[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Notices]
[Pages 69824-69827]
[FR Doc No: 2012-28206]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2012-0805; FRL-9367-7]

Certain New Chemicals; Receipt and Status Information

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Toxic Substances Control Act (TSCA) requires any person
who intends to manufacture (defined by statute to include import) a new
chemical (i.e., a chemical not on the TSCA Chemical Substances
Inventory (TSCA Inventory)) to notify EPA and comply with the statutory
provisions pertaining to the manufacture of new chemicals. In addition
under TSCA, EPA is required to publish in the Federal Register a notice
of receipt of a premanufacture notice (PMN) or an application for a
test marketing exemption (TME), and to publish in the Federal Register
periodic status reports on the new chemicals under review and the
receipt of notices of commencement (NOC) to manufacture those
chemicals. This document, which covers the period from October 1, 2012
to October 12, 2012, and provides the required notice and status
report, consists of the PMNs pending or expired, and the NOC to
manufacture a new chemical that the Agency has received under TSCA
section 5 during this time period.

DATES: Comments identified by the specific PMN number or TME number,
must be received on or before December 21, 2012.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2012-0805, and the specific PMN number or TME
number for the chemical related to your comment, by one of the
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave. NW., Washington, DC. The
DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the DCO is<PHONE_NUMBER>.
Such deliveries are only accepted during the DCO's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: EPA's policy is that all comments received will be
included in the docket without change and may be made available online
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or
email. The regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. 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
electronically at http://www.regulations.gov, or, if only available in
hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution
Ave. NW., Washington, DC. The EPA/DC Public Reading Room hours of
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number of the EPA/DC Public Reading Room
is<PHONE_NUMBER>, and the telephone number for the OPPT Docket is
(202) 566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Bernice Mudd, Information
Management Division (7407M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. As such, the
Agency has not attempted to describe the specific entities that this
action may apply to. Although others may be affected, this action
applies directly to the submitter of the PMNs addressed in this action.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.

    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Why is EPA taking this action?

    EPA classifies a chemical substance as either an ``existing''
chemical or a ``new'' chemical. Any chemical substance that is not on
EPA's TSCA Inventory is classified as a ``new chemical,'' while those
that are on the TSCA Inventory are classified as an ``existing
chemical.'' For more information about the TSCA Inventory go to: http://www.epa.gov/opptintr/newchems/pubs/inventory.htm. Anyone who plans to
manufacture or import a new chemical substance for a non-exempt
commercial purpose is required by TSCA section 5 to provide EPA with a
PMN, before initiating the activity. Section 5(h)(1) of TSCA authorizes
EPA to allow persons, upon application, to manufacture (includes
import) or process a new chemical substance, or a chemical substance
subject to a significant new use rule (SNUR) issued under TSCA section
5(a), for ``test marketing'' purposes, which is referred to as a test
marketing exemption, or TME. For more information about the
requirements applicable to a new chemical go to: http://www.epa.gov/oppt/newchems.
    Under TSCA sections 5(d)(2) and 5(d)(3), EPA is required to publish
in the Federal Register a notice of receipt of a PMN or an application
for a TME and to publish in the Federal Register periodic status
reports on the new chemicals under review and the receipt of NOCs to
manufacture those chemicals. This status report, which covers the
period from October 1, 2012 to October 12, 2012, consists of the PMNs
pending or expired, and the NOCs to manufacture a new chemical that the
Agency has received under TSCA section 5 during this time period.

III. Receipt and Status Reports

    In Table I. of this unit, EPA provides the following information
(to the extent that such information is not claimed as CBI) on the PMNs
received by EPA during this period: The EPA case number assigned to the
PMN, the date the PMN was received by EPA, the projected end date for
EPA's review of the PMN, the submitting manufacturer/importer, the
potential uses identified by the manufacturer/importer in the PMN, and
the chemical identity.

