[Federal Register: October 16, 2006 (Volume 71, Number 199)]
[Notices]
[Page 60783-60784]
[DOCID:fr16oc06-110]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54581; File No. SR-NASDAQ-2006-039]

Self-Regulatory Organizations; NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Modify
the Reporting Required When Nasdaq Lists the Security of an Affiliate

October 6, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 28, 2006, the NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by Nasdaq. Pursuant to
Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6) thereunder,\4\
Nasdaq has designated this proposal as ``non-controversial,'' which
renders the proposed rule change effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    Nasdaq is proposing a proposed rule change to modify the reporting
required when Nasdaq lists the security of an affiliate. The text of
the proposed rule change is available on Nasdaq's Web site (http://www.nasdaq.com
), at Nasdaq's principal office, and at the Commission's

Public Reference Room.

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

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

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

1. Purpose
    Nasdaq is proposing to revise Rule 4370 to file on a quarterly
basis, rather than on a monthly basis, the report detailing Nasdaq's
monitoring of (1) the Nasdaq Affiliate's compliance with the provisions
of Rule 4200, 4300 and 4400 Series (which include quantitative and
qualitative listing requirements) and (2) the trading of the Affiliate
Security, including summaries of all related surveillance alerts,
complaints, regulatory referrals, busted or adjusted trades,
investigations, examinations, formal and informal disciplinary actions,
exception reports and trading data.
    The proposed rule change is similar to a recent New York Stock
Exchange rule filing.\5\ Additionally, Nasdaq notes that providing
these reports on a quarterly rather than monthly basis will not affect
the compliance monitoring done by Nasdaq and NASD, but will make the
reporting less burdensome.\6\ Further, by adopting a quarterly
reporting cycle, the reports will be more closely aligned with the
issuer's financial reporting cycle and NASD's review and surveillance
cycle.
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    \5\ See Securities Exchange Act Release No. 53382 (February 27,
2006), 71 FR 11270 (March 6, 2006) (SR-NYSE-2005-77), adopting NYSE
Rule 497.
    \6\ The NASD performs regulatory services on behalf of Nasdaq
pursuant to a regulatory services contract. Telephone conversation
between Jonathan Cayne, Associate General Counsel, Nasdaq, and
Rebekah Liu, Special Counsel, Division of Market Regulation,
Commission, on October 6, 2006.
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    In addition, the proposed rule change would permit Nasdaq to file a
report with the Commission within five business days of providing
notice to the Nasdaq Affiliate of its non-compliance with Nasdaq's
listing requirements rather than at the same time that Nasdaq notifies
the Nasdaq Affiliate. This proposed change is also similar to language
in the recent New York Stock Exchange rule filing referenced above.
    Finally, the proposed rule change would clarify that the applicable
provisions of the Rule 4200, 4300, and 4400 Series that are the subject
of Nasdaq's reports are those related to the listing requirements.
    Nasdaq will implement the proposed rule change 30 days after
filing.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act \7\ in

general, and with Section 6(b)(5) of the Act \8\ in particular, in that
it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, remove
impediments to a free and open market and a national market system,
and, in general, to protect investors and the public interest.
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    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    This proposed rule change is filed pursuant to paragraph (A) of
Section 19(b)(3) of the Act \9\ and Rule 19b-4(f)(6) \10\ thereunder.
The proposed rule change does not significantly affect the protection
of investors or the public interest, does not impose any significant
burden on competition, and, by its terms, does not become operative for
30 days from the date on which it was filed, or such shorter time as
the Commission may designate. Nasdaq provided the Commission written
notice of its intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least five
business days prior to the date of filing the proposed rule change. 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.\11\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ See 15 U.S.C. 78(b)(3)(C).
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IV. Solicitation of Comments

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

Electronic Comments

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

File Number SR-NASDAQ-2006-039 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-2006-039. 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. 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-2006-039 and
should be submitted on or before November 6, 2006
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    \12\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\12\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E6-17081 Filed 10-13-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Rules and Regulations]
[Pages 58397-58400]
[FR Doc No: 2016-20315]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2016-0377; FRL-9951-34-Region 8]

Approval and Promulgation of Air Quality Implementation Plans;
State of Wyoming; Emission Inventory Rule for 2008 Ozone NAAQS and
Revisions to Incorporation by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions

submitted by the State of Wyoming on July 1, 2014. The submittal
requests SIP revisions to the State's Incorporation by reference
section as well as an administrative change in section numbering. The
submittal also includes the addition of a section establishing
requirements for the submittal of emission inventories from facilities
or sources located in an ozone nonattainment area.

DATES: This rule is effective on October 24, 2016 without further
notice, unless the EPA receives adverse comments by September 26, 2016.
If adverse comments are received, the EPA will publish a timely
withdrawal of this direct final rule in the Federal Register informing
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2016-0377, at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. For
additional information on submission of CBI, please see Section II.A
below. Multimedia submissions (audio, video, etc.) must be accompanied
by a written comment. The written comment is considered the official
comment and should include discussion of all points you wish to make.
The EPA will generally not consider comments or comment contents
located outside of the primary submission (i.e., on the web, cloud, or
other file sharing system). For additional submission methods, the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Chris Dresser, Air Program, U.S.
Environmental Protection Agency, Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Why is the EPA using a direct final rule?

    The EPA is publishing this rule without a prior proposed rule
because we view this as a noncontroversial action and anticipate no
adverse comment. However, in the ``Proposed Rules'' section of today's
Federal Register, we are publishing a separate document that will serve
as the proposed rule to approve the SIP revisions if adverse comments
are received on this direct final rule. We will not institute a second
comment period on this action. Any parties interested in commenting
must do so at this time. For further information about commenting on
this rule, see the ADDRESSES section of this document.
    If the EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. We anticipate that we would
address all public comments in any subsequent final rule based on the
proposed rule. The EPA will consider all comments received, if any, and
take appropriate action in accordance with such comments.

