[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Rules and Regulations]
[Pages 65537-65541]
[FR Doc No: 2018-27610]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-RO5-OAR-2018-0302; EPA-R05-OAR-2018-0303; EPA-RO5-OAR-2018-0589;
FRL-9988-04-Region 5]

Air Plan Approval; Illinois; NAAQS and VOC Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving revised
rules submitted by the State of Illinois as State Implementation Plan
(SIP) revisions. The submitted rules update Illinois definitions and
requirements for handling monitoring data influenced by exceptional
events, update implementation rules for the 2012 primary annual
National Ambient Air Quality Standard (NAAQS) for fine particulate
matter (PM2.5), and update designated reference and
equivalent methods for multiple NAAQS. In addition, the submitted rules
amend the Illinois Administrative Code (IAC) by updating the definition
of volatile organic compounds (VOC).

DATES: This direct final rule will be effective February 19, 2019,
unless EPA receives adverse comments by January 22, 2019. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-RO5-
OAR-2018-0302, EPA-RO5-OAR-2018-0303, or EPA-RO5-OAR-2018-0589 at
http://www.regulations.gov, or via email to<EMAIL_ADDRESS>
For comments submitted at Regulations.gov, follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. For either manner of
submission, EPA may publish any comment received to its public docket.
Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the For Further Information Contact section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Samantha Panock, Physical Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. Background
II. What are the State rule revisions?
III. Did the State hold public hearings for these submittals?
IV. What is EPA's analysis of the State's submittals?
V. What action is EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. Background

    Section 109 of the Clean Air Act (CAA) requires EPA to establish
national primary (protective of human health) and secondary (protective
of human welfare) air quality standards for pollutants for which air
quality criteria have been issued under section 108 of the CAA (the
criteria pollutants \1\). Individually and collectively these standards
are referred to as NAAQS. Section 109(d)(1) of the CAA requires EPA to
review, and if necessary, based on accumulated health and welfare data,
to revise each NAAQS every five years. If a NAAQS is revised, states
whose rules include state air quality standards may revise their rules
to address the revised NAAQS and associated monitoring requirements,
and submit them to EPA as SIP revision requests. See, e.g., 415 ILCS 5/
10(H). Moreover, section 10(H) of the ILCS requires that Illinois adopt
ambient air quality standards that are identical-in-substance to the
Federal NAAQS using identical-in-substance rulemaking procedure (415
ILCS 5/10(H)(2016).
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    \1\ The criteria pollutants are ozone (O3), nitrogen
oxides (represented by nitrogen dioxide (NO2)), sulfur
oxides (represented by sulfur dioxide (SO2)), carbon
monoxide (CO), particulate matter (represented by total suspended
particulates (TSP), particulates (PM10), and fine
particulates (PM2.5)), and lead (Pb). Note that Illinois
also has air quality standard and monitoring rules for ``coarse
particulate matter'' (PM2.5-10), although this is not a
criteria pollutant and is generally considered to be included in
PM10.
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    The Illinois Environmental Protection Agency (IEPA) submitted
revisions on ambient air quality standards in the Illinois SIP to EPA
for approval on April 2, 2018 and July 26, 2018. Specifically, these
SIP revisions update: (1) Illinois ambient air quality definitions and
requirements for handling monitoring data influenced by exceptional
events, (2) implementation rules for the 2012 primary annual
PM2.5 NAAQS, and (3) designated reference and equivalent
methods for multiple NAAQS. These updates correspond to EPA's
rulemakings related to NAAQS that occurred between July 1, 2016 and
December 31, 2017.
    IEPA also submitted a revision to the definitions for VOC in the
Illinois SIP to EPA for approval on April 2, 2018. The change included
the addition of 1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane to
the list of chemical species excluded from the Federal definition of
VOC. This update corresponds to EPA's rulemaking related to VOC
regulations adopted August 1, 2016.

II. What are the State rule revisions?

35 IAC 243.101 Definitions

    Illinois amended 35 IAC 243.101 to add and revise definitions
regarding the exceptional events rule. These definitions were adopted
by EPA in ``Treatment of Data Influenced by Exceptional Events'' (81 FR
68216, October 3, 2016).

35 IAC 243.105 Air Quality Monitoring Data Influenced by Exceptional
Events

    Illinois amended 35 IAC 243.105 to update procedural requirements,
requirements for air agency demonstrations, criteria for EPA's approval
of the exclusion of event influenced air quality data, and requirements
for air agencies to take appropriate and reasonable actions to protect
public health from exceedances or violations of the NAAQS.

Additionally, Illinois repealed Section 243.TABLE A ``Schedule for
Submission for Data Influenced by Exceptional Events for Use in Initial
Area Designations.''
    EPA revised the requirements for handling monitoring data
influenced by exceptional events (81 FR 68216, October 3, 2016). EPA
recognizes that basing regulatory determinations on data influenced by
exceptional events may not be appropriate in some instances. The rules
provide a procedure for exclusion of data influenced by exceptional
events from regulatory decision-making. An exceptional event has a
clear relationship with violation of NAAQS, is not reasonably
controlled or preventable, unlikely to reoccur at a particular
location, and has been declared such by EPA. The revisions require
written mitigation plans for areas that have ``historically
documented'' or ``known seasonal'' exceptional events. Several
revisions relate to wildfires and controlled burns as exceptional
events.

35 IAC 243.108 Incorporations by Reference

    Illinois revised this section to incorporate by reference EPA's
updated ``List of Designated Reference and Equivalent Methods'' from
January 1, 2016, to December 31, 2017. EPA issued updated versions of
the ``List of Designated Reference and Equivalent Methods'' that
included new Federal Equivalent Methods (FEMs) and Federal Reference
Methods (FRMs) for monitoring of Carbon Monoxide (CO), oxides of
nitrogen (NOX), and PM2.5. See 82 FR 14325 (March
20, 2017), 82 FR 21995 (May 11, 2017) 82 FR 44612 (September 25, 2017),
82 FR 45842 (October 2, 2017). The list with all approved FEMs and FRMs
is located at: https://www3.epa.gov/ttn/amtic/criteria.html.
    Illinois also added a statement to 35 IAC 243.108 that the
incorporation by reference of EPA's promulgated monitoring methods
``includes the following USEPA methods designations that occurred after
December 16, 2017.''
    Additionally, Illinois updated 35 IAC 243.108 to incorporate by
reference the 2017 versions of appendices A-1, A-2, B, C, D, F, G, H,
I, J, K, L, N, O, P, Q, R, S, T and U of 40 CFR part 50. These
appendices contain the reference monitoring methods for and the
``interpretation'' of (i.e., data handling conventions and
computations) the ambient standards for the criteria air pollutants.
    EPA made one change in the 2017 versions of these appendices
relative to the 2016 versions. EPA revised the appendix N
``Interpretation of the Primary and Secondary National Ambient Air
Quality Standards for Particulate Matter.'' These revisions address a
number of important attainment planning issues including the process
for determining control strategies, including Reasonably Available
Control Measures/Reasonably Available Control Technology (RACM/RACT)
for Moderate areas; and Best Available Control Measures/Best Available
Control Technology (BACM/BACT) and Most Stringent Measures (MSM) for
Serious areas; guidelines for attainment demonstrations for areas that
can attain by the statutory attainment date, and ``impracticability''
demonstrations for areas that cannot practicably attain by the
statutory attainment date; contingency measures for areas that fail to
meet RFP or fail to attain the NAAQS by the attainment date; and
codification of the clean data policy for PM2.5 NAAQS
nonattainment areas. These implementation rules also clarify the
specific attainment planning requirements that apply to
PM2.5 NAAQS nonattainment areas based on their
classification (either Moderate or Serious), and the process for
reclassifying Moderate areas to Serious. In addition, the updated
implementation rules revoke older 1997 annual NAAQS for
PM2.5, which will no longer apply in areas designated as
attainment for that standard. For areas that EPA designated as
nonattainment for the 1997 standard, the 1997 primary annual NAAQS for
PM2.5 will continue to apply until the effective date of an
EPA designation of attainment for the area.
    Illinois' rule revisions incorporate by reference these amended CFR
appendices.