                       Table I--20 PMNs Received From October 1, 2012 to October 12, 2012
----------------------------------------------------------------------------------------------------------------
                                  Projected
      Case No.        Received   notice end     Manufacturer/              Use                   Chemical
                        date         date         importer
----------------------------------------------------------------------------------------------------------------
P-13-0001..........   10/1/2012  12/29/2012  CBI...............  (G) Pigment dispersant.  (G) Vegetable-oil
                                                                                fatty acids,
                                                                                conjugated, polymers
                                                                                with substituted
                                                                                propanoic acid,
                                                                                polyol, anhydride,
                                                                                polyethylene glycol,
                                                                                propylene glycol and
                                                                                trimethylolpropane.
P-13-0002..........   10/1/2012  12/29/2012  CBI...............  (S) Emulsion stabilizer  (G) Substituted
                                                                                polyhydroxy aromatic
                                                                                compound.
P-13-0003..........   10/1/2012  12/29/2012  CBI...............  (G) Part of adhesive     (G) Castor oil,
                                                                  system.                  polymer with glycol
                                                                                and phthalic
                                                                                anhydride.
P-13-0004..........   10/1/2012  12/29/2012  H.B. Fuller         (G) Industrial adhesive  (G) Dicarboxylic acid
                                              Company.                                     polymer with
                                                                                aliphatic glycols,
                                                                                and 1,1'-
                                                                                methylenebis[isocyana
                                                                                tobenzene].
P-13-0005..........   10/2/2012  12/30/2012  H.B. Fuller         (G) Adhesive for         (G) Dicarboxylic acid
                                              Company.            flexible film            polymer with
                                                                  laminating.              aliphatic glycols,
                                                                                and 1,1'-
                                                                                methylenebis
                                                                                [isocyanatobenzene].
P-13-0006..........   10/2/2012  12/30/2012  CBI...............  (S) Rheology modifier..  (G) Rubber epoxy
                                                                                adduct.
P-13-0007..........   10/3/2012  12/31/2012  DIC International   (S) Polymer resin for    (G) Acrylic acids,
                                              (USA) LLC.          spray paint/coatings.    polymer with
                                                                                methacrylate esters,
                                                                                styrene and tert-
                                                                                bubenzene
                                                                                carboperoxoate-
                                                                                initiated, compounds
                                                                                with amine.
P-13-0008..........   10/3/2012  12/31/2012  CBI...............  (S) Flame retardant      (G) Melamine
                                                                  used in the              polyphosphate.
                                                                  manufacture of
                                                                  plastics.; flame
                                                                  retardant used in
                                                                  paints and varnishes.
P-13-0009..........   10/4/2012    1/1/2013  CBI...............  (G) Photoinitiated       (G) Acrylate
                                                                  resin for ultra violet   functional aliphatic
                                                                  or electro beams         isocyanate polymer
                                                                  curable clear            blocked with hydroxy
                                                                  coatings, overprint      aromatic monomer.
                                                                  varnishes, laminating
                                                                  adhesives and inks.
P-13-0010..........   10/4/2012    1/1/2013  Eastman Chemical    (G) Chemical             (S) 1,4-
                                              Company.            intermediate.            cyclohexanedicarboxyl
                                                                                ic acid, 1,4-dimethyl
                                                                                ester, hydrogenolysis
                                                                                products.
P-13-0011..........   10/4/2012    1/1/2013  Huntsman            (S) Antistatic finish    (G) Hydroxy-functional
                                              Corporation.        for synthetic fibers.    epoxyamine polyglycol
                                                                                ester.
P-13-0012..........   10/4/2012    1/1/2013  Mane, USA.........  (S) Fragrance            (S) 2-
                                                                  ingredient.              octenenitrile,3,5,7-
                                                                                trimethyl-.
P-13-0013..........   10/5/2012    1/2/2013  Dow Chemical        (G) Open-non dispersive  (G) Polyurethane
                                              Company.            use.                     polymer.
P-13-0014..........   10/8/2012    1/5/2013  CBI...............  (G) Dispersant.........  (G) Substituted
                                                                                carboxylic acid,
                                                                                compound with
                                                                                hetermonocyclic
                                                                                polymer with
                                                                                substituted
                                                                                carboxylic acid,
                                                                                substituted
                                                                                heteromonocycle and
                                                                                heteromonocycle.

