[Federal Register: November 2, 2007 (Volume 72, Number 212)]
[Notices]
[Page 62230-62232]
[DOCID:fr02no07-45]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0588; FRL-8154-4]

Acrolein Human Health Risk Assessment; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY:  This notice announces the availability of EPA's human health
risk assessment, and related documents for the pesticide acrolein, and
opens a public comment period on these documents (Phase 3 of 6-Phase
Process). The public is encouraged to suggest risk management ideas or
proposals to address the risks identified. EPA is developing a
Reregistration Eligibility Decision (RED) for acrolein through a 6-
Phase public participation process that the Agency uses to involve the
public in developing pesticide reregistration decisions. Through this
process, EPA is ensuring that all pesticides meet current health and
safety standards.

DATES: Comments must be received on or before January 2, 2008.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-0588, 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
Bldg.), 2777 S. Crystal Dr., 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 Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-0588. 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 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
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket

Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
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 Bldg.),
2777 S. Crystal Dr., 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 Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Amaris Johnson, Special Review and

Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. 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. Background

A. What Action is the Agency Taking?

    EPA is releasing for public comment its human health risk
assessment and related documents for acrolein, an aldehyde, and
soliciting public comment on risk management ideas or proposals.
Acrolein is primarily used in irrigation canals and reservoirs to treat
aquatic weeds, such as pondweed. Its secondary use is in oil fields, as
a biocide to remove bacteria during petroleum production. EPA developed
the human health risk assessment and risk characterization for acrolein
as a part of its public process for making its pesticide reregistration
eligibility decision. Through this program, EPA is ensuring that
pesticides meet current standards under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA). The ecological risk assessment
for acrolein was posted in the docket for the Phase 3 public comment
period on July 25, 2007. This comment period closed on September 23,
2007. The Agency intends to review the comments for both the ecological
and human health risk assessments, revise the risk assessments if
appropriate from comments received, and provide an additional public
comment period on both the ecological and human health risk assessments
for acrolein.
    Acrolein is registered as a non-food use aquatic herbicide used
primarily in irrigation canals. It is a non-specific biocide that
treats aquatic weeds by breaking down their cell walls. Acrolein is
formulated as a liquid, and is metered directly into irrigation canals
or reservoirs.
     EPA is providing an opportunity, through this notice, for
interested parties to provide comments and input on the Agency's human
health risk assessment for acrolein. Such comments and input could
address, for example, the availability of additional data to further
refine the risk assessments, such as residue data on root and tuber
crops, air monitoring data, and residential bystander exposure and risk
information, or could address the Agency's risk assessment
methodologies and assumptions as applied to this specific pesticide.
    Through this notice, EPA also is providing an opportunity for
interested parties to provide risk management proposals or otherwise
comment on risk management for acrolein. Risks of concern associated
with the use of acrolein include:
    1. Exposure to workers during application periods, and
    2. Bystanders during post-application periods.
In targeting these risks of concern, the Agency solicits information on
effective and practical risk reduction measures.
    EPA seeks to achieve environmental justice, the fair treatment and
meaningful involvement of all people, regardless of race, color,
national origin, or income, in the development, implementation, and
enforcement of environmental laws, regulations, and policies. To help
address potential environmental justice issues, the Agency seeks
information on any groups or segments of the population who, as a
result of their location, cultural practices, or other factors, may
have atypical, unusually high exposure to acrolein, compared to the
general population.
    EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance reassessment. The
Agency's Pesticide Tolerance Reassessment and Reregistration; Public
Participation Process, published in the Federal Register on May 14,
2004 (69 FR 26819) (FRL-7357-9), explains that in conducting these
programs, the Agency is tailoring its public participation process to
be commensurate with the level of risk, extent of use, complexity of
the issues, and degree of public concern associated with each
pesticide. For acrolein the full, 6-Phase process with 2 comment
periods and ample opportunity for public consultation seems appropriate
in view of its large number of users in the Pacific Northwest, multiple
incidents, complex issues, acute toxicity, and numerous affected
stakeholders.
    All comments should be submitted using the methods in ADDRESSES,
and must be received by EPA on or before the closing date. Comments
will become part of the Agency Docket for acrolein. Comments received
after the close of the comment period will be marked ``late.'' EPA is
not required to consider these late comments.

B. What is the Agency's Authority for Taking this Action?

    Section 4(g)(2) of FIFRA, as amended, directs that, after
submission of all data concerning a pesticide active ingredient, ``the
Administrator shall determine whether pesticides containing such active
ingredient are eligible for reregistration,'' before calling in
product-specific data on individual end-use products and either
reregistering products or taking other ``appropriate regulatory
action.''

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: October 23, 2007.
Steve Bradbury,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E7-21438 Filed 11-1-07; 8:45 am]

BILLING CODE 6560-50-S


Amy_ L._ Farrell@ omb. eop. gov 08/ 25/ 2003 11: 15 PM To: " carter, douglas" < douglas. carter@ hq. doe. gov>, " dobriansky, larisa" < larisa. dobriansky@ hq. doe. gov>, " hill, david r. ( gc)" < david. r. hill@ hq. doe. gov>, Elizabeth_ A._ Stolpe@ ceq. eop. gov, Kevin_ F._ Neyland@ omb. eop. gov, indur_ goklany@ ios. doi. gov, Paul_ R._ Noe@ omb. eop. gov, Robert_ S._ Fairweather@ omb. eop. gov, Arthur_ G._ Fraas@ omb. eop. gov, Ted_ Gayer@ cea. eop. gov, Bill Harnett/ RTP/ USEPA/ US@ EPA, Bill Wehrum/ DC/ USEPA/ US@ EPA cc: Subject: p 26 insert  Forwarded by Amy L. Farrell/ OMB/ EOP on 08/ 25/ 2003 11: 11PM

From: " Otis, Lee" < Lee. Otis@ hq. doe. gov> on 08/ 25/ 2003 10: 28: 09 PM Record Type: Record To: Amy L. Farrell/ OMB/ EOP@ EOP cc: Subject: p 26 insert ( See attached file: p 26 insert. wpd) ( File is in a separate entry.)


