[Federal Register Volume 78, Number 18 (Monday, January 28, 2013)]
[Notices]
[Pages 5821-5822]
[FR Doc No: 2013-01631]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2013-0002]

Final Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final Notice.

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SUMMARY: Flood hazard determinations, which may include additions or
modifications of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where
applicable, in the supporting Flood Insurance Study (FIS) reports have
been made final for the communities listed in the table below.
    The FIRM and FIS report are the basis of the floodplain management
measures that a community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the Federal Emergency Management Agency's (FEMA's)
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report are used by insurance agents and others to calculate appropriate
flood insurance premium rates for buildings and the contents of those
buildings.

DATES: The effective date of May 16, 2013 which has been established
for the FIRM and, where applicable, the supporting FIS report showing
the new or modified flood hazard information for each community.

ADDRESSES: The FIRM, and if applicable, the FIS report containing the
final flood hazard information for each community is available for
inspection at the respective Community Map Repository address listed in
the tables below and will be available online through the FEMA Map
Service Center at www.msc.fema.gov by the effective date indicated
above.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the new or
modified flood hazard information for each community listed.
Notification of these changes has been published in newspapers of local
circulation and ninety (90) days have elapsed since that publication.
The Deputy Associate Adminstrator for Mitigation has resolved any
appeals resulting from this notification.
    This final notice is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the new or revised FIRM and FIS report available at the address
cited below for each community or online through the FEMA Map Service
Center at www.msc.fema.gov.
    The flood hazard determinations are made final in the watersheds
and/or communities listed in the table below.
    I. Non-watershed-based studies:

------------------------------------------------------------------------
              Community                 Community map repository address
------------------------------------------------------------------------
             Greene County, Arkansas, and Incorporated Areas
                         Docket No.: FEMA-B-1243
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City of Paragould....................  City Hall, 301 West Court Street,
                                        Paragould, AR 72450.
Unincorporated Areas of Greene County  Greene County Courthouse, 306
                                        West Court Street, Paragould, AR
                                        72450.
------------------------------------------------------------------------
            Curry County, New Mexico, and Incorporated Areas
                         Docket No.: FEMA-B-1242
------------------------------------------------------------------------
City of Clovis.......................  Administrative Office, 321 North
                                        Connelly Street, Clovis, NM
                                        88101.
Unincorporated Areas of Curry County.  Curry County Administrative
                                        Office, 700 North Main Street,
                                        Clovis, NM 88101.
------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

James A. Walke,
Acting Deputy Associate Administrator for Mitigation, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2013-01631 Filed 1-25-13; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Rules and Regulations]
[Pages 69668-69677]
[FR Doc No: 2016-24333]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 216

[Docket No. FDA-1999-N-0194 (Formerly 99N-4490)]
RIN 0910-AH08

Additions and Modifications to the List of Drug Products That
Have Been Withdrawn or Removed From the Market for Reasons of Safety or
Effectiveness

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) is
amending its regulations to revise the list of drug products that have
been withdrawn or removed from the market because the drug products or
components of such drug products have been found to be unsafe or not
effective. Drugs appearing on this list may not be compounded under the
exemptions provided by sections 503A and 503B of the Federal Food,
Drug, and Cosmetic Act (the FD&C Act). Specifically, the rule adds 24
entries to this list of drug products, modifies the description of one
entry on this list, and revises the list's title and introductory
language. These revisions are necessary because information has come to
the Agency's attention since March 8, 1999, when FDA published the
original list as a final rule.

DATES: This rule is effective November 7, 2016.

FOR FURTHER INFORMATION CONTACT: Edisa Gozun, Center for Drug
Evaluation and Research (HFD-310), Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 51, Rm. 5199, Silver Spring, MD 20993-0002,
301-796-3110.

SUPPLEMENTARY INFORMATION:

`Table of Contents
Executive Summary
    Purpose of the Regulatory Action
    Summary of the Major Provisions of the Regulatory Action in
Question
    Costs and Benefits
I. Background: The Provisions of 503A and 503B Pertaining to the
Withdrawn or Removed List
II. Proposed Rule and Final Rule
    A. The Proposed Rule
    B. Presentation to the Advisory Committee
    C. The Final Rule
III. Comments on the Proposed Rule and FDA's Responses
    A. Comments on Proposed Entries for Inclusion on the List
    B. Comments on Other Issues
    C. Comments on Updating the List
    D. Miscellaneous Comments
IV. Legal Authority
V. Analysis of Environmental Impact
VI. Economic Analysis of Impacts
VII. Paperwork Reduction Act of 1995
VIII. Federalism
IX. References

Executive Summary

Purpose of the Regulatory Action

    FDA is amending its regulations to revise the list of drug products
that have been withdrawn or removed from the market because the drug
products or components of such drug products have been found to be
unsafe or not effective (referred to as ``the withdrawn or removed
list'' or ``the list'') (Sec.  216.24 (21 CFR 216.24)). Drugs appearing
on the withdrawn or removed list may not be compounded under the
exemptions provided by sections 503A and 503B of the FD&C Act. In this
final rulemaking, the Agency is finalizing in part the proposed
amendments to Sec.  216.24 set forth in the proposed rule published in
the Federal Register of July 2, 2014 (79 FR 37687).
    Section 503A of the FD&C Act (21 U.S.C. 353a) refers to a list
published by the Secretary of Health and Human Services in the Federal
Register of drug products that have been withdrawn or removed from the
market because such drug products or components of such drug products
have been found to be unsafe or not effective. Furthermore, section
503A(c)(1) of the FD&C Act states that the Secretary shall issue
regulations to implement section 503A and that before issuing
regulations to implement section 503A(b)(1)(C) pertaining to the
withdrawn or removed list, among other sections, the Secretary shall
convene and consult an advisory committee on compounding unless the
Secretary determines that the issuance of such regulations before
consultation is necessary to protect the public health.
    In addition, section 503B of the FD&C Act (21 U.S.C. 353b) refers
to a list published by the Secretary of drugs that have been withdrawn
or removed from the market because such drugs or components of such
drugs have been found to be unsafe or not effective.
    After soliciting public comments and consulting with the Pharmacy
Compounding Advisory Committee (Advisory Committee), FDA is issuing
this final rule revising and updating the list in Sec.  216.24 for
purposes of both sections 503A and 503B of the FD&C Act. FDA may update
this list in the future as necessary when information comes to the
Agency's attention indicating that changes to the list are needed.

Summary of the Major Provisions of the Regulatory Action in Question

    The final rule: (1) Adds 24 entries to the list of drug products in
Sec.  216.24 that cannot be compounded for human use under the
exemptions provided by either section 503A or 503B of the FD&C Act
because they have been withdrawn or removed from the market because
such drug products or components of such drug products have been found
to be unsafe or not effective, (2) modifies one entry already on the
list to add an exception that allows a drug product to be compounded
under certain circumstances, and (3) modifies the title of part 216 and
the introductory text of Sec.  216.24.

Costs and Benefits

    The Agency is not aware of any routine compounding for human use of
the drug products that are the subject of this rule, and therefore does
not estimate any compliance costs or loss of sales as a result of
finalizing regulations making these drugs ineligible for exemptions
under sections 503A and 503B of the FD&C Act. The Agency has determined
that this rule is not a significant regulatory action as defined by
Executive Order 12866.

I. Background: The Provisions of 503A and 503B Pertaining to the
Withdrawn or Removed List

    Section 503A of the FD&C Act describes the conditions that must be
satisfied for human drug products compounded by a licensed pharmacist
or licensed physician to be exempt from the following three sections of
the FD&C Act: (1) Section 501(a)(2)(B) (21 U.S.C. 351(a)(2)(B))
(concerning current good manufacturing practice); (2) section 502(f)(1)
(21 U.S.C. 352(f)(1)) (concerning the labeling of drugs with adequate
directions for use); and (3) section 505 (21 U.S.C. 355) (concerning
the approval of drugs under new drug applications (NDAs) or abbreviated
new drug applications (ANDAs)).
    Section 503B of the FD&C Act created a new category of
``outsourcing facilities.'' Outsourcing facilities, as defined in
section 503B of the FD&C Act, are facilities that meet certain
conditions described in section 503B, including registering with FDA as
an outsourcing facility. If these conditions are satisfied, a drug
compounded for human use by or under the direct supervision of a
licensed pharmacist in an outsourcing facility is exempt from three
sections of the FD&C Act: (1) Section 502(f)(1), (2) section 505, and
(3) section 582 (21 U.S.C. 360eee-1) (concerning drug supply chain
security), but not from section 501(a)(2)(B).
    One of the conditions that must be satisfied to qualify for the
exemptions under both sections 503A and 503B of the FD&C Act is that
the compounder does not compound a drug product that appears on a list
published by the Secretary of drug products that have been withdrawn or
removed from the market because such drug products or components of
such drug products have been found to be unsafe or not effective
(withdrawn or removed list) (see sections 503A(b)(1)(C) and 503B(a)(4)
of the FD&C Act).