P-13-0015..........   10/9/2012    1/6/2013  CBI...............  (S) Industrial inkjet    (S) Phenol, 4,4'-(1-
                                                                  ink manufacture.         methylethylidene)bis-
                                                                                , polymer with 2-
                                                                                (chloromethyl)oxirane
                                                                                , .alpha.-.omega.-
                                                                                hydroxypoly(oxy-1,4-
                                                                                butanediyl), 1,1'-
                                                                                methylenebis[4-
                                                                                isocyanatocyclohexane
                                                                                ] and 2,2'-
                                                                                (methylimino)bis[etha
                                                                                nol], iso-bu alochol.-
                                                                                blocked, phosphate
                                                                                (salts).
P-13-0016..........   10/9/2012    1/6/2013  CBI...............  (S) Thermoplastic        (S) 1,4-butanediol,
                                                                  polyurethane for         polymer with 1,4-
                                                                  coatins/mouldings.       diisocyanatobenzene
                                                                                and -hydro--
                                                                                hydroxypoly(oxy-1,4-
                                                                                butanediyl).
P-13-0017..........  10/10/2012    1/7/2013  DIC International   (S) Polymer resin for    (G) Acrylated silicone
                                              (USA) LLC.          spray paint/coatings.    polymer.
P-13-0018..........  10/10/2012    1/7/2013  CBI...............  (G) Stabilizing agent    (G) Trisodium
                                                                  for polymers.            diethylene
                                                                                triaminepolycarboxyla
                                                                                te.
P-13-0019..........  10/11/2012    1/8/2013  Henkel Corporation  (S) Crosslinker in       (G) Acetonoximino
                                                                  moisture cure sealant    silane.
                                                                  formulaion.
P-13-0020..........  10/11/2012    1/8/2013  Zeon Chemicals      (S) Polymer for          (G) Polycycloolefin
                                              Incorporated.       injection molds;         polymer.
                                                                  polymer modifier; film
                                                                  extrusion.
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    In Table II. of this unit, EPA provides the following information
(to the extent that such information is not claimed as CBI) on the NOCs
received by EPA during this period: The EPA case number assigned to the
NOC, the date the NOC was received by EPA, the projected end date for
EPA's review of the NOC, and chemical identity.

                       Table II--12 NOCs Received From October 1, 2012 to October 12, 2012
----------------------------------------------------------------------------------------------------------------
                                              Commencement
            Case No.               Received    notice end                         Chemical
                                     date         date
----------------------------------------------------------------------------------------------------------------
P-09-0111......................    10/2/2012    12/16/2011  (G) Alkoxysilane functional acrylic resin.
P-11-0087......................    10/2/2012      9/7/2012  (G) Polyfluoroalkyl phosphoric acid salt, aqueous
                                                             solution.
P-11-0433......................    10/9/2012     9/22/2012  (G) Substituted amino polymer, with substituted
                                                             amine salt and salted acrylate.
P-12-0013......................    10/2/2012     6/19/2012  (G) Crosslinked polyalkyl methacrylate.
P-12-0094......................   10/10/2012     9/28/2012  (G) Polyether polyurethane dispersion.
P-12-0104......................    10/4/2012     9/28/2012  (G) Mixture of isomers of condensation products of
                                                             substituted diazotized aminoanilines.
P-12-0156......................    10/4/2012     9/21/2012  (G) Water soluble modified linseed oil.
P-12-0235......................    10/2/2012     9/20/2012  (G) Polyesterurethane.
P-12-0392......................    10/5/2012     10/4/2012  (G) Mix of isomers of substituted cyclohexyl
                                                             carboxaldehyde.
P-12-0426......................   10/11/2012     9/28/2012  (S) Aluminate(1-), tetrafluoro-, cesium, (t-4)-.
P-12-0442......................    10/8/2012     10/1/2012  (G) Carboxylic acid, alkenyl ester, polymers with
                                                             alkyl acrylate, me methacrylate and polyethylene
                                                             glycol hydrogen sulfate substituted alkyl branched
                                                             alkoxy methyl substituted (alkoxy)alkyl ethers
                                                             salts.
P-12-0454......................    10/9/2012     10/8/2012  (G) Modified lignocellulose.
----------------------------------------------------------------------------------------------------------------

    If you are interested in information that is not included in these
tables, you may contact EPA as described in Unit II. to access
additional non-CBI information that may be available.

List of Subjects

    Environmental protection, Chemicals, Hazardous substances, Imports,
Notice of commencement, Premanufacturer, Reporting and recordkeeping
requirements, Test marketing exemptions.

