[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Rules and Regulations]
[Pages 57703-57707]
[FR Doc No: 2020-18113]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2020-0213; FRL-10013-66-Region 9]

Air Plan Approval; California; Consumer Products Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the California Air Resources Board's
(CARB's) Consumer Products portion of the California State
Implementation Plan (SIP). These revisions concern volatile organic
compound (VOC) emissions from consumer products and a supporting test
method. The EPA is also approving revisions to California's Tables of
Maximum Incremental Reactivity (MIR) Values to support its Aerosol
Coating Products regulation. We are approving state rules to regulate
these emission sources under the Clean Air Act (CAA or the Act).

DATES: This rule is effective October 16, 2020.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2020-0213. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, EPA Region IX, (415)
947-4152<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    The Consumer Products portion of the California SIP consists of
rules promulgated in title 17 of the California Code of Regulations (17
CCR), division 3 (``Air Resources''), chapter 1 (``Air Resources
Board''), subchapter 8.5 (``Consumer Products''), article 1
(``Antiperspirants and Deodorants''), article 2 (``Consumer Products'')
and article 3 (``Aerosol Coating Products''); and subchapter 8.6
(``Maximum Incremental Reactivity''), article 1 (``Tables of Maximum
Incremental Reactivity (MIR) Values'').
    On May 29, 2020 (85 FR 32324), the EPA proposed to approve the
following amendments to the Consumer Products portion of the California
SIP.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                 California code of
       Local agency                  regulations                   Title            Amended \1\      Submitted
----------------------------------------------------------------------------------------------------------------
CARB......................  Title 17, Division 3,         Antiperspirants and         05/25/2018      06/04/2019
                             Chapter 1, Subchapter 8.5,    Deodorants \2\.
                             Article 1.
CARB......................  Title 17, Division 3,         Consumer Products \3\.      05/25/2018      06/04/2019
                             Chapter 1, Subchapter 8.5,
                             Article 2.
CARB......................  Title 17, Division 3,         Aerosol Coating             09/17/2014      12/01/2016
                             Chapter 1, Subchapter 8.5,    Products\4\.
                             Article 3.
CARB......................  Title 17, Division 3,         Tables of Maximum           09/17/2014      12/01/2016
                             Chapter 1, Subchapter 8.6,    Incremental
                             Article 1.                    Reactivity (MIR)
                                                           Values \5\.
CARB......................  ............................  Method 310--                05/25/2018      06/04/2019
                                                           Determination of
                                                           Volatile Organic
                                                           Compounds (VOC) in
                                                           Consumer Products and
                                                           Reactive Organic
                                                           Compounds (ROC) in
                                                           Aerosol Coating
                                                           Products.
----------------------------------------------------------------------------------------------------------------

    The current amendments to article 1 (``Antiperspirants and
Deodorants'') of subchapter 8.5 update certain definitions and
references. The current amendments to article 2 (``Consumer Products'')
of subchapter 8.5 revise certain definitions, lower certain VOC
standards, and clarify and update certain administrative and reporting
requirements. Current amendments to article 3 (``Aerosol Coating
Products'') of subchapter 8.5 clarify applicability, revise certain
definitions, delete mass-based VOC limits and add new, lower
reactivity-based limits for general and specialty aerosol coatings.
Lastly, the current amendments to article 1 (``Tables of Maximum
Incremental Reactivity (MIR) Values'') of subchapter 8.6 (``Maximum
Incremental Reactivity'') update MIR values for many individual
chemical compounds and hydrocarbon solvent groupings. CARB estimates
that the current amendments will result in equivalent VOC emission
reductions of approximately 4 tons per day (tpd) statewide, of which
approximately 1.8 tpd will occur in the area under the jurisdiction of
the South Coast Air Quality Management District.
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    \1\ CARB adopted amendments to articles 1, 2 and 3 of subchapter
8.5 and article 1 of subchapter 8.6 on September 26, 2013. The
California Office of Administrative Law (OAL) approved the
amendments on September 17, 2014, effective January 1, 2015. CARB
submitted the September 26, 2013 amendments to the EPA as a SIP
revision on December 1, 2016. CARB adopted amendments to Method 310
on May 25, 2018 and submitted Method 310, as amended, to the EPA as
a SIP revision on June 4, 2019.
    \2\ Article 1 of subchapter 8.5 includes sections 94500, 94501,
94502, 94503, 94503.5, 94504, 94505, 94506 and 94506.5. Amendments
to a section of Article 1, 17 California Code of Regulations (CCR)
section 94506 (``Test Methods''), were adopted by CARB on May 25,
2018, and approved by the California OAL on December 31, 2018,
effective January 1, 2019. CARB submitted the May 25, 2018
amendments to the EPA as a SIP revision by letter dated June 4,
2019.
    \3\ Article 2 of subchapter 8.5 includes sections 94507 through
94517. Amendments to a subset of these rules, 17 CCR sections 94509,
94513 and 94515, were adopted by CARB on May 25, 2018, and approved
by the California OAL on December 31, 2018, effective January 1,
2019. CARB submitted the May 25, 2018 amendments to the EPA as a SIP
revision by letter dated June 4, 2019.
    \4\ Article 3 of subchapter 8.5 includes sections 94520 through
94528.
    \5\ Article 1 of subchapter 8.6 includes sections 94700 and
94701.
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    We proposed to approve the amended rules because we determined that
they comply with the relevant CAA requirements. We also found that,
overall, CARB's rules are the same or more stringent than the
corresponding national rules. Our proposed action and the related
technical support documents contain more information on the rules and
our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.

III. EPA Action

    Pursuant to section 110(k)(3) of the Act, and for the reasons set
forth in the proposed rule and summarized above, the EPA is fully
approving the revisions to the CARB's Consumer Products portion of the
California SIP as submitted on December 1, 2016 and June 4, 2019.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
California rules described in the amendments to 40 CFR part 52 set
forth below. Therefore, these materials have been approved by the EPA
for inclusion in the SIP, have been incorporated by reference by the
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
the EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\6\ The EPA has made, and will continue
to make, these documents available through www.regulations.gov and at
the EPA Region IX Office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).
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    \6\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose

additional requirements beyond those imposed by state law. For that
reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 3,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 16, 2020. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: August 13, 2020.
John Busterud,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, the EPA amends chapter I,
title 40 of the Code of Federal Regulations as follows:

PART 52 -- APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for Part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart F--California

0
2. In Sec.  52.220a:
0
a. In paragraph (c):
0
i. Amend table 1 by revising the entries for ``94500'', ``94501'',
``94502'', ``94503'', ``94503.5'', ``94504'', ``94505'', ``94506'',
``94506.5'', ``94507'', ``94508'', ``94509'', ``94510'', ``94511'',
``94512'', ``94513'', ``94514'', ``94515'', ``94516'', ``94517'',
``94520'', ``94521'', ``94522'', ``94523'', ``94524'', ``94525'',
``94526'', ``94527'' and ``94528''; and
0
ii. Amend table 2 by adding an entry for ``Method 310--Determination of
Volatile Organic Compounds (VOC) in Consumer Products and Reactive
Organic Compounds (ROC) in Aerosol Coating Products'' at the end of the
table.
    The revisions and addition read as follows:

Sec.  52.220a   Identification of plan--in part.

* * * * *
    (c) * * *

                            Table 1--EPA-Approved Statutes and State Regulations \1\
----------------------------------------------------------------------------------------------------------------
                                                           State                                 Additional
        State citation             Title/subject      effective date    EPA approval date        explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
94500........................  Applicability........       3/30/1996  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94501........................  Definitions..........        1/1/2015  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94502........................  Standards for                6/6/2001  [Insert Federal       Submitted by CARB on
                                Antiperspirants and                    Register citation],   December 1, 2016.
                                Deodorants.                            9/16/2020.
94503........................  Exemptions...........       3/30/1996  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94503.5......................  Innovative Products..       3/30/1996  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.