II. Proposed Rule and Final Rule

A. The Proposed Rule

    In the Federal Register of July 2, 2014, FDA proposed to revise the
list of drug products that have been withdrawn or removed from the
market because the drug products or components of such drug products
have been found to be unsafe or not effective (the July 2014 proposed
rule). Drugs appearing on this list may not be compounded under the
exemptions provided by sections 503A and 503B of the FD&C Act.
Specifically, FDA proposed to add 25 entries to this list of drug
products and to modify the description of one entry on this list to add
an exception for products compounded under certain circumstances. The
preamble of the proposed rule explained that these revisions are
necessary to ensure the list of drug products in Sec.  216.24 reflects
information that has come to the Agency's attention since FDA published
the original list in the 1999 final rule. Given that nearly identical
criteria apply for a drug product to be included on the list referred
to in section 503A(b)(1)(C) and the list referred to in section
503B(a)(4) of the FD&C Act, FDA proposed revising and updating the list
at Sec.  216.24 for purposes of both sections 503A and 503B.

    As with the original list, the primary focus of the July 2014
proposed rule and this final rule is on drug products that have been
withdrawn or removed from the market because they have been found to be
unsafe. FDA may propose at a later date to add other drug products to
the list that have been withdrawn or removed from the market because
they have been found to be not effective, or to update the list as
information becomes available to the Agency regarding products that
were withdrawn or removed from the market because they have been found
to be unsafe.
    In the preamble of the July 2014 proposed rule, FDA also invited
comments on the appropriate procedure to update the list in the future.
FDA described the provisions of sections 503A and 503B of the FD&C Act
regarding how the Agency is to create and update the list, and noted
the differences between the procedures set forth in sections 503A and
503B. The Agency explained that it believes that the timely sharing of
information about safety concerns relating to compounding drugs for
human use is essential to the protection of public health. FDA also
explained that it is concerned that consulting with the Advisory
Committee and completing the rulemaking process are likely to
contribute to substantial delay in updating the list to reflect current
safety information. FDA therefore announced that the Agency was seeking
an alternative procedure to update the withdrawn or removed list in the
future and solicited public comment. FDA also stated that it would
specify in the final rule the procedure it will use to update the list
in the future.

B. Presentation to the Advisory Committee

    At a meeting held on February 23 and 24, 2015 (see the Federal
Register of January 26, 2015 (80 FR 3967)), FDA presented to the
Advisory Committee the 25 entries it proposed to include on the list
and the proposed modification to the listing for one entry. The
Advisory Committee voted in favor of including each drug product entry
on the list as proposed by FDA. In addition, because FDA had received a
comment on the July 2014 proposed rule requesting that FDA clarify the
entry for adenosine phosphate, FDA presented a potential modification
to the Advisory Committee and the Committee voted in favor of the
modification.

C. The Final Rule

1. List of Drug Products
    The Agency has considered the record of the February 2015 Advisory
Committee deliberations, that Advisory Committee's votes, and the
comments submitted on the July 2014 proposed rule (see section III).
Based on the information before FDA and its own knowledge and
expertise, FDA is:
     Adding 24 entries to the withdrawn or removed list in
Sec.  216.24 as written in the proposed rule; and
     Modifying the description of one drug product entry
already on this list, bromfenac sodium, to add an exception when the
product is compounded under certain circumstances as written in the
proposed rule.

At this time, FDA is not finalizing the entry in the proposed rule for
all extended-release drug products containing oxycodone hydrochloride
that have not been determined by FDA to have abuse-deterrent
properties. The addition of an entry to the withdrawn or removed list
for oxycodone hydrochloride remains under consideration by FDA.
2. A Single Withdrawn or Removed List Will Apply for the Purposes of
Both Sections 503A and 503B
    Given that nearly identical criteria apply for a drug to be
included on the list referred to in section 503A(b)(1)(C) and the list
referred to in section 503B(a)(4) of the FD&C Act, FDA is revising and
updating the list at Sec.  216.24 for purposes of both sections 503A
and 503B. The list in Sec.  216.24 applies to compounders seeking to
qualify for the exemptions under section 503A and outsourcing
facilities seeking to qualify for the exemptions under section 503B.
Drug products that appear on this list have been withdrawn or removed
from the market because they have been found to be unsafe or not
effective and may not be compounded for human use under the exemptions
provided by either section 503A or 503B of the FD&C Act.
3. Procedure for Updating the List Going Forward
    After consideration of the comments submitted on the July 2014
proposed rule (see section III of this document), at this time FDA
intends to continue updating the list through notice and comment
rulemaking, and we are therefore not proposing or adopting an
alternative process with the publication of this final rule. We
recognize that adding drug products to the list may limit their
availability, and the notice and comment process informs interested
members of the public of how the Agency proposes to revise the list and
gives them an opportunity to contribute to the process. Additionally,
we intend to create a Web page, described in more detail in the
paragraphs that follow, that contains information about any drugs that
we are considering proposing or that we have proposed for addition to
the withdrawn or removed list. We believe that the Web page will be a
valuable source of timely information for patients, prescribers, and
compounders.
    In the following paragraphs, FDA discusses its current thinking
about the procedures we intend to use to revise the withdrawn or
removed list as needed. This discussion does not create rights or
impose binding obligations on the Agency. In section III, we respond
further to specific comments about whether the Agency should adopt
alternative procedures.
    We intend to propose regulations to revise the withdrawn or removed
list periodically, as appropriate, as we identify drugs that we
tentatively determine should be listed. We would also propose
regulations when we tentatively determine that changes to the status of
drug products already on the list should result in a revision to their
listing, for example, if some version of a drug on the list has been
approved for marketing. As FDA identifies drugs that it is considering
for a future rule proposal, we intend to collect and post together on a
single page of the Agency's Web site relevant information about those
drugs. The information may include, for example, Federal Register
notices announcing withdrawal of approval of a drug application and
accompanying safety communications or information, Federal Register
notices announcing an Agency determination that a drug product was
removed from sale for reasons of safety or effectiveness, or other
relevant FDA Alerts, FDA Drug Safety Communications, FDA News Releases,
Public Health Advisories, Dear Healthcare Practitioner Letters, Citizen
Petitions, and Sponsor Letters.
    If FDA determines that issuing proposed and then final regulations
to add a drug product to the withdrawn or removed list before
consulting the Advisory Committee is necessary to protect the public
health, then it will do so as permitted under section 503A(c)(1) of the
FD&C Act. Based on the Agency's experience to date, we expect that this
will rarely be necessary, and that we will instead generally consult
the Advisory Committee before adding a drug product to the withdrawn or
removed list.

    When FDA consults the Advisory Committee in the ordinary course,
FDA may issue a proposed rule announcing proposed updates to the list
prior to convening the Advisory Committee, or it may convene the
Advisory Committee first to discuss potential updates and then publish
a proposed rule. The order will depend on the timing of the Advisory
Committee meetings, the priority of matters that may be brought before
the Advisory Committee, and the status of other compounding-related
rulemakings. There are numerous steps that must be completed before
holding an FDA advisory committee meeting, which make it difficult to
schedule a meeting on short notice. For instance: (1) Meeting
participants must be contacted to determine their availability, and
travel and lodging arrangements must be made; (2) conflict of interest
screening and review must be completed before an advisory committee
member can participate in a particular matter; (3) a Federal Register
notice must be published for each meeting to announce to the public
that a meeting will be held, and it must generally be published no
later than 15 days prior to the meeting; (4) a meeting location must be
secured; (5) meeting materials for the committee must be compiled for
committee members, and a redacted version must be created for posting
on the FDA Web site; numerous other logistical steps must be completed.
    Regardless of the order in which FDA holds the Advisory Committee
meeting and issues a proposed rule, and with the exception noted
previously of the likely to be rare instances where FDA determines that
it is necessary to revise the list in Sec.  216.24 prior to
consultation with the Advisory Committee to protect the public health,
FDA will only finalize any additions or modifications to the list after
consulting the Advisory Committee about the relevant drug or drugs, and
after FDA has provided an opportunity for public comments to be
submitted on the proposed rule. In addition to having an opportunity to
submit comments on any specific proposals to the docket of the proposed
rule, members of the public will also have an opportunity to comment on
any potential updates to the list at the Advisory Committee meetings as
well. An open public hearing session will be scheduled at each of these
meetings, during which interested persons will have an opportunity to
submit their views.
    In instances where FDA first consults the Advisory Committee about
a drug product and subsequently proposes regulations to update the list
with a new or modified entry for the drug product, FDA generally does
not expect to convene the Advisory Committee a second time before
deciding whether to finalize the entry. The Agency may bring the entry
back to the Advisory Committee if that is warranted. We do not expect
this will occur very often given the opportunity to submit views to the
Advisory Committee before the rule is proposed and as evidenced by the
fact that we received no comments on 25 of the 26 entries that were
proposed for addition or modification to the list in the July 2014
proposed rule.