[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Notices]
[Pages 52111-52113]
[FR Doc No: 2019-21248]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-3767]

Immunology Devices Panel of the Medical Devices Advisory
Committee; Notice of Meeting; Establishment of a Public Docket; Request
for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; establishment of a public docket; request for comments.

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SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming
public advisory committee meeting of the Immunology Devices Panel of
the Medical Devices Advisory Committee. The general function of the
committee is to provide advice and recommendations to FDA on scientific
issues. The meeting will be open to the public. FDA is establishing a
docket for public comment on this document.

DATES: The meeting will be held on November 13 and 14, 2019, from 8
a.m. to 6 p.m.

ADDRESSES: Doubletree by Hilton DC North/Gaithersburg, Grand Ballroom,
620 Perry Pkwy., Gaithersburg, MD 20877. The hotel's telephone number
is<PHONE_NUMBER>. The hotel's website is at: https://doubletree3.hilton.com/en/hotels/maryland/doubletree-by-hilton-washington-dc-north-gaithersburg-GAIGWDT/index.html. Answers to
commonly asked questions including information regarding special
accommodations due to a disability, visitor parking, and transportation
may be accessed at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.
    FDA is establishing a docket for public comments on this meeting.
The docket number is FDA-2019-N-3767. The docket will close on December
16, 2019. Submit either electronic or written comments on this public
meeting to the docket by December 16, 2019. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before December 16, 2019. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of December 16, 2019. Comments
received by mail/hand delivery/courier (for written/paper submission)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.
    Comments received on or before October 28, 2019, will be provided
to the Committee. Comments received after that date will be taken into
consideration by FDA. You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://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 Submission'' 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-2019-N-3767 for ``Immunology Devices Panel of the Medical Devices
Advisory Committee; Notice of Meeting; Establishment of a Public
Docket; Request for Comments.'' 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.'' FDA 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: Aden Asefa, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. G642, Silver Spring, MD 20993-0002,<PHONE_NUMBER>,
<EMAIL_ADDRESS>or FDA Advisory Committee Information
Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC area). A
notice in the Federal Register about last minute modifications that
impact a previously announced advisory committee meeting cannot always
be published quickly enough to provide timely notice. Therefore, you
should always check the FDA's website at https://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before coming to
the meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: On November 13 and 14, 2019, the committee will discuss the
topic of immunological responses to metal-containing products regulated
as medical devices. The discussion will focus on metal-containing
implants as well as dental amalgam. Implants are medical devices that
are placed into a surgically or naturally formed opening of the human
body and are intended to remain there after the procedure for an
extended period of time (typically, greater than 30 days). For decades,
metal-containing implants have been used in a large number of medical
specialties including cardiology, orthopedics, dentistry,
gastroenterology, and neurology or neurosurgery. Recent postmarket
issues with some metal-on-metal orthopedic implants and gynecological
metal-containing implants have raised questions about the potential for
some patients to develop unexpected or heightened biological responses
to the implant. These may include local (peri-implant) adverse events
and potentially systemic manifestations, which may impact a patient's
quality of life and necessitate medical or surgical intervention. While
not considered an implant, dental amalgam is included in this
discussion because of its potential for patient and user exposure to
mercury compounds and some purported similarities in the adverse
biological responses and clinical manifestations elicited by some
dental amalgams to that of traditional metal implants.
    FDA is convening this committee to promote an open public
discussion of, and seek expert opinion on, currently available
scientific and clinical data pertaining to the biological responses to
metal implants and dental amalgam and the potential associated clinical
sequelae. The committee will be asked to discuss and provide
recommendations regarding:
     The extent immunological responses to certain metals may
cause or contribute to device-related local and systemic adverse
effects as well as the potential underlying mechanism(s) involved and
corresponding clinical manifestations.
     Patient characteristics, metal types, and/or anatomical
considerations that may put an individual at higher risk for a
heightened immunological response to a metal-containing implant, and
methods that may assist in their identification.
     Mitigations that may reduce the risk for unintended
immunological responses, including changes to device composition and
design.
     The evidentiary gaps in biomedical research and clinical/
diagnostic management associated with immunological responses to metal
implants.
     The adequacy, conclusions, and evidence gaps identified by
a systemic literature review aimed to assess the recent epidemiologic
and clinical evidence on adverse health effects reported in relation to
occupational or non-occupational exposure to dental amalgam.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its website prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's website after the meeting. Background material is
available at https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    FDA plans to provide a live webcast of the November 13 and 14,
2019, meeting of the Immunology Devices Panel. While the Center for
Devices and Radiological Health is working to make webcasts available
to the public, there may be instances where the webcast transmission is
not successful; staff will work to reestablish the transmission as soon
as possible. The link for the webcast is available at: https://collaboration.fda.gov. Further information regarding the webcast,
including the web address for the webcast, will be made available at
least 2 days in advance of the meeting at the following website:
    November 13, 2019: http://fda.yorkcast.com/webcast/Play/390aea8fa1db4d42ba59e514b24e8f301d.
    November 14, 2019: http://fda.yorkcast.com/webcast/Play/d4174e54b00e4f7ab8ffb3ec8c99d3f51d.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
All written and electronic submissions made to the docket on or before
October 28, 2019, will be provided to the panel. Oral presentations
from the public will be scheduled on November 13, 2019, between
approximately 2:15 p.m. and 3:15 p.m., and on November 14, 2019,
between approximately 8:15 a.m. and 9:15 a.m. Those individuals
interested in making formal oral presentations should notify the
contact person and submit a brief statement of the general nature of
the evidence or arguments they wish to present, the names and addresses
of proposed participants, and an indication of the approximate time
requested to make their presentation on or before October 16, 2019.
Time allotted for each presentation may be limited. If the number of
registrants requesting to speak is greater than can be reasonably
accommodated during the scheduled open public hearing session, FDA may
conduct a lottery to determine the speakers for the scheduled open
public hearing session. The contact person will notify interested
persons regarding their request to speak by October 17, 2019.
    Persons attending FDA's advisory committee meetings are advised
that FDA is not responsible for providing access to electrical outlets.
    For press inquiries, please contact the Office of Media Affairs at
<EMAIL_ADDRESS>or<PHONE_NUMBER>.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a