94504........................  Administrative               6/6/2001  [Insert Federal       Submitted by CARB on
                                Requirements.                          Register citation],   December 1, 2016.
                                                                       9/16/2020.
94505........................  Variances............       3/30/1996  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94506........................  Test Methods.........        1/1/2019  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   June 4, 2019.
                                                                       9/16/2020.
94506.5......................  Federal                    12/16/1999  [Insert Federal       Submitted by CARB on
                                Enforceability.                        Register citation],   December 1, 2016.
                                                                       9/16/2020.

                                                  * * * * * * *
94507........................  Applicability........      11/19/2000  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94508........................  Definitions..........        1/1/2015  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94509........................  Standards for                1/1/2019  [Insert Federal       Submitted by CARB on
                                Consumer Products.                     Register citation],   June 4, 2019.
                                                                       9/16/2020.
94510........................  Exemptions...........      12/10/2011  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94511........................  Innovative Products..      10/20/2010  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94512........................  Administrative               1/1/2015  [Insert Federal       Submitted by CARB on
                                Requirements.                          Register citation],   December 1, 2016.
                                                                       9/16/2020.
94513........................  Reporting                    1/1/2019  [Insert Federal       Submitted by CARB on
                                Requirements.                          Register citation],   June 4, 2019.
                                                                       9/16/2020.
94514........................  Variances............       12/8/2007  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94515........................  Test Methods.........        1/1/2019  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   June 4, 2019.
                                                                       9/16/2020.
94516........................  Severability.........      10/21/1991  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94517........................  Federal                    11/18/1997  [Insert Federal       Submitted by CARB on
                                Enforceability.                        Register citation],   December 1, 2016.
                                                                       9/16/2020.

                                                  * * * * * * *
94520........................  Applicability........        1/1/2015  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94521........................  Definitions..........        1/1/2015  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94522........................  Reactivity Limits and        1/1/2015  [Insert Federal       Submitted by CARB on
                                Requirements.                          Register citation],   December 1, 2016.
                                                                       9/16/2020.
94523........................  Exemptions...........        1/1/2015  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94524........................  Administrative               1/1/2015  [Insert Federal       Submitted by CARB on
                                Requirements.                          Register citation],   December 1, 2016.
                                                                       9/16/2020.
94525........................  Variances............        1/1/2015  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94526........................  Test Methods and             1/1/2015  [Insert Federal       Submitted by CARB on
                                Compliance                             Register citation],   December 1, 2016.
                                Verification.                          9/16/2020.
94527........................  Severability.........        1/8/1996  [Insert Federal       Submitted by CARB on
                                                                       Register citation],   December 1, 2016.
                                                                       9/16/2020.
94528........................  Federal                      1/1/2015  [Insert Federal       Submitted by CARB on
                                Enforceability.                        Register citation],   December 1, 2016.
                                                                       9/16/2020.

                                                  * * * * * * *
94700........................  MIR Values for               1/1/2015  [Insert Federal       Submitted by CARB on
                                Compounds.                             Register citation],   December 1, 2016.
                                                                       9/16/2020.
94701........................  MIR Values for              10/2/2010  [Insert Federal       Submitted by CARB on
                                Hydrocarbon Solvents.                  Register citation],   December 1, 2016.
                                                                       9/16/2020.
----------------------------------------------------------------------------------------------------------------
\1\ Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable
  SIP. Table 2 of paragraph (c) lists approved California test procedures, test methods and specifications that
  are cited in certain regulations listed in table 1. Approved California statutes that are nonregulatory or
  quasi-regulatory are listed in paragraph (e).

               Table 2--EPA-Approved California Test Procedures, Test Methods, and Specifications
----------------------------------------------------------------------------------------------------------------
                                               State
              Title/subject               effective date       EPA approval date        Additional  explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Method 310--Determination of Volatile          5/25/2018  [Insert Federal Register    Submitted by CARB on June
 Organic Compounds (VOC) in Consumer                       citation], 9/16/2020.       4, 2019.
 Products and Reactive Organic Compounds
 (ROC) in Aerosol Coating Products.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2020-18113 Filed 9-15-20; 8:45 am]
BILLING CODE 6560-50-P


                                    DRAFT
                         Memorandum of Understanding
 Between the U.S. Environmental Protection Agency Office of Pesticide Programs
       and the Department of the Interior U.S. Fish and Wildlife Service
              Regarding Implementation of Executive Order 13186,
     "Responsibilities of Federal Agencies to Protect Migratory Birds"

This Memorandum of Understanding is entered into, by, and between the Office of Pesticide Programs at the U.S. Environmental Protection Agency and the U.S. Fish and Wildlife Service, herein collectively referred to as the Parties.

   A.    Purpose

This Memorandum of Understanding (MOU) is entered into pursuant to Executive Order 13186, "Responsibilities of Federal Agencies to Protect Migratory Birds" (66 FR 3853, January 17, 2001).  The purpose of this MOU is to promote the conservation of migratory bird populations through enhanced collaboration between the Environmental Protection Agency's (EPA) Office of Pesticide Programs (OPP) and the U.S. Fish and Wildlife Service (FWS) regarding actions directly carried out by OPP.

This MOU does not alter or waive any responsibilities of EPA or FWS, as applicable, under the Migratory Bird Treaty Act (MBTA), the Bald and Golden Eagle Protection Act (Eagle Act), the Endangered Species Act (ESA), or any other statute, nor does it authorize the take of migratory birds.  EPA actions delegated to or assumed by States, Territories, Commonwealths, or Tribes, or carried out by States, Territories, Commonwealths, or Tribes with EPA assistance are not subject to this MOU.  The Parties resolve to implement responsibilities and activities described herein to the extent permitted by law, subject to the availability of appropriations, within Administration budgetary limits, and in harmony with the Parties' missions. In carrying out the activities described in this MOU, OPP does not intend or expect that OPP's ability to meet its statutory deadlines for completing registration and re-evaluation decisions will be impacted.

   B.    Authority

The Parties' responsibilities under this MOU are authorized by or consistent with the purpose of provisions of the following laws and other authorities available to the Parties:

   * Bald and Golden Eagle Protection Act of 1940, as amended (16 U.S.C. §§ 668-668d);
   * Endangered Species Act of 1973, as amended (16 U.S.C. §§ 1531-1544);
   * Executive Order 13186, Responsibilities of Federal Agencies to Protect Migratory Birds (66 FR 3853, Jan 17, 2001);
   * Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. §§ 136 et seq.);
   * Fish and Wildlife Act of 1956, amended (16 U.S.C. §§ 791a et seq.);
   * Fish and Wildlife Conservation Act of 1980, as amended (16 U.S.C. §§ 2901 et seq.);
   * Fish and Wildlife Coordination Act of 1980, as amended (16 U.S.C. §§ 661 et seq.);
   * Migratory Bird Conservation Act of 1929, as amended (16 U.S.C. §§ 715 et seq.);
   * Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. §§ 703-712);
   * National Environmental Policy Act of 1969, as amended (42 U.S.C. §§ 4321-4347).

   C.    Missions of Both Parties

Office of Pesticide Programs

The mission of EPA is to protect human health and the environment.  EPA is committed to ensuring that the American public has air that is safe to breathe, water that is clean and safe to drink, food that is safe to eat, and communities that are protected from toxic chemicals. Within the context of EPA's broad mission, OPP protects human health and safeguards the environment from potential risks associated with the use of pesticides.