III. Comments on the Proposed Rule and FDA's Responses

    Seven comments were submitted on the July 2014 proposed rule.
Comments were received from two pharmacists; two health professionals;
an organization representing health care practitioners, as well as food
and dietary supplement companies and consumer advocates; and two
organizations representing pharmacists. FDA has summarized and
responded to these comments in the following paragraphs.
    To make it easier to identify the comments and FDA's responses, the
word ``Comment,'' in parentheses, appears before the comment's
description, and the word ``Response,'' in parentheses, appears before
the Agency's response. We have numbered each comment to help
distinguish between different comments. Similar comments are grouped
together under the same number, and, in some cases, different subjects
discussed in the same comment are separated and designated as distinct
comments for purposes of FDA's response. The number assigned to each
comment or comment topic is purely for organizational purposes and does
not signify the comment's value or importance or the order in which the
comments were received.

A. Comments on Proposed Entries for Inclusion on the List

1. General
    (Comment 1) One comment supported the list in the proposed rule and
recommended that FDA finalize the list as soon as possible.
    (Response) FDA agrees with the comment.
2. Specific Drug Entries for Inclusion on the List
    a. Oral Chloramphenicol (Comment 2). FDA received one comment on
the proposal to include all oral drug products containing
chloramphenicol on the withdrawn or removed list. The comment requested
that FDA ``reconsider and reclassify Chloramphenicol 250 mg tablets
labeling for tropical [sic] medical use and packaging changes; rather
than withdraw from the marketplace for developing nations [World Health
Organization,] WHO list of drug use.'' The comment stated that
chloramphenicol 250 milligrams (mg) is used to control hemorrhagic
fever-like illnesses (e.g., Lassa Fever, Ebola) and also stated that
control and survival benefits outweigh the risks of thrombocytopenia
and aplastic anemia in the already anemic patient when used in the
short term appropriately.
    (Response) FDA disagrees with the suggested revisions. For the
reasons that follow, FDA will add all oral drug products containing
chloramphenicol to the list in Sec.  216.24.
    In the Federal Register of February 11, 2009 (74 FR 6896), FDA
announced that it was withdrawing approval of ANDA 60-591 for
Chloromycetin (chloramphenicol) Capsules 50 mg, 100 mg, and 250 mg,
effective March 13, 2009. Armenpharm, Ltd., submitted a citizen
petition dated February 7, 2011 (Docket No. FDA-2011-P-0081), under
Sec.  10.30 (21 CFR 10.30), requesting that the Agency determine
whether Chloromycetin (chloramphenicol) Capsules, 250 mg, were
withdrawn from sale for reasons of safety or effectiveness. After
considering the citizen petition, FDA determined that the drug product
was withdrawn for reasons of safety or effectiveness. With the approval
of additional therapies with less severe adverse drug effects, FDA
determined that the risks associated with Chloromycetin
(chloramphenicol) Capsules, 250 mg, as then labeled, outweighed the
benefits. Furthermore, Chloromycetin (chloramphenicol) Capsules, 250
mg, may cause a number of adverse reactions, the most serious being
bone marrow depression (anemia, thrombocytopenia, and granulocytopenia
temporally associated with treatment). Additionally, prior to the
removal of the capsule drug product from the market, a boxed warning in
the prescribing information for both chloramphenicol sodium succinate
injection and chloramphenicol capsules stated that serious hypoplastic
anemia, thrombocytopenia, and granulocytopenia are known to occur after
administration of chloramphenicol. The boxed warning also described
fatal aplastic anemia associated with administration of the drug and
aplastic anemia attributed to chloramphenicol that later terminated in
leukemia. There is published literature that suggests that the risk of
fatal aplastic anemia associated with the oral formulation of

chloramphenicol may be higher than the risk associated with the
intravenous formulation (see the Federal Register of July 13, 2012 (77
FR 41412)).
    In December 2015, FDA initiated the process to suspend
chloramphenicol ANDA 60-851, which was held by Armenpharm. FDA sent a
letter to Armenpharm notifying the company of the Agency's initial
determination that Chloromycetin (chloramphenicol) Capsules, 250 mg
were withdrawn for reasons of safety or effectiveness and of the
Agency's initial decision to suspend approval of ANDA 60-851 (See
Docket No. FDA-2011-P-0081). Under Sec.  314.153(b)(2) (21 CFR
314.153(b)(2)), Armenpharm had 30 days from that notification in which
to present written comments or information bearing on the initial
decision. On December 17, 2016, Armenpharm submitted comments
requesting an oral hearing under Sec.  314.153(b)(4). On March 17,
2016, however, Armenpharm withdrew its oral hearing request.
    FDA issued a notice in the Federal Register announcing the
suspension of ANDA 60-851 (see 81 FR 64914, September 21, 2016). In the
same notice, FDA announced the following drug products were withdrawn
from sale for reasons of safety or effectiveness: Chloromycetin
(chloramphenicol) Capsules, 50 mg and 100 mg; Amphicol
(chloramphenicol) Capsules, 100 mg; and Chloromycetin Palmitate
(chloramphenicol palmitate), oral suspension 150 mg/5 mL as currently
labeled.
    After reviewing the comment regarding the proposed oral
chloramphenicol entry, FDA reassessed whether to include oral
chloramphenicol on the list, and if so, how to describe the entry.
FDA's January 2015 review on oral chloramphenicol (available as Tab 8
of Ref. 1 of the briefing document for the February 2015 Advisory
Committee meeting) determined that oral chloramphenicol formulations,
regardless of the specific oral forms and strengths, are expected to
have a safety profile similar to that of chloramphenicol capsules, 250
mg. Furthermore, FDA's January 2015 review on oral chloramphenicol
noted that the Agency was not aware of any evidence that
chloramphenicol has antiviral activity against causative agents of
viral hemorrhagic fever, including Ebola. Chloramphenicol's mechanism
of antibacterial action is by binding to the 50S subunit of the
bacterial ribosome, a structure not found in viruses. Therefore, there
is no putative mechanism to expect antiviral activity.
    This FDA review on oral chloramphenicol was presented to the
Advisory Committee on February 23, 2015, and the Advisory Committee
voted in favor of the Agency's proposal to include all oral drug
products containing chloramphenicol on the list.
    b. Adenosine Phosphate (Comment 3). FDA received one comment asking
that FDA clarify whether the entry for adenosine phosphate that was
part of the original list finalized in 1999 is intended to include all
three forms of adenosine phosphate (mono-, di-, and triphosphate).
    (Response) For the reasons that follow, FDA declines to modify the
entry for adenosine phosphate on the list in Sec.  216.24 at this time.
    The preamble of the 1998 proposed rule to establish the original
list (see 63 FR 54082, October 8, 1998) stated that adenosine
phosphate, formerly marketed as a component of Adeno for injection,
Adco for injection, and other drug products, was determined to be
neither safe nor effective for its intended uses as a vasodilator and
an anti-inflammatory. FDA directed the removal of these drug products
from the market in 1973.
    After reviewing the comment to the docket of the July 2014 proposed
rule regarding the adenosine phosphate entry, FDA began to assess
whether to modify the adenosine phosphate entry and, if so, how.
    FDA prepared a review on adenosine phosphate (available as Tab 7 of
Ref. 1 of the briefing document for the February 2015 Advisory
Committee meeting) and consulted with the Advisory Committee on
February 23, 2015 on the comment, as discussed in section II.B.
    Ultimately, FDA determined that it is unnecessary to modify the
entry for adenosine phosphate on the list in Sec.  216.24 at this time.
None of the substances raised in the comment (adenosine 5'-
monophosphate (AMP), adenosine 5'-diphosphate (ADP), and adenosine 5'-
triphosphate (ATP)) satisfy the requirements for a bulk drug substance
that may be used in compounding under either section 503A or section
503B.\1\ Consequently, at this time, a drug product compounded with
AMP, ADP, or ATP would be ineligible for the exemptions provided under
either section 503A or section 503B.
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    \1\ These substances are not the subject of an applicable United
States Pharmacopeia or National Formulary monograph, a component of
an FDA-approved drug, on a list of bulk drug substances established
by FDA that may be used in compounding, or on a drug shortage list
in effect under section 506E of the FD&C Act (21 U.S.C. 356e). See
section 503A(b)(A)(i) and section 503B(a)(2)(A) of the FD&C Act.
---------------------------------------------------------------------------

