance figures
involving options or constitutes a recommendation pertaining to
options. A notice providing the name and address of a person from whom
the ODD may be obtained would be required in sales literature that does
not contain a recommendation or past or projected performance figures.
Because BOX is proposing to merge educational material into the sales
literature category,\16\ this amendment would continue to allow
communications that are educational in nature to be disseminated
without being preceded or accompanied by a copy of the ODD.
---------------------------------------------------------------------------

    \16\ See Proposed Section 24 (a)(ii).
---------------------------------------------------------------------------

    The Exchange proposes to redesignate current Section 24(i)(iv) as
proposed Section 24(i). The Exchange proposes to delete Sections
24(i)(v), (i)(vi), and (i)(vii). The Exchange believes that
subparagraphs (i)(v) and (i)(vi) are unnecessary because worksheets are
included in the definition of ``Sales Literature.'' The Exchange
believes that subparagraphs (i)(vii) is no longer necessary because the
Exchange is proposing to clarify the recordkeeping requirements
applicable to options communications in proposed Section 24(b)(iv).
    Additionally, the Exchange proposes to amend Sections 2, 10 and 24
to clarify certain potentially confusing or inaccurate citations from
previous filings.\17\ References to ``Registered Options and Security
Futures Principal'' will be amended to refer to ``Registered Options
Principal.'' Similarly, a reference to the ``supervision of options and
security futures sales practices'' will be amended to remove the words
``and security futures.'' Unnecessary brackets in Section 10(a)(4) will
be removed. In addition, references to ``Rule 10'' will be amended to
refer to ``Section 10'' and the proper reference for the definition of
``control'' will be added in Section 10(h). Finally, references to
Compliance Options Principal will be amended to refer to Registered
Options Principal.
---------------------------------------------------------------------------

    \17\ See supra note 7.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\18\ in general, and Section
6(b)(5) of the Act,\19\ in particular, in that it is designed to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, to prevent fraudulent and manipulative acts, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system and, in general, to protect investors and the
public interest. In particular, the proposed rule change will provide
the investing public with options communications rules that are
designed to provide appropriate safeguards and greater clarity by
promoting harmonization between the Exchange's and other SROs' options
communications rules. In addition, the corrections made will serve to
minimize

potential confusion by Exchange Participants.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78f(b).
    \19\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

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

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

    This proposed rule change was filed pursuant to paragraph (A) of
section 19(b)(3) of the Exchange Act \20\ and Rule 19b-4(f)(6)
thereunder.\21\ This proposed rule change does not significantly affect
the protection of investors or the public interest, does not impose any
significant burden on competition, and, by its terms, does not become
operative for 30 days after the date of the filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest. Because the rule change is based
upon rules in place at ISE and CBOE, and does not present any novel
issues, and is intended to maintain consistency among the exchanges,
the Exchange requests that the Commission waive the 30-day operative
delay \22\ period for ``non-controversial'' proposals and make the
proposed rule change effective and operative upon filing. The
Commission notes that the proposed rule change is substantially
identical to proposed rule changes approved by the Commission after an
opportunity for public comment,\23\ and does not raise any new
substantive issues. For these reasons, the Commission believes that
waiver of the 30-day operative delay is consistent with the protection
of investors and the public interest and designates the proposal
operative upon filing for ``non-controversial'' proposals and makes the
proposed rule change effective and operative upon filing.\24\
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 17 CFR 240.19b-4(f)(6).
    \22\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \23\ The Exchange's proposed rule change is substantially
identical to proposed rule changes by the CBOE and ISE that were
recently approved by the Commission. See supra note 12.
    \24\ For purposes only of waiving the 30-day operative delay,
the Commission has 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 may summarily abrogate the rule change if it
appears to the Commission that the action is necessary or appropriate
in the public interest, for the protection of investors, or would
otherwise further the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form http://
www.sec.gov/rules/sro.shtml; or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BX-2009-074 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2009-074. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for copying and
inspection in the Commission's Public Reference Room, on official
business days between the hours of 10 a.m. and 3 p.m., located at 100 F
Street, NE., Washington, DC 20549. Copies of such 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-BX-
2009-074 and should be submitted on or before January 4, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
---------------------------------------------------------------------------