The primary statutes regulating pesticide use in the United States are the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. §§ 136 et seq.) and the Federal Food, Drug, and Cosmetic Act (FFDCA) (21 U.S.C. §§ 346a).  FIFRA gives EPA the authority to regulate the registration (licensing) and use of pesticides and FFDCA governs the establishment of tolerances (also known as maximum residue limits) on food and animal feed to ensure that human dietary exposures are safe.  In order for a pesticide to be registered (licensed) under FIFRA, it must be demonstrated that the pesticide's use will not result in unreasonable adverse effects on the environment.

FIFRA provides EPA with authority to make pesticide regulatory decisions necessary to ensure the safe use of pesticides and to require any data the Agency determines are needed to reach those decisions.  FIFRA also requires the periodic review of existing registrations to ensure pesticides continue to meet the most current scientific and regulatory standards.  In connection with registration, EPA reviews and approves pesticide product labeling which, once approved, provides legally binding use instructions and limitations to ensure that use of the product will not result in unreasonable adverse effects to the environment. EPA also is authorized by FIFRA to approve use of unregistered pesticides in emergency situations.  Under certain circumstances, States are also authorized to issue State-specific registrations (known as Special Local Needs registrations) for additional uses of EPA registered pesticides to address pest problems within the State.

By controlling insect pests, plant diseases, and invasive species, pesticides can be beneficial for a variety of reasons, including (but not limited to) the following: increasing food production, controlling household pests, protecting rights-of-way, keeping waterways navigable, restoring native habitats, and protecting human health (e.g., disease vector control).  However, depending on their particular mode of action, pesticides may also be associated with risks to non-target organisms.  Therefore, pursuant to its FIFRA responsibilities, before EPA registers a pesticide under FIFRA, OPP conducts ecological risk assessments to determine what potential risks to the environment are posed by various pesticides, and whether changes to the use or proposed use of such pesticides are necessary to protect the environment from unreasonable adverse effects.  This standard of safety encompasses consideration of effects to migratory birds.

In addition, under the Endangered Species Act (ESA), OPP considers the potential impacts of pesticides on the species listed as endangered or threatened by the FWS and National Marine Fisheries Service (NMFS) and on any designated critical habitat for those species.  OPP is required to consult with the FWS and/or NMFS on an action if OPP determines that use of a pesticide "may affect" a listed species or designated critical habitat.

OPP works with the U.S. Department of Agriculture (USDA) to implement research, demonstration, and education programs to support nationwide adoption of Integrated Pest Management (IPM).  OPP assists FWS and other Federal agencies in applying IPM techniques and approaches for pest management activities and supports efforts to promote IPM through Federal procurement and regulatory policies.  To achieve such broad collaboration and coordination on advancing IPM techniques and policies, OPP participates in the meetings and program activities of the Federal IPM Coordinating Committee.  As resources allow, OPP awards financial assistance agreements for demonstrating and implementing the use of IPM in agricultural and non-agricultural settings, especially as a means for reducing the risk of pesticides.

In addition to its regulatory functions, OPP promotes a variety of partnerships related to pesticide use, including the Pesticide Environmental Stewardship Program (PESP), a voluntary private and public partnership dedicated to reducing pesticide use and risk, and the IPM in Schools Program.

Fish and Wildlife Service

As a Federal agency within the U.S. Department of the Interior, the mission of the FWS is to work with others to conserve, protect, manage, and enhance fish, wildlife, plants, and their habitats for the continuing benefit of the American people.  The FWS Migratory Bird Program serves as a focal point in the United States for policy development and strategic planning, program implementation, and evaluation of actions designed to conserve migratory birds and their habitats.

The FWS is legally mandated to implement the conservation provisions of the MBTA, which includes responsibilities for managing migratory bird populations, domestic and international coordination, and the development and enforcement of regulations that govern authorized take of migratory birds.  The Migratory Bird Conservation Act established the Migratory Bird Conservation Commission to approve land to be acquired with Migratory Bird Conservation Funds.  The Fish and Wildlife Coordination Act requires consultation under certain circumstances and added provisions to recognize the important contribution of wildlife resources to the Nation and to require equal consideration and coordination of wildlife conservation including habitat protection, through acquisition, enhancement, and/or management and avoidance and minimization of adverse impacts related to federal activities.

FWS programs that involve bird conservation activities include:

   1. The Division of Migratory Bird Management and the Migratory Bird Programs in the FWS Regional Offices serve as focal points for policy development and strategic planning.  These offices develop and implement monitoring and management initiatives that help maintain healthy populations of migratory birds and their habitats and provide continued opportunities for citizens to enjoy bird-related recreation.

   2. The Division of Bird Habitat Conservation is instrumental in supporting habitat conservation partnerships through the administration of bird conservation grant programs and development of Joint Ventures that serve as major vehicles for implementing the various bird conservation plans across the country.

   3. Ecological Services Field Offices across the country serve as the primary contacts for technical assistance and environmental reviews involving migratory bird issues.  The Field Offices coordinate with the Regional Migratory Bird Offices, as necessary, during these reviews regarding permits and overall migratory bird conservation coordination.

   4. The Office of Law Enforcement is the principal FWS program that enforces the legal provisions of the MBTA, Eagle Act, ESA, and other laws pertaining to migratory bird conservation.

   5. The National Wildlife Refuge System manages National Wildlife Refuges (NWRs) and Waterfowl Production Areas across the country, many of which were established to protect and conserve migratory birds.  NWRs not only protect important bird habitat, but also focus on monitoring migratory bird populations and restoring and maintaining native habitats.

   6. The Science Applications program works with other FWS programs and partners to ensure that the necessary science, tools, and capacity are available for planning and implementing the most efficient and effective conservation actions to protect fish and wildlife including migratory birds.  They facilitate regional self-directed science management partnerships called Landscape Conservation Cooperatives to develop and apply shared science capacity to conservation.

   A.    Statement of Mutual Interest and Benefit

When used properly, pesticides provide societal benefits such as controlling disease-causing organisms and fostering a safe and abundant food supply.  The Parties have a common interest, however, in ensuring that pesticide use is also consistent with the proper conservation and management of America's natural resources.  The Parties agree that migratory birds are important components of biological diversity and that conservation of migratory birds and their habitats helps sustain ecological integrity, contributes to public conservation education, and enhances the growing interest in outdoor recreation opportunities.  Further, the Parties mutually agree that it is important to: 1) conserve migratory bird populations and their habitats; 2) recognize that actions taken to benefit some migratory bird populations may adversely affect other migratory bird populations; and 3) recognize that actions that may provide long-term benefits to migratory bird populations may have short-term impacts to individual birds.

   B.    Responsibilities of Both Parties

To the extent permitted by law, subject to the availability of appropriations, within administration budgetary limits, and in harmony with OPP and FWS missions and capabilities, both Parties resolve to:

   1. Support the conservation intent of Executive Order 13186, and the migratory bird conventions by: a) integrating bird conservation principles, measures, and practices into agency planning and actions; b) avoiding and/or minimizing the take of migratory birds and adverse effects on their habitats; and c) preventing or abating pollution detrimental to migratory birds and their habitats.

   2. Do the Following: FWS will provide available information on the economic, societal, and environmental benefits of migratory birds to OPP for its consideration in risk management decisions related to pesticide registrations.

   3. Identify where legal use of registered pesticides in the United States is having, or is likely to have, a measurable negative effect on migratory bird populations and their habitats, and work together to promote research and information exchange that result in the minimization of impacts, increased migratory bird conservation, and restored or enhanced migratory bird habitat.