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

    A. Submitting CBI. Do not submit this information to the EPA
through www.regulations.gov or email. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD ROM that you mail to the EPA, mark the outside of the disk or CD
ROM as CBI and then identify electronically within the disk or CD ROM
the specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    B. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

III. Analysis of the State Submittal

    In a July 1, 2014 submittal, Wyoming requested revisions affecting
the SIP involving Chapter 8, Nonattainment Area Regulations, Section 5,
Ozone nonattainment emission inventory rule, and Section 10,
Incorporation by reference. Chapter 8, Section 5 of Wyoming's SIP was
previously the Incorporation by reference section due to the fact that
on August 15, 2013 the EPA approved a revision that reorganized Chapter
8, and added Section 5 (78 FR 49685). In response to the July 1, 2014
submittal, the EPA is now approving a change that will make Section 10
the Incorporation by reference section instead of Section 5. In
addition to this administrative change of the Wyoming Incorporation by
reference section, the State is seeking to update the language by
changing the date of the citation in this Incorporation by reference
section from 2011 to 2012. The EPA approves these revisions.
    Moreover, since Chapter 8, Section 5 is now vacant, Wyoming is
seeking to amend its SIP by adding a new emission inventory provision
to Section 5. The Ozone Nonattainment Emission Inventory Rule is a new
rule to establish requirements for the submittal of emissions
inventories from facilities or sources located in an ozone
nonattainment area pursuant to the requirements of the Clean Air Act
(CAA), Section 182. The EPA approves this revision.

IV. What action is the EPA taking today?

    The EPA is taking direct final action to approve the SIP revisions
submitted by the State of Wyoming on July 1, 2014. The EPA is approving
the proposed SIP revisions as a direct final action without prior
proposal because the agency views the revisions as noncontroversial and
anticipates no adverse comments. However, in the Proposed Rules section
of today's Federal Register publication, the EPA is publishing a
separate document that will serve as the proposal to approve the SIP
revisions if adverse comments are filed. This rule will be effective
October 24, 2016 without further notice unless the Agency receives
adverse comments by September 26, 2016. If the EPA

receives adverse comments, the EPA will publish a timely withdrawal in
the Federal Register informing the public that the rule will not take
effect. The EPA will address all public comments in a subsequent final
rule based on the proposed rule. The EPA will not institute a second
comment period on this action. Any parties interested in commenting
must do so at this time. Please note that if the EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, the EPA may
adopt as final those provisions of the rule that are not the subject of
an adverse comment.

V. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Wyoming rules described in the amendments to 40 CFR part 52 set forth
later. Therefore, these materials have been approved by the EPA for
inclusion in the State Implementation Plan, have been incorporated by
reference by the EPA into that plan, are fully federally enforceable
under Sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference by the Director of the Federal Register in the next update to
the SIP compilation.\1\ The EPA has made, and will continue to make,
these materials generally available through www.regulations.gov and/or
at the EPA Region 8 Office (please contact the person identified in the
For Further Information Contact section of this preamble for more
information).
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    \1\ 62 FR 27968 (May 22, 1997).
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VI. Statutory and Executive Orders Review

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
actions, provided that they meet the criteria of the Clean Air Act.
Accordingly, this direct final action merely approves a state law as
meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
in a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. Section 801 et seq, as added
by the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. The EPA will submit a report containing
this rule and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication of the rule in the Federal Register. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. Section 804(2).
    Under Section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 24, 2016. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that the EPA can withdraw this direct final rule and address the
comment in the proposed rulemaking. This action may not be challenged
later in proceedings to enforce its requirements. (See Section
307(b)(2).)

List of Subjects in 40 CFR Part 52

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

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

    Dated: August 11, 2016.
Debra Thomas,
Deputy Regional Administrator, Region 8.

    40 CFR part 52 is amended to read as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart ZZ--Wyoming

0
2. Section 52.2620, the table in paragraph (c) is amended under
``Chapter 08. Non-attainment Area Regulations.'' by revising the entry
for ``Section 05'' and by adding, after ``Section 05'', a new entry for
``Section 10'' to read as follows:

Sec.  52.2620  Identification of plan

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                                        State       EPA effective     Final rule
           Rule no.                 Rule title     effective date       date         citation/date     Comments
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Chapter 08. Non-attainment Area Regulations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 05....................  Ozone                  11/22/2013     10/24/2016.  [Insert Federal
                                 nonattainment                                      Register
                                 emission                                           citation]. 8/25/
                                 inventory rule.                                    2016.
Section 10....................  Incorporation by       11/22/2013     10/24/2016.  [Insert Federal
                                 reference.                                         Register
                                                                                citation]. 8/25/
                                                                                2016.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-20315 Filed 8-24-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 72 (Tuesday, April 15, 2014)]
[Notices]
[Pages 21255-21256]
[FR Doc No: 2014-08547]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2014-0233]

Proposed Cooperative Research and Development Agreement--Maritime
Smart Phone Public Safety Answering Point Forwarding Into Rescue21

AGENCY: Coast Guard, Department of Homeland Security (``DHS'').

ACTION: Notice of availability; request for public comments.

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SUMMARY: The Coast Guard announces its intent to enter into a
Cooperative Research and Development Agreement (CRADA) to develop,
demonstrate, evaluate, and document viable technical approaches for
securely forwarding maritime-related smart phone (voice image position
and text) through Next Generation/Enhanced 9-1-1 (NG 911) into the
Coast Guard Rescue21 System. The Coast Guard solicits public comment on
the possible nature of and participation of other parties in the

proposed CRADA. The Coast Guard also invites other potential non-
Federal participants, who have the interest and capability to bring
similar contributions to this type of research, to consider submitting
proposals for consideration in similar CRADAs.