    c. Propoxyphene. No comments were submitted regarding propoxyphene.
Since the time the proposed rule was published, however, FDA announced
in the Federal Register of September 12, 2014 (79 FR 54729) that it was
withdrawing approval of three propoxyphene products. The holders of the
applications for the three products had been given notice of
opportunity for a hearing in the Federal Register of March 10, 2014 (79
FR 13308) (the March 10, 2014, notice), and no timely request for a
hearing on the matter was received. In addition, FDA announced in the
Federal Register of April 15, 2016 (81 FR 22283), that it was
correcting a notice that appeared in the Federal Register of March 10,
2014 (79 FR 13308). The March 10, 2014, notice announced the withdrawal
of approval of 54 propoxyphene products with agreement from holders of
the affected applications. The April 15, 2016, notice added one
additional propoxyphene product, NDA 017507, held by Xanodyne
Pharmaceuticals, to the table of products for which approval was
withdrawn with agreement from the holders of the affected applications.

B. Comments on Other Issues

1. Ripeness of Proposed Rule
    (Comment 4) FDA received two comments suggesting that the issuance
of the July 2014 proposed rule was premature. The comments expressed
concern that FDA had proposed adding drug products to the previously
existing list of drug products withdrawn from the market for safety and
efficacy reasons without first obtaining input from the Advisory
Committee. One of the comments further suggested that the proposed rule
be withdrawn until such time as the drug products, proposed to be
added, could be reviewed by the Advisory Committee.
    (Response) FDA notes that the July 2014 Federal Register notice was
a notice of proposed rulemaking, not a final rule. Section 503A(c)(1)
of the FD&C Act states that before issuing regulations to implement
section 503A(b)(1)(C) pertaining to the withdrawn or removed rule
(among other sections), the Secretary shall convene and consult an
advisory committee on compounding unless the Secretary determines that
the issuance of such regulations before consultation is necessary to
protect the public health. The changes in a proposed rule are not
effective or implemented unless and until a proposed rule is finalized.
Because the Agency convened and

consulted the Advisory Committee on February 23, 2015, regarding each
of the amendments to the list we are finalizing in the present rule,
the Agency has satisfied the statutory requirements of section
503A(c)(1) of the FD&C Act.
2. Single List
    (Comment 5) One comment suggested that the Agency should finalize
its proposal to publish one list for both section 503A and section 503B
of the FD&C Act.
    (Response) FDA agrees with this comment.

C. Comments on Updating the List

    FDA received comments from five different submitters on the
procedure for updating the list.
    (Comment 6) FDA received two comments regarding a specific
alternative approach to the current process of issuing first a proposed
rule followed by a final rule before adopting any additions or
modifications to the list. One comment recommended use of an interim
final rule or final rule with comment to allow for the flexibility to
review public input, yet incorporate the latest safety information into
the practice of compounding. Another comment recommended that in
instances where public health may be of significant concern, the Agency
convene an emergency meeting of the Advisory Committee within 5
business days to obtain specific input and recommendations to the
Secretary for immediate inclusion of a drug product on the list.
    (Response) As noted previously in section II.C.3, there are
numerous steps that must be completed before holding an FDA advisory
committee meeting, which make it difficult to schedule a meeting on
short notice. In the likely to be rare instances where FDA determines
that it is necessary to revise the list in Sec.  216.24 prior to
consultation with the Advisory Committee to protect the public health,
FDA will add the drug to the list prior to consultation with the
Advisory Committee under section 503A(c)(1) of the FD&C Act.
    With respect to issuing interim final rules or final rules with
comment, the Agency's current thinking is that the process described in
section II.C.3 will allow the Agency to provide timely public notice of
emerging safety information and appropriate opportunity for interested
persons to comment before FDA revises the withdrawn or removed list.
    (Comment 7) FDA received a comment suggesting that upon receipt of
a notice to withdraw a product from the market for safety and efficacy
reasons by the NDA or ANDA holder, FDA inform the Advisory Committee
and include a review of that request on the Committee's next scheduled
meeting agenda.
    (Response) FDA does not agree that it should inform the Advisory
Committee when it is advised by an NDA or ANDA holder that the NDA or
ANDA holder has removed a drug from the market for safety or efficacy
reasons, or that such a drug should necessarily be included on the
Advisory Committee's next scheduled meeting agenda. FDA considers but
does not rely solely on an NDA or ANDA holder's assertions or
representations to determine whether a drug has been withdrawn or
removed from the market because it has been found to be unsafe or not
effective. Rather, the Agency considers a range of information before
the Agency, such as information provided by the NDA or ANDA holder,
information contained in the Agency's files, and the Agency's
independent evaluation of relevant literature and data on possible
postmarketing adverse events. When the Agency decides to propose a
change, it will proceed as described previously in section II.C. The
timing of any consultation with the Advisory Committee will also depend
on, among other things, the timing of the Advisory Committee meetings
and the relative priority of matters that may be brought before the
Advisory Committee.
    (Comment 8) Another comment recommended soliciting public input
specifically on how to incorporate the ``do not compound'' list when
publishing intent to withdraw a drug.
    (Response) FDA does not believe it is necessary or that it would be
efficient to separately solicit public input every time the Agency
publishes a notice in the Federal Register of its intent to withdraw
approval of a drug.
    When the Agency publishes a notice in the Federal Register of its
intent to withdraw approval of a drug, it does so to give a particular
party or parties notice and an opportunity for a hearing on the
proposed withdrawal. This process may or may not result in a withdrawal
of approval of the application, and even if the application is
withdrawn the reasons may not relate to the safety or efficacy of the
drug. Whether or how a drug should be included on the withdrawn or
removed list under sections 503A and 503B of the FD&C Act is a separate
question. In general, as discussed previously in this document in
section II.C.3, interested members of the public will have the
opportunity to review and comment on any proposals to add a drug to or
revise an entry for a drug already on the withdrawn or removed list.
    (Comment 9) FDA received several comments opposing any approach to
updating the withdrawn or removed list that would eliminate public
review from the process. One comment stated that FDA already has the
ability to remove from the market any drug that is dangerous and
claimed that this does not justify completely eliminating public
involvement in the process of making additions to the withdrawn or
removed list. Another suggested that additions and changes to the
withdrawn or removed list be made through notice and comment
rulemaking, observing that such a notice and comment period will allow
stakeholders to review FDA's safety and efficacy concerns for a
particular drug product prior to addition to the withdrawn or removed
list. One comment recommended incorporating public discussion about how
to address a drug on the list when convening a drug advisory committee.
One suggested all additions to the list go through an advisory
committee that is open to public comment. One suggested that no
revisions to the list occur without the input and review of the
Advisory Committee.
    (Response) We appreciate these comments, and as explained in
section II.C.3., at this time we have decided not to adopt or propose
an alternative process to notice and comment rulemaking for revising
the withdrawn or removed list. Additionally, FDA intends to consult the
Advisory Committee prior to placing a drug on the withdrawn or removed
list unless we determine that the issuance of such regulations before
consultation is necessary to protect the public health. These
procedures provide ample opportunity for public input regarding
additions or modifications to the list, including: (1) An opportunity
to present relevant information at an open public hearing held when the
Advisory Committee meets to consider proposed revisions to the list and
(2) an opportunity to submit comments on each proposed rule before it
is finalized.
    (Comment 10) One comment recommended that all drug products
currently on the list be reviewed by the Advisory Committee on an
annual basis to determine whether any change in therapy or use of those
drugs necessitates either removal or the clarification of certain
salts, dosage forms, or other clinical application to assure
accessibility of medications for patients.
    (Response) FDA has considered this comment and does not believe it
is necessary to require an annual review

by the Advisory Committee of all drug products on the list. Such a
review is not necessary, practical, or feasible. Once a drug has been
added to the list, FDA does not expect that there will frequently be a
need to revise the entry for that drug. FDA intends to monitor future
approvals, withdrawals, or removals of listed drugs, to consult other
relevant information that may suggest a need for revisions to the list,
and to propose modifications as appropriate. In addition, members of
the public can submit a citizen petition at any time under Sec.  10.30
requesting that FDA modify or remove an entry on the list (with
adequate data to support their request), and FDA will consider and
respond to the petition.
    (Comment 11) One comment recommended that FDA issue an annual
request in the Federal Register for submissions by the public of drug
products to be reviewed and considered for inclusion on the list,
inform the Advisory Committee of any submitted drug products, and
include a review of those submissions on the Advisory Committee's next
scheduled meeting agenda.
    (Response) FDA disagrees with the suggestion to issue an annual
request in the Federal Register for submissions by the public of drug
products to be reviewed and considered for inclusion on the list. We
welcome suggestions by the public of drug products to consider and
review for inclusion on the list, or of a modification to an entry in
the list, at any time through the citizen petition process (see
response to comment 10). We do not wish to restrict the submissions of
such suggestions to just once a year. FDA does intend to consult with
Advisory Committee as described in section II.C.3.