    Dated: October 23, 2012.
Chandler Sirmon,
Director, Information Management Division, Office of Pollution
Prevention and Toxics.
[FR Doc. 2012-28206 Filed 11-20-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 91 (Wednesday, May 11, 2011)]
[Notices]
[Pages 27337-27338]
[FR Doc No: 2011-11486]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2010-1116]

Houston/Galveston Navigation Safety Advisory Committee

AGENCY: Coast Guard, DHS.

ACTION: Notice of Federal Advisory Committee Meeting.

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SUMMARY: The Houston/Galveston Navigation Safety Advisory Committee
postponed its originally scheduled February 3, 2011, meeting due to
inclement weather. The new meeting date is June 21, 2011, in Texas
City, Texas, to discuss waterway improvements, aids to navigation, area
projects impacting safety on the Houston Ship Channel, and various
other navigation safety matters in the Galveston Bay area. The meeting
will be open to the public.

DATES: The Committee will meet on Tuesday, June 21, 2011, from 9 a.m.
to noon. Please note that meeting may close early if the Committee has
completed its business. Comments on the issues to be considered by the
committee should reach the online docket or Docket Management Facility
by June 7, 2011.

ADDRESSES: The meeting will be held at Coast Guard Marine Safety Unit
Building in Texas City, 3101 FM 2004, Texas City, Texas 77591. For
information on facilities or services for individuals with disabilities
or to request special assistance at the meeting, contact the person
listed in the FOR FURTHER INFORMATION CONTACT section below.
    You may submit comments identified by docket number USCG-2010-1116
using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>. To avoid duplication, please use only one of
these four methods. See the ``Public Participation'' portion of the
SUPPLEMENTARY INFORMATION section below for instructions on submitting
comments.

FOR FURTHER INFORMATION CONTACT: If you have any questions concerning
the meeting, contact Lieutenant Junior Grade Margaret Brown, Waterways
Management Branch, Coast Guard, telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act (FACA), 5 U.S.C. App. (Pub. L. 93-463).
The

HOGANSAC is an advisory committee as provided for in section 18 of the
Coast Guard Authorization Act of 1991, (Pub. L. 102-241 as amended) and
chartered under the provisions of the FACA. HOGANSAC provides advice
and recommendations to the Commandant of the U.S. Coast Guard on
matters relating to safe transit of vessels and products through
Galveston Bay, and to and from the Ports of Galveston, Houston, Texas
City, and Galveston Bay.
    Public Participation: To facilitate public participation, we are
inviting public comment on the issues to be considered by the committee
as listed in the ``Agenda'' portion below. All submissions received
must include the words ``Department of Homeland Security'' and the
docket number for this action. Comments received will be posted without
alteration at http://www.regulations.gov, including any personal
information provided. You may review a Privacy Act notice regarding our
public dockets in the January 17, 2008, issue of the Federal Register
(73 FR 3316).
    Docket: For access to the docket to read background documents or
comments received by the committee, go to http://www.regulations.gov
and enter the docket number in the search box.
    Public Comment Period: A public comment period will be held during
the meeting on June 21 from 11 to 11:30 a.m. Speakers are requested to
limit their comments to three minutes. Please note that the public
comment period may end before the time indicated, following the last
call for comments. Contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to register as a speaker.