DATES: Comments must be submitted to the online docket via http://www.regulations.gov, or reach the Docket Management Facility, on or
before May 15, 2014.
    Synopses of proposals regarding future, similar CRADAs must reach
the Docket Management Facility on or before October 14, 2014.

ADDRESSES: Submit comments using one of the listed methods, and see
SUPPLEMENTARY INFORMATION for more information on public comments.
     Online--http://www.regulations.gov following Web site
instructions.
     Fax--202-493-2251.
     Mail or hand deliver--Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Hours
for hand delivery are 9 a.m. to 5 p.m., Monday through Friday, except
Federal holidays (telephone<PHONE_NUMBER>).

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
contact Ms. Valerie M. Arris, Project Official, C4ISR Branch, U.S.
Coast Guard Research and Development Center, 1 Chelsea Street, New
London, CT 06320, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>For information about viewing or submitting
material to the docket, call Cheryl Collins, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>, toll free 1-800-647-5527.

SUPPLEMENTARY INFORMATION:

Public Participation and Comments

    We encourage you to submit comments. Comments should be marked with
docket number USCG-2014-0233 and should provide a reason for each
suggestion or recommendation. You should provide personal contact
information so that we can contact you if we have questions regarding
your comments; but please note that all comments will be posted to the
online docket without change and that any personal information you
include can be searchable online (see the Federal Register Privacy Act
notice regarding our public dockets, 73 FR 3316, Jan. 17, 2008).
    Mailed or hand-delivered comments should be in an unbound 8\1/2\ x
11 inch format suitable for reproduction. The Docket Management
Facility will acknowledge receipt of mailed comments if you enclose a
stamped, self-addressed postcard or envelope with your submission.
    Documents mentioned in this notice, and all public comments, are in
our online docket at http://www.regulations.gov and can be viewed by
following the Web site's instructions. You can also view the docket at
the Docket Management Facility (see the mailing address under
ADDRESSES) between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.
    Do not submit detailed proposals for future CRADAs to the Docket
Management Facility. Potential non-Federal CRADA participants should
submit these documents to the Coast Guard (see FOR FURTHER INFORMATION
CONTACT).

Discussion

    The Coast Guard is authorized to enter into CRADAs by the Federal
Technology Transfer Act of 1986, Public Law 99-502, codified at 15
U.S.C. 3710(a); DHS Delegation No. 0160.1, para. 2.B(34). A CRADA
promotes the transfer of technology to the private sector for
commercial use as well as specified research or development efforts
that are consistent with the mission of the Federal parties to the
CRADA. The Federal party or parties agree with one or more non-Federal
parties to share research resources, but the Federal party does not
contribute funding.
    CRADAs are not procurement contracts. Care is taken to ensure that
CRADAs are not used to circumvent the contracting process. CRADAs have
a specific purpose and should not be confused with other types of
agreements such as procurement contracts, grants, and cooperative
agreements.
    The Coast Guard reserves the right to select for CRADA participants
all, some, or none of the proposals in response to this notice. The
Coast Guard will provide no funding for reimbursement of proposal
development costs. Proposals (or any other material) submitted in
response to this notice will not be returned. Proposals submitted are
expected to be unclassified and have no more than four single-sided
pages (excluding cover page and resumes). The Coast Guard will select
proposals at its sole discretion on the basis of:
    (1) How well they communicate an understanding of, and ability to
meet, the proposed CRADA's goal; and
    (2) How well they address the following criteria:
    (a) Technical capability to support the non-Federal party
contributions described; and
    (b) Resources available for supporting the non-Federal party
contributions described.
    Currently, the Coast Guard is considering General Dynamics for
participation in this CRADA. This consideration is based on (a) their
expertise, experience and interest in maritime-related smart phone
NG911 (voice image position and text) forwarding, (b) their capability
to provide the significant in-kind contributions required for the CRADA
work and (c) their compatibility with the Coast Guard's situational
awareness system(s). However, we do not wish to exclude other viable
participants from this or future similar CRADAs.
    This is a technology transfer/development effort. Presently, the
Coast Guard has no plan to procure a maritime-related smart phone NG911
forwarding (voice image position and text) capability. Since the goal
of this CRADA is to identify and investigate the advantages,
disadvantages, required technology enhancements, performance, costs,
and other issues associated with using maritime-related smart phone
NG911 forwarding (voice image position and text) capabilities, non-
Federal CRADA participants will not be excluded from any future Coast
Guard procurements based solely on their participation in this CRADA.
    Special consideration will be given to small business firms/
consortia, and preference will be given to business units located in
the U.S.
    This notice is issued under the authority of 5 U.S.C. 552(a) and 15
U.S.C. 3710(a).

    Dated: April 4, 2014.
Captain Alan N. Arsenault,
USCG, Commanding Officer, U.S. Coast Guard Research and Development
Center.
[FR Doc. 2014-08547 Filed 4-14-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 95 (Wednesday, May 19, 2021)]
[Notices]
[Pages 27117-27119]
[FR Doc No: 2021-10522]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0042]

CSA Group Testing & Certification Inc.: Grant of Expansion of
Recognition and Modification to the NRTL Program's List of Appropriate
Test Standards

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the final decision to expand
the scope of recognition for CSA Group Testing & Certification Inc., as
a Nationally Recognized Testing Laboratory (NRTL). Additionally, OSHA
announces the final decision to add four new test standards to the NRTL
Program's List of Appropriate test standards.