disability, please contact AnnMarie Williams, at
<EMAIL_ADDRESS>or<PHONE_NUMBER> at least 7 days in
advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: September 25, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-21248 Filed 9-30-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 85, Number 66 (Monday, April 6, 2020)]
[Notices]
[Pages 19220-19222]
[FR Doc No: 2020-07120]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0005]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt eight individuals from
the vision requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs) to operate a commercial motor vehicle (CMV) in interstate
commerce. They are unable to meet the vision requirement in one eye for
various reasons. The exemptions enable these individuals to operate
CMVs in interstate commerce without meeting the vision requirement in
one eye.

DATES: The exemptions were applicable on March 10, 2020. The exemptions
expire on March 10, 2022.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office

hours are from 8:30 a.m. to 5 p.m., ET, Monday through Friday, except
Federal holidays. If you have questions regarding viewing or submitting
material to the docket, contact Docket Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov/docket?D=FMCSA-2020-0005 and choose the document to review. If you do
not have access to the internet, you may view the docket online by
visiting the Docket Operations in Room W12-140 on the ground floor of
the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590,
between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal
holidays.

B. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    On February 6, 2020, FMCSA published a notice announcing receipt of
applications from eight individuals requesting an exemption from vision
requirement in 49 CFR 391.41(b)(10) and requested comments from the
public (85 FR 6997). The public comment period ended on March 9, 2020,
and one comment was received.
    FMCSA has evaluated the eligibility of these applicants and
determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to, or greater than, the level
that would be achieved by complying with Sec.  391.41(b)(10).
    The physical qualification standard for drivers regarding vision
found in Sec.  391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of a least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing red,
green, and amber.

III. Discussion of Comments

    FMCSA received one comment in this proceeding. Victoria Johnson
submitted a comment stating that the MN Department of Public Safety has
no objections to the decision to grant an exemption to Charles E.
Klock.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The Agency's decision regarding these exemption applications is
based on medical reports about the applicants' vision, as well as their
driving records and experience driving with the vision deficiency. The
qualifications, experience, and medical condition of each applicant
were stated and discussed in detail in the February 6, 2020, Federal
Register notice (85 FR 6997) and will not be repeated here.
    FMCSA recognizes that some drivers do not meet the vision
requirement but have adapted their driving to accommodate their
limitation and demonstrated their ability to drive safely. The eight
exemption applicants listed in this notice are in this category. They
are unable to meet the vision requirement in one eye for various
reasons, including amblyopia, central serous retinopathy, complete loss
of vision, macular scarring, retinal scarring, and scarring. In most
cases, their eye conditions did not develop recently. Four of the
applicants were either born with their vision impairments or have had
them since childhood. The four individuals that developed their vision
conditions as adults have had them for a range of 4 to 22 years.
Although each applicant has one eye that does not meet the vision
requirement in Sec.  391.41(b)(10), each has at least 20/40 corrected
vision in the other eye, and, in a doctor's opinion, has sufficient
vision to perform all the tasks necessary to operate a CMV.
    Doctors' opinions are supported by the applicants' possession of a
valid license to operate a CMV. By meeting State licensing
requirements, the applicants demonstrated their ability to operate a
CMV with their limited vision in intrastate commerce, even though their
vision disqualified them from driving in interstate commerce. We
believe that the applicants' intrastate driving experience and history
provide an adequate basis for predicting their ability to drive safely
in interstate commerce. Intrastate driving, like interstate operations,
involves substantial driving on highways on the interstate system and
on other roads built to interstate standards. Moreover, driving in
congested urban areas exposes the driver to more pedestrian and
vehicular traffic than exists on interstate highways. Faster reaction
to traffic and traffic signals is generally required because distances
between them are more compact. These conditions tax visual capacity and
driver response just as intensely as interstate driving conditions.
    The applicants in this notice have driven CMVs with their limited
vision in careers ranging for 5 to 62 years. In the past 3 years, one
driver was involved in a crash, and no drivers were convicted of moving
violations in CMVs. All the applicants achieved a record of safety
while driving with their vision impairment that demonstrates the
likelihood that they have adapted their driving skills to accommodate
their condition. As the applicants' ample driving histories with their
vision deficiencies are good predictors of future performance, FMCSA
concludes their ability to drive safely can be projected into the
future.
    Consequently, FMCSA finds that in each case exempting these
applicants from the vision requirement in Sec.  391.41(b)(10) is likely
to achieve a level of safety equal to that existing without the
exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the
applicants in the exemption document and includes the following: (1)
Each driver must be physically examined every year (a) by an
ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the standard in Sec.  391.41(b)(10) and
(b) by a certified medical examiner (ME) who attests that the
individual is otherwise physically qualified under Sec.  391.41; (2)
each driver must provide a copy of the ophthalmologist's or
optometrist's report to the ME at the time of the annual medical
examination; and (3) each driver must provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file, or keep a copy in his/

her driver's qualification file if he/she is self-employed. The driver
must also have a copy of the exemption when driving, for presentation
to a duly authorized Federal, State, or local enforcement official.