Agenda

    The tentative agenda for the Committee is as follows:
    (1) Opening Remarks by the Designated Federal Officer (CAPT
Woodring) and Committee Chair (Mrs. Tava Foret).
    (2) Approval of September 23, 2010, minutes.
    The HOGANSAC minutes will be available at the following link as
soon as they are approved by the committee: http://homeport.uscg.mil/mycg/portal/ep/channelView.do?channelId=-18426&channelPage=%2Fep%2Fchannel%2Fdefault.jsp&pageTypeId=13489&BV_SessionID=@@@@1196828626.1302537172@@@@&BV_EngineID=ccccadfdfemhkfhcfjgcfgfdffhdghk.0.
    (3) Old Business.
    (a) Waterways Safety and Utilization subcommittee report. Copies of
the report will be available to the public on June 8, 2011 at the
Homeport Web site: http://homeport.uscg.mil/mycg/portal/ep/programView.do?channelId18426&programId=13300&programPage=%2Fep%2Fprogram%2Feditorial.jsp&pageTypeId=13489&BV_SessionID=@@@@0584297917.1302013571@@@@&BV_EngineID=cccfadfdemifmekcfjgcfgfdffhdghm.0. The subcommittee is
reviewing safety issues at Bolivar Ferry Landings and is requesting any
real time videos and examples of unsafe wake in the area that users may
have. The subcommittee continues to revise the safe boating
publications including the Navigating the Houston Ship Channel
brochure, a guide for commercial users of the waterway; and the Sharing
Our Bay Brochure, a guide for recreational users of the waterway. The
subcommittee is conducting a study of Galveston Anchorage Area and is
requesting that National Oceanic and Atmospheric Administration (NOAA)
update Galveston-area nautical charts with new survey information. The
subcommittee is also requesting that NOAA utilize bottom contour
information for Anchorage A on applicable charts and that hydrography
information is added to applicable charts for Anchorage A, B, and C in
Galveston Bay. The subcommittee recently advised the Coast Guard
regarding the costs and benefits of the new U.S. Coast Guard Boarding
Procedures and has since closed the issue;
    (b) Area Maritime Security Committee (AMSC) Liaison's report: The
AMSC representative will discuss the Annual Report from the Facility
Security Working Group, highlighting their new Web site and the
progress they have made on various issues such as TWIC escorting and
Mariner Access/Shore Leave. The representative will also discuss
lessons learned from the 2011 SECUREX, which took place on March 24,
2011. The SECUREX is an exercise that focused on long-term recovery of
the ship channel and the marine transportation system following a
security incident. The AMSC representative will summarize the amount,
type, finances, and timeline associated with the Port Security Grants
Round 11 proposed projects.
    (3) New Business.
    (a) Review of 2011 Area Maritime Security Committees/Harbor Safety
Committees Conference in Houston, Texas;
    (b) Brief presentation on Seafarer Access;
    (5) Announcements.
    (a) Schedule Next Meetings;
    (b) Solicitation for public comments.

    Dated: April 14, 2011.
M.E. Woodring,
Captain, U.S. Coast Guard, Commander, Sector Houston-Galveston.
[FR Doc. 2011-11486 Filed 5-10-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: December 3, 2007 (Volume 72, Number 231)]
[Notices]
[Page 67989-67990]
[DOCID:fr03de07-124]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56841; File No. SR-NASDAQ-2007-089]

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

November 27, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 1, 2007, The NASDAQ Stock Market LLC (``Nasdaq'') 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 substantially prepared by the Exchange. The Exchange
filed the proposed rule change pursuant to Section 19(b)(3)(A) of the
Act \3\ and Rule 19b-4(f)(2) thereunder,\4\ which renders it effective
upon filing with the Commission. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq proposes to modify pricing for Nasdaq members using the
Nasdaq Market Center. Nasdaq will implement this proposed rule change
on November 1, 2007. The text of the proposed rule change is available
at the Exchange's Web site, http://www.nasdaq.complinet.com, the Exchange and

the Commission's Public Reference Room.

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

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

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

1. Purpose
    Effective November 1, 2007, Nasdaq is implementing changes to its
fees for routing to the New York Stock Exchange (``NYSE'') that reflect
recently announced changes to order execution fees at that venue.
Specifically, NYSE has eliminated a transaction fee of $0.0004 per
share on ``at the opening'' and ``at the opening only'' orders in
equity securities (excluding exchange-traded funds).\5\ Similarly,
Nasdaq is eliminating the $0.0004 fee it charges to members when their
orders are routed to NYSE and execute in the NYSE opening process as
``at the opening'' or ``at the opening only'' orders.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 56740 (November 5,
2007), 72 FR 63636 (November 9, 2007) (SR-NYSE-2007-100).
---------------------------------------------------------------------------

    In addition, effective October 1, 2007, NYSE implemented a fee of
$0.0004 per share for odd lot transactions (including the odd lot
portions of partial round lots).\6\ At that time, Nasdaq did not
implement a routing fee that specifically distinguished these
transactions from other transactions executed at NYSE. Nasdaq is now
implementing such a fee at the same $0.0004 per share level as the NYSE
execution fee, effective November 1, 2007.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 56590 (October 1,
2007), 72 FR 57369 (October 9, 2007) (SR-NYSE-2007-88).
---------------------------------------------------------------------------

2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\7\ in general, and with Section
6(b)(4) of the Act,\8\ in particular, in that it provides for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using any facility or system,
which Nasdaq operates or controls. The change responds to fee changes
by NYSE to ensure that Nasdaq's fees for routing to NYSE are generally
consistent with charges that NYSE imposes on Nasdaq when it routes
orders to it.
---------------------------------------------------------------------------

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

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

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

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

    Written comments on the proposed rule change were neither solicited
nor received.