DATES: The expansion of the scope of recognition becomes effective on
May 19, 2021.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor; telephone<PHONE_NUMBER>
or email<EMAIL_ADDRESS>    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor; telephone
(202) 693-2110 or email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of
recognition of CSA Group Testing & Certification Inc. (CSA) as a NRTL.
CSA's expansion covers the addition of twenty-one test standards to the
NRTL scope of recognition.
    OSHA recognition of a NRTL signifies that the organization meets
the requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within the
scope of recognition. Each NRTL's scope of recognition includes (1) the
type of products the NRTL may test, with each type specified by the
applicable test standard; and (2) the recognized site(s) that has/have
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope.
Recognition is not a delegation or grant of government authority;
however, recognition enables employers to use products approved by the
NRTL to meet OSHA standards that require product testing and
certification.
    The agency processes an application by a NRTL for initial
recognition and for an expansion or renewal of this recognition,
following requirements in Appendix A, 29 CFR 1910.7. This appendix
requires that the agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides the preliminary finding. In the second notice,
the agency provides the final decision on the application. These

notices set forth the NRTL's scope of recognition or modifications of
that scope. OSHA maintains an informational web page for each NRTL,
including CSA, which details the NRTL's scope of recognition. These
pages are available from the OSHA website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    CSA submitted an application, dated January 24, 2018 (OSHA-2006-
0042-0019), to expand their recognition to include twenty-two
additional test standards. OSHA staff performed detailed analysis of
the application packet and reviewed other pertinent information. OSHA
did not perform any on-site reviews in relation to this application.
    OSHA published the preliminary notice announcing CSA's expansion
application in the Federal Register on February 23, 2021 (86 FR 11005).
The agency requested comments by March 10, 2021, but it received no
comments in response to this notice. Due to an error, the title of one
of the standards, UL 347A, was listed incorrectly in the preliminary
notice. As a result, OSHA will not include UL 347A in the list of
standards added to the expanded recognition. OSHA will publish an
additional notice to announce the correct title of UL 347A to afford
the public an opportunity to comment.
    To obtain or review copies of all public documents pertaining to
the CSA's application, go to http://www.regulations.gov or contact the
Docket Office, Occupational Safety and Health Administration, U.S.
Department of Labor. Docket No. OSHA-2006-0042 contains all materials
in the record concerning CSA's recognition. Please note: Due to the
COVID-19 pandemic, the Docket Office is closed to the public at this
time but can be contacted at<PHONE_NUMBER>.

II. Final Decision and Order

    OSHA staff examined CSA's expansion application, its capability to
meet the requirements of the test standards, and other pertinent
information. Based on its review of this evidence, OSHA finds that CSA
meets the requirements of 29 CFR 1910.7 for expansion of its
recognition, subject to the limitations and conditions listed in this
notice. OSHA, therefore, is proceeding with this final notice to grant
CSA's expanded scope of recognition. OSHA limits the expansion of CSA's
recognition to testing and certification of products for demonstration
of conformance to the test standards listed below in Table 1.