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the eight exemption applications,
FMCSA exempts the following drivers from the vision requirement, Sec.
391.41(b)(10), subject to the requirements cited above:

Lance D. Duffie
Lester Johnson
James M. Kivett
Charles E. Klock
Clayton D. Lowther
Jared G. New
David Perea
Juan Santay-Ajanel

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each exemption
will be valid for 2 years from the effective date unless revoked
earlier by FMCSA. The exemption will be revoked if the following
occurs: (1) The person fails to comply with the terms and conditions of
the exemption; (2) the exemption has resulted in a lower level of
safety than was maintained prior to being granted; or (3) continuation
of the exemption would not be consistent with the goals and objectives
of 49 U.S.C. 31136(e) and 31315(b).

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-07120 Filed 4-3-20; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: February 16, 2006 (Volume 71, Number 32)]
[Notices]
[Page 8289]
[DOCID:fr16fe06-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AC06-26-000]

BP Pipelines (Alaska) Inc.; Notice of Filing

February 9, 2006.
    Take notice that on November 17, 2005, BP Pipelines (Alaska) Inc.
submitted an application pursuant to 18 CFR 352 1-6(d) and (g) to
record a prior period adjustment for the correction of accounting
errors. The accounting adjustment is to correct the annual calculation
of depreciation expense for undivided joint interest property for the
years beginning in 1994, to align with the methodology set forth in the
1982 TAPS depreciation stipulation (Docket No. P-18-1).
    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.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    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 14 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 e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on February 24, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-2256 Filed 2-15-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: July 3, 2008 (Volume 73, Number 129)]
[Notices]
[Page 38265-38267]
[DOCID:fr03jy08-110]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58033; File No. SR-NYSE-2008-49]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Extend for Three Months the Moratorium Related to the Qualification
and Registration of Registered Competitive Market Makers, Pursuant to
NYSE Rule 107A, and Competitive Traders, Pursuant to NYSE Rule 110

June 26, 2008.
    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 June 23, 2008, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
The 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 extend for three months the moratorium
related to the qualification and registration of Registered Competitive
Market Makers (``RCMMs''), pursuant to Exchange Rule 107A, and
Competitive Traders (``CTs''), pursuant to Exchange Rule 110
(``Moratorium''). The text of the proposed rule change is available at

http://www.nyse.com, the NYSE, and the Commission's Public Reference
Room.

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

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

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

1. Purpose
    The Exchange proposes to extend for three months the current
Moratorium related to the qualification and registration of RCMMs,
pursuant to Exchange Rule 107A, and CTs, pursuant to Exchange Rule 110.
    On September 22, 2005, the Exchange filed SR-NYSE-2005-63 \3\ with
the Commission proposing to implement a Moratorium on the qualification
and registration of new RCMMs and CTs. The purpose of the Moratorium
was to allow the Exchange an opportunity to review the viability of
RCMMs and CTs in the NYSE HYBRID MARKETSM (``Hybrid
Market'').\4\
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    \3\ See Securities Exchange Act Release No. 52648 (October 21,
2005), 70 FR 62155 (October 28, 2005) (SR-NYSE-2005-63).
    \4\ See Securities Exchange Act Release No. 53539 (March 22,
2006), 71 FR 16353 (March 31, 2006) (SR-NYSE-2004-05) (establishing
the Hybrid Market).
---------------------------------------------------------------------------

    During each phase of the Hybrid Market, new system functionality
was included in the operation of Exchange systems, and new data was
generated. As a result, the Exchange was unable to make an informed
decision as to the viability of RCMMs and CTs in the Hybrid Market. The
phased-in implementation of the Hybrid Market required the Exchange to
extend the Moratorium an additional six times over the next twenty-four
months.\5\
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    \5\ See Securities Exchange Act Release Nos. 54140 (July 13,
2006), 71 FR 41491 (July 21, 2006) (SR-NYSE-2006-48); 54985
(December 21, 2006), 72 FR 171 (January 3, 2007) (SR-NYSE-2006-113);
55992 (June 29, 2007), 72 FR 37289 (July 9, 2007) (SR-NYSE-2007-57);
56556 (September 27, 2007), 72 FR 56421 (October 3, 2007) (SR-NYSE-
2007-86); 57072 (December 31, 2007), 73 FR 1252 (January 7, 2008)
(SR-NYSE-2007-125); and 57601 (April 2, 2008), 73 FR 19123 (April 8,
2008) (SR-NYSE-2008-22).
---------------------------------------------------------------------------

    The Exchange is now proposing to extend the Moratorium, as
amended,\6\ for an additional three months to September 30, 2008 in
order to finalize its determination as to the roles of RCMMs and CTs
and to formally submit a proposal to the Commission outlining the role,
if any, these classes of traders have in the Exchange's evolving
market.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 53549 (March 24,
2006), 71 FR 16388 (March 31, 2006) (SR-NYSE-2006-11) (making
certain amendments to the Moratorium).
---------------------------------------------------------------------------

    On June 12, 2008, the Exchange filed its proposal to create its new
market model (``New Model'').\7\ Pursuant to its proposal, the Exchange
intends to: (i) Provide market participants with additional abilities
to post hidden liquidity on Exchange systems; (ii) create a Designated
Market Maker (``DMM'') and phase out the NYSE specialist; and (iii)
enhance the speed of execution through technological enhancements and a
reduction in message traffic between Exchange systems and its DMMs.
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    \7\ See SR-NYSE-2008-46.
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    In light of these proposed changes, the Exchange seeks to continue
its review of the data related to RCMMs' and CTs' current trading on
the NYSE. Accordingly, the Exchange requests additional time to decide
what roles, if any, RCMMs and CTs should perform in the proposed New
Model.
    The Exchange will issue an Information Memo announcing the
extension of the Moratorium.
2. Statutory Basis
    The basis under the Act \8\ for this proposed rule change is the
requirement under section 6(b)(5) \9\ that an exchange have rules that
are designed to promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system and, in general, to protect
investors and the public interest. The Exchange is currently reviewing
the data related to RCMMs and CTs to evaluate its trading volume in the
current, more electronic market. Since it is undergoing significant
developments in its technology and its market model, the Exchange
believes that an extension of time to finalize its determination of
what, if any, roles the RCMMs and CTs will play in this evolving
marketplace could potentially remove impediments to, and better
improve, the mechanism of a free and open market.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78a.
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