   4.  Improve post-registration evaluation of pesticide effects on migratory birds by:

         a. Working collaboratively to improve incident reporting to OPP and FWS through increased outreach, using web-based information and reporting tools.

         b. Improving mechanisms and seeking funding opportunities for testing bird carcasses for pesticide poisoning via partnerships with Federal Agencies, States, Universities, and NGOs, where resources permit.

   5. Provide training and information on the MBTA, migratory birds and their habitats (e.g., workshops, outreach materials, web-based training) to appropriate agency staff.  This includes developing and sponsoring training regarding:

         a. Responsibilities under the MBTA and Eagle Act.

         b. Current information on the biology and ecology of bird species of concern.

         c. Potential ways to avoid or minimize the creation of avian stressors on migratory bird species, including nesting, rearing, feeding, migration, or over-wintering populations and their habitats.

   6. Work cooperatively to identify conservation measures that minimize avian stressors resulting from pesticide use.

   7. Participate annually, as practicable, in the interagency Council for the Conservation of Migratory Birds to share information on conservation of migratory birds. The duties of the Council include the following:

   a.             Sharing the latest resource information (e.g., conservation measures, data, etc.) to assist in the conservation and management of migratory birds.

   b.             Fostering partnerships to further the goals of Executive Order 13186.

   c.             Reporting annually on the accomplishments and recommendations related to the Executive Order.

   d.             Selecting an annual recipient of a Presidential Migratory Bird Federal Stewardship Award for contributions to the protection of migratory birds.

   A.    Responsibilities of OPP

Within the context of existing programs of pesticide registration and registration review, which includes conducting ecological risk assessments that address migratory birds, OPP intends to integrate migratory bird conservation measures into OPP activities to the extent practicable and consistent with all legal requirements when conducting its reviews.  OPP resolves to:

   1. Continue to consider the potential effects of pesticides on migratory birds in its risk assessment and risk management decisions, with emphasis on Birds of Conservation Concern and other species of concern.

   2. Continue and improve upon its use of pesticide ecological incident data in ecological risk assessments as part of a weight-of-evidence approach in making risk conclusions.

                 a.          FIFRA 6(a)(2) requirements stipulate that known adverse effects related to a pesticide, including pesticide ecological incidents, must be reported to OPP by the registrant of the pesticide (i.e., pesticide companies are required by law to report known pesticide incidents involving their pesticide active ingredient(s) to OPP).

                 b.          Reporting of ecological incidents for non-registrants is voluntary.  Therefore, the Agency plans to continue to promote the reporting of pesticide ecological incidents by non-registrants (e.g., continue to promote the use of the National Pesticide Information Center web portal http://www.npic.orst.edu/ for reporting pesticide-related ecological incidents; continue with the OPP Incident Workgroup that was set up to improve incident reporting).

   3. Incorporate best available data (including those on birds) in pesticide risk assessments conducted for registration review as part of the weight-of-evidence approach when making risk conclusions.

   4. Consistent with the requirements of 40 CFR §156.85, work to ensure that bird hazard language appears on all labels, when appropriate. OPP plans to post examples of bird hazard language on a webpage dedicated to EPA's activities related to pesticides and migratory birds.

   5. Promote migratory bird conservation in international activities and with other countries and international partners, in consultation with the Department of State, as appropriate or relevant to the agency's authorities.

                 a.          OPP plans to continue to work with national and international partners to protect pollinators (including migratory birds) through regulatory, voluntary, education, and research programs.

                 b.          Under the auspices of the Risk Reduction Steering Group, Organization for Economic Co-operation and Development (OECD) Working Group on Pesticides, and the North American Free Trade Agreement Technical Working Group (NAFTA TWG), OPP plans to enhance awareness of migratory bird issues and maintain its support of information sharing and technical assistance to other industrialized countries on IPM techniques and approaches as strategic options for reducing the risks of pesticides on the environment and wildlife.

   6. Work collaboratively with FWS to obtain pertinent biological information on life histories, and ecological and behavior patterns of migratory birds that will help inform OPP ecological risk assessments and potential limitations on pesticide product use.

   7. Work collaboratively with other EPA offices on rules, permits, enforcement actions, and policies that promote and enhance the protection of migratory birds as appropriate.

   8. Work with non-federal entities to further bird conservation.  OPP plans to:

                 a.          Promote and support the Pesticide Environmental Stewardship Program (PESP), an EPA partnership program that works with the nation's pesticide-user community to further Integrated Pest Management (IPM) practices and other actions to promote the safe use of pesticides.  To participate in the program, both agricultural and non-agricultural PESP members commit to goal-oriented strategies to focus voluntary efforts, including in some cases, specific actions to conserve and protect natural resources, while reducing pests and the risks of pesticides.

                 b.          Work with non-federal partners engaged in bird conservation on sharing information on birds and pesticides.

                 c.          Attend bird conservation meetings to promote information exchange and relationship building with our Federal and non-Federal partners on issues related to migratory bird conservation.

   9. Review and improve, as appropriate, OPP's education and outreach on the impacts of pesticide use on migratory birds; and, where warranted, seek to improve the quality and clarity of label language during the registration review process to inform users of potential risks associated with a product's use.

   10. Work with the FWS to develop and provide training to scientific staff, risk managers, and management on the conservation of migratory birds as it relates to pesticide use and registrations.

   11. Develop and maintain a webpage devoted to information on the effects of pesticide use by professional pest control services and agricultural applicators, and homeowners on migratory birds that will include copies of Executive Order 13186, the signed MBTA MOU, training and educational materials intended to advance migratory bird conservation consistent with the objectives of the Executive Order 13186, conservation measures intended to reduce or eliminate take, examples of  bird hazard language for pesticide product labels, and links to other sites with pertinent bird and pesticide information.

   12. In addition to assessing risks to birds from the use of pesticides, specifically for avicides, OPP plans to:

                 a.          Ensure that the FWS is made aware of new registrations involving avicides within 30 days after registration (e.g., via a letter, e-mail, or telephone call).

                 b.          Seek implementation of appropriate label language informing users of the need to discuss with FWS any necessary migratory bird permits and comply with permit terms and conditions during bird management actions using avicidal products, when appropriate.

                 c.          Encourage the development of less toxic alternatives to avicides (e.g., via the Agency's IPM programs).

   13. In addition to assessing risks to birds from the use of pesticides, specifically for rodenticides, OPP plans to:

                 a.          Ensure that the FWS is made aware of new registrations involving rodenticides within 30 days after registration (e.g., via a letter, e-mail, or telephone call).

                 b.          Encourage the development of rodenticides that are less toxic to birds or alternatives to rodenticide use (e.g., via the Agency's IPM programs).

   14. Confer with FWS, as appropriate, for input on label language to reduce risk of migratory bird mortalities from pesticide products, with particular emphasis on avicidal and rodenticide products.

   15. In considering whether to require label language to reduce potential risks to migratory birds, OPP will seek public comment on such proposed regulatory decisions, consistent with its public participation policies for registration and registration review decision-making.

   16. Encourage pesticide users to employ IPM techniques and approaches and "best management practices" that reduce exposure of chemicals in the environment through, for example, EPA partnership programs, such as PestWise.  PestWise summarizes the various voluntary and grant-giving programs in which OPP works collaboratively with companies, non-profit organizations, communities, and individuals to promote environmental stewardship.  The promotion of environmental stewardship is done through information exchange, education and promotion, technical assistance, and funding and grant opportunities, as resources permit.

   17. Where such information is collected in the course of agency actions or supported through federal financial assistance, make reasonable efforts to share such information with the FWS and other appropriate repositories of such data.

   18. If through this MOU any significant change in pesticide risk assessment methodology for migratory birds is proposed, EPA will convene a FIFRA Scientific Advisory Panel review, which includes public comment, before any proposed methodology would be implemented.