 Table 1--List of Appropriate Test Standards for Inclusion in CSA's NRTL
                          Scope of Recognition
------------------------------------------------------------------------
             Test standard                     Test standard title
------------------------------------------------------------------------
UL 61010-2-030........................  Standard for Safety Requirements
                                         for Electrical Equipment for
                                         Measurement, Control and
                                         Laboratory Use--Part 2-030:
                                         Particular Requirements for
                                         Testing and Measuring Circuits.
UL 61010-2-032 *......................  Standard for Safety Requirements
                                         for Electrical Equipment for
                                         Measurement, Control and
                                         Laboratory Use--Part 2-032:
                                         Particular Requirements for
                                         Hand-Held and Hand-Manipulated
                                         Current Sensors for Electrical
                                         Test and Measurement.
UL 61010-2-033 *......................  Standard for Safety Requirements
                                         for Electrical Equipment for
                                         Measurement, Control and
                                         Laboratory Use--Part 2-033:
                                         Particular Requirements for
                                         Hand-Held Multimeters for
                                         Domestic and Professional Use,
                                         Capable of Measuring Mains
                                         Voltage.
UL 61010-2-040 *......................  Safety Requirements for
                                         Electrical Equipment for
                                         Measurement, Control and
                                         Laboratory Use--Part 2-040:
                                         Particular Requirements for
                                         Sterilizers and Washer-
                                         Disinfectors Used to Treat
                                         Medical Materials.
UL 61010-2-081........................  Standard for Safety Requirements
                                         for Electrical Equipment for
                                         Measurement, Control and
                                         Laboratory Use--Part 2-081:
                                         Particular Requirements for
                                         Automatic and Semi-Automatic
                                         Laboratory Equipment for
                                         Analysis and Other Purposes.
UL 61010-2-101........................  Safety Requirements for
                                         Electrical Equipment for
                                         Measurement, Control and
                                         Laboratory Use--Part 2-101:
                                         Particular Requirements for In
                                         Vitro Diagnostic (IVD) Medical
                                         Equipment.
UL 61010-2-201 *......................  Safety Requirements for
                                         Electrical Equipment for
                                         Measurement, Control and
                                         Laboratory Use--Part 2-201:
                                         Particular Requirements for
                                         Control Equipment.
UL 61010-031..........................  Standard for Safety Requirements
                                         for Electrical Equipment for
                                         Measurement, Control and
                                         Laboratory Use--Part 031:
                                         Safety Requirements for Hand-
                                         Held and Hand-Manipulated Probe
                                         Assemblies for Electrical Test
                                         and Measurement.
UL 62841-1............................  Standard for Electric Motor-
                                         Operated Hand-Held Tools,
                                         Transportable Tools and Lawn
                                         and Garden Machinery--Safety--
                                         Part 1: General Requirements.
UL 62841-2-2..........................  Standard for Electric Motor-
                                         Operated Hand-Held Tools,
                                         Transportable Tools and Lawn
                                         and Garden Machinery--Safety--
                                         Part 2-2: Particular
                                         Requirements for Hand-Held
                                         Screwdrivers and Impact
                                         Wrenches.
UL 62841-2-4..........................  Standard for Electric Motor-
                                         Operated Hand-Held Tools,
                                         Transportable Tools and Lawn
                                         and Garden Machinery--Safety--
                                         Part 2-4: Particular
                                         Requirements for Hand-Held
                                         Sanders and Polishers Other
                                         than Disc Type.
UL 62841-2-5..........................  Standard for Electric Motor-
                                         Operated Hand-Held Tools,
                                         Transportable Tools and Law and
                                         Garden Machinery--Safety--Part
                                         2-5: Particular Requirements
                                         for Hand-Held Circular Saws.
UL 62841-2-8..........................  Standard for Electric Motor-
                                         Operated Hand-Held Tools,
                                         Transportable Tools and Lawn
                                         and Garden Machinery--Safety--
                                         Part 2-8: Particular
                                         Requirements for Hand-Held
                                         Shears and Nibblers.
UL 62841-2-9..........................  Standard for Electric Motor-
                                         Operated Hand-Held Tools,
                                         Transportable Tools and Lawn
                                         and Garden Machinery--Safety--
                                         Part 2-9: Particular
                                         Requirements for Hand-Held
                                         Tappers and Threaders.
UL 62841-2-14.........................  Standard for Electric Motor-
                                         Operated Hand-Held Tools,
                                         Transportable Tools and Lawn
                                         and Garden Machinery--Safety--
                                         Part 2-14: Particular
                                         Requirements for Hand-Held
                                         Planers.
UL 62841-3-1..........................  Standard for Electric Motor-
                                         Operated Hand-Held Tools,
                                         Transportable Tools and Lawn
                                         and Garden Machinery--Safety--
                                         Part 3-1: Particular
                                         Requirements for Transportable
                                         Table Saws.
UL 62841-3-6..........................  Standard for Electric Motor-
                                         Operated Hand-Held Tools,
                                         Transportable Tools and Lawn
                                         and Garden Machinery--Safety--
                                         Part 3-6: Particular
                                         Requirements for Transportable
                                         Diamond Drills with Liquid
                                         System.
UL 62841-3-9..........................  Standard for Electric Motor-
                                         Operated Hand-Held Tools, and
                                         Transportable Tools and Lawn
                                         and Garden Machinery--Safety--
                                         Part 3-9: Particular
                                         Requirement for Transportable
                                         Mitre Saws.
UL 62841-3-10.........................  Standard for Electric Motor-
                                         Operated Hand-Held Tools,
                                         Transportable Tools and Lawn
                                         and Garden Machinery--Safety--
                                         Part 3-10: Particular
                                         Requirement for Transportable
                                         Cut-Off Machines.
UL 60950-22...........................  Information Technology
                                         Equipment--Safety--Part 22:
                                         Equipment to be Installed
                                         Outdoors.
UL 8750...............................  Light Emitting Diode (LED)
                                         Equipment for Use in Lighting
                                         Products.
------------------------------------------------------------------------
* Represents the standards that OSHA proposes to add to the NRTL
  Program's List of Appropriate Test Standards.

    In this notice, OSHA also announces the final decision to add four
new test standards to the NRTL Program's List of Appropriate Test
Standards. Table 2, below, lists the test standards that are new to the
NRTL Program. OSHA determined that these test standards are appropriate
test standards and will add them to the NRTL Program's List of
Appropriate Test Standards.

  Table 2--Test Standards OSHA Is Adding to the NRTL Program's List of
                       Appropriate Test Standards
------------------------------------------------------------------------
             Test standard                     Test standard title
------------------------------------------------------------------------
UL 61010-2-032........................  Standard for Safety Requirements
                                         for Electrical Equipment for
                                         Measurement, Control and
                                         Laboratory Use--Part 2-032:
                                         Particular Requirements for
                                         Hand-Held and Hand-Manipulated
                                         Current Sensors for Electrical
                                         Test and Measurement.
UL 61010-2-033........................  Standard for Safety Requirements
                                         for Electrical Equipment for
                                         Measurement, Control and
                                         Laboratory Use--Part 2-033:
                                         Particular Requirements for
                                         Hand-Held Multimeters for
                                         Domestic and Professional Use,
                                         Capable of Measuring Mains
                                         Voltage.
UL 61010-2-040........................  Safety Requirements for
                                         Electrical Equipment for
                                         Measurement, Control and
                                         Laboratory Use--Part 2-040:
                                         Particular Requirements for
                                         Sterilizers and Washer-
                                         Disinfectors Used to Treat
                                         Medical Materials.
UL 61010-2-201........................  Safety Requirements for
                                         Electrical Equipment for
                                         Measurement, Control and
                                         Laboratory Use--Part 2-201:
                                         Particular Requirements for
                                         Control Equipment.
------------------------------------------------------------------------

    OSHA's recognition of any NRTL for a particular test standard is
limited to equipment or materials for which OSHA standards require
third-party testing and certification before using them in the
workplace. Consequently, if a test standard also covers any products
for which OSHA does not require such testing and certification, a
NRTL's scope of recognition does not include these products.
    The American National Standards Institute (ANSI) may approve the
test standards listed above as American National Standards. However,
for convenience, we may use the designation of the standards-developing
organization for the standard as opposed to the ANSI designation. Under
the NRTL Program's policy (see OSHA Instruction CPL 1-0.3, Appendix C,
paragraph XIV), any NRTL recognized for a particular test standard may
use either the proprietary version of the test standard or the ANSI
version of that standard. Contact ANSI to determine whether a test
standard is currently ANSI-approved.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7,
CSA must abide by the following conditions of the recognition:
    1. CSA must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
change in its operations as a NRTL, and provide details of the
change(s);
    2. CSA must meet all the terms of its recognition and comply with
all OSHA policies pertaining to this recognition; and
    3. CSA must continue to meet the requirements for recognition,
including all previously published conditions on CSA's scope of
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the
scope of recognition of CSA as a NRTL, subject to the limitations and
conditions specified above.