35 IAC 243.120 PM10 and PM2.5

    Illinois amended 35 IAC 243.120 to include the revocation language
for 1997 PM2.5 NAAQS. As stated above, the 1997
PM2.5 NAAQS standard no longer applies to any area that is
in attainment of the 1997 PM2.5 standard 82 FR 14325 (August
24, 2016). In Illinois all areas are designated attainment or
attainment/unclassifiable for the 1997 PM2.5 NAAQS except
the Metro East St. Louis nonattainment area. These area are Madison,
Monroe, and St. Clair Counties and the Baldwin Village area of Randolph
County (40 CFR 81.214, 2016).

35 IAC 211.7150 Volatile Organic Material (VOM) or Volatile Organic
Compound (VOC)

    Illinois amended 35 IAC 211.7150 to incorporate a change to the
list of chemical species excluded from the Federal definition of VOC
(81 FR 50330, August 1, 2016). The change included the addition of
1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane to the list of
chemical species excluded from the Federal definition of VOC.
    In 2007, EPA received a petition requesting that 1,1,2,2-
Tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane be exempted from VOC
control based on its lower reactivity than ethane and that it is not
expected to contribute to the depletion of the stratospheric
O3 layer. On August 1, 2016 (81 FR 50330), EPA responded to
the petition by amending 40 CFR 51.100(s) to exclude this chemical
compound from the definition of VOC for purposes of preparing SIPs to
attain the ozone NAAQS under title I of the CAA (78 FR 9823). Based on
the mass maximum incremental reactivity value for the compound being
equal to or less than that of ethane, EPA concluded that this compound
makes negligible contributions to tropospheric ozone formation (81 FR
50330). EPA's action became effective August 1, 2016. IEPA's SIP
revision to the Illinois definition of VOM is consistent with EPA's
action amending the definition of VOC at 40 CFR 51.100(s).

III. Did the State hold public hearings for these submittals?

    Illinois held public hearings for the NAAQS updates on September
21, 2017 and April 12, 2018. The public hearing held on September 21,
2017 addressed NAAQS updates regarding updated definitions and
requirements for handling monitoring data influenced by exceptional
events, implementation rules for the 2012 primary annual NAAQS for
PM2.5, maintenance of primary and secondary NAAQS for lead
without revision, addition of EPA-promulgated monitoring methods for
multiple NAAQS, and an adoption of a correction to an equation used for
calculating PM2.5 compliance. One comment addressed concern
of error in placement of language in the implementation rule for the
2012 PM2.5 as stated in EPA regulations. EPA indicated that
the placement of language in the Federal regulations was not in error
and no further action was taken.
    The public hearing held on April 12, 2018 addressed the NAAQS
updates regarding the addition of EPA-promulgated monitoring methods
for multiple NAAQS and updated List of

Designated Reference and Equivalent Methods. No adverse comments were
received.
    Illinois held a public hearing for the VOM updates regarding the
request of 1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane being
exempted from VOC regulations on September 21, 2017. No adverse
comments were received.

IV. What is EPA's analysis of the State's submittals?

    EPA finds the state's requested SIP revisions to be approvable,
because the state's rule revisions make the state's air quality
standards and associated monitoring requirements identical-in-substance
to EPA's promulgated NAAQS and VOC updates.

V. What action is EPA taking?

    EPA is approving NAAQS updates into the Illinois SIP to 35 IAC
243.101, 35 IAC 234.105, 35 IAC 243.108, 35 IAC 243.120 35, and removal
of IAC 243.TABLE A contained in the April 2, 2018 submittal and the
July 26, 2018 submittal. EPA is approving VOC updates into the Illinois
SIP to 35 IAC 211.7150 contained in the April 2, 2018 submittal. EPA is
also removing an incorrect reference in 40 CFR 52.720(b)(3) on how
copies of materials incorporated by reference may be inspected.
    We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective February 19,
2019 without further notice unless we receive relevant adverse written
comments by January 22, 2019. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
If we do not receive any comments, this action will be effective
February 19, 2019.

VI. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Illinois
Regulations described in the amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue to make, these documents
generally available through www.regulations.gov and at the EPA Region 5
Office (please contact the person identified in the For Further
Information Contact section of this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion in
the State implementation plan, have been incorporated by reference by
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
EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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VII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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 2,
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 CAA; and
     Does not provide 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 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. 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 19, 2019. 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. Parties
with objections to this direct final rule are encouraged to file a
comment in response to the parallel notice of proposed rulemaking for
this action published in the proposed rules section of today's Federal
Register, rather than file an immediate petition for judicial review of
this direct final rule, so that EPA can withdraw this direct final rule
and address the comment in the proposed rulemaking. This action may not
be challenged later in proceedings to enforce its requirements. (See
section 307(b)(2) of the CAA.)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon Monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides, Volatile organic compounds.

    Dated: December 3, 2018.
Cathy Stepp,
Regional Administrator, Region 5.

    40 CFR part 52 is amended 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.

0
2. Section 52.720 is amended by:
0
a. Revising paragraph (b)(3);
0
b. Revising the table entries in paragraph (c) for 211.7150, 243.101,
243.105, 243.108, and 243.120; and
0
c. Removing the table entry in paragraph (c) for 243.TABLE A.
    The revisions read as follows:

Sec.  52.720  Identification of plan.

* * * * *
    (b) * * *
    (3) Copies of the materials incorporated by reference may be
inspected at the Environmental Protection Agency, Region 5, Air
Programs Branch, 77 West Jackson Boulevard, Chicago, IL 60604, or the
National Archives and Records Administration. For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to:
http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (c) * * *

                                 EPA-Approved Illinois Regulations and Statutes
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                                                         State
    Illinois citation           Title/subject       effective date      EPA approval date          Comments
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                                  Part 211: Definitions and General Provisions
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                                                  * * * * * * *
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                                             Subpart B: Definitions
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                                                  * * * * * * *
211.7150................  Volatile Organic              10/23/2017  12/21/2018, [Insert
                           Material (VOM) or                         Federal Register
                           Volatile Organic                          citation].
                           Compound (VOC).