    \25\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-29629 Filed 12-11-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: August 21, 2009 (Volume 74, Number 161)]
[Notices]
[Page 42311]
[DOCID:fr21au09-63]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-D-0348]

Draft Guidance for Industry: Guide to Minimize Microbial Food
Safety Hazards of Leafy Greens; Availability; Correction

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice; correction.

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SUMMARY:  The Food and Drug Administration is correcting a notice that
appeared in the Federal Register of August 3, 2009 (74 FR 38439). The
document announced the availability of a draft guidance entitled
``Guidance for Industry: Guide to Minimize Microbial Food Safety
Hazards of Leafy Greens.'' The document was published with an incorrect
date for submitting written or electronic comments on the draft
guidance. This document corrects that error.

FOR FURTHER INFORMATION CONTACT: Amy Green, Center for Food Safety and
Applied Nutrition (HFS-317), Food and Drug Administration, 5100 Paint
Branch Pkwy., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In FR Doc. E9-18451, appearing on page 38439
in the Federal Register of August 3, 2009, the following correction is
made:
    1. On page 38439, in the third column, in the ``DATES'' section, in
the eighth line, ``October 2, 2009'' is corrected to read ``November 2,
2009''.

    Dated: August 17, 2009.
David Horowitz,
Assistant Commissioner for Policy.
[FR Doc. E9-20101 Filed 8-20-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 88, Number 73 (Monday, April 17, 2023)]
[Rules and Regulations]
[Pages 23350-23351]
[FR Doc No: 2023-08014]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2023-0262]

Safety Zones; Annual Fireworks Displays Within the Captain of the
Port, Puget Sound

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce fourteen safety zones for annual
firework displays in the Captain of the Port, Sector Puget Sound Zone
during the dates and times noted under SUPPLEMENTARY INFORMATION. This
action is necessary to prevent injury and to protect life and property
of the maritime public from the hazards associated with the firework
displays. The regulation prohibits persons and vessels from being in
the regulated areas unless authorized by the Captain of the Port Puget
Sound or a designated representative.

DATES: The regulations in 33 CFR 165.1332 will be enforced for the
fourteen safety zones identified in the SUPPLEMENTARY INFORMATION
section from 5 p.m. on July 4, 2023, through 1 a.m. on July 5, 2023.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Chief Warrant Officer William
Martinez, Sector Puget Sound Waterways Management, Coast Guard;
telephone<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce regulations in
33 CFR 165.1332 for the following safety zones established for Annual
Fireworks Displays within the Captain of the Port, Puget Sound Area of
Responsibility. These regulations will be enforced from 5 p.m. on July
4, 2023, through 1 a.m. on July 5, 2023, at the following locations:

----------------------------------------------------------------------------------------------------------------
                 Event name                             Location                 Latitude          Longitude
----------------------------------------------------------------------------------------------------------------
Seattle Seafair............................  Lake Washington..............   47[deg]34.333' N   122[deg]16.017 W
City of Anacortes..........................  Fidalgo Bay..................   48[deg]30.016' N  122[deg]36.154' W
Mercer Island Celebration..................  Mercer Island................   47[deg]35.517' N  122[deg]13.233' W
Fireworks Display..........................  Henderson Bay................     47[deg]21.8' N  122[deg]38.367' W
Kenmore Community Fireworks Display........  Lake Forest Park.............   47[deg]44.783' N  122[deg]16.917' W
Kingston Fireworks.........................  Appletree Cove...............    47[deg]47.65' N  122[deg]29.917' W
Brewster Fire Department Fireworks.........  Brewster.....................   48[deg]05.362' N  119[deg]47.147' W
Port Angeles...............................  Port Angeles Harbor..........   48[deg]07.033' N  123[deg]24.967' W
Friday Harbor Independence.................  Friday Harbor................   48[deg]32.255' N   123[deg]0.654' W
Roche Harbor Fireworks.....................  Roche Harbor.................     48[deg]36.7' N    123[deg]09.5' W
True Colors Event..........................  Blaine.......................   48[deg]59.488' N  122[deg]46.339' W