D. Miscellaneous Comments

    (Comment 12) One comment stated that nowhere within the proposed
rule is there a formal process for reviewing, updating, and informing
the compounding community of changes or updates to the list of drugs
withdrawn or removed from the market for safety and efficacy reasons.
The comment contends this is of grave concern to the pharmacy community
and one which must be addressed.
    (Response) FDA agrees that the compounding community should be
informed of and have an opportunity to review and comment on proposed
revisions to the list of drugs at Sec.  216.24, that have been
withdrawn or removed from the market because they have been found to be
unsafe or not effective. The process outlined in section II.C.3
provides notice and an opportunity to comment to the compounding
community and to the general public. Further, as noted elsewhere,
members of the compounding community and other members of the public
can submit a citizen petition at any time under Sec.  10.30, requesting
that FDA modify or remove an entry on the list (with adequate data to
support their request), and FDA will consider and respond to the
petition.
    (Comment 13) One comment suggested that the Secretary establish
minimum criteria that must be met before any drug product may be added
to the withdrawn or removed list.
    (Response) FDA disagrees with this comment. The criteria that must
be met to place a drug on the withdrawn or removed list are laid out in
the statute. Under sections 503A and 503B of the FD&C Act, drug
products on the withdrawn or removed list are those that have been
withdrawn or removed from the market because such drug products or
components of such drug products have been found to be unsafe or not
effective. At this time, FDA does not believe it would be helpful to
issue guidance or regulations to further define or interpret this
standard. Instead, FDA intends to discuss in any rulemaking the basis
for the Agency's proposal to add a drug product to the list or to
modify an entry on the list.
    (Comment 14) One comment observed that under both sections 503A and
503B of the FD&C Act, drugs may be added to the list if they have been
found to be not effective. The comment went on to note that without the
crucial check in the rulemaking process afforded by public review, FDA
would be able to ban from compounding any drug on the pretext of it
being ``not effective.''
    (Response) As described in section II.C.3, FDA intends to revise
the list by using notice-and-comment rulemaking and, generally, to
consult the Advisory Committee. Interested members of the public will
have the opportunity to submit their views through this process. In
addition, in the preamble to the July 2014 proposed rule, FDA observed
that as with the original list, the primary focus of the July 2014
proposed rule was on drug products that have been withdrawn or removed
from the market because they have been found to be unsafe. FDA further
stated that FDA may propose at a later date to add to the list other
drug products that have been withdrawn or removed from the market
because they have been found to be not effective, or to update the list
as information becomes available to the Agency regarding products that
have been removed from the market because they have been found to be
unsafe.
    (Comment 15) One comment suggested that when updating the list, a
process be considered by which FDA will consider exemptions (for
example, when a drug or drug component may be compounded for a specific
formulation, strength, or route of administration).
    (Response) FDA agrees that sometimes it may be appropriate to
except a specific formulation (including strength), dosage form, or
route of administration of a drug on the list. Indeed, as discussed
further in FDA's response to the following comment, FDA has already
engaged in this practice when it deems such exceptions appropriate.
Going forward, when FDA is considering an addition or modification to
the list, FDA will continue to consider the appropriateness of such
exceptions on a case-by-case basis.
    (Comment 16) One comment advised that ingredients should be banned
completely and absolutely with great caution.
    (Response) With respect to whether drugs on the withdrawn or
removed list may be used in compounding, as FDA indicated in the
preamble to the July 2014 proposed rule, most drugs on the list may not
be compounded in any form. There are, however, two categories of
exceptions. In the first category, a particular formulation,
indication, dosage form, or route of administration of a drug is
explicitly excluded from an entry on the list because an approved drug
containing the same active ingredient(s) has not been withdrawn or
removed from the market because it has been found to be unsafe or not
effective. For such drugs, the formulation, indication, dosage form, or
route of administration expressly excluded from the list may be
eligible for the exemptions provided in sections 503A and 503B of the
FD&C Act. In the second category, some drugs are listed only with
regard to certain formulations, concentrations, indications, routes of
administration, or dosage forms because they have been found to be
unsafe or not effective in those particular formulations,
concentrations, indications, routes of administration, or dosage forms.
    In addition, FDA notes that just because a drug is on the withdrawn
or removed list does not mean it is banned completely and absolutely
from compounding. In certain circumstances, if warranted, drugs that
have been withdrawn or removed from the market could be made available
for use under FDA regulations on expanded access at 21 CFR part 312,
subpart I. If conditions in the regulations are met, expanded access
programs allow the use of a drug

in a clinical setting to treat patients with a serious or immediately
life-threatening disease or a condition that has no comparable or
satisfactory alternative therapies to diagnose, monitor, or treat the
patient's disease or condition (see Guidance for Industry, Expanded
Access to Investigational Drugs for Treatment Use--Questions and
Answers (June 2016), available at: http://www.fda.gov/downloads/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/UCM351261.pdf).
    FDA will apply the statutory standard for placing drugs on the
withdrawn or removed list, and intends to follow the process described
in section II.C.3 to consult with the Advisory Committee and provide
the public with notice and opportunity for comment.

IV. Legal Authority

    Sections 503A and 503B of the FD&C Act provide the principal legal
authority for this final rule. As described in section I of this
document, section 503A of the FD&C Act describes the conditions that
must be satisfied for human drug products compounded by a licensed
pharmacist or licensed physician to be exempt from three sections of
the FD&C Act (sections 501(a)(2)(B), 502(f)(1), and 505). One of the
conditions that must be satisfied to qualify for the exemptions under
section 503A of the FD&C Act is that the licensed pharmacist or
licensed physician does not compound a drug product that appears on a
list published by the Secretary in the Federal Register of drug
products that have been withdrawn or removed from the market because
such drug products or components of such drug products have been found
to be unsafe or not effective (see section 503A(b)(1)(C) of the FD&C
Act). Section 503A(c)(1) of the FD&C Act also states that the Secretary
shall issue regulations to implement section 503A, and that before
issuing regulations to implement section 503A(b)(1)(C) pertaining to
the withdrawn or removed rule, among other sections, the Secretary
shall convene and consult an advisory committee on compounding unless
the Secretary determines that the issuance of such regulations before
consultation is necessary to protect the public health.
    Section 503B of the FD&C Act describes the conditions that must be
satisfied for a drug compounded for human use by or under the direct
supervision of a licensed pharmacist in an outsourcing facility to be
exempt from three sections of the FD&C Act (sections 502(f)(1), 505,
and 582). One of the conditions in section 503B of the FD&C Act that
must be satisfied to qualify for the exemptions is that the drug does
not appear on a list published by the Secretary of drugs that have been
withdrawn or removed from the market because such drugs or components
of such drugs have been found to be unsafe or not effective (see
section 503B(a)(4)). To be eligible for the exemptions in section 503B,
a drug must be compounded in an outsourcing facility in which the
compounding of drugs occurs only in accordance with section 503B,
including as provided in section 503B(a)(4).
    Therefore, sections 503A and 503B of the FD&C Act and our general
rulemaking authority in section 701(a) of the FD&C Act (21 U.S.C.
371(a)) together serve as our principal legal authority for this final
rule revising FDA's regulations on drug products withdrawn or removed
from the market because the drug product or a component of the drug
product have been found to be unsafe or not effective in Sec.  216.24.

V. Analysis of Environmental Impact

    FDA has determined under 21 CFR 25.30(h) that this action is of a
type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required.