III. Authority and Signature

    James S. Frederick, Acting Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW, Washington,
DC 20210, authorized the preparation of this notice. Accordingly, the
agency is issuing this notice pursuant to Section 29 U.S.C. 655(6)(d),
Secretary of Labor's Order No. 8-2020 (85 FR 58393; Sept. 18, 2020),
and 29 CFR 1910.7.

    Signed at Washington, DC, on May 13, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-10522 Filed 5-18-21; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register: November 24, 2010 (Volume 75, Number 226)]
[Notices]
[Page 71768-71770]
[DOCID:fr24no10-139]

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SECURITIES AND EXCHANGE COMMISSION

(Release No. 34-63342; File No. SR-BYX-2010-001)

Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of
Filing of Amendment No. 1 and Order Granting Accelerated Approval to
Proposed Rule Change, as Modified by Amendment No. 1, to Amend BYX Rule
11.8, Entitled ``Obligations of Market Makers''

November 18, 2010.

I. Introduction

    On September 27, 2010, BATS Y-Exchange, Inc. (``BYX'' or the
``Exchange''), filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) \1\ of the Securities
Exchange Act of 1934 (``Act''), and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend its rules to enhance minimum quoting
standards for market makers registered with the Exchange. The purpose
of this rule change is to require equity market makers to post
continuous two-sided quotations within a designated percentage of the
inside market to eliminate market maker ``stub quotes,'' that are so
far away from the prevailing market that they are not intended to be
executed (such as an order to buy at a penny or sell at $100,000).
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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    The proposed rule change was published for comment in the Federal
Register on October 15, 2010.\3\ In addition, BYX filed an Amendment
No. 1 to the proposed rule change.\4\ The Commission received no
comments on the proposed rule change. The Commission is publishing this
notice and order to solicit comments on Amendment No. 1 and to approve
the proposed rule change, as amended, on an accelerated basis.
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    \3\ See Securities Exchange Act Release No. 63068 (October 8,
2010), 75 FR 63528 (SR-BYX-2010-001).
    \4\ The Exchange filed Amendment No. 1 on November 8, 2010.
Amendment No. 1 modifies the proposal so that a market maker is not
expected to enter a quote based on the prior day's last sale at the
commencement of regular trading hours if there is no National Best
Bid (``NBB'') or National Best Offer (``NBO''). As amended, in such
a circumstance, the quoting obligation would commence as soon as
there has been a regular-way transaction on the primary listing
market in the security, as reported by the responsible single plan
processor. In addition, the Amendment modifies the proposal so that
a market maker's quoting obligation shall be suspended during a
trading halt, suspension or pause, and shall not re-commence until
after the first regular-way transaction on the primary listing
market following that halt, suspension or pause, as reported by the
responsible single plan processor. Finally, so that the markets may
coordinate implementation upon approval of the proposed rule
changes, BYX stated in Amendment No. 1 that the planned
implementation date for the proposed rule change would be December
6, 2010.
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II. Description of the Proposal

    On May 6, 2010, the U.S. equity markets experienced a severe
disruption.\5\ Among other things, the prices of a large number of
individual securities suddenly declined by significant amounts in a
very short time period, before suddenly reversing to prices consistent
with their pre-decline levels. This severe price volatility led to a
large number of trades being executed at temporarily depressed prices,
including many that were more than 60% away from pre-decline prices and
subsequently broken.
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    \5\ The events of May 6 are described more fully in the report
of the staffs of the Commodity Futures Trading Commission (``CFTC'')
and the Commission, titled Report of the Staffs of the CFTC and SEC
to the Joint Advisory Committee on Emerging Regulatory Issues,
``Findings Regarding the Market Events of May 6, 2010,'' dated
September 30, 2010 (``May 6 Staff Report'').
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    As noted in the May 6 Staff Report, executions against stub quotes
represented a significant proportion of broken trades on May 6. To
address this aspect of the events of May 6, in coordination with the
Commission, in addition to the Exchange, nine of the national
securities exchanges and the Financial Industry Regulatory Authority,
Inc. (``FINRA'') filed proposals to address stub quotes by introducing
minimum quoting standards for market makers.\6\ Those