                                                  * * * * * * *
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                                         Part 243: Air Quality Standards
----------------------------------------------------------------------------------------------------------------
                                          Subpart A: General Provisions
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243.101.................  Definitions.............      10/23/2017  12/21/2018, [Insert
                                                                     Federal Register
                                                                     citation].

                                                  * * * * * * *
243.105.................  Air Quality Monitoring        10/23/2017  12/21/2018, [Insert
                           Data Influenced by                        Federal Register
                           Exceptional Events.                       citation].

                                                  * * * * * * *
243.108.................  Incorporation by              05/29/2018  12/21/2018, [Insert
                           Reference.                                Federal Register
                                                                     citation].
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                                  Subpart B: Standards and Measurement Methods
----------------------------------------------------------------------------------------------------------------
243.120.................  PM10 and PM2.5..........      10/23/2017  12/21/2018, [Insert
                                                                     Federal Register
                                                                     citation].

                                                  * * * * * * *
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* * * * *
[FR Doc. 2018-27610 Filed 12-20-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: October 30, 2007 (Volume 72, Number 209)]
[Notices]
[Page 61378-61381]
[DOCID:fr30oc07-65]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0075]

Standard on the Control of Hazardous Energy (Lockout/Tagout);
Extension of the Office of Management and Budget's (OMB) Approval of
Information Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comment.

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SUMMARY: OSHA solicits public comment concerning its proposal to extend
OMB approval of the information collection requirements specified in
the Standard on the Control of Hazardous Energy (Lockout/Tagout) (29
CFR 1910.147).

DATES: Comments must be submitted (postmarked, sent, or received) by
December 31, 2007.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal

eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit three copies of your comments
and attachments to the OSHA Docket Office, Docket No. OSHA-2007-0075,
U.S. Department of Labor, Occupational Safety and Health
Administration, Room N-2625, 200 Constitution Avenue, NW., Washington,
DC 20210. Deliveries (hand, express mail, messenger, and courier
service) are accepted during the Department of Labor's and Docket
Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA
docket number for the ICR (OSHA-2007-0075). All comments, including any
personal information you provide, are placed in the public docket
without change, and may be made available online at http://www.regulations.gov.
 For further information on submitting comments see

the ``Public Participation'' heading in the section of this notice
titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at

the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov; index

however, some information (e.g., copyrighted material) is not publicly
available to read or download through the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue, NW., Washington, DC 20210; telephone (202)
693-2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the Act or for developing information
regarding the causes and prevention of occupational injuries,
illnesses, and accidents (29 U.S.C. 657). The OSH Act also requires
that OSHA obtain such information with minimum burden upon employers,
especially those operating small businesses, and to reduce to the
maximum extent feasible unnecessary duplication of efforts in obtaining
information (29 U.S.C. 657).
    The Standard specifies several paperwork requirements. The
following sections describe who uses the information collected under
each requirement, as well as how they use it. The purpose of these
requirements is to control the release of hazardous energy sources
while employees service, maintain, or repair machines or equipment when
activation, start up, or release of energy from an energy source is
possible; proper control of hazardous energy sources prevent death or
serious injury among these employees.
    Energy Control Procedure (paragraph (c)(4)(i)). With limited
exception, employers must document the procedures used to isolate from
its energy source and render inoperative, any machine or equipment
prior to servicing, maintenance, or repair by employees. These
procedures are necessary when activation, start up, or release of
stored energy from the energy source is possible, and such release
could cause injury to the employees.
    Paragraph (c)(4)(ii) states that the required documentation must
clearly and specifically outline the scope, purpose, authorization,
rules, and techniques employees are to use to control hazardous energy,
and the means to enforce compliance. The document must include at least
the following elements:
    (A) A specific statement regarding the use of the procedure;
    (B) Detailed procedural steps for shutting down, isolating,
blocking, and securing machines or equipment to control hazardous
energy, and for placing, removing, and transferring lockout or tagout
devices, including the responsibility for doing so; and,
    (C) Requirements for testing a machine or equipment to determine
and verify the effectiveness of lockout or tagout devices, as well as
other energy control measures.
    The employer uses the information in this document as the basis for
informing and training employees about the purpose and function of the
energy control procedures, and the safe application, use, and removal
of energy controls. In addition, this information enables employers to
effectively identify operations and processes in the workplace that
require energy control procedures.
    Periodic Inspection (paragraph (c)(6)(ii)). Under paragraph
(c)(6)(i), employers are to conduct inspections of energy control
procedures at least annually. An authorized employee (other than an
authorized employee using the energy control procedure that is the
subject of the inspection is to conduct the inspection and correct any
deviations or inadequacies identified. For procedures involving either
lockout or tagout, the inspection must include a review, between the
inspector and each authorized employee, of that employee's
responsibilities under the procedure; for procedures using tagout
systems, the review also involves affected employees, and includes an
assessment of the employees' knowledge of the training elements
required for these systems. Paragraph (c)(6)(ii) requires employers to
certify the inspection by documenting the date of the inspection, and
identifying the machine or equipment inspected and the employee who
performed the inspection.
    Training and Communication (paragraph (c)(7)(iv)). Paragraph
(c)(7)(i) specifies that employers must establish a training program
that enables employees to understand the purpose and function of the
energy control procedures, and provides them with the knowledge and
skills necessary for the safe application, use, and removal of energy
controls. According to paragraph (c)(7)(i), employers are to ensure
that: Authorized employees recognize the applicable hazardous energy
sources, the type and magnitude of the energy available in the
workplace, and the methods and means necessary for energy isolation and
control; affected employees obtain instruction on the