VI. Economic Analysis of Impacts

    FDA has examined the impacts of the rule under Executive Order
12866, Executive Order 13563, the Regulatory Flexibility Act (5 U.S.C.
601-612) and the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
Executive Orders 12866 and 13563 direct Agencies to assess all costs
and benefits of available regulatory alternatives and, when regulation
is necessary, to select regulatory approaches that maximize net
benefits (including potential economic, environmental, public health
and safety, and other advantages; distributive impacts; and equity).
The Agency believes that this rule is not a significant regulatory
action as defined by Executive Order 12866.
    The Regulatory Flexibility Act requires Agencies to analyze
regulatory options that would minimize any significant impact of a rule
on small entities. Because small businesses are not expected to incur
any compliance costs or loss of sales due to this regulation, we
certify that this rule will not have a significant economic impact on a
substantial number of small entities.
    Section 202(a) of the Unfunded Mandates Reform Act of 1995 requires
that Agencies prepare a written statement, which includes an assessment
of anticipated costs and benefits, before issuing ``any rule that
includes any Federal mandate that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100,000,000 or more (adjusted annually for
inflation) in any one year.'' The current threshold after adjustment
for inflation is $146 million, using the most current (2015) Implicit
Price Deflator for the Gross Domestic Product. We do not expect this
rule to result in any 1-year expenditure that would meet or exceed this
amount.
    This rule amends Sec.  216.24 concerning human drug compounding.
Specifically, the rule adds to and modifies the list of drug products
that may not be compounded under the exemptions provided by sections
503A and 503B of the FD&C Act because the drug products have been
withdrawn or removed from the market because such drug products or
components of such drug products have been found to be unsafe or not
effective (see section II). The rule adds 24 entries to the list and
modifies the description of one drug entry on the list. The Agency is
not aware of any routine compounding of these drug products and,
therefore, does not estimate any compliance costs or loss of sales as a
result of the prohibition against compounding these drugs for human
use.
    Unless an Agency certifies that a rule will not have a significant
economic impact on a substantial number of small entities, the
Regulatory Flexibility Act requires Agencies to analyze regulatory
options to minimize any significant economic impact of a regulation on
small entities. Most pharmacies meet the Small Business Administration
definition of a small entity, which is defined as having annual sales
less than $25.5 million for this industry. The Agency is not aware of
any routine compounding of these drug products and does not estimate
any compliance costs or loss of sales to small businesses as a result
of the prohibition against compounding these drugs. Therefore, the
Agency certifies that this rule will not have a significant economic
impact on a substantial number of small entities.

VII. Paperwork Reduction Act of 1995

    The submission of comments on this rule were submissions in
response to a Federal Register notice, in the form of comments, which
are excluded from the definition of ``information'' under 5 CFR

1320.3(h)(4) of Office of Management and Budget regulations on the
Paperwork Reduction Act (i.e., facts or opinions submitted in response
to general solicitations of comments from the public, published in the
Federal Register or other publications, regardless of the form or
format thereof, provided that no person is required to supply specific
information pertaining to the commenter, other than that necessary for
self-identification, as a condition of the Agency's full consideration
of the comment). The rule contains no other collection of information.

VIII. Federalism

    FDA has analyzed this final rule in accordance with the principles
set forth in Executive Order 13132. FDA has determined that this final
rule does not contain policies that have substantial direct effects on
the States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Accordingly, the Agency concludes that
the rule does not contain policies that have federalism implications as
defined in the Executive order and, consequently, a federalism summary
impact statement is not required.

IX. References

    In addition to the references placed on display in the Division of
Dockets Management for the proposed rule under Docket No. FDA-1999-N-
0194 (formerly 99N-4490), the following reference is on display in the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, Rm. 1061, Rockville, MD 20852 under Docket No. FDA-
1999-N-0194 (formerly 99N-4490) and is available for viewing by
interested persons between 9 a.m. and 4 p.m., Monday through Friday; it
is also available electronically at http://www.regulations.gov. (FDA
has verified the Web site address in this reference section as of the
date this document publishes in the Federal Register, but Web sites are
subject to change over time.)

1. Briefing Information for the February 23-24, 2015, Meeting of the
Pharmacy Compounding Advisory Committee (available at http://www.fda.gov/AdvisoryCommittees/CommitteesMeetingMaterials/Drugs/PharmacyCompoundingAdvisoryCommittee/ucm433803.htm).

    For the convenience of the reader, the regulatory text of Sec.
216.24 provided with this final rule includes the drug products
described in this final rule and the drug products codified by the 1999
final rule.

List of Subjects in 21 CFR Part 216

    Drugs, Prescription drugs.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR part
216 is amended as follows:

PART 216--HUMAN DRUG COMPOUNDING

0
1. The authority citation for part 216 is revised to read as follows:

    Authority:  21 U.S.C. 351, 352, 353a, 353b, 355, and 371.

0
2. The heading for part 216 is revised to read as set forth above.

0
3. Section 216.24 is revised to read as follows:

Sec.  216.24  Drug products withdrawn or removed from the market for
reasons of safety or effectiveness.

    The following drug products were withdrawn or removed from the
market because such drug products or components of such drug products
have been found to be unsafe or not effective. The following drug
products may not be compounded under the exemptions provided by section
503A(a) or section 503B(a) of the Federal Food, Drug, and Cosmetic Act:
    Adenosine phosphate: All drug products containing adenosine
phosphate.
    Adrenal cortex: All drug products containing adrenal cortex.
    Alatrofloxacin mesylate: All drug products containing
alatrofloxacin mesylate.
    Aminopyrine: All drug products containing aminopyrine.
    Astemizole: All drug products containing astemizole.
    Azaribine: All drug products containing azaribine.
    Benoxaprofen: All drug products containing benoxaprofen.
    Bithionol: All drug products containing bithionol.
    Bromfenac sodium: All drug products containing bromfenac sodium
(except ophthalmic solutions).
    Butamben: All parenteral drug products containing butamben.
    Camphorated oil: All drug products containing camphorated oil.
    Carbetapentane citrate: All oral gel drug products containing
carbetapentane citrate.
    Casein, iodinated: All drug products containing iodinated casein.
    Cerivastatin sodium: All drug products containing cerivastatin
sodium.
    Chloramphenicol: All oral drug products containing chloramphenicol.
    Chlorhexidine gluconate: All tinctures of chlorhexidine gluconate
formulated for use as a patient preoperative skin preparation.
    Chlormadinone acetate: All drug products containing chlormadinone
acetate.
    Chloroform: All drug products containing chloroform.
    Cisapride: All drug products containing cisapride.
    Cobalt: All drug products containing cobalt salts (except
radioactive forms of cobalt and its salts and cobalamin and its
derivatives).
    Dexfenfluramine hydrochloride: All drug products containing
dexfenfluramine hydrochloride.
    Diamthazole dihydrochloride: All drug products containing
diamthazole dihydrochloride.
    Dibromsalan: All drug products containing dibromsalan.
    Diethylstilbestrol: All oral and parenteral drug products
containing 25 milligrams or more of diethylstilbestrol per unit dose.
    Dihydrostreptomycin sulfate: All drug products containing
dihydrostreptomycin sulfate.
    Dipyrone: All drug products containing dipyrone.
    Encainide hydrochloride: All drug products containing encainide
hydrochloride.
    Esmolol hydrochloride: All parenteral dosage form drug products
containing esmolol hydrochloride that supply 250 milligrams/milliliter
of concentrated esmolol per 10-milliliter ampule.
    Etretinate: All drug products containing etretinate.
    Fenfluramine hydrochloride: All drug products containing
fenfluramine hydrochloride.
    Flosequinan: All drug products containing flosequinan.
    Gatifloxacin: All drug products containing gatifloxacin (except
ophthalmic solutions).
    Gelatin: All intravenous drug products containing gelatin.
    Glycerol, iodinated: All drug products containing iodinated
glycerol.
    Gonadotropin, chorionic: All drug products containing chorionic
gonadotropins of animal origin.
    Grepafloxacin: All drug products containing grepafloxacin.
    Mepazine: All drug products containing mepazine hydrochloride or
mepazine acetate.
    Metabromsalan: All drug products containing metabromsalan.
    Methamphetamine hydrochloride: All parenteral drug products
containing methamphetamine hydrochloride.