   19. Provide the public with notification of the availability of this MOU through a notice published in the Federal Register.

   A.    Responsibilities of FWS

FWS agrees to implement the commitments made in this MOU in each of its program areas where applicable to the extent permitted by law and in harmony with agency missions, and subject to the availability of appropriations.  FWS resolves to:

   1. Provide OPP with technical information to assist in identifying avian stressors and conservation measures and practices for alleviating these stressors, for consideration in OPP's decision-making processes.  This assistance may aid OPP in its pesticide regulatory decisions to promote the conservation of migratory bird species and their habitat.

   2. Work collaboratively toward developing and providing OPP with species-specific avian conservation plans for use in developing OPP ecological risk assessments as they relate to migratory birds and their habitat.

   3. Continue to cooperate and coordinate with other Federal agencies, State agencies, universities, and independent non-governmental organizations to develop and conduct surveys that provide reliable information on the distribution, status, and trends of migratory bird populations on national and/or regional scales.  FWS intends to make existing information available in a timely manner to aid OPP in assessing impacts of pesticides to migratory birds.  This includes updating the FWS Birds of Conservation Concern at five-year intervals.

   4. To assist EPA in making informed pesticide registration decisions, the FWS will provide bird mortality incident data to EPA OPP in a timely manner, as appropriate.  This includes the development of a FWS-wide process to facilitate efficient exchange of mortality incident data to OPP.

         a. Develop mechanism to exchange mortality data between Service Contaminants and Avian Health and Disease groups as well as disease and forensic laboratories.

         b. Promote and provide opportunities for hypothesis-driven field research with partners to investigate acute and chronic impacts of pesticides on avian immunity and population health

   5. Provide training (e.g., regional workshops, outreach materials, web-based training) on migratory bird inventory, management, and monitoring methods and practices for migratory birds and their habitats to appropriate FWS and EPA staff.  This includes developing and sponsoring training regarding:

         a. The conservation of migratory birds as it relates to pesticide use and registrations.

         b. Responsibilities under the MBTA and Eagle Act.

         c. Information on the biology and ecology of bird species of concern.

         d. Potential ways to avoid or minimize avian stressors on populations and habitats including nesting, rearing, feeding, migrating, or over-wintering individuals.

   1. Conduct informational and educational programs oriented toward migratory bird conservation, including habitat restoration.

   2. Work with OPP to develop an informal process promoting information exchange on OPP actions related to avicides and rodenticides.

   3. Work with OPP to develop and make available information on alternative controls to rodenticides and avicides including less toxic alternatives to avicides.

   4. Work with OPP to explore ways to minimize pesticide exposures to migratory birds.

   5. Continue to maintain a permits web page that provides links to all FWS offices responsible for issuing permits for intentional take of migratory birds.  Identify mechanisms, alternate approaches, or other activities that would reduce or eliminate take, or advance migratory bird conservation consistent with the objectives of Executive Order 13186.

   6. Inform OPP of any new FWS regulation or policy associated with take of migratory birds.  This includes providing training on such regulations or policies, when practicable.

   A. Dispute Resolution

Prevention of potential conflicts or resolutions of actual disagreements between the
Parties will be attempted first at staff levels and elevated through the respective organizational levels if necessary.  Conflict prevention or traditional Alternative Dispute Resolution (ADR) processes will be used to strive to achieve consensus.

Collaborative processes, including informal meetings or negotiations, will be used to avoid or minimize a dispute.  If the dispute already has developed, more traditional processes may be appropriate, such as mediation or a negotiation assisted by a neutral third party.  Notification of potential conflict or a dispute by either Party should be put in writing and attempts to resolve the matter at the Field level should occur within 30 days after receipt of written notice.  If there is no resolution at this level within 30 days, FWS may elevate the issue to the appropriate officials at Regional offices.  Note, EPA Regional offices are not involved in pesticide licensing. In the event that there is no resolution at that level within 30 days, the dispute may be elevated by FWS to the Washington, D.C. office.

   B.    Agreement

1. This MOU itself does not alter, expand, or substitute for provisions of existing laws or regulations, nor is it a regulation itself.  It does not impose legally-binding requirements on the participating agencies, States, Tribes, local governments or the regulated community.  This MOU is intended to provide internal procedural guidance to Federal agency staff to assist them in carrying out their activities.

2. Either party may terminate this MOU, in whole or in part, at any time before the date of expiration by providing the other party with a written statement within 30 days to that effect.  Changes within the scope of this MOU are to be made by the issuance of a bilaterally executed modification, made in writing.

3. This MOU in no way restricts either party from participating in similar activities with other public or private agencies, governments, organizations, or individuals.

4. This MOU in no way alters any applicable requirements on either party to conduct or review environmental analyses, including those relating to National Environmental Policy Act requirements, where appropriate.

5. This MOU is neither a fiscal nor a funds obligation document.  Any endeavor involving reimbursement, contribution of funds, or transfer of anything of value between the Parties will be handled in accordance with applicable laws, regulations, and procedures, including those for government procurement and printing.  Such endeavors will be outlined in separate agreements that shall be made in writing by representatives of the Parties and shall be independently authorized by appropriate statutory authority.  This MOU does not provide such authority.  Specifically, this MOU does not establish authority for noncompetitive award of any contract or other agreement.  Any contract or agreement for training or other service must fully comply with all applicable requirements for competition.

6. Any press releases developed and intended to be issued for the express purpose of highlighting this MOU or the relationship established between the Parties as a result of this MOU are subject to prior approval of both Parties.

7.  OPP and FWS plan to schedule meetings periodically to review implementation of the MOU and evaluate its effectiveness, as well as identifying opportunities for promoting conservation of migratory bird populations.

8. This MOU does not require changes to current contracts, permits, or other third agency agreements.

9. This MOU is intended only to improve the internal management of the executive branch and does not create any right or benefit, substantive or procedural, separately enforceable at law or equity by any party against the United States, its agencies or instrumentalities, its officers or employees, or any other person.

10. This MOU will not be construed as an admission of liability.

   C.    Definitions

Action  -  a program, activity, project, official policy, rule, regulation or formal plan directly carried out by a Federal agency.

Birds of Conservation Concern  -  A list of priority species published and periodically updated by the FWS Division of Migratory Bird Management.  The overall goal of this list is to identify the migratory and non-migratory bird species that, in addition to species already listed under the ESA, represent the FWS's highest conservation priorities.  The most current version of the list, Birds of Conservation Concern 2008, is available at http://www.fws.gov/migratorybirds.

Conservation measures - measures to avoid impacts, or where avoidance is not practicable, minimize impacts, reduce or eliminate the impact over time, or compensate for impacts to the extent feasible and within the Parties capabilities and authorities.

Migratory bird  -  an individual of any species protected by the MBTA; a list of protected migratory bird species can be found in 50 CFR § 10.13.

Pests  -   Section 25 c (1) of FIFRA authorizes the Administrator, after notice and opportunity for hearing, "to declare a pest any form of plant or animal life (other than man and other than bacteria, virus, and other micro-organisms on or in living man or other living animals) which is injurious to health or the environment. Accordingly, EPA regulations at 40 CFR § 152.5 provide that:

      an organism is declared to be a pest under circumstances that make it deleterious to man or the environment, if it is: (a) Any vertebrate animal other than man; (b) Any invertebrate animal, including but not limited to, any insect, other arthropod, nematode, or mollusk such as a slug and snail, but excluding any internal parasite of living man or other living animals; (c) Any plant growing where not wanted, including any moss, alga, liverwort, or other plant of any higher order, and any plant part such as a root; or (d) Any fungus, bacterium, virus, or other microorganism, except  for those on or in living man or other living  animals and those on or in processed food or processed animal feed, beverages, drugs (as defined in FFDCA §§ 201 (g)(1) and cosmetics (as defined in FFDCA §§ 201(i)).