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

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

    Because the proposed rule change: (i) Does not significantly affect
the protection of investors or the public interest; (ii) does not
impose any significant burden on competition; and (iii) does not become
operative for 30 days after the date of the filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest, the proposed rule change has
become effective pursuant to section 19(b)(3)(A) of the Act \10\ and
Rule 19b-4(f)(6) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). Pursuant to Rule 19b-4(f)(6)(iii)
under the Act, the Exchange is required to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied the five-day pre-filing requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \12\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \13\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The NYSE has
requested that the Commission waive the 30-day operative delay. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because it would allow the Moratorium to continue without interruption
so that the Exchange may have additional time to make a final
determination as to the future roles of RCMMs and CTs in the proposed
New Model and to file with the Commission a proposed rule change
outlining such roles. For these reasons, the Commission designates that
the

proposed rule change become operative immediately.\14\
---------------------------------------------------------------------------

    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the rule change if it
appears to the Commission that 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.

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-NYSE-2008-49 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2008-49. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, on official business
days between the hours of 10 a.m. and 3 p.m. Copies of the filing also
will be available for inspection and copying at the principal office of
the Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSE-2008-49 and should be submitted on or before July 24, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-15066 Filed 7-2-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Proposed Rules]
[Pages 61203-61205]
[FR Doc No: 2017-27950]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0737; FRL-9972-57-Region 9]

Approval of California Air Plan Revisions, Northern Sierra Air
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Northern Sierra Air Quality Management
District (NSAQMD) portion of the California State Implementation Plan
(SIP). This revision concerns emissions of particulate matter (PM) from
wood burning devices. We are proposing to approve a local measure to
reduce emissions from these emission sources under the Clean Air Act
(CAA or the Act). We are taking comments on this proposal and plan to
follow with a final action.

DATES: Any comments must arrive by January 26, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0737 at http://www.regulations.gov, or via email to Doris Lo,
at [email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be removed or edited from Regulations.gov. For either
manner of submission, the 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. The 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: Rynda Kay, EPA Region IX, (415) 947-
4118, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What measure did the State submit?
    B. Are there other versions of this measure?
    C. What is the purpose of the submitted measure?
II. The EPA's Evaluation and Proposed Action
    A. How is the EPA evaluating the measure?
    B. Does the measure meet the evaluation criteria?
    C. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What measure did the State submit?

    Table 1 lists the measure addressed by this proposal with the dates
that it was adopted by the local air agency and submitted by the
California Air Resources Board (CARB).

                                           Table 1--Submitted Measure
----------------------------------------------------------------------------------------------------------------
           Local agency              Resolution No.        Measure title            Adopted         Submitted
----------------------------------------------------------------------------------------------------------------
NSAQMD............................         2017-01   Northern Sierra Air              01/23/17         02/28/17
                                                      Quality Management
                                                      District Resolution
                                                      #2017-01.
----------------------------------------------------------------------------------------------------------------

    On August 28, 2017, the submittal for the NSAQMD measure was deemed
by operation of law to meet the completeness criteria in 40 CFR part 51
Appendix V, which must be met before formal EPA review.

B. Are there other versions of this measure?

    There are no previous versions of the NSAQMD measure in the SIP.

C. What is the purpose of the submitted measure?

    Particulate matter, including PM with diameters that are generally
2.5 microns or smaller (PM2.5) and PM with diameters that
are generally 10 microns or smaller (PM10), contributes to
effects that are harmful to human health and

the environment, including premature mortality, aggravation of
respiratory and cardiovascular disease, decreased lung function,
visibility impairment, and damage to vegetation and ecosystems. Section
110(a) of the CAA requires states to submit regulations that control PM
emissions.
    On January 15, 2013, the EPA revised the National Ambient Air
Quality Standards (NAAQS) for PM2.5 to provide increased
protection of public health by lowering the level of the annual
standards from 15 to 12 micrograms per cubic meter ([micro]g/m\3\) (40
CFR 50.18). Effective April 15, 2015, the EPA designated and classified
the Plumas County nonattainment area (NAA) as moderate nonattainment
for the 2012 PM2.5 NAAQS (40 CFR 81.305; 80 FR 2206, 2218).
CARB submitted the NSAQMD measure on February 28, 2017, as part of an
attainment plan to address nonattainment area SIP requirements for the
2012 PM2.5 NAAQS in the Plumas County NAA.
    The submitted measure is an enforceable commitment by the NSAQMD to
implement a woodstove change-out incentive program during the 2016-2022
timeframe in accordance with specific program requirements that are
designed to achieve quantifiable, surplus, enforceable, and permanent
PM2.5 emission reductions in the Plumas County NAA. The
program requirements ensure, among other things, that older, dirtier
wood stoves currently in operation in the Plumas County NAA will be
replaced with EPA-certified wood stoves or other less-polluting
devices. The woodstove change-out program is funded by the EPA's 2015
Targeted Air Shed Grant Program, the NSAQMD, and other agencies and is
the primary control strategy in California's attainment plan for the
2012 PM2.5 NAAQS in the Plumas County NAA.
    The enforceable commitment obligates the NSAQMD to achieve specific
amounts of PM2.5 emission reductions through implementation
of the woodstove change-out program by specific years, to submit annual
reports to the EPA detailing its implementation of the program and the
projected emission reductions, and to adopt and submit substitute
measures by specific dates if the EPA determines that the woodstove
change-out program will not achieve the necessary emission reductions.
The EPA's technical support document (TSD) has more information about
this measure.
    We intend to evaluate California's PM2.5 attainment plan
for the Plumas County NAA as a whole through a subsequent notice-and-
comment rulemaking action.