    Methapyrilene: All drug products containing methapyrilene.
    Methopholine: All drug products containing methopholine.
    Methoxyflurane: All drug products containing methoxyflurane.
    Mibefradil dihydrochloride: All drug products containing mibefradil
dihydrochloride.
    Nitrofurazone: All drug products containing nitrofurazone (except
topical drug products formulated for dermatologic application).
    Nomifensine maleate: All drug products containing nomifensine
maleate.
    Novobiocin sodium: All drug products containing novobiocin sodium.
    Oxyphenisatin: All drug products containing oxyphenisatin.
    Oxyphenisatin acetate: All drug products containing oxyphenisatin
acetate.
    Pemoline: All drug products containing pemoline.
    Pergolide mesylate: All drug products containing pergolide
mesylate.
    Phenacetin: All drug products containing phenacetin.
    Phenformin hydrochloride: All drug products containing phenformin
hydrochloride.
    Phenylpropanolamine: All drug products containing
phenylpropanolamine.
    Pipamazine: All drug products containing pipamazine.
    Polyethylene glycol 3350, sodium chloride, sodium bicarbonate,
potassium chloride, and bisacodyl: All drug products containing
polyethylene glycol 3350, sodium chloride, sodium bicarbonate, and
potassium chloride for oral solution, and 10 milligrams or more of
bisacodyl delayed-release tablets.
    Potassium arsenite: All drug products containing potassium
arsenite.
    Potassium chloride: All solid oral dosage form drug products
containing potassium chloride that supply 100 milligrams or more of
potassium per dosage unit (except for controlled-release dosage forms
and those products formulated for preparation of solution prior to
ingestion).
    Povidone: All intravenous drug products containing povidone.
    Propoxyphene: All drug products containing propoxyphene.
    Rapacuronium bromide: All drug products containing rapacuronium
bromide.
    Reserpine: All oral dosage form drug products containing more than
1 milligram of reserpine.
    Rofecoxib: All drug products containing rofecoxib.
    Sibutramine hydrochloride: All drug products containing sibutramine
hydrochloride.
    Sparteine sulfate: All drug products containing sparteine sulfate.
    Sulfadimethoxine: All drug products containing sulfadimethoxine.
    Sulfathiazole: All drug products containing sulfathiazole (except
for those formulated for vaginal use).
    Suprofen: All drug products containing suprofen (except ophthalmic
solutions).
    Sweet spirits of nitre: All drug products containing sweet spirits
of nitre.
    Tegaserod maleate: All drug products containing tegaserod maleate.
    Temafloxacin hydrochloride: All drug products containing
temafloxacin hydrochloride.
    Terfenadine: All drug products containing terfenadine.
    3,3',4',5-tetrachlorosalicylanilide: All drug products containing
3,3',4',5-tetrachlorosalicylanilide.
    Tetracycline: All liquid oral drug products formulated for
pediatric use containing tetracycline in a concentration greater than
25 milligrams/milliliter.
    Ticrynafen: All drug products containing ticrynafen.
    Tribromsalan: All drug products containing tribromsalan.
    Trichloroethane: All aerosol drug products intended for inhalation
containing trichloroethane.
    Troglitazone: All drug products containing troglitazone.
    Trovafloxacin mesylate: All drug products containing trovafloxacin
mesylate.
    Urethane: All drug products containing urethane.
    Valdecoxib: All drug products containing valdecoxib.
    Vinyl chloride: All aerosol drug products containing vinyl
chloride.
    Zirconium: All aerosol drug products containing zirconium.
    Zomepirac sodium: All drug products containing zomepirac sodium.

    Dated: October 3, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-24333 Filed 10-6-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 87, Number 125 (Thursday, June 30, 2022)]
[Notices]
[Pages 39082-39083]
[FR Doc No: 2022-14014]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP21-1-000; CP21-458-000]

Golden Pass Pipeline, LLC; Notice of Availability of the Final
Environmental Impact Statement for the Proposed Mp66-69 Compressor
Relocation and Modification Amendment and the Mp33 Compressor Station
Modification Amendment Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared a final environmental impact statement (EIS)
for the MP66-69 Compression Relocation and Modification Amendment and
the MP33 Compressor Station Modification Amendment Project (Project),
proposed by Golden Pass Pipeline, LLC (Golden Pass), in the above
referenced dockets. Golden Pass requests authorization to amend its
certificate of public convenience and necessity for the Pipeline
Expansion Project (Docket No. CP14-518-000) that was issued by the
Commission on December 21, 2016. Golden Pass requests authorization to
modify the previously authorized facilities in Calcasieu Parish,
Louisiana and Orange County, Texas.
    The final EIS assesses the potential environmental effects of the
construction and operation of the Project in accordance with the
requirements of the National Environmental Policy Act (NEPA). The FERC
staff concludes that approval of the proposed Project, with the
mitigation measures recommended in this EIS, would not result in
significant environmental impacts, with the exception of climate change
impacts. The EIS does not characterize the Project's greenhouse gas
emissions as significant or insignificant because the Commission is
conducting a generic proceeding to determine whether and how the
Commission will conduct climate change significance determinations
going forward.\1\
---------------------------------------------------------------------------

    \1\ Consideration of Greenhouse Gas Emissions in Natural Gas
Infrastructure Project Reviews, 178 FERC ] 61,108 (2022); 178 FERC ]
61,197 (2022).
---------------------------------------------------------------------------

    The final EIS incorporates by reference the Commission staff's July
2016 Final Environmental Impact Statement (FEIS) issued in Docket Nos.
CP14-517-000 and CP14-518-000 for the Golden Pass LNG Export Project
(2016 FEIS) and the Commission's findings and conclusions in its
December 21, 2016 Order. The final EIS addresses the potential
environmental effects of the construction and operation of the
following Project facilities:

CP21-1-000 (Calcasieu Parish, Louisiana)

     relocate the approved Compressor Station at Milepost (MP)
66 approximately three miles, to MP69;
     increase the amount of compression at the relocated
compressor station;
     eliminate approved modifications to interconnects at MP63
and MP66;
     minor changes to approved interconnect modifications at
MP68; and
     eliminate the previously approved 3 miles of 24-inch-
diameter pipeline loop between MP66 and MP69.

CP21-458-000 (Orange County, Texas)

     relocate the MP33 Compressor Station approximately fifty
feet north-northwest to avoid an existing pipeline right-of-way based
on a landowner request;
     increase the authorized compression at the MP33 Compressor
Station;
     construct three new interconnects and appurtenant
facilities adjacent to the MP33 Compressor Station; and
     eliminate receipt stations at the existing Texoma delivery
interconnect on Golden Pass's existing system at MP33.
    The Commission mailed a copy of the Notice of Availability of the
Final Environmental Impact Statement for the MP66-69 Compression
Relocation and Modification Amendment and the MP33 Compressor Station
Modification Amendment Project to federal, state, and local government
representatives and agencies; elected officials; environmental and
public interest groups; Native American tribes; potentially affected
landowners and other interested individuals and groups; and newspapers
and libraries in the Project area. The final EIS is only available in
electronic format. It may be viewed and downloaded from the FERC's
website (www.ferc.gov), on the natural gas environmental documents page
(https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). In addition, the final EIS may be accessed by
using the eLibrary link on the FERC's website. Click on the eLibrary
link (https://elibrary.ferc.gov/eLibrary/search) select

``General Search'' and enter the docket number in the ``Docket Number''
field (i.e. CP21-1-000 or CP21-458-000). Be sure you have selected an
appropriate date range. For assistance, please contact FERC Online
Support at [email protected] or toll free at<PHONE_NUMBER>,
or for TTY, contact<PHONE_NUMBER>.
    The final EIS is not a decision document. It presents Commission
staff's independent analysis of the environmental issues for the
Commission to consider when addressing the merits of all issues in this
proceeding.
    Additional information about the Project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. The eLibrary link
also provides access to the texts of all formal documents issued by the
Commission, such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to https://www.ferc.gov/ferc-online/overview to
register for eSubscription.

    Dated: June 24, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-14014 Filed 6-29-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 83 (Monday, May 1, 2023)]
[Notices]
[Pages 26539-26540]
[FR Doc No: 2023-09060]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2022-0706; FRL-10934-01-OMS]

Agency Information Collection Activities; Submission to the
Office of Management and Budget for Review and Approval; Comment
Request; Production, Import, Export, Recycling, Destruction,
Transhipment, and Feedstock Use of Ozone-Depleting Substances (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), Production, Import, Export,
Recycling, Destruction, Transhipment, and Feedstock Use of Ozone-
Depleting Substances (EPA ICR Number 1432.38, OMB Control Number 2060-
0170) to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act. This is a
proposed extension of the ICR, which is currently approved through
April 30, 2023. Public comments were previously requested via the
Federal Register on August 24, 2022 during a 60-day comment period.
This notice allows for an additional 30 days for public comments.