City of Mount Vernon Fireworks.............  Edgewater Park...............   48[deg]25.178' N  122[deg]20.424' W
----------------------------------------------------------------------------------------------------------------

    The special requirements listed in 33 CFR 165.1332(b) apply to the
activation and enforcement of these safety zones. All non-participants
are prohibited from entering, transiting through, anchoring in, or
remaining within the regulated area unless authorized by the Captain of
the Port or their designated representative. The Coast Guard may be
assisted by other Federal, State, or local law enforcement agencies in
enforcing this regulation.
    In addition to the publication of this document in the Federal
Register, the Coast Guard will issue advanced notification of
enforcement of these safety zones via the Broadcast Notice to Mariners
and Local Notice to Mariners.

    Dated: April 10, 2023.
Y. Moon,
Captain, U.S. Coast Guard, Acting Captain of the Port Sector Puget
Sound.
[FR Doc. 2023-08014 Filed 4-14-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 43 (Tuesday, March 5, 2013)]
[Notices]
[Pages 14392-14394]
[FR Doc No: 2013-04993]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68999; File No. SR-C2-2013-010]

Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Amend the Fees Schedule

February 27, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on February 20, 2013, C2 Options Exchange, Incorporated (the
``Exchange'' or ``C2'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend its Fees Schedule. The text of the
proposed rule change is available on the Exchange's Web site (http://www.c2exchange.com/Legal/), at the Exchange's Office of the Secretary,
and at the Commission.

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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to amend its Fees Schedule with regard to the
data reports it provides to Trading Permit Holders (``TPHs''), Options
Clearing Company (``OCC'') firms and other interested parties at their
requests. These persons and organizations often approach the Exchange
and request that the Exchange prepare and provide various reports
regarding their trading activity. The production of these reports
sometimes requires that employees put in a significant amount of time
and work to write and develop the programs necessary to be able to run
or generate such reports. Currently, Section 9 of the Fees Schedule
(``Miscellaneous'') merely states that ``Ad Hoc Information Services
Requests'' are provided at production costs. The Exchange proposes to
eliminate this statement and replace it with a more comprehensive,
consistent and standard structure regarding the provision of Exchange
data reports (including those being deleted).
    The Exchange proposes to establish three different tiers of data
report requests. The first, most basic tier (referred to as ``C Level''
requests) will regard requests for standard reports regularly generated
and run by the Exchange and made available on a daily, weekly or
monthly basis (for example, Monthly LP Scorecard, Daily Firm