Pesticide - Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest.  Though often misunderstood to refer only to insecticides, the term pesticide also applies to herbicides, fungicides, and various other substances used to control pests.  Under United States law, a pesticide is also any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.

Species of concern  -  refers to several categories of birds including:  1) species listed in the periodic report, Birds of Conservation Concern (see above); 2) priority bird species documented in the comprehensive bird conservation plans (North American Waterbird Conservation Plan, United States Shorebird Conservation Plan, Partners in Flight Bird Conservation Plans); 3) species or populations of waterfowl identified as high, or moderately high, continental priority in the North American Waterfowl Management Plan; 4) listed threatened and endangered bird species in 50 CFR § 17.11.

Stressor  -  any chemical or non-chemical alteration or addition to the environment that when introduced to a resource contributes to a threat to bird populations or individuals.

Take  -  to pursue, hunt, shoot, wound, kill, trap, capture or collect or attempt to pursue, hunt,  wound, kill, trap, capture or collect (50 CFR § 10.12).  The Executive Order further defines "take" to include intentional take, meaning take that is the purpose of the activity in question, and unintentional take, meaning take that results from, but is not the purpose of, the activity in question. The regulations implementing the Eagle Act define take to mean pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, destroy, molest, or disturb bald and golden eagles (50 CFR § 22.3).  The regulation defines `disturb" to mean to agitate or bother to a degree that causes injury, decrease in productivity, or nest abandonment.

The principal contacts for this MOU are as follows:

Steven Bradbury, Director				Brad Bortner, Chief
Office of Pesticide Programs				Division of Migratory Bird Management
U.S. Environmental Protection Agency		U.S. Fish and Wildlife Service

This MOU is executed as of the last date signed below and expires no later than five (5) years thereafter, at which time it is subject to review and renewal, or expiration.

The Parties hereto have executed this MOU as of the last date shown below.

      Steven Bradbury, Director	 			Dan Ashe, Director			Office of Pesticide Programs				U.S. Fish and Wildlife Service
      U.S. Environmental Protection Agency		Department of Interior
      1200 Pennsylvania Avenue, NW			1849 C Street, NW
      Washington, DC  20240   				Washington, DC  20004

      Date		     Date


[Federal Register Volume 85, Number 203 (Tuesday, October 20, 2020)]
[Notices]
[Pages 66675-66677]
[FR Doc No: 2020-23140]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90185; File No. SR-NYSEAMER-2020-75]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Change To Modify the
NYSE American Options Fee Schedule

October 14, 2020.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on October 8, 2020, NYSE American LLC (``NYSE American'' or
the ``Exchange'') 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 self-
regulatory organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to modify the NYSE American Options Fee
Schedule (``Fee Schedule'') to extend the waiver of certain Floor-based
fixed fees. The Exchange proposes to implement the fee change effective
October 8, 2020.\4\ The proposed change is available on the Exchange's
website at www.nyse.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.
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    \4\ The Exchange originally filed to amend the Fee Schedule on
September 24, 2020. (SR-NYSEAMER-2020-70) and withdrew such filing
on October 8, 2020.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

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

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

1. Purpose
    The purpose of this filing is to modify the Fee Schedule to extend
the waiver of certain Floor-based fixed fees for market participants
that have been unable to resume their Floor operations to a certain
capacity level, as discussed below. The Exchange proposes to implement
the fee change effective October 8, 2020.
    On March 18, 2020, the Exchange announced that it would temporarily
close the Trading Floor, effective Monday, March 23, 2020, as a
precautionary measure to prevent the potential spread of COVID-19.
Following the temporary closure of the Trading Floor, the Exchange
waived certain Floor-based fixed fees for April, May and June 2020.\5\
Although the Trading Floor partially reopened on May 26, 2020 and
Floor-based open outcry activity is supported, certain participants
have been unable to resume pre-Floor closure levels of operations. As a
result, the Exchange extended the fee waiver through July, August, and
September 2020, but only for Floor Broker firms that were unable to
operate at more than 50% of their March 2020 on-Floor staffing levels
and for Market Maker firms that have vacant or ``unmanned'' Podia for
the entire month due to COVID-19 related considerations (the
``Qualifying Firms'').\6\ Because the Trading Floor will continue to
operate with reduced capacity, the Exchange proposes to extend the fee
waiver for Qualifying Firms through the earlier of the first full month
of a full reopening of the Trading Floor facilities to Floor personnel
or December 2020.\7\ The Exchange also proposes to clarify that
Qualifying Firms would include firms that began Floor operations after
March 2020 that are unable to operate at more than 50% of their
Exchange-approved on-Floor staffing levels.\8\
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    \5\ See Securities Exchange Act Release Nos. 88595 (April 8,
2020), 85 FR 20737 (April 14, 2020) (SR-NYSEAMER-2020-25) (waiving
Floor-based fixed fees); 88840 (May 8, 2020), 85 FR 28992 (May 14,
2020) (SR-NYSEAMER-2020-37) (extending April 2020 fee changes
through May 2020); and 89049 (June 11, 2020), 85 FR 36649 (June 17,
2020) (SR-NYSEAMER-2020-44) (extending April and May fee changes
through June 2020). See also Fee Schedule, Section III. Monthly
Trading Permit, Rights, Floor Access and Premium Product Fees, and
IV. Monthly Floor Communication, Connectivity, Equipment and Booth
or Podia Fees.
    \6\ See Securities Exchange Act Release Nos. 89241 (July 7,
2020), 85 FR 42034 (July 13, 2020) (SR-NYSEAMER-2020-47); 89482
(August 5, 2020), 85 FR 48577 (August 11, 2020) (SR-NYSEAMER-2020-
55); 89692 (August 27, 2020), 85 FR 54611 (September 2, 2020) (SR-
NYSEAMER-2020-65). See also Fee Schedule, Section III., Monthly
Trading Permit, Rights, Floor Access and Premium Product Fees, and
IV. Monthly Floor Communication, Connectivity, Equipment and Booth
or Podia Fees.
    \7\ See proposed Fee Schedule, Section III., Monthly Trading
Permit, Rights, Floor Access and Premium Product Fees, and IV.
Monthly Floor Communication, Connectivity, Equipment and Booth or
Podia Fees.
    \8\ See id. The Exchange originally filed in September 2020 (see
supra note 4) to make explicit the treatment of firms that began
Floor operations after March 2020 and this change applies to firms
that joined the Exchange on September 1st or thereafter.
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    Specifically, as with the prior fee waivers, the proposed fee
waiver covers the following fixed fees for Qualifying