II. The EPA's Evaluation and Proposed Action

A. How is the EPA evaluating the measure?

    Generally, SIP control measures must be enforceable (see CAA
section 110(a)(2)), must not interfere with applicable requirements
concerning attainment and reasonable further progress or other CAA
requirements (see CAA section 110(l)), and must not modify certain SIP
control requirements in nonattainment areas without ensuring equivalent
or greater emissions reductions (see CAA section 193).
    The CAA explicitly provides for the use of economic incentive
programs (EIPs) as one tool for states to use to achieve attainment of
the NAAQS (see, e.g., CAA sections 110(a)(2)(A), 172(c)(6), and
183(e)(4)). EIPs use market-based strategies to encourage the reduction
of emissions from stationary, area, and mobile sources in an efficient
manner. EPA has promulgated regulations for statutory EIPs required
under section 182(g) of the Act and has issued guidance for
discretionary EIPs (see 59 FR 16690 (April 7, 1994), codified at 40 CFR
part 51, subpart U and U.S. EPA, ``Improving Air Quality with Economic
Incentive Programs,'' January 2001 (``2001 EIP Guidance'')).\1\
---------------------------------------------------------------------------

    \1\ A ``discretionary economic incentive program'' is ``any EIP
submitted to the EPA as an implementation plan revision for purposes
other than to comply with the statutory requirements of sections
182(g)(3), 182(g)(5), 187(d)(3), or 187(g) of the Act.'' 40 CFR
51.491.
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    EPA's guidance documents addressing EIPs and other nontraditional
programs provide for some flexibility in meeting established SIP
requirements for enforceability and quantification of emission
reductions, provided the State takes clear responsibility for ensuring
that the emission reductions necessary to meet applicable CAA
requirements are achieved. Accordingly, EPA has consistently stated
that nontraditional emission reduction measures submitted to satisfy
SIP requirements under the Act must be accompanied by appropriate
``enforceable commitments'' from the State to monitor emission
reductions achieved and to rectify shortfalls in a timely manner (see,
e.g., U.S. EPA, ``Incorporating Emerging and Voluntary Measures in a
State Implementation Plan (SIP),'' September 2004 (``2004 Emerging and
Voluntary Measures Guidance'') at pages 8-12 and U.S. EPA, ``Guidance
for Quantifying and Using Emission Reductions from Voluntary Woodstove
Changeout Programs in State Implementation Plans,'' January 2006
(``2006 Woodstove Guidance'') at page 7). The EPA has also consistently
stated that, where a State intends to rely on a nontraditional program
to satisfy CAA requirements, the State must demonstrate that the
program achieves emission reductions that are quantifiable, surplus,
enforceable, and permanent (see, e.g., 2001 EIP Guidance at Section 4.1
and 2006 Woodstove Guidance at 3-4).
    Guidance documents that we use to evaluate discretionary EIPs and
other nontraditional emission reduction programs include the following:
     ``Improving Air Quality with Economic Incentive Programs''
January 2001 (EPA-452/R-01-001) (``2001 EIP Guidance'').
     ``Incorporating Emerging and Voluntary Measure in a State
Implementation Plan (SIP),'' Stephen D. Page, OAQPS, October 4, 2004
(``2004 Emerging and Voluntary Measures Guidance'').
     ``Guidance on Incorporating Bundled Measures in a State
Implementation Plan,'' Stephen D. Page, OAQPS, and Margo Oge, OTAQ,
August 16, 2005 (``2005 Bundled Measures Guidance'').
     ``Guidance for Quantifying and Using Emission Reductions
from Voluntary Woodstove Changeout Programs in State Implementation
Plans,'' January 2006 (EPA-456/B-06-001) (``2006 Woodstove Guidance'').

B. Does the measure meet the evaluation criteria?

    The submitted commitment contains clear, nondiscretionary and
mandatory obligations that are enforceable against the NSAQMD and
ensure that information about the emission reductions achieved through
the woodstove change-out program will be readily available to the
public through the NSAQMD's submission of annual reports to the EPA.
Our approval of this commitment would make these obligations
enforceable by the EPA and by citizens under the CAA. The commitment
obligates the District to implement a new program that achieves
quantifiable, surplus, permanent, and enforceable PM2.5
emission reductions and does not alter any existing SIP requirements.
Our approval of the commitment into the SIP would strengthen the SIP
and would not interfere with applicable requirements concerning
attainment and reasonable further progress or other CAA requirements,
consistent with the requirements of CAA section 110(l). Section 193 of
the CAA does not apply

to this action because this measure does not modify any SIP control
requirement that was in effect before November 15, 1990.
    We are proposing to find that the submitted measure satisfies CAA
requirements for enforceability, SIP revisions, and nontraditional
emission reduction programs as interpreted in EPA guidance documents.
The TSD contains more information on our evaluation of this measure.

C. Public Comment and Proposed Action

    The EPA proposes to fully approve the submitted measure under CAA
section 110(k)(3) based on a conclusion that the measure satisfies all
applicable requirements. We will accept comments from the public on
this proposal until January 26, 2018. If we take final action to
approve the submitted measure, our final action will incorporate this
measure into the federally enforceable SIP.

III. Incorporation by Reference

    In this action, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the NSAQMD measure described in Table 1 of this preamble. The
EPA has made, and will continue to make, these materials available
through www.regulations.gov and at the EPA Region IX Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely proposes to approve state law
as meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed 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 Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation
land or in any other area where the EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.