purpose and use of the energy control procedure; and other employees
who work, or may work, near operations using the energy control
procedure receive training about the procedure, as well as the
prohibition regarding attempts to restart or reactivate machines or
equipment having locks or tags to control energy release.
    Under paragraph (c)(7)(ii), when the employer uses a tagout system,
the training program must inform employees that: Tags are warning
labels affixed to energy isolating devices, and, therefore, they do not
provide the physical restraint on those devices that locks do;
employees are not to remove tags attached to an energy isolating
devices unless permitted to do so by the authorized employee
responsible for the tag, and they are never to bypass, ignore, or in
any manner defeat the tagout system; tags must be legible and
understandable by authorized and affected employees, as well as by
other employees who work, or may work, near operations using the energy
control procedure; the materials used for tags, including the means of
attaching them, must withstand the environmental conditions encountered
in the workplace; tags evoke a false sense of security, and employees
must understand that tags are only part of the overall energy control
program; and they must attach tags securely to energy isolating devices
to prevent removal of the tags during use.
    Paragraph (c)(7)(iii) states that employers must retrain authorized
and affected employees when a change occurs in: Their job assignments,
the machines, equipment, or processes such that a new hazard is
present; and the energy control procedures. Employers also must provide
retraining when they have reason to believe, or periodic inspection
required under paragraph (c)(6) indicates, that deviations and
inadequacies exist in an employee's knowledge or use of energy control
procedures. The retraining must reestablish employee proficiency and,
if necessary, introduce new or revised energy control procedures.
    Under paragraph (c)(7)(iv), employers are to certify that employees
completed the required training, and that this training is up-to-date.
The certification is to contain each employee's name and the training
date.
    Training employees to recognize hazardous energy sources and to
understand the purpose and function of the energy control procedures,
and providing them with the knowledge and skills necessary to implement
safe application, use, and removal of energy controls, enables them to
prevent serious accidents by using appropriate control procedures in a
safe manner to isolate these hazards. In addition, written
certification of the training assures the employer that employees
receive the training specified by the Standard.
    Disclosure of Inspection and Training Certification Records
(paragraphs (c)(6)(ii) and (c)(7)(iv)). The inspection records provide
employers with assurance that employees can safely and effectively
service, maintain, and repair machines and equipment covered by the
Standard. These records also provide the most efficient means for an
OSHA compliance officer to determine that an employer is complying with
the Standard, and that the machines and equipment are safe for
servicing, maintenance, and repair. The training records provide the
most efficient means for an OSHA compliance officer to determine
whether an employer has performed the required training.
    Notification of Employees (paragraph (c)(9)). This provision
requires the employer to notify affected employees prior to applying,
and after removing, a lockout or tagout device from a machine or
equipment. Such notification informs employees of the impending
interruption of the normal production operation, and serves as a
reminder of the restrictions imposed on them by the energy control
program. In addition, this requirement ensures that employees do not
attempt to reactivate a machine or piece of equipment after an
authorized employee isolates its energy source and renders it
inoperative. Notifying employees after removing an energy control
device alerts them that the machines and equipment are no longer safe
for servicing, maintenance, and repair.
    Off-site Personnel (Contractors, etc.) (paragraph (f)(2)(i)). When
the on-site employer uses an off-site employer (e.g., a contractor) to
perform the activities covered by the scope and application of the
Standard, the two employers must inform each other regarding their
respective lockout or tagout procedures. This provision ensures that
each employer knows about the unique energy control procedures used by
the other employer; this knowledge prevents any misunderstanding
regarding the implementation of lockout or tagout procedures, and the
use of lockout or tagout devices for a particular application.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend its approval of the information
collection requirements contained in the Standard on the Control of
Hazardous Energy (Lockout/Tagout) (29 CFR 1910.147). The Agency is
requesting a net decrease of 407,924 burden hours (from 3,421,527 to
3,013,603). The Agency will summarize the comments submitted in
response to this notice and will include this summary in the request to
OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Standard on the Control of Hazardous Energy (Lockout/
Tagout).
    OMB Number: 1218-0150.
    Affected Public: Business or other for-profit.
    Frequency of Recordkeeping: Initially; Annually; On occasion.
    Number of Respondents: 769,748.
    Total Responses: 83,380,843.
    Estimated Time per Response: Varies from 15 seconds (.004 hour) for
an employer or authorized employee to notify affected employees prior
to applying, and after removing, a lockout/tagout device from a machine
or equipment to 80 hours for certain employers to develop energy
control procedures.
    Total Burden Hours: 3,013,603.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on this Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal

eRulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2007-0075). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail

additional materials in reference to an electronic or facsimile
submission, you must submit them to the OSHA Docket Office (see the
section of this notice titled ADDRESSES). The additional materials must
clearly identify your electronic comments by your name, date, and the
docket number so the Agency can attach them to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER> (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://www.regulations.gov.
 Therefore, OSHA cautions commenters about

submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://www.regulations.gov
 index, some information (e.g., copyrighted

material) is not publicly available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office.
Information on using the http://www.regulations.gov Web site to submit

comments and access the docket is available at the Web site's ``User
Tips'' link. Contact the OSHA Docket Office for information about
materials not available through the Web site, and for assistance in
using the Internet to locate docket submissions.

V. Authority and Signature

    Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice. The
authority for this notice is the Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 5-2007 (72 FR
31159).

    Signed at Washington, DC, on October 24, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E7-21288 Filed 10-29-07; 8:45 am]

BILLING CODE 4510-26-P


[Federal Register: December 27, 2006 (Volume 71, Number 248)]
[Notices]
[Page 77747-77748]
[DOCID:fr27de06-54]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0992; FRL-8108-6]

Pesticide Products; Registration Applications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces receipt of applications to register
pesticide products containing new active ingredients not included in
any previously registered products pursuant to the provisions of
section 3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA), as amended.

DATES: Comments must be received on or before January 26, 2007.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0992, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov:

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0992. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the OPP

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. The hours of operation
of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The Docket telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Hope Johnson, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

     1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
     ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a

Code of Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Registration Applications

    EPA received applications as follows to register pesticide products
containing active ingredients not included in any previously registered
products pursuant to the provision of section 3(c)(4) of FIFRA. Notice
of receipt of these applications does not imply a decision by the
Agency on the applications.
    File Symbol: 62719-LAE. Applicant: Dow Agrosciences, LLC., 9330
Zionsville Road, Indianapolis, IN 46268-1054. Product name: GF-1727.
Herbicide. Active ingredient: florasulam: N-(2,6-difluorophenyl)-8-
fluoro-5-methoxy (1,2,4)triazolo(1,5-c)pyrimidine-2-sulfonamide at
0.39%; and MCPA: 2-methyl-4-chlorophenoxyacetic acid, 2-ethylhexyl
ester at 42.25%. Proposal classification/Use: Wheat (including durum),
barley, oats, rye, and triticale. (Hope Johnson).
    File Symbol: 62719-LAG. Applicant: Dow Agrosciences, LLC., 9330
Zionsville Road, Indianapolis, IN 46268-1054. Product name: GF-184.
Herbicide. Active ingredient: florasulam: N-(2,6-difluorophenyl)-8-
fluoro-5-methoxy (1,2,4)triazolo(1,5-c)pyrimidine-2-sulfonamide at
0.25%; and fluroxypyr 1-methylheptyl ester: ((4-amino-3,5-dichloro-6-
fluoro-2-pyridinyl)oxy) acetic acid, 1-methylheptyl ester at 14.53%.
Proposal classification/Use: Wheat (including durum), barley, oats,
rye, and triticale. (Hope Johnson).
    File Symbol: 62719-LAN. Applicant: Dow Agrosciences, LLC., 9330
Zionsville Road, Indianapolis, IN 46268-1054. Product name: EF-1343.
Herbicide Active ingredient: florasulam: N-(2,6-difluorophenyl)-8-
fluoro-5-methoxy (1,2,4)triazolo(1,5-c)pyrimidine-2-sulfonamide at
4.84%. Proposal classification/Use: Wheat (including durum), barley,
oats, rye, and triticale. (Hope Johnson).
    File Symbol: 62719-LAR. Applicant: Dow Agrosciences, LLC., 9330
Zionsville Road, Indianapolis, IN 46268-1054. Product name: EF-1440.
Herbicide Active ingredient: florasulam: N-(2,6-difluorophenyl)-8-
fluoro-5-methoxy (1,2,4)triazolo(1,5-c)pyrimidine-2-sulfonamide at 45%.
Proposal classification/Use: Manufacturing use only. (Hope Johnson).
    File Symbol: 62719-LLI. Applicant: Dow Agrosciences, LLC., 9330
Zionsville Road, Indianapolis, IN 46268-1054. Product name: EF-1383.
Herbicide Active ingredient: florasulam: N-(2,6-difluorophenyl)-8-
fluoro-5-methoxy (1,2,4)triazolo(1,5-c)pyrimidine-2-sulfonamide at
0.58%, and 2,4-dichlorophenoxyacetic acid, 2-ethylhexyl ester at
42.33%. Proposal classification/Use: Wheat (including durum), barley,
rye, and triticale. (Hope Johnson).
    File Symbol: 62719-LLO. Applicant: Dow Agrosciences, LLC., 9330
Zionsville Road, Indianapolis, IN 46268-1054. Product name: Florasulam
Wet Cake Technical. Herbicide. Active ingredient: florasulam: N-(2,6-
difluorophenyl)-8-fluoro-5-methoxy (1,2,4)triazolo(1,5-c)pyrimidine-2-
sulfonamide at 99.2%. Proposal classification/Use: Manufacturing use
only. (Hope Johnson).