proposals were approved by the Commission on November 5, 2010.\7\
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    \6\ See Securities Exchange Act Release Nos. 62945 (September
20, 2010), 75 FR 58460 (September 24, 2010) (SR-BATS-2010-025);
62954 (September 20, 2010), 75 FR 59305 (September 27, 2010) (SR-BX-
2010-66); 62951 (September 20, 2010), 75 FR 59309 (September 27,
2010) (SR-CBOE-2010-087); 62949 (September 20, 2010), 75 FR 59315
(September 27, 2010) (SR-CHX-2010-22); 62953 (September 20, 2010),
75 FR 59300 (September 27, 2010) (SR-FINRA-2010-049); 62950
(September 20, 2010), 75 FR 59311 (September 27, 2010) (SR-NASDAQ-
2010-115); 62952 (September 20, 2010), 75 FR 59316 (September 27,
2010) (SR-NSX-2010-12); 62948 (September 20, 2010), 75 FR 58455
(September 24, 2010) (SR-NYSE-2010-69); 62947 (September 20, 2010),
75 FR 58453 (September 24, 2010) (SR-NYSEAmex-2010-96); 62946
(September 20, 2010), 75 FR 58462 (September 24, 2010) (SR-NYSEArca-
2010-83).
    \7\ See Securities Exchange Act Release No. 63255 (November 5,
2010), 75 FR 69484 (November 12, 2010) (SR-BATS-2010-025; SR-BX-
2010-66; SR-CBOE-2010-087; SR-CHX-2010-22; SR-FINRA-2010-049; SR-
NASDAQ-2010-115; SR-NSX-2010-12; SR-NYSE-2010-69; SR-NYSEAmex-2010-
96; SR-NYSEArca-2010-83).
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    The BYX proposal is substantively identical to the market maker
quotation requirements that were previously approved by the Commission
for the nine national securities exchanges and FINRA. The proposal
requires market makers to maintain continuous two-sided quotations
throughout the trading day \8\ that are within a certain percentage
band of the national best bid and offer (``NBBO''). These requirements
apply to all NMS stocks \9\ during normal market hours. For stocks
subject to the individual stock circuit breaker pilot program (i.e.,
stocks that are included in the S&P 500, stocks that are included in
the Russell 1000, and certain exchange-traded products),\10\ market
makers must enter quotes that are not more than 8% away from the NBBO.
A quote that is entered at or within 8% away from the NBBO is allowed
to drift a certain additional amount away from the NBBO before it must
be adjusted by the market maker. However, if the NBBO moves to a point
such that the quote is 9.5% away from the NBBO, that quote must be
adjusted so that it is no further than 8% away from the NBBO. During
times in which a single-stock circuit breaker is not applicable (i.e.,
before 9:45 a.m. and after 3:35 p.m.), market makers for such
securities must maintain a quote no further than 20% away from the
NBBO. Similar to the requirements when the single-stock circuit
breakers are in effect, a market maker's quote may drift an additional
1.5% away from the NBBO without adjustment (i.e., until it is 21.5%
away from the NBBO), at which point it would need to be adjusted to a
quote no further than 20% away from the NBBO. In the absence of an
NBBO, the same percentages apply, but the market maker must use the
consolidated last sale instead of the NBBO.
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    \8\ As noted, Amendment No. 1 modifies the BYX proposal so that
the quoting obligation would commence as soon as there has been a
regular-way transaction on the primary listing market in the
security, as reported by the responsible single plan processor. The
Amendment also modifies that the market maker's quoting obligations
shall be suspended during a trading halt, suspension or pause, and
shall not re-commence until the first-regular way print on the
primary listing market following that halt, suspension or pause, as
reported by the responsible single plan processor. See supra note 4.
The BYX amendment is substantively identical to the amendments filed
by the nine national securities exchanges and FINRA in connection
with their filings.
    \9\ See 17 CFR 242.600 (defining NMS stock as ``any NMS security
other than an option'' and NMS security as ``any security or class
of securities for which transaction reports are collected,
processed, and made available pursuant to an effective transaction
reporting plan, or an effective national market system plan for
reporting transactions in listed options'').
    \10\ See Securities Exchange Act Release Nos. 62283 (September
10, 2010), 75 FR 56608 (September 16, 2010); 62884 (September 10,
2010), 75 FR 56618 (September 16, 2010).
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    For securities that are not subject to the single-stock circuit
breakers, market makers must maintain quotes that are no more than 30%
away from the NBBO. Like securities subject to the single-stock circuit
breakers, if the NBBO moves to a point such that the quote is 31.5%
away from the NBBO, the quote must be adjusted to a quote no further
than 30% away from the NBBO.
    Nothing in the BYX proposal precludes a market maker from
voluntarily quoting at price levels that are closer to the NBBO than
required under the proposal.
    The planned implementation date for the proposed rule change is
December 6, 2010.
    BYX also proposed an optional functionality to automatically update
market makers' quotes. Upon the request of a market maker, the BYX
system would automatically enter and adjust quotes in accordance with
the proposed quotation requirements. If a market maker cancelled the
quotations entered by BYX through this functionality, the market maker
would remain responsible for complying with the minimum quotation
requirements imposed by the new rule.

III. Commission Findings

    The Commission finds that the proposed rule change implementing
enhanced market maker quotation standards is consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to national securities exchanges. In particular, the
Commission finds that the proposal is consistent with Section 6(b)(5)
of the Act,\11\ which, among other things, requires that the rules of
national securities exchanges be designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and in general,
to protect investors and the public interest.\12\ The Commission also
believes that the proposal is consistent with Section 11A(a)(1) of the
Act\13\ in that it seeks to assure fair competition among brokers and
dealers and among exchange markets.
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    \11\ 15 U.S.C. 78f(b)(5).
    \12\ In approving the proposed rule change, the Commission notes
that it has considered the proposed rule's impact on efficiency,
competition, and capital formation. 15 U.S.C. 78c(f).
    \13\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