Firms, which relate directly to Floor operations, are charged only to
Floor participants and do not apply to participants that conduct
business off-Floor:
     Floor Access Fee;
     Floor Broker Handheld;
     Transport Charges;
     Floor Market Maker Podia;
     Booth Premises; and
     Wire Services.\9\
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    \9\ See id. (including the deletion of the now superfluous word
``only'' regarding the duration of the fee waiver). In addition,
consistent with the proposed changes to the preamble of Section IV
of the Fee Schedule to update the potential duration of the fee
waiver, which includes a delineation of each fee waived, the
Exchange proposes to delete (the now repetitive) references that
appear (again) next to each fee waived for Qualifying Firms as well
as to delete references to prior months (now concluded) during which
the fee waivers were in place. See proposed Fee Schedule, IV.
Monthly Floor Communication, Connectivity, Equipment and Booth or
Podia Fees.
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    The proposed fee change is designed to reduce monthly costs for all
Qualifying Firms whose operations continue to be disrupted even though
the Trading Floor has partially reopened. In reducing this monthly
financial burden, the proposed change would allow Qualifying Firms that
had Floor operations in March 2020 to reallocate funds to assist with
the cost of shifting and maintaining their prior fully-staffed on-Floor
operations to off-Floor and recoup losses as a result of the partial
reopening. Absent this change, all Qualifying Firms may experience an
unexpected increase in the cost of doing business on the Exchange.\10\
The Exchange believes that all Qualifying Firms would benefit from this
proposed fee change.
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    \10\ The Exchange will refund participants of the Floor Broker
Prepayment Program for any prepaid 2020 fees that are waived. See
proposed Fee Schedule, Section III.E.1 (providing that ``the
Exchange will refund certain of the prepaid Eligible Fixed costs
that were waived for Qualifying Firms, as defined, and set forth in,
Sections III.B and IV'').
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\11\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\12\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange operates in a highly competitive market. The
Commission has repeatedly expressed its preference for competition over
regulatory intervention in determining prices, products, and services
in the securities markets. In Regulation NMS, the Commission
highlighted the importance of market forces in determining prices and
SRO revenues and, also, recognized that current regulation of the
market system ``has been remarkably successful in promoting market
competition in its broader forms that are most important to investors
and listed companies.'' \13\
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    \13\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005) (S7-10-04) (``Reg NMS
Adopting Release'').
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    There are currently 16 registered options exchanges competing for
order flow. Based on publicly-available information, and excluding
index-based options, no single exchange has more than 16% of the market
share of executed volume of multiply-listed equity and ETF options
trades.\14\ Therefore, currently no exchange possesses significant
pricing power in the execution of multiply-listed equity & ETF options
order flow. More specifically, in August 2020, the Exchange had less
than 10% market share of executed volume of multiply-listed equity &
ETF options trades.\15\
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    \14\ The OCC publishes options and futures volume in a variety
of formats, including daily and monthly volume by exchange,
available here: https://www.theocc.com/market-data/volume/default.jsp.
    \15\ Based on OCC data, see id., the Exchange's market share in
equity-based options increased slightly from 7.73% for the month of
August 2019 to 8.18% for the month of August 2020.
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    This proposed fee change is reasonable, equitable, and not unfairly
discriminatory because it would reduce monthly costs for all Qualifying
Firms whose operations have been disrupted despite the fact that the
Trading Floor has partially reopened because of the social distancing
requirements and/or other health concerns related to resuming operation
on the Floor. In reducing this monthly financial burden, the proposed
change would allow Qualifying Firms that had Floor operations in March
2020 to reallocate funds to assist with the cost of shifting and
maintaining their prior fully-staffed on-Floor operations to off-Floor
and recoup losses as a result of the partial reopening of the Floor.
Absent this change, all Qualifying Firms may experience an unexpected
increase in the cost of doing business on the Exchange. The Exchange
believes that all Qualifying Firms would benefit from this proposed fee
change.
    The Exchange believes the proposed rule change is an equitable
allocation of its fees and credits as it merely continues the previous
fee waiver for Qualifying Firms, which affects fees charged only to
Floor participants and does not apply to participants that conduct
business off-Floor. The Exchange believes it is an equitable allocation
of fees and credits to extend the fee waiver for Qualifying Firms
because such firms have either no more than half of their Floor staff
(as measured by either the March 2020 or Exchange-approved) levels or
have vacant podia--and this reduction in staffing levels on the Floor
impacts the speed, volume and efficiency with which these firms can
operate, which is to their financial detriment.
    The Exchange believes that the proposal is not unfairly
discriminatory because the proposed continuation of the fee waiver
would affect all similarly-situated market participants on an equal and
non-discriminatory basis.
    The Exchange believes that it is reasonable to clarify that firms
that began Floor operations on the Exchange after March 2020 would be
included as ``Qualifying Firms'' if such firms are unable to operate at
more than 50% of their Exchange-approved on-Floor staffing levels as
such treatment places all firms on a level playing field and avoids
placing ``newer'' Qualifying Firms at a financial disadvantage. The
Exchange believes that this proposed change would add clarity and
transparency and reduce the potential for confusion in the Fee Schedule
as relates to the treatment new Floor participants.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.

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

    In accordance with Section 6(b)(8) of the Act, the Exchange does
not believe that the proposed rule change would impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. The Exchange believes that the proposed changes
would encourage the continued participation of Qualifying Firms,
thereby promoting market depth, price discovery and transparency and
would enhance order execution opportunities for all market
participants. As a result, the Exchange believes that the proposed
change furthers the Commission's goal in adopting Regulation NMS of
fostering integrated competition among orders, which promotes ``more
efficient pricing of individual stocks for all types of orders, large
and small.'' \16\
---------------------------------------------------------------------------

    \16\ See Reg NMS Adopting Release, supra note 13, at 37499.

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

    Intramarket Competition. The proposed change, which continues the
fee waiver for all Qualifying Firms, is designed to reduce monthly
costs for those Floor participants whose operations continue to be
impacted, even though the Trading Floor has partially reopened. In
reducing this monthly financial burden, the proposed change would allow
Qualifying Firms that had Floor operations in March 2020 to reallocate
funds to assist with the cost of shifting and maintaining their
previously on-Floor operations to off-Floor. Absent this change, all
Qualifying Firms may experience an unintended increase in the cost of
doing business on the Exchange, given that the Floor has only reopened
in a limited capacity. The Exchange believes that the proposed waiver
of fees for Qualifying Firms would not impose a disparate burden on
competition among market participants on the Exchange because off-Floor
market participants are not subject to these Floor-based fixed fees, In
addition, Floor-based firms that are not subject to the extent of
staffing shortfalls as are Qualifying Firms, i.e., such firms have more
than 50% of their March 2020--or Exchange-approved--staffing levels on
the Floor and/or have no vacant Podia during the month, do not face the
same operational disruption and potential financial impact during the
partial reopening of the Floor.
    Intermarket Competition. The Exchange operates in a highly
competitive market in which market participants can readily favor one
of the 16 competing option exchanges if they deem fee levels at a venue
to be excessive. In such an environment, the Exchange must continually
adjust its fees to remain competitive with other exchanges and to
attract order flow to the Exchange. Based on publicly-available
information, and excluding index-based options, no single exchange
currently has more than 16% of the market share of executed volume of
multiply-listed equity and ETF options trades.\17\ Therefore, currently
no exchange possesses significant pricing power in the execution of
multiply-listed equity & ETF options order flow. More specifically, in
August 2020, the Exchange had less than 10% market share of executed
volume of multiply-listed equity & ETF options trades.\18\
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    \17\ See supra note 14.
    \18\ Based on OCC data, supra note 15, the Exchange's market
share in equity-based options was 7.73% for the month of August 2019
and 8.18% for the month of August 2020.
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change reflects this
competitive environment because it waives fees for Qualifying Firms and
is designed to reduce monthly costs for Floor participants whose
operations continue to be disrupted even though the Trading Floor has
partially reopened. In reducing this monthly financial burden, the
proposed change would allow affected participants to reallocate funds
to assist with the cost of shifting and maintaining their prior fully-
staffed on-Floor operations to off-Floor. Absent this change,
Qualifying Firms may experience an unintended increase in the cost of
doing business on the Exchange, which would make the Exchange a less
competitive venue on which to trade as compared to other options
exchanges.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \19\ of the Act and subparagraph (f)(2) of Rule
19b-4 \20\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \21\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-NYSEAMER-2020-75 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEAMER-2020-75. 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEAMER-2020-75, and should be
submitted on or before November 10, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-23140 Filed 10-19-20; 8:45 am]
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[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Notices]
[Page 42491]
[FR Doc No: 2015-17602]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9021-9]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or http://www2.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EISs)
Filed 07/06/2015 Through 07/10/2015
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