DATES: Comments may be submitted on or before May 31, 2023.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OAR-2022-0706, to EPA online using www.regulations.gov (our preferred
method), by email to [email protected], or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460. EPA's policy is that all
comments received will be included in the public docket without change
including any personal information provided, unless the comment
includes profanity, threats, information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Robert Burchard, Stratospheric
Protection Division, (6205A), Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202)
343-9126; email address: [email protected].

SUPPLEMENTARY INFORMATION: This is a proposed extension of the ICR,
which is currently approved through April 30, 2023. An agency may not
conduct or sponsor and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.
    Public comments were previously requested via the Federal Register
on August 24, 2022, during a 60-day comment period (87 FR 51976). This
notice allows for an additional 30 days for public comments. Supporting
documents, which explain in detail the information that the EPA will be
collecting, are available in the public docket for this ICR. The docket
can be viewed online at www.regulations.gov or in person at the EPA
Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW,
Washington, DC. The telephone number for the Docket Center is 202-566-
1744. For additional information about EPA's public docket, visit
http://www.epa.gov/dockets.
    Abstract: This ICR covers provisions under the Montreal Protocol on
Substances that Deplete the Ozone Layer (Montreal Protocol) and Title
VI of the CAA that establish limits on total U.S. production, import,
and export of class I and class II ozone-depleting substances (or
controlled substances). Production and import of class I controlled
substances (chlorofluorocarbons and others) was phased out in the
United States. The phaseout includes exceptions for essential uses,
critical uses of methyl bromide, quarantine and pre-shipment uses of
methyl bromide, previously used material, and material that will be
transformed or destroyed. There are also regulations that restrict the
use of class II controlled substances and require a gradual reduction
in the production and consumption of these chemicals leading to their
eventual phaseout. The class II controlled substance phaseout
regulations include exceptions for previously used material and
material that will be transformed or destroyed.
    Form Numbers: 5900-137, 5900-136, 5900-149, 5900-150, 5900-153,
5900-151, 5900-199, 5900-202, 5900-200, 5900-201, 5900-205, 5900-155,
5900-140, 5900-144, 5900-142, 5900-141, 5900-148, 5900-147, 5900-473,
5900-138, 5900-139, 5900-152, 5900-472, 5900-154, 5900-146.
    Respondents/affected entities: Producers, importers, exporters, and
certain users of ozone-depleting substances; methyl bromide
applicators, distributors, and end users including commodity storage
and quarantine users.
    Respondent's obligation to respond: Mandatory (CAA sections 114,
603(b), and 604(d)(6)).
    Estimated number of respondents: 1,174 (total).
    Frequency of response: Quarterly, annually, as needed.
    Total estimated burden: 3,022 hours (per year). Burden is defined
at 5 CFR 1320.03(b)
    Total estimated cost: $375,086 (per year), includes $8,250
annualized capital or operation & maintenance costs.
    Changes in the Estimates: There is an increase of 83 hours in the
total estimated respondent burden compared with the ICR currently
approved by OMB. This increase is a result of updated assumptions
associated with recordkeeping requirements that are more consistent
with other ICRs that cover similar recordkeeping activities (e.g., the
HFC Allowance Allocation

Program ICR, OMB Control No. 2060-0734).

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2023-09060 Filed 4-28-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: January 29, 2008 (Volume 73, Number 19)]
[Notices]
[Page 5248-5249]
[DOCID:fr29ja08-106]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57175; File No. SR-NASDAQ-2008-006)

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Clarify the Recipients of Certain Risk Disclosures

January 18, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on January 17, 2007, The NASDAQ Stock Market LLC (``Nasdaq'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared substantially by Nasdaq. Nasdaq filed the proposed
rule change as a ``non-controversial'' proposed rule change pursuant to
Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6) thereunder,\4\
which renders it effective upon filing with the Commission. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    Nasdaq proposes to amend Rule 4631 to clarify to whom members must
provide disclosures pursuant to the Rule. Nasdaq proposes to implement
the proposed rule change immediately.
    The text of the proposed rule change is available at http://nasdaq.complinet.com
, the principal office of Nasdaq, and the

Commission's Public Reference Room.

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

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

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

1. Purpose
    Nasdaq proposes to amend Rule 4631, which covers the disclosures
required of members when accepting certain orders for trades outside
the regular market session, to clarify to whom members must provide
these disclosures. Rule 4631 requires members to provide certain risk
disclosures to non-members prior to accepting orders for the pre- or
post-market sessions. The term ``non-member'' may be interpreted to
include a broker-dealer who is not a member of Nasdaq. In the approval
order for the Rule,\5\ however, the discussion of Nasdaq's purpose for
Rule 4631 is framed in terms of disclosures to ``non-member
customers.'' Nasdaq Rule 0120(g) defines the term ``customer'' to
exclude a broker or dealer.\6\ The differing terminology used in the
Rule and in the approval order has caused some confusion among members.
---------------------------------------------------------------------------

    \5\ Securities Exchange Act Release No. 56985 (December 18,
2007), 72 FR 73388 (December 27, 2007) (SR-NASDAQ-2007-098).
    \6\ Rule 0120(g) states: The term ``customer'' shall not include
a broker or dealer.
---------------------------------------------------------------------------

    Nasdaq notes that, as currently written, Rule 4631 could be
interpreted to require members to make the risk disclosures to non-
member broker-dealers, but not to member broker-dealers. Nasdaq
believes that such a technical distinction is not meaningful nor was it
Nasdaq's intention to make such a distinction when proposing the Rule.
By clarifying that the Rule applies to members' disclosures to
customers, as defined by Rule 0120(g), Nasdaq would avoid further
member confusion surrounding the reading of the Rule and its associated
approval order, while remaining consistent with the rule's intent.
    Accordingly, Nasdaq believes it is necessary to amend Rule 4631 to
make clear that the disclosures required by the Rule apply to members
when accepting orders from customers, not ``non-members.''
2. Statutory Basis
    The proposed rule change is consistent with the provisions of
Section 6 of the Act,\7\ in general, and with Sections 6(b)(1) and
(b)(5) of the Act,\8\ in particular, in that the proposal enables
Nasdaq to be so organized as to have the capacity to be able to carry
out the purposes of the Act and to comply with and enforce compliance
by

members and persons associated with members with provisions of the Act,
the rules and regulations thereunder, and self-regulatory organization
rules, and 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 regulating,
clearing, settling, processing information with respect to, and
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.
Nasdaq believes that the clarification of Rule 4631 is needed to avoid
further confusion surrounding its applicability. Currently, members may
be interpreting the Rule inconsistently, thus providing disclosures to
parties that were not contemplated as requiring the protections of the
Rule. Nasdaq believes that the proposed amendment will ensure that
members are aware of their obligations under the rule and thus foster
consistent member compliance.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(1) and (b)(5).
---------------------------------------------------------------------------

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

    Nasdaq 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

    Written comments were neither solicited nor 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) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file 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 Commission has determined to waive the five-day pre-filing
period in this case.
---------------------------------------------------------------------------

    Nasdaq has requested that the Commission waive the 30-day pre-
operative period. The Commission believes that conforming the language
of the Rule to Nasdaq's intent in establishing it is consistent with
the protection of investors and the public interest. The Rule was
designed to ensure that customers receive appropriate disclosures of
the risks of trading outside of regular trading hours, not non-member
broker-dealers. The Commission hereby grants Nasdaq's request and
designates the proposal as operative upon filing.\11\
---------------------------------------------------------------------------

    \11\ For purposes only of waiving the 30-day operative delay of
this proposal, 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 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.

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 No. SR-NASDAQ-2008-006 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2008-006. 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 such
filing also will be available for inspection and copying at the
principal office of Nasdaq. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NASDAQ-2008-006 and should be submitted on or before
February 19, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-1463 Filed 1-28-08; 8:45 am]

BILLING CODE 8011-01-P


February 12, 2004 The Honorable John Elias Baldacci Governor of Maine 1 State House Station Augusta, ME 04333 0001 Dear Governor Baldacci:

Thank you for your letter forwarding Maine's recommendations on air quality designations for the national health based standards for fine particles. We received your letter on February 2, 2004.

Your letter is an important step toward providing citizens in your state with critical information about air pollution levels in their community. We intend to carefully review the recommendations and work with the Maine Department of Environmental Protection in determining final designations. The EPA must make its final official designation decisions for fine particles by December 31, 2004.

We look forward to working with Maine in the coming months on designations for the fine particle standards. If you have any questions, please do not hesitate to call me or Tim Williamson, Acting Manager of the Air Quality Planning Unit, at 617 918 1099.

Sincerely,

Robert W. Varney Regional Administrator cc: Dawn Gallagher, ME DEP James Brooks, ME DEP