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

    The foregoing proposed rule change is filed pursuant to Section
19(b)(3)(A)(ii) of the Act \9\ and subparagraph (f)(2) of Rule 19b-4
thereunder \10\ because it establishes or changes a due, fee, or other
charge applicable only to a member imposed by a self-regulatory
organization. Accordingly, the proposal is effective upon Commission
receipt of the filing. At any time within 60 days of the filing of the
proposed rule change, the Commission may summarily abrogate such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NASDAQ-2007-089 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2007-089. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements

with respect to the proposed rule change that are filed with the
Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for inspection and copying in the
Commission's Public Reference Room, 100 F Street, NE., Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of such filing also will be available for inspection and
copying at the principal office of Nasdaq. All comments received will
be posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NASDAQ-2007-089 and should be submitted
on or before December 24, 2007.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
[FR Doc. E7-23316 Filed 11-30-07; 8:45 am]

BILLING CODE 8011-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on June 17XX, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST 2005-21537335

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated

(no additional confirming order will be issued in this matter).

Applicant:  VOLGA-DNEPR J.S. CARGO AIRLINE (Volga-Dnepr)						Date
Filed:  June 13, May 26, 2005

Relief requested:  Exemption from 49 U.S.C. section 40109(g) to permit
the applicant to operate one round-trip,       one-way, all--cargo
charter flight between Alexandria, Louisiana and Denver, Colorado and
Boeing Field, Washington, Cape Canaveral, Florida within during the
periodon or around  of June 206-14, 2005, using it’s AN-124-100
aircraft to transport eight OH-58D helicopters, on behalf of the U.S.
Department of Defense (DoD) and Air Mobility Command (AMC) .  twoone
cLockheed Martin Space System Centaur tTank each way Upper Stages on
behalf of Lockheed Martin Space Systems (LMSS). ThThee applicant statesd
that DoD LMSSockheed Martin needssed urgent delivery of the equipmentthe
subject lift in order to meet ensure the smooth running of the its
training and operational missions; andan aggressive integration and
launch schedules that include subsequent launch integration activities
and launch processing; that the cargo is too large for transportation by
U.S.-carrier aircraft.  ; and that a technical evaluation conducted by
Lockheed Martin determined that surface transportation is not feasible
because of the delicate nature of the cargowould place the cargo in
conditions that are unsuitable to maintaining system integrity.

Applicant representative:  Glenn P. Wicks,<PHONE_NUMBER>
DOT analyst:  Daniel M. Wolfert,<PHONE_NUMBER>

Responsive pleadings:  The applicantVolga-Dnepr served its application
on those U.S. carriers operating large all-cargo aircraft.  Each carrier
indicated that it did not have aircraft available to conduct the
proposed operations and that it had no comment or did not oppose grant
of the requested authority to Volga-Dnepr.

Statutory Standards:  Under 49 U.S.C. section 40109(g), we may authorize
a foreign air carrier to carry commercial traffic between U.S. points
(i.e., cabotage traffic) under limited circumstances.  Specifically, we
must find that the authority is required in the public interest; that
because of an emergency created by unusual circumstances not arising in
the normal course of business the traffic cannot be accommodated by U.S.
carriers holding certificates under 49  U.S.C. section 41102; that all
possible efforts have been made to place the traffic on U.S. carriers;
and that the transportation is necessary to avoid unreasonable hardship
to the traffic involved (an additional required finding, concerning
emergency transportation during labor disputes, was not relevant here).

        DISPOSITION

Action: Approved.
                                                	Action date:  June
17XX,, 2005

Effective dates of authority granted:  June 206x, 2005, through June
2214, 2005.