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

    Dated: December 14, 2017.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-27950 Filed 12-26-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Notices]
[Pages 24148-24149]
[FR Doc No: 2016-09453]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77650; File No. SR-Phlx-2016-49]

Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Delete Obsolete
Rules

April 19, 2016.
    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 April 8, 2016, NASDAQ PHLX LLC (``Phlx'' 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 delete Rule 971, entitled ``Termination of
Memberships and Equity Trading Permits and Leases and A-B-C Agreements
Relating to Memberships and ETP Use Agreements,'' to delete Rule 972,
entitled ``Continuation of Status After the NASDAQ OMX Merger,'' and to
make conforming changes to other rules. The text of the proposed rule
change is available on the Exchange's Web site at http://www.nasdaqtrader.com/micro.aspx?id=PHLXRulefilings, 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
    The Exchange proposes to delete certain Phlx rules in order to
remove outdated material from the Exchange's Rulebook. Specifically,
the Exchange proposes to delete Rule 971, entitled ``Termination of
Memberships and Equity Trading Permits and Leases and A-B-C Agreements
Relating to Memberships and ETP Use Agreements''; and Rule 972,
entitled ``Continuation of Status After the NASDAQ OMX Merger.'' The
Exchange also proposes to make conforming changes to rules that
reference the rules that are being deleted.
    Rule 971 pertained to the demutualization of the Exchange in 2004.
As provided in the rule, demutualization resulted in the termination of
memberships and equity trading permits (``ETP''),\3\ as well as leases
and ``A-B-C Agreements'' relating to memberships and ``ETP Use
Agreements.'' \4\ As a result of demutualization, the Exchange moved
from a seat-based model of membership, under which memberships were
limited in number, to a model under which status as a member
organization and associated trading privileges were available to any
broker-dealer qualified under the Exchange's rules. To assist in the
effectuation of this change, Rule 971 made it clear that all rights
existing under the former model were being terminated. Since the rule
fully achieved its purpose at the time of demutualization 2004, the
Exchange believes that maintaining the rule in the Exchange's rulebook
is no longer necessary.
---------------------------------------------------------------------------

    \3\ ETPs were rights created by the rules of the Exchange that
provided the ability to transact cash equities through the exchange
but without having the ownership rights associated with membership.
    \4\ Leases reflected the ownership interest of a member in the
exchange prior to demutualization. A-B-C Agreements allowed a member
of the exchange, a natural person associated with the broker-dealer,
to contribute the use of the membership to the broker-dealer with
which he or she was associated. Similarly, ETP Use Agreements
allowed an individual ETP holder to contribute its use to the
broker-dealer with which he or she was associated.
---------------------------------------------------------------------------

    Rule 972 pertains to the merger in 2008 through which The NASDAQ
OMX Group, Inc. (since, renamed Nasdaq, Inc.) acquired ownership of the
Exchange. The rule provides that the status of members, inactive
nominees, and member organizations under Exchange rules would not be
affected by the acquisition, and that likewise any existing suspension
would not be affected. Since the rule fully achieved its purpose at the
time of the acquisition of the Exchange in 2008, the Exchange believes
that maintaining the rule in the Exchange's rulebook is no longer
necessary.
    The Exchange is also amending Rules 908 (``Rights and Privileges of
A-1 Permits'') and 3202 (``Application of Other Rules of the
Exchange'') to remove references to Rule 972, and amending Rule 900
(``Administration of Rules by Membership Department'') to remove
references to Rules 971 and 972.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\5\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\6\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, to
remove impediments to and perfect the

mechanism of a free and open market and a national market system and,
in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that Rules 971 and 972 are no longer
necessary, since they were fully effective [sic] at the time of the
Exchange's demutualization and its acquisition by The NASDAQ OMX Group,
Inc., respectively. Accordingly, removing the rules from the Exchange's
rulebook will perfect the mechanism of a free and open market by
eliminating rules that are unnecessary and potentially confusing to
member organizations.

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

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act. The Exchange's proposed amendments seek to delete certain
obsolete rules. Because the change will not alter the rights or
obligations of member organizations in any respect, the Exchange
believes that the change will not affect competition in any respect.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \7\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\8\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(a)(iii).
    \8\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved. The Exchange has
provided the Commission written notice of its intent to file the
proposed rule change, along with a brief description and text of the
proposed rule change, at least five business days prior to the date of
filing of the proposed rule change.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2016-49 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2016-49. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
    Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2016-49 and should be
submitted on or before May 16, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Robert W. Errett,
Deputy Secretary.
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. 2016-09453 Filed 4-22-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Notices]
[Pages 62915-62917]
[FR Doc No: 2013-24647]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70652; File No. SR-NYSE-2013-66]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Amending Rule 2 To Specify That the Definition of an Approved Person
Does Not Include a Governmental Entity and Amending Rule 304 To Provide
That If a Governmental Entity Directly or Indirectly Owns a Member
Organization, Then the Member Organization Must Identify Such
Governmental Entity to The Exchange

October 10, 2013.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on September 26, 2013, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend Rule 2 to specify that the
definition of an approved person does not include a governmental entity
and amend Rule 304 to provide that if a governmental entity directly or
indirectly owns a member organization, then the member organization
must identify such governmental entity to the Exchange. The text of the
proposed rule change is available on the Exchange's Web site at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 2 to specify that the
definition of an approved person does not include a governmental entity
and amend Rule 304 to provide that if a governmental entity directly or
indirectly owns a member organization, then the member organization
must identify such governmental entity to the Exchange.
    Under Rule 2(b)(i), a ``member organization'' is defined as a
registered broker-dealer that has been approved for membership on NYSE.
To qualify as a member organization, a broker-dealer must be a member
of either (i) the Financial Industry Regulatory Authority, Inc.
(``FINRA'') or (ii) a registered securities exchange other than NYSE.
Under Rule 2(c), an approved person of a member organization is defined
as a person, other than a member, principal executive or employee of a
member organization, who controls a member organization, is engaged in
a securities or kindred business that is controlled by a member or
member organization, or is a U.S.-registered broker-dealer under common
control with a member organization. Under Rule 2(d), ``control'' means
the power to direct or cause the direction of the management or
policies of a person whether through ownership of securities, by
contract or otherwise. A person is presumed to control another person
if such person, directly or indirectly, (i) has the right to vote 25
percent or more of the voting securities, (ii) is entitled to receive
25 percent or more of the net profits, or (iii) is a director, general
partner or principal executive (or person occupying a similar status or
performing similar functions) of the other person.\4\
---------------------------------------------------------------------------