Report, etc.) that do not require historical data generation,
customization beyond a standard format (PDF, HTML, etc.) or
distribution frequency (daily, weekly, monthly, etc.), or specialized
development. There will be no cost for such requests, regardless of
whether they are one-time, initial, or daily, weekly, or monthly
requests.
    The second tier (referred to as ``B Level'' requests) will regard
initial report requests (or enhancements to existing report
subscriptions) that require less than one (1) man-hour to develop and/
or generate. The [sic] will be no cost for such requests. The third
tier (referred to as ``A Level'' requests) will regard initial report
requests (or enhancements to existing subscriptions) that require one
(1) or more man-hours to develop and/or generate. The cost for such
requests will be $100 for first 5 man-hours and $100 per hour for each
additional man-hour. Fees for reports will be estimated in advance and
such estimates will be provided to the requester. If the estimate
changes once creation of the report begins, a revised estimate will be
provided to the requester. For parties requesting to receive B or A
Level reports on a recurring basis, subscriptions to such reports will
be provided at a cost of $100 per month for monthly reports and $200
per month for daily or weekly reports.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\3\ Specifically, the Exchange believes the proposed rule change is
consistent with Section 6(b)(4) of the Act,\4\ which requires that
Exchange rules provide for the equitable allocation of reasonable dues,
fees, and other charges among its Trading Permit Holders and other
persons using its facilities. The Exchange believes that the proposed
new fee structure for data reports is reasonable because it is designed
to reflect the Exchange's costs in creating such reports. The Exchange
believes that the proposed new fee structure for data reports is
equitable and not unfairly discriminatory because it will apply to all
requesting parties equally. The Exchange believes it is equitable and
not unfairly discriminatory to assess no fees for C Level reports
because these are standard reports that do not require specific
development, customization or generation. The Exchange believes that it
is equitable and not unfairly discriminatory to assess no fees for
initial B Level requests because these reports do not require very much
(less than one man-hour) work on the Exchange's part to create and
produce. The Exchange believes that it is equitable and not unfairly
discriminatory to assess a fee of $100 for the first five man-hours of
work for A Level requests because these reports take at least one man-
hour of work on the Exchange's part to develop and generate and the
Exchange must begin to recoup the costs of such work, while still
desiring to be able to provide requesting market participants with a
reasonable amount of information to assist them. The Exchange believes
that it is equitable and not unfairly discriminatory to assess a fee of
$100 per man-hour above five hours for A Level requests because such
requests can take up a significant amount of Exchange resources and at
this point the Exchange must begin to be more fully-compensated for
dedicating resources to these tasks. The Exchange believes that it is
equitable and not unfairly discriminatory to assess subscription fees
for requests for information on a more regular basis (as opposed to re-
assessing the initial fees) because the development for such work has
already been done.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    C2 does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange does not believe
that the proposed fees structure will impose an unnecessary burden on
intramarket competition because it will apply equally to all requesting
parties. The Exchange does not believe that the proposed fees structure
will impose an unnecessary burden on intermarket competition because
the Exchange is providing reports specific to activity on C2, and other
exchanges may provide reports specific to activity on those exchanges,
and the costs for development, generation and production of such
reports may be different on those exchanges. Further, to the extent
that the proposed fees structure for data reports may attract market
participants on other exchanges to C2, such market participants can
always elect to become C2 market participants.

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \5\ and paragraph (f) of Rule 19b-4 \6\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-C2-2013-010 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-C2-2013-010. 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
such 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-C2-2013-010, and should be submitted on or before March
26, 2013.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-04993 Filed 3-4-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: September 15, 2010 (Volume 75, Number 178)]
[Rules and Regulations]
[Page 56015]
[DOCID:fr15se10-22]

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

Coast Guard

46 CFR Part 8

Vessel Inspection Alternatives

CFR Correction

    In Title 46 of the Code of Federal Regulations, Parts 1 to 40,
revised as of October 1, 2009, on page 88, in Sec.  8.420, paragraph
(c) is revised to read as follows:

Sec.  8.420  Classification society authorization to participate in the
Alternate Compliance Program.

* * * * *
    (c) A recognized classification society:
    (1) Will be eligible to receive authorization to participate in the
ACP only after the Coast Guard has delegated to it the authority to
issue the following certificates:
    (i) International Load Line Certificate;
    (ii) International Tonnage Certificate;
    (iii) Cargo Ship Safety Construction Certificate;
    (iv) Cargo Ship Safety Equipment Certificate; and
    (v) International Oil Pollution Prevention Certificate; and
    (2) Must have performed a delegated function related to general
vessel safety assessment, as defined in Sec.  8.100 of this part, for a
two-year period.
* * * * *
[FR Doc. 2010-23172 Filed 9-14-10; 8:45 am]
BILLING CODE 1505-01-D