List of Subjects

    Environmental protection, Pesticides and pest.

    Dated: December 19, 2006.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E6-22121 Filed 12-26-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 88, Number 52 (Friday, March 17, 2023)]
[Notices]
[Page 16516]
[FR Doc No: 2023-05414]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Notice for Waiver of Aeronautical Land Use Assurance
Durango-La Plata County Airport, Durango, Colorado

AGENCY: Federal Aviation Administration, (FAA), DOT.

ACTION: Notice of request to waive aeronautical land use assurance.

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

SUMMARY: The FAA proposes to rule and invite public comment on a
proposal from the Durango-La Plata County Airport, Aviation Director to
change a portion of the airport from aeronautical use to non-
aeronautical use at Durango-La Plata County Airport, Durango, Colorado.
The proposal involves a parcel of airport property on the Southeast
side of the airfield.

DATES: Comments are due within 30 days of the date of the publication
of this notice in the Federal Register. Emailed comments can be
provided to Mr. John Sweeney, Lead Planner, Denver Airports District
Office, [email protected],<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Mr. Tony Vicari, Aviation Director,
Durango-La Plata County Airport, 1000 Airport Road, Durango, CO 81303,
[email protected],<PHONE_NUMBER>; or John Sweeney, Lead
Planner, Denver Airports District Office, 26805 E 68th Ave., Suite 224,
Denver, CO 80249, [email protected],<PHONE_NUMBER>. Documents
reflecting this FAA action may be reviewed at the above locations.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to change a portion of the airport from aeronautical use to
non-aeronautical use under the provisions of title 49, U.S.C. 47153(c),
and 47107(h)(2). The proposal consists of 25.29 acres located South of
County Road 309A. The land is currently identified as non-aeronautical
use on the Airport Layout Plan (ALP), although no formal release from
aeronautical obligations was previously granted. This section of Parcel
Q is separated from the majority of airport property by County Road
309A. The FAA concurs that the parcel is no longer needed for airport
purposes. The proposed use of this property is compatible with existing
airport operations in accordance with FAA's Policy and Procedures
Concerning the Use of Airport Revenue, as published in the Federal
Register on February 16, 1999.

    Issued in Denver, Colorado, on March 13, 2023.
John P. Bauer,
Manager, Denver Airports District Office.
[FR Doc. 2023-05414 Filed 3-16-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 70 (Tuesday, April 12, 2011)]
[Notices]
[Pages 20420-20422]
[FR Doc No: 2011-8627]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64210; File No. SR-NASDAQ-2011-046]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Rebates and Fees in Penny Pilot and Non-Penny Pilot Options

April 6, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 31, 2011, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to modify Rule 7050 governing pricing for
NASDAQ members using the NASDAQ Options Market (``NOM''), NASDAQ's
facility for executing and routing standardized equity and index
options. Specifically, NOM proposes to: (i) Modify pricing for the
Penny Pilot \3\ Options with respect to the Customer Rebate to Add
Liquidity; \4\ and (ii) modify pricing for both Penny Pilot Options and
All Other Options with respect to the Fees for Removing Liquidity.\5\
---------------------------------------------------------------------------

    \3\ The Penny Pilot was established in March 2008 and in October
2009 was expanded and extended through December 31, 2010. See
Securities Exchange Act Release Nos. 57579 (March 28, 2008), 73 FR
18587 (April 4, 2008) (SR-NASDAQ-2008-026)(notice of filing and
immediate effectiveness establishing Penny Pilot); 60874 (October
23, 2009), 74 FR 56682 (November 2, 2009) (SR-NASDAQ-2009-091)
(notice of filing and immediate effectiveness expanding and
extending Penny Pilot); 60965 (November 9, 2009), 74 FR 59292
(November 17, 2009) (SR-NASDAQ-2009-097) (notice of filing and
immediate effectiveness adding seventy-five classes to Penny Pilot);
61455 (February 1, 2010), 75 FR 6239 (February 8, 2010) (SR-NASDAQ-
2010-013)(notice of filing and immediate effectiveness adding
seventy-five classes to Penny Pilot); and 62029 (May 4, 2010), 75 FR
25895 (May 10, 2010) (SR-NASDAQ-2010-053)(notice of filing and
immediate effectiveness adding seventy-five classes to Penny Pilot).
See also Exchange Rule Chapter VI, Section 5.
    \4\ An order that adds liquidity is one that is entered into NOM
and rests on the NOM book.
    \5\ An order that removes liquidity is one that is entered into
NOM and that executes against an order resting on the NOM book.
---------------------------------------------------------------------------

    While changes pursuant to this proposal are effective upon filing,
the Exchange has designated these changes to be operative for
transactions on April 1, 2011.
    The text of the proposed rule change is set forth below. Proposed
new text is in italics and deleted text is in brackets.
* * * * *

7050. NASDAQ Options Market

    The following charges shall apply to the use of the order execution
and routing services of the NASDAQ Options Market for all securities.
    (1) Fees for Execution of Contracts on the NASDAQ Options Market