    \4\ The Exchange notes that the approved person definition is an
Exchange convention and is not intended to be identical to the
definition of ``associated person'' pursuant to Section 3(a)(18) of
the Act. See 15 U.S.C. 78c(a)(18).
---------------------------------------------------------------------------

    Rule 304 provides that a member organization must identify each
approved person to the Exchange. Each approved person must execute a
written consent to the jurisdiction of the Exchange and agree to (1)
supply the Exchange with information relating to

the existence of any statutory disqualification to which the approved
person or any person associated with the approved person may be
subject, as defined in the Act; (2) abide by such provisions of the
rules of the Exchange relating to approved persons as shall from time
to time be in effect; and (3) permit examination by the Exchange, or
any person designated by it, at any time or from time to time, of its
books and records to verify the accuracy of the information required to
be supplied herein and by the rules of the Exchange. Supplementary
Material .10 to Rule 304 sets forth certain additional requirements for
approved persons domiciled outside the United States.
    The Exchange recently received a membership application for a
broker-dealer that is an approved FINRA member; this broker-dealer has
an owner that is a governmental entity that indirectly controls the
broker-dealer and thus falls within the definition of approved person
under the Exchange's rules. This is the first time that the Exchange
has received a membership application presenting this ownership
structure. The Exchange notes that a governmental entity could be
either a direct or an indirect owner of a member organization, and by
virtue of its control, fall within the Exchange's definition of
approved person, although this result was not contemplated at the time
the definition was created. The Exchange does not believe that the
Exchange could, under conflict of laws, have jurisdiction over a
governmental entity and therefore requiring a governmental entity that
falls under the Exchange's definition of approved person to consent to
jurisdiction, as required by Rule 304, would not be possible. In light
of these conflicts and in the interest of providing better notice to
member organizations, the Exchange proposes to amend Rule 2(c) to
specifically exclude a governmental entity from the definition of
approved person. The proposed rule text would define governmental
entity as a sovereign nation, state, territory, or other political
subdivision, agency, or instrumentality thereof. While it is
unnecessary for a governmental entity to be deemed an approved person
under the Exchange's rules, the Exchange nonetheless wishes to have all
direct and indirect owners that control member organizations identified
to the Exchange. Therefore, the Exchange proposes to add new
Supplementary Material .20 to Rule 304 to specify that a member
organization that is directly or indirectly controlled by a
governmental entity as defined in Rule 2(c) is required to identify
such governmental entity to the Exchange.\5\
---------------------------------------------------------------------------

    \5\ The Exchange notes that irrespective of the proposed rule
change, under the Act, any person that directly or indirectly
controls a broker-dealer falls within the Act's definition of an
associated person, and that the Act defines the term ``person'' to
include a government or political subdivision, agency, or
instrumentality of a government. See 15 U.S.C. 78c(a)(9) and (18).
Nonetheless, neither the Act nor any rule thereunder requires a
direct or indirect owner of a broker-dealer to execute any type of
written consent to jurisdiction; only the broker-dealer itself does
so by virtue of executing and submitting the Form BD.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\6\ in general, and furthers the
objectives of Sections 6(b)(5) of the Act,\7\ in particular, because it
is designed to foster cooperation and coordination with persons engaged
in regulating transactions in securities, to remove impediments to, and
perfect the mechanisms of, a free and open market and a national market
system and, in general, to protect investors and the public interest.
The Exchange believes that the proposed rule change would remove
impediments to, and perfect the mechanisms of, a free and open market
and a national market system because the Exchange does not have
jurisdiction over governmental entities and therefore could not require
a governmental entity to execute a written consent to the Exchange's
jurisdiction and attempting to do so would serve no regulatory purpose.
The proposed rule change would take such conflicts of law rules into
account and provide better notice to member organizations about the
operation of the Exchange's rules. The proposed rule change would
protect investors and the public interest because a member organization
would be required to identify to the Exchange any governmental entity
that directly or indirectly controlled it. All other Exchange
membership requirements would remain applicable as would any other
Exchange rules that would apply to the member organization. For these
reasons, the Exchange believes that the proposal is consistent with the
Act.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    In accordance with Section 6(b)(8) of the Act,\8\ the Exchange
believes that the proposed rule change will not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. To the contrary, the Exchange would be at a
competitive disadvantage in the absence of a proposed rule change. As
noted above, the Exchange has a pending application for a member
organization that has a governmental entity as a controlling indirect
owner, and FINRA has already approved this broker-dealer for membership
under FINRA rules. By amending its rules so that this governmental
entity need not execute a written consent to jurisdiction under Rule
304, the Exchange can facilitate the approval of this broker-dealer as
its member too. The Exchange has not identified any other self-
regulatory organization that requires a direct or indirect owner of a
broker-dealer to execute a written consent to jurisdiction.
---------------------------------------------------------------------------

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

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
Because the proposed rule change does not: (i) significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \11\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\12\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing.
---------------------------------------------------------------------------

    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if

it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \13\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2013-66 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-NYSE-2013-66. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Section, 100 F Street NE.,
Washington, DC 20549-1090. Copies of the filing will also be available
for Web site viewing and printing at the NYSE's principal office and on
its Internet Web site at www.nyse.com. All comments received will be
posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2013-66 and should be submitted on
or before November 12, 2013.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-24647 Filed 10-21-13; 8:45 am]
BILLING CODE 8011-01-P