Basis for approval:  We are granting Volga-Dnepr Airline’s request to
operate its proposed one-way round-trip operation (described above)
between Denver, Colorado and Cape Canaveral, Floridaon behalf of the
Department of Defense,LMSS, through June 2214, 2005.  We found that this
request met all the relevant criteria of 49  U.S.C. section 40109(g)
for the grant of an exemption of this type and that the grant was
required in the public interest.  Specifically, we were persuaded that
of the urgent that the need to move the cargo promptly in order to
ensure the smooth running of DoD’s training and operational missions;
the fact that the cargo was originally to move via AMC aircraft but
those aircraft had to be diverted to other areas; and the meet the
shipper’s integration and launch schedules associated with the
cargodelivery schedule, the fact that the cargo could not be transported
by surface transportation because of its delicate naturethe potential
negative impact of delivery delay; and the unique, outsized nature of
the cargo, constituted an emergency not arising in the normal course of
business.  Moreover, based on the representations of the U.S. carriers,
we concluded that no U.S. carrier had aircraft available which could be
used to conduct the operation at issue here.  We also found that grant
of this authority was necessary to prevent unreasonable hardship to the
shipper.  FLockheed MartinMSS.  Finally, we found that the applicant was
qualified to perform its proposed operation.

Except to the extent exempted/waived, this authority is subject to our
standard exemption conditions (attached) and to the condition that the
applicant must comply with an FAA-approved flight routing for the
authorized flightoperation..

Action taken by:

Karan K. Bhatia

Assistant Secretary

for Aviation and International Affairs

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

FOREIGN CARRIER EXEMPTION CONDITIONS
                               ATTACHMENT

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

1) Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

2) Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

3) Comply with the requirements for minimum insurance coverage contained
in 14 CFR Part 205, and, prior to the commencement of any operations
under this authority, file evidence of such coverage, in the form of a
completed OST Form 6411, with the Federal Aviation Administration’s
Program Management Branch (AFS-260), Flight Standards Service (any
changes to, or termination of, insurance also shall be filed with that
office);

4) Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

5) Conform to the airworthiness and airman competency requirements of
its Government for international air services;

6) Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

7) Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: a) based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or b) based on
a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term “international air transportation” means “international
transportation” as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

8) Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

9) Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department’s
rules governing charters (including 14 CFR Parts 212 and 380); and

11) Comply with such other reasonable terms, conditions, and limitations
required by the public interest as may be prescribed by the Department,
with all applicable orders or regulations of other U.S. agencies and
courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under
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†††††††††††††††ठउउ ഍഍഍〠⼵
〲㐰഍


[Federal Register: August 5, 2008 (Volume 73, Number 151)]
[Notices]
[Page 45459-45460]
[DOCID:fr05au08-66]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2002-D-0094] (formerly Docket No. 2002D-0049)

Guidance for the Public, FDA Advisory Committee Members, and FDA
Staff: Public Availability of Advisory Committee Members' Financial
Interest Information and Waivers; Availability

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a guidance document for the public, FDA advisory
committee members, and FDA staff entitled ``Guidance for the Public,
FDA Advisory Committee Members, and FDA Staff: Public Availability of
Advisory Committee Members' Financial Interest Information and
Waivers.'' This guidance is intended to help the public, FDA advisory
committee members, and FDA staff to understand and implement FDA
procedures regarding public availability of information regarding
certain financial interests and waivers granted by FDA to permit
individuals to participate in an advisory committee meeting. The
guidance announced in this notice finalizes the draft guidance of the
same title dated October 2007 and FDA's ``Draft Guidance on Disclosure
of Conflicts of Interest for Special Government Employees Participating
in FDA Product Specific Advisory Committees'' dated January 2002.
Elsewhere in this issue of the Federal Register, FDA is announcing the
availability of three additional guidances, and one draft guidance,
intended to improve FDA's advisory committee procedures.

DATES:  The guidance is effective August 5, 2008. Submit written or
electronic comments on agency guidances at any time.