                                                Fees and Rebates
                                             [Per executed contract]
----------------------------------------------------------------------------------------------------------------
                                                                                Non-NOM market    NOM market
                                                     Customer          Firm            maker           maker
----------------------------------------------------------------------------------------------------------------
Penny Pilot Options:
    Rebate to Add Liquidity.....................        $0.3[2]6           $0.10           $0.25           $0.30
    Fee for Removing Liquidity..................         0.4[3]5            0.45            0.45            0.45
NDX and MNX:
    Rebate to Add Liquidity.....................            0.10            0.10            0.10            0.20
    Fee for Removing Liquidity..................            0.50            0.50            0.50            0.40
All Other Options:
    Fee for Adding Liquidity....................            0.00            0.45            0.45            0.30
    Fee for Removing Liquidity..................         0.4[3]5            0.45            0.45            0.45
    Rebate to Add Liquidity.....................            0.20            0.00            0.00            0.00
----------------------------------------------------------------------------------------------------------------

    (2) No Change
    (3) No Change
    (4) No Change
* * * * *
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaq.cchwallstreet.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    NASDAQ is proposing to modify Rule 7050 governing the rebates and
fees assessed for options orders entered into NOM. Specifically, NASDAQ
is proposing to modify pricing for the Penny Pilot Options with respect
to the Customer Rebate to Add Liquidity and also modify both Penny
Pilot Options and All Other Options with respect to the Customer Fees
for Removing Liquidity.
Customer Rebate To Add Liquidity
    The Exchange currently pays a Rebate to Add Liquidity of $0.32 per
executed contract to members providing liquidity through NOM in options
included in the Penny Pilot and in the clearing capacity of
``Customer.'' The Exchange proposes to amend this rebate so that a
Customer would receive a Rebate to Add Liquidity of $0.36 per
contract.\6\ The Exchange believes that this increase in the Rebate to
Add Liquidity would serve to incentivize Customers to add greater
liquidity to the options listed for trading on NOM.
---------------------------------------------------------------------------

    \6\ A Firm would continue to receive $0.10 per contract, a Non-
NOM Market Maker would continue to receive $0.25 per contract and a
NOM Market Makers would continue to receive $0.30 per contract to
add liquidity.
---------------------------------------------------------------------------

Customer Fees for Removing Liquidity
    The Exchange assesses a Fee for Removing Liquidity of $0.43 per
executed contract to members removing liquidity through NOM in options
included both the Penny Pilot and All Other Options and in the clearing
capacity of ``Customer.'' The Exchange proposes to amend these fees so
that a Customer would pay a Fee to Remove Liquidity of $0.45 per
contract.\7\ The Exchange is proposing to uniformly assess all market
participants the same fee to remove liquidity.
---------------------------------------------------------------------------

    \7\ A Firm, Non-NOM Market Makers and NOM Market Makers would
continue to be assessed $0.45 per contract for removing liquidity.
---------------------------------------------------------------------------

    While changes pursuant to this proposal are effective upon filing,
the Exchange has designated these changes to be operative for
transactions on April 1, 2011.
2. Statutory Basis
    NASDAQ believes that the proposed rule changes are consistent with
the provisions of Section 6 of the Act,\8\ in general, and with Section
6(b)(4) of the Act,\9\ in particular, in that it provides for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using any facility or system
which NASDAQ operates or controls.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the proposed increase in the Customer
Rebate to Add Liquidity in the Penny Pilot Options is both equitable
and reasonable because the Exchange is seeking to provide the
appropriate incentives to broker-dealers acting as agent for Customer
orders to select the Exchange as a venue to post Customer orders. The
Exchange believes that the proposed increase in the rebate is also
reasonable because the rebate is consistent with other rebates being
paid at the BATS Exchange, Inc. (``BATS'') for orders that add
liquidity to the BATS Options book.\10\
---------------------------------------------------------------------------

    \10\ See BATS' BZX Exchange Fee Schedule.
---------------------------------------------------------------------------

    The Exchange believes that the proposed increase in the Fee to
Remove Liquidity for Customers in both the Penny Pilot Options and All
Other Options is both reasonable and equitable because the Exchange
would uniformly assess a $0.45 per contract Fee to Remove Liquidity on
all market participants.
    The Exchange believes its proposal to increase the Fee for Adding
Liquidity for Customers in both the Penny Pilot Options and All Other
Options is also reasonable because the fees are within the range of
fees assessed by other exchanges employing similar pricing schemes.
Specifically, NYSE Arca, Inc. (``NYSE Arca'') assesses a customer fee
for taking liquidity of $0.45 for electronic executions in penny pilot
issues and foreign currency options and assesses a firm and broker
dealer standard execution fee of $0.50 for electronic executions in
options not included in the penny pilot.\11\
---------------------------------------------------------------------------

    \11\ See NYSE Arca's Fee Schedule.
---------------------------------------------------------------------------

    The Exchange operates in a highly competitive market comprised of
nine U.S. options exchanges in which sophisticated and knowledgeable
market participants can readily send order flow to competing exchanges
if

they deem fee levels at a particular exchange to be excessive. The
Exchange believes that the proposed rebate and fees are competitive and
similar with rebates and fees in place on other exchanges. The Exchange
believes that this competitive marketplace impacts the rebates and fees
present on the Exchange today and substantially influences the
proposals set forth above.

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

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

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act; \12\ and paragraph (f)(2) of Rule 19b-4
\13\ thereunder. At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \13\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2011-046 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2011-046. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro/shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File No. SR-NASDAQ-
2011-046 and should be submitted on or before May 3, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-8627 Filed 4-11-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 161 (Wednesday, August 20, 2014)]
[Notices]
[Page 49302]
[FR Doc No: 2014-19751]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ID-7500-000]

Harris, Kimberly J.; Notice of Filing

    Take notice that on August 13, 2014, Kimberly J. Harris submitted
for filing, an application for authority to hold interlocking
positions, pursuant to section 305(b) of the Federal Power Act (FPA),
16 U.S.C. 825d(b), Part 45 of the Federal Energy Regulatory
Commission's (Commission) Rules of Practice and Procedure, 18 CFR Part
45, and Order No. 664.\1\
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    \1\ Commission Authorization to Hold Interlocking Positions, 112
FERC ] 61,298 (2005) (Order No. 664); order on reh'g, 114 FERC ]
61,142 (2006) (Order No. 664-A).
---------------------------------------------------------------------------

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on September 3, 2014.

    Dated: August 14, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-19751 Filed 8-19-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: February 4, 2009 (Volume 74, Number 22)]
[Notices]
[Page 6021-6023]
[DOCID:fr04fe09-31]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

January 29, 2009.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP09-280-000.
    Applicants: Midwestern Gas Transmission Company.
    Description: Midwestern Gas Transmission Company submits Twelfth
Revised Sheet 5 et al., to FERC Gas Tariff, Original Volume 1, to be
effective 2/1/09.
    Filed Date: 01/26/2009.
    Accession Number: 20090127-0197.
    Comment Date: 5 p.m. Eastern Time on Monday, February 9, 2009.