EIS No. 20150189, Draft, NOAA, MA, Amendment 18 to the Northeast
Multispecies Fishery Management Plan, Comment Period Ends: 08/31/2015,
Contact: John K. Bullard<PHONE_NUMBER>.
EIS No. 20150190, Draft, USFS, CA, Trestle Forest Health Project,
Comment Period Ends: 08/31/2015, Contact: Jennifer Ebert<PHONE_NUMBER>.
EIS No. 20150191, Draft, USACE, TX, Surface Coal and Lignite Mining in
Texas, Comment Period Ends: 09/08/2015, Contact: Darvin Messer 817-886-
1744.
EIS No. 20150192, Final Supplement, USN, GU, Guam and Commonwealth of
the Northern Mariana Islands Military Relocation (2012 Roadmap
Adjustments), Review Period Ends: 08/17/2015, Contact: Joseph A.
Campbell CAPT USN<PHONE_NUMBER>.
EIS No. 20150193, Draft, BLM, UT, Beaver Dam Wash National Conservation
Area Red Cliffs National Conservation Area Draft Amendment to the St.
George Field Office Resource Management Plan, Comment Period Ends: 10/
15/2015, Contact: Keith Rigtrup<PHONE_NUMBER>.
EIS No. 20150194, Draft, WAPA, CA, San Luis Transmission Project,
Comment Period Ends: 08/31/2015, Contact: Donald Lash<PHONE_NUMBER>.
EIS No. 20150195, Final Supplement, TVA, TN, Integrated Resource Plan,
Review Period Ends: 08/17/2015, Contact: Charles P. Nicholson, 865-632-
3582.
EIS No. 20150196, Draft Supplement, BR, CA, Bay Delta Conservation
Plan/California Water Fix, Comment Period Ends: 08/31/2015, Contact:
Michelle Banonis<PHONE_NUMBER>.
EIS No. 20150197, Final, USFS, CA, Lake Tahoe Basin Management Unit
Land Management Plan, Review Period Ends: 08/17/2015, Contact: Denise
Downie<PHONE_NUMBER>.

Amended Notices

EIS No. 20150180, Final, USFS, AZ, Flagstaff Watershed Protection
Project, Review Period Ends: 08/10/2015, Contact: Erin Phelps 928-527-
8240 Revision to FR Notice Published 07/02/2015; Correction to Review
Period Ends 08/10/2015.
EIS No. 20150182, Final, VA, CA, San Francisco Veterans Affairs Medical
Center Long Range Development Plan, Review Period Ends: 08/10/2015,
Contact: Robin Flanagan<PHONE_NUMBER> Revision to FR Notice Published
07/10/2015; Correction to Review Period Ends: 08/10/2015.

    Dated: July 14, 2015.
Dawn Roberts,
Management Analyst, NEPA Compliance Division, Office of Federal
Activities.
[FR Doc. 2015-17602 Filed 7-16-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 171 (Tuesday, September 4, 2012)]
[Notices]
[Page 53961]
[FR Doc No: 2012-21616]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2012-0087]

Advisory Committee for Aviation Consumer Protection

AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).

ACTION: Notice of third meeting of advisory committee.

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SUMMARY: This notice announces the third meeting of the Advisory
Committee for Aviation Consumer Protection.

DATES: The third meeting of the advisory committee is scheduled for
October 2, 2012, from 9:00 a.m. to 5:00 p.m., Eastern Time.

ADDRESSES: The meeting will be held in the Oklahoma City Room (located
on the lobby level of the West Building with capacity for approximately
100 attendees) at the U.S. Department of Transportation, 1200 New
Jersey Avenue SE., Washington, DC. Attendance is open to the public up
to the room's capacity; however, since access to the U.S. DOT
headquarters building is controlled for security purposes, any member
of the general public who plans to attend this meeting must notify the
Department contact noted below at least five (5) calendar days prior to
the meeting.

FOR FURTHER INFORMATION CONTACT: To register to attend the meeting,
please contact Amanda Stokes, Associate Research Analyst, Centra
Technology, Inc<EMAIL_ADDRESS>703-894-6529. For other
information please contact Nicholas Lowry, Senior Attorney, Office of
the Assistant General Counsel for Aviation Enforcement and Proceedings,
<EMAIL_ADDRESS>U.S. Department of Transportation, 1200 New Jersey
Ave. SE., Washington, DC 20590;<PHONE_NUMBER> (phone),<PHONE_NUMBER>
(fax).

SUPPLEMENTARY INFORMATION: On May 24, 2012, the Secretary, as mandated
by Section 411 of the FAA Modernization and Reform Act of 2012 (Pub. L.
112-95, 126 Stat. 11 (2012)), established the Advisory Committee on
Aviation Consumer Protection and announced those persons appointed as
members. Two earlier meetings of the committee were held on June 28 and
August 7 of this year. The committee's charter, drafted in accordance
with the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C.
App. 2, sets forth policies for the operation of the advisory committee
and is available on the Department's Web site at http://www.dot.gov/affairs/2012/dot5912.html.
    The third meeting of the committee is scheduled for October 2,
2012, from 9:00 a.m. to 5:00 p.m. Eastern Time in the Oklahoma City
Room at the Department's headquarters, 1200 New Jersey Ave. SE.,
Washington, DC 20590. The agenda for that meeting will consist of a
discussion by committee members of recommendations for proposed
initiatives to be presented to the Secretary of Transportation. The
charter provides that the committee present its recommendations to the
Secretary by October 15, 2012, and every effort will be made to submit
the Committee's recommendations by that date.
    As announced in the notices of previous meetings of the committee,
the meeting will be open to the public, and, time permitting, comments
by members of the public are invited. Since access to the U.S. DOT
headquarters building is controlled for security purposes, we ask that
any member of the general public who plans to attend the third meeting
notify the Department contact noted above no later than five (5)
calendar days prior to the meeting. Attendance will be necessarily
limited by the size of the meeting room.
    Members of the public may present written comments at any time. The
docket number referenced above (OST-2012-0087, available at https://www.regulations.gov) has been established for committee documents
including any written comments that may be filed. At the discretion of
the Chairperson and time permitting, after completion of the planned
agenda, individual members of the public may provide oral comments. Any
oral comments presented must be limited to the objectives of the
committee and will be limited to five (5) minutes per person.
Individual members of the public who wish to present oral comments must
notify the Department contact noted above via email that they wish to
attend and present oral comments at least five (5) calendar days prior
to the meeting. This meeting, however, will be primarily devoted to
discussion among committee members of possible initial recommendations
to the Secretary which are due on October 15, 2012. In light of this
agenda and the time constraints imposed by the committee's charter, we
anticipate that the time available for oral presentations and comments
by the general public will be significantly more limited than in prior
meetings.
    Persons with a disability who plan to attend the meeting and
require special accommodations, such as an interpreter for the hearing
impaired, should notify the Department contact noted above at least
seven (7) calendar days prior to the meeting. Persons attending with a
service animal should also advise us of that fact so that it can be
taken into account in connection with space and possible allergy
issues.
    Notice of this meeting is being provided in accordance with the
FACA and the General Services Administration regulations covering
management of Federal advisory committees. (41 CFR part 102-3.)

    Issued in Washington, DC, on August 28, 2012.
Samuel Podberesky,
Assistant General Counsel for Aviation Enforcement & Proceedings, U.S.
Department of Transportation.
[FR Doc. 2012-21616 Filed 8-31-12; 8:45 am]
BILLING CODE 4910-9X-P