ADDRESSES:  Submit written requests for single copies of the guidance
to the Office of Policy (HF-11), Office of the Commissioner, Food and
Drug Administration, 5600 Fishers Lane, Rockville, MD 20857. Send one
self-addressed adhesive label to assist that office in processing your
requests. Submit phone requests to<PHONE_NUMBER> or<PHONE_NUMBER>. See
the SUPPLEMENTARY INFORMATION section for electronic access to the
guidance document.
    Submit written comments on the guidance to the Division of Dockets

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

FOR FURTHER INFORMATION CONTACT: Jill Hartzler Warner, Office of
Policy, Planning, and Preparedness (HF-11), Food and Drug
Administration, 5600 Fishers Lane, Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a document entitled
``Guidance for the Public, FDA Advisory Committee Members, and FDA
Staff: Public Availability of Advisory Committee Members' Financial
Interest Information and Waivers,'' dated August 2008. FDA's advisory
committees provide independent and expert advice on scientific,
technical, and policy matters related to the development and evaluation
of products regulated by FDA. FDA implements a rigorous process for
soliciting and vetting candidates for advisory committee meetings to
minimize any potential for financial conflicts of interest. The agency
is authorized by statute to grant waivers to allow individuals with
potentially conflicting financial interests to participate in meetings
where we conclude, after close scrutiny, that certain criteria are met.
See 18 U.S.C. 208(b)(1), (b)(3) and section 712(c)(2)(B) of the Federal
Food, Drug, and Cosmetic Act (the act) (added by the Food and Drug
Administration Amendments Act of 2007, Public Law No. 110-85, section
701 (effective October 1, 2007)).
    In January 2002, FDA issued ``Draft Guidance on Disclosure of
Conflicts of Interest for Special Government Employees Participating in
FDA Product Specific Advisory Committees,'' and requested comments on
the draft guidance (Docket No. 2002D-0049). The draft guidance was
limited in application to Special Government Employees (SGEs)
participating in advisory committee meetings at which particular
matters relating to particular products were discussed.
    FDA has recently undertaken an internal assessment of its advisory
committee process. As a result of this review, and based on the
comments submitted to the docket for the January 2002 draft guidance,
FDA has revised the 2002 draft guidance to broaden its applicability,
to bring as much transparency as possible to FDA's waiver process, and
to increase the consistency and clarity of the process. The guidance
revises procedures, consistent with section 712(c)(3) of the act, to
make publicly available relevant information regarding financial
interests and waivers granted by the agency for SGEs and regular
Government employees invited to participate in FDA advisory committee
meetings.
    The guidance also includes a template for disclosing to the public
the disqualifying financial interests for which waivers are sought and
a template for all waivers that FDA grants. The guidance further
describes FDA's process for making these documents available on its Web
site in advance of each advisory committee meeting.
    In the Federal Register of October 31, 2007 (72 FR 61657), FDA
announced the availability of the draft guidance of the same title
dated October 2007. FDA received one comment on the draft guidance
generally supporting the guidance. Editorial changes were made to
improve clarity.
    This guidance document is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The guidance document
represents the agency's current thinking on public availability of
information regarding advisory committee members' financial interests
and waivers granted by FDA to permit participation in advisory
committee meetings. It does not create or confer any rights for or on
any person and does not operate to bind FDA or the public. An
alternative approach may be used if such approach satisfies the
requirements of the applicable statutes and regulations.

II. Comments

    Interested persons may, at any time, submit to the Division of
Dockets Management (see ADDRESSES) written or electronic comments
regarding this document. Submit a single copy of electronic comments or
two paper copies of any mailed comments, except that individuals may
submit one paper copy. Comments are to be identified with the docket
number found in brackets in the heading of this document. Received
comments may be seen in the Division of Dockets Management between 9
a.m. and 4 p.m., Monday through Friday.
    Please note that on January 15, 2008, the FDA Division of Dockets
Management Web site transitioned to the Federal Dockets Management
System (FDMS). FDMS is a Government-wide, electronic docket management
system. Electronic comments or submissions will be accepted by FDA only
through FDMS at http://www.regulations.gov.

III. Electronic Access

    Persons with access to the Internet may obtain the document at
http://www.fda.gov/opacom/morechoices/industry/guidedc.htm or http://
www.regulations.gov.

    Dated: July 31, 2008.
Randall W. Lutter,
Deputy Commissioner for Policy.
[FR Doc. E8-17999 Filed 8-4-08; 8:45 am]

BILLING CODE 4160-01-S