    Docket Numbers: RP09-281-000.
    Applicants: Energy West Development, Inc.
    Description: Energy West Development, Inc., submits Third Revised
Sheet 23 et al., to FERC Gas Tariff, Volume 1, to be effective 2/26/09.
    Filed Date: 01/26/2009.
    Accession Number: 20090127-0198.
    Comment Date: 5 p.m. Eastern Time on Monday, February 9, 2009.

    Docket Numbers: RP09-282-000.
    Applicants: Tennessee Gas Pipeline Company.
    Description: Tennessee Gas Pipeline Company submits Fourth Revised
Sheet 325 et al., to FERC Gas Tariff, Fifth Revised Volume 1.
    Filed Date: 01/26/2009.
    Accession Number: 20090127-0199.
    Comment Date: 5 p.m. Eastern Time on Monday, February 09, 2009.

    Docket Numbers: RP09-283-000.
    Applicants: Iroquois Gas Transmission System, LP.
    Description: Iroquois Gas Transmission System, LP submits Thirty
First Revised Sheet 4 et al., to FERC Gas Tariff, First Revised Volume
1, to be effective 1/27/09.
    Filed Date: 01/26/2009.
    Accession Number: 20090127-0317.
    Comment Date: 5 p.m. Eastern Time on Monday, February 9, 2009.

    Docket Numbers: RP09-284-000.
    Applicants: El Paso Natural Gas Company.
    Description: El Paso Natural Gas Company submits Ninth Revised
Sheet 214A et al., to FERC Gas Tariff, Second Revised Volume 1A.
    Filed Date: 01/26/2009.
    Accession Number: 20090127-0318.
    Comment Date: 5 p.m. Eastern Time on Monday, February 9, 2009.

    Docket Numbers: RP09-285-000.
    Applicants: Central Kentucky Transmission Company.
    Description: Central Kentucky Transmission Company submits First
Revised Sheet 134 et al., to FERC Gas Tariff, Second Revised Volume 1.
    Filed Date: 01/26/2009.
    Accession Number: 20090127-0320.
    Comment Date: 5 p.m. Eastern Time on Monday, February 9, 2009.

    Docket Numbers: RP09-286-000.
    Applicants: Crossroads Pipeline Company.
    Description: Crossroads Pipeline Company submits Second Revised
Sheet 176 et al., to FERC Gas Tariff, Second Revised Volume 1, to be
effective 2/26/09.
    Filed Date: 01/26/2009.
    Accession Number: 20090127-0319.
    Comment Date: 5 p.m. Eastern Time on Monday, February 9, 2009.

    Docket Numbers: RP09-287-000.
    Applicants: Young Gas Storage Company, Ltd.
    Description: Young Gas Storage Company, Ltd., submits Second
Revised Sheet 53A et al., to FERC Gas Tariff, Original Volume 1.
    Filed Date: 01/26/2009.
    Accession Number: 20090127-0321.
    Comment Date: 5 p.m. Eastern Time on Monday, February 9, 2009.

    Docket Numbers: RP09-288-000.
    Applicants: Southern Natural Gas Company.
    Description: Southern Natural Gas Company submits Seventieth
Revised Sheet 14 et al., to FERC Gas Tariff, Seventh Revised Volume 1.
    Filed Date: 01/26/2009.
    Accession Number: 20090127-0322.
    Comment Date: 5 p.m. Eastern Time on Monday, February 9, 2009.

    Docket Numbers: RP09-289-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Columbia Gas Transmission, LLC submits Second Revised
Sheet 131 et al., to FERC Gas Tariff, Second Revised Volume 1.
    Filed Date: 01/26/2009.
    Accession Number: 20090127-0324.
    Comment Date: 5 p.m. Eastern Time on Monday, February 9, 2009.

    Docket Numbers: RP09-290-000.
    Applicants: Black Marlin Pipeline Company.
    Description: Black Marlin Pipeline Company submits Fifth Revised
Sheet 213 et al., to FERC Gas Tariff, First Revised Volume 1.
    Filed Date: 01/26/2009.
    Accession Number: 20090127-0323.
    Comment Date: 5 p.m. Eastern Time on Monday, February 9, 2009.

    Docket Numbers: RP09-291-000.
    Applicants: Discovery Gas Transmission LLC.
    Description: Discovery Gas Transmission LLC submits Fifth Revised
Sheet 151 et al., to FERC Gas Tariff, Original Volume 1.
    Filed Date: 01/26/2009.
    Accession Number: 20090127-0325.
    Comment Date: 5 p.m. Eastern Time on Monday, February 9, 2009.

    Docket Numbers: RP09-292-000.
    Applicants: Dominion South Pipeline Company, LP.
    Description: Dominion South Pipeline Company, LP, submits First
Revised Sheet 1043 et al., to FERC Gas Tariff, Original Volume 1.
    Filed Date: 01/26/2009.
    Accession Number: 20090127-0131.
    Comment Date: 5 p.m. Eastern Time on Monday, February 9, 2009.

    Docket Numbers: RP09-293-000.
    Applicants: Dominion Cove Point LNG, LP.
    Description: Dominion Cove Point LNG, LP, submits Fourth Revised
Sheet 72 et al., to FERC Gas Tariff, Original Volume 1.
    Filed Date: 01/26/2009.
    Accession Number: 20090127-0130.
    Comment Date: 5 p.m. Eastern Time on Monday, February 9, 2009.

    Docket Numbers: RP09-294-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Columbia Gas Transmission, LLC submits Seventh Revised
Sheet 351 et al., to FERC Gas Tariff, Second Revised Volume 1.
    Filed Date: 01/26/2009.
    Accession Number: 20090127-0129.
    Comment Date: 5 p.m. Eastern Time on Monday, February 9, 2009.

    Docket Numbers: RP09-295-000.
    Applicants: Colorado Interstate Gas Company.
    Description: Colorado Interstate Gas Company submits Sixth Revised
Sheet 241A et al., to FERC Gas Tariff, First Revised Volume 1.
    Filed Date: 01/26/2009.
    Accession Number: 20090127-0128.
    Comment Date: 5 p.m. Eastern Time on Monday, February 9, 2009.

    Docket Numbers: RP09-296-000.
    Applicants: Carolina Gas Transmission Corporation.
    Description: Carolina Gas Transmission Corporation submits revised
tariff sheets as part of Carolina Gas Transmission Corporation, FERC
Gas Tariff, Original Volume 1.
    Filed Date: 01/26/2009.
    Accession Number: 20090127-0127.
    Comment Date: 5 p.m. Eastern Time on Monday, February 9, 2009.

    Docket Numbers: RP09-297-000.
    Applicants: Gulfstream Natural Gas System, L.L.C.
    Description: Gulfstream Natural Gas System, LLC, submits Second
Revised Sheet 176 et al., to its FERC Gas Tariff, Original Volume 1, to
be effective 2/26/09.
    Filed Date: 01/26/2009.
    Accession Number: 20090127-0125.
    Comment Date: 5 p.m. Eastern Time on Monday, February 9, 2009.

    Docket Numbers: RP09-298-000.
    Applicants: Egan Hub Storage, LLC.
    Description: Egan Hub Storage, LLC, submits Second Revised Sheet
113 et al., to be effective 2/26/09.
    Filed Date: 01/26/2009.
    Accession Number: 20090127-0126.
    Comment Date: 5 p.m. Eastern Time on Monday, February 9, 2009.

    Docket Numbers: RP09-299-000.
    Applicants: Wyoming Interstate Company, Ltd.
    Description: Wyoming Interstate Company, Ltd, submits Seventh
Revised Sheet 54A et al., to be effective 2/25/09.
    Filed Date: 01/26/2009.
    Accession Number: 20090127-0124.
    Comment Date: 5 p.m. Eastern Time on Monday, February 9, 2009.

    Docket Numbers: RP09-300-000.
    Applicants: Cheyenne Plains Gas Pipeline Company, LLP.
    Description: Cheyenne Plains Gas Pipeline Company, LLP, submits
Second Revised Sheet 315 et al., effective 2/25/09.
    Filed Date: 01/26/2009.
    Accession Number: 20090127-0123.
    Comment Date: 5 p.m. Eastern Time on Monday, February 9, 2009.

    Docket Numbers: RP09-301-000.
    Applicants: Gulf South Pipeline Company, LP.

    Description: Gulf South Pipeline Company, LP, submits Second
Revised Sheet 3600 et al., to FERC Gas Tariff, Sixth Revised Volume 1,
to be effective 3/1/09.
    Filed Date: 01/26/2009.
    Accession Number: 20090128-0101.
    Comment Date: 5 p.m. Eastern Time on Monday, February 9, 2009.

    Docket Numbers: RP09-302-000.
    Applicants: Tuscarora Gas Transmission Company.
    Description: Tuscarora Gas Transmission Company submits revised
tariff sheets to be part of its FERC Gas Tariff, Original Volume 1.
    Filed Date: 01/26/2009.
    Accession Number: 20090128-0104.
    Comment Date: 5 p.m. Eastern Time on Monday, February 9, 2009.

    Docket Numbers: RP09-303-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Gulf Crossing Pipeline, Company LLC submits First
Revised Sheet 1050 et al., to FERC Gas Tariff, Original Volume 1.
    Filed Date: 01/26/2009.
    Accession Number: 20090128-0103.
    Comment Date: 5 p.m. Eastern Time on Monday, February 9, 2009.

    Docket Numbers: RP09-304-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Texas Gas Transmission, LLC, submits First Revised
Sheet 2800 et al., to FERC Gas Tariff, Third Revised Volume 1.
    Filed Date: 01/26/2009.
    Accession Number: 20090128-0102.
    Comment Date: 5 p.m. Eastern Time on Monday, February 9, 2009.

    Docket Numbers: RP09-305-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Texas Gas Transmission, LLC, submits a report which
compares cash-out revenues with cash-out costs incurred for the annual
billing period of 11/1/07-10/31/08.
    Filed Date: 01/27/2009.
    Accession Number: 20090128-0224.
    Comment Date: 5 p.m. Eastern Time on Monday, February 9, 2009.

    Docket Numbers: RP09-306-000.
    Applicants: Kern River Gas Transmission Company.
    Description: Kern River Gas Transmission Co., submits Eighth
Revised Sheet 140 et al., to FERC Gas Tariff, Second Revised Volume 1
to be effective 7/30/08.
    Filed Date: 01/27/2009.
    Accession Number: 20090128-0225.
    Comment Date: 5 p.m. Eastern Time on Monday, February 09, 2009.

    Docket Numbers: RP09-307-000.
    Applicants: Gulf States Transmission Corporation.
    Description: Gulf States Transmission Corp., submits Fourth Revised
Sheet 58J et al., to FERC Gas Tariff, Original Volume 1 to be effective
3/1/09.
    Filed Date: 01/27/2009.
    Accession Number: 20090128-0223.
    Comment Date: 5 p.m. Eastern Time on Monday, February 9, 2009.

    Docket Numbers: RP09-308-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Rockies Express Pipeline, LLC, submits Second Revised
Sheet 1 et al., to FERC Gas Tariff, Second Revised Volume 1.
    Filed Date: 01/27/2009.
    Accession Number: 20090128-0222.
    Comment Date: 5 p.m. Eastern Time on Monday, February 9, 2009.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-2347 Filed 2-3-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 212 (Thursday, November 1, 2018)]
[Notices]
[Pages 54930-54932]
[FR Doc No: 2018-23910]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0873]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Bar Code Label Requirement for Human Drug and
Biological Products

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information, and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on bar code label requirements for human drug
and biological products.

DATES: Submit either electronic or written comments on the collection
of information by December 31, 2018.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before December 31, 2018. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of December 31, 2018. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such

as a manufacturing process. Please note that if you include your name,
contact information, or other information that identifies you in the
body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2012-N-0873 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Bar Code Label Requirement for
Human Drug and Biological Products.'' Received comments, those filed in
a timely manner (see ADDRESSES), will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at https://www.regulations.gov or at the Dockets Management
Staff between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St, North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Bar Code Label Requirement for Human Drug and Biological Products

OMB Control Number 0910-0537--Extension

    In the Federal Register of February 26, 2004 (69 FR 9120), FDA
issued a final rule that requires human drug product and biological
product labels to have bar codes. Specifically, the final rule requires
bar codes on most human prescription drug products and on over-the-
counter (OTC) drug products that are dispensed under an order and
commonly used in health care facilities. It also requires machine-
readable information on blood and blood components. For human
prescription drug products and OTC drug products that are dispensed
under an order and commonly used in health care facilities, the bar
code must contain the national drug code number for the product. For
blood and blood components, the final rule specifies the minimum
contents of the label in a format that is machine readable and approved
for use by the Director, Center for Biologics Evaluation and Research.
We believe that the final rule helps reduce the number of medication
errors in hospitals and other health care settings by allowing health
care professionals to use bar code scanning equipment to verify that
the right drug (in the right dose and right route of administration) is
being given to the right patient at the right time.
    Although most of the information collections created by the final
rule have now been incorporated in OMB approved information collections
supporting the applicable regulations, respondents to the collection
may continue to seek an exemption from the bar code label requirement
under Sec.  201.25(d) (21 CFR 201.25(d)). Section 201.25(d) requires
submission of a written request for an exemption and describes the
information that must be included in such a request. Based on the
number of exemption requests we have received previously, we estimate
that approximately 2 exemption requests will be submitted annually and
each exemption request will require 24 hours to complete. This results
in an annual reporting burden of 48 hours, as reflected in table 1.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
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                                                                                Number of
                           21 CFR section                               Number of      responses per     Total annual    Average burden    Total hours
                                                                       respondents       respondent       responses       per response
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21 CFR 201.25(d)...................................................               2                1                2               24               48
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Based on a review of the information collection since our last
request for OMB approval, we have made no adjustments to our burden
estimate.

    Dated: October 29, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-23910 Filed 10-31-18; 8:45 am]
 BILLING CODE 4164-01-P