    By requiring market makers to maintain quotes that are priced
within a broad range around the NBBO, the proposed rule should help
assure that quotations submitted by market makers to an exchange, and
displayed to market participants, bear some relationship to the
prevailing market price, and thus should promote fair and orderly
markets and the protection of investors. In addition, by precluding
market makers from submitting ``stub'' quotes that are so far away from
the prevailing market price that they are not intended to be executed,
the proposed rule should reduce the risk that trades will occur at
irrational prices. As noted above, a large number of trades were
executed at irrational prices on May 6, 2010 and were ultimately
broken. In this respect, the proposal also should promote the goals of
investor protection and fair and orderly markets. Finally, because BYX
is proposing a rule that, in conjunction with the rules of the other
national securities exchanges and FINRA, creates uniform rules with
respect to these market maker quoting obligations, the proposed rule
change as a whole will assure these baseline standards are applied
throughout the equity markets.
    The Commission also finds that the functionality proposed by the
Exchange is consistent with Section 6(b)(5) of the Act,\14\ which,
among other things, requires that the rules of national securities
exchanges be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and in general, to protect investors and the
public interest. The proposed functionality should assist market makers
on BYX in maintaining continuous, two-sided limit orders within the
prescribed limits in the

securities in which they are registered to satisfy their new quoting
obligations.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Accelerated Approval

    The Commission also finds good cause, pursuant to Section 19(b)(2)
of the Act,\15\ for approving the proposed Amendment No. 1 on an
accelerated basis. The amendment reflects the concern that the proposed
market maker quoting obligations should not apply during times when
market makers should be permitted to absorb material information
affecting a security for which they are registered as a market maker,
whether before or during the trading day, i.e., until there has been a
regular-way transaction on a security's primary listing market or
during a trading halt. Approving the amendment on an accelerated basis
would allow these provisions to be effective as of the implementation
date of the new market maker requirements.
---------------------------------------------------------------------------

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

V. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether Amendment No. 1
to the proposed rule change is consistent with the Act. Comments may be
submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BYX-2010-001 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BYX-2010-001. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filings also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BYX-2010-001 and should be
submitted on or before December 15, 2010.

VI. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\16\ that the proposed rule change (SR-BYX-2010-001), as modified
by Amendment No. 1, be, and hereby is, approved on an accelerated
basis.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-29614 Filed 11-23-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Notices]
[Pages 11242-11243]
[FR Doc No: 2015-04223]

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SECURITIES AND EXCHANGE COMMISSION

[Extension: Rule 35d-1; SEC File No. 270-491, OMB Control No. 3235-
0548]

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (the ``Commission'') has submitted to the Office of
Management and Budget (``OMB'') a request for extension of the
previously approved collection of information discussed below.
    Rule 35d-1 (17 CFR 270.35d-1) under the Investment Company Act of
1940 (15 U.S.C. 80a-1 et seq.) defines as ``materially deceptive and
misleading'' for purposes of Section 35(d), among other things, a name
suggesting that a registered investment company or series thereof (a
``fund'') focuses its investments in a particular type of investment or
investments, in investments in a particular industry or group of
industries, or in investments in a particular country or geographic
region, unless, among other things, the fund adopts a certain
investment policy. Rule 35d-1 further requires either that the
investment policy is fundamental or that the fund has adopted a policy
to provide its shareholders with at least 30 days prior notice of any
change in the investment policy (``notice to shareholders''). The
rule's notice to shareholders provision is intended to ensure that when
shareholders purchase shares in a fund based, at least in part, on its
name, and with the expectation that it will follow the investment
policy suggested by that name, they will have sufficient time to decide
whether to redeem their shares in the event that the

fund decides to pursue a different investment policy.
    The Commission estimates that there are approximately 11,400 open-
end and closed-end funds that have names that are covered by the rule.
The Commission estimates that of these 11,400 funds, approximately 32
will provide prior notice to shareholders pursuant to a policy adopted
in accordance with this rule per year. The Commission estimates that
the annual burden associated with the notice to shareholders
requirement of the rule is 20 hours per response, for an annual total
of 640 hours per year.
    Estimates of average burden hours are made solely for the purposes
of the Paperwork Reduction Act and are not derived from a comprehensive
or even representative survey or study of the costs of Commission rules
and forms. The collection of information under rule 35d-1 is mandatory.
The information provided under rule 35d-1 will not be kept
confidential. 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.
    The public may view the background documentation for this
information collection at the following Web site, www.reginfo.gov.
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to:
<EMAIL_ADDRESS>and (ii) Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send an email
to<EMAIL_ADDRESS>Comments must be submitted to OMB within 30
days of this notice.

    Dated: February 24, 2015.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-04223 Filed 2-27-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 231 (Monday, December 4, 2017)]
[Notices]
[Pages 57281-57282]
[FR Doc No: 2017-26043]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2004-N-0451]

Food and Drug Administration Modernization Act of 1997:
Modifications to the List of Recognized Standards, Recognition List
Number: 048

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
a publication containing modifications the Agency is making to the list
of standards FDA recognizes for use in premarket reviews (FDA
Recognized Consensus Standards). This publication, entitled
``Modifications to the List of Recognized Standards, Recognition List
Number: 048'' (Recognition List Number: 048), will assist manufacturers
who elect to declare conformity with consensus standards to meet
certain requirements for medical devices.

DATES: These modifications to the list of recognized standards are
applicable December 4, 2017.

ADDRESSES: You may submit electronic or written comments concerning
this document at any time as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2004-N-0451 for ``Food and Drug Administration Modernization Act of
1997: Modifications to the List of Recognized Standards, Recognition
List Number: 048.'' Received comments will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at https://www.regulations.gov or at the Dockets Management
Staff between 9 a.m. and 4 p.m., Monday through Friday. FDA will
consider any comments received in determining whether to amend the
current listing of modifications to the list of recognized standards,
Recognition List Number: 048.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    An electronic copy of Recognition List Number: 048 is available on
the internet at https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/Standards/ucm123792.htm. See section IV for
electronic access to the searchable database for the current list of
FDA recognized consensus standards, including Recognition List Number:
048 modifications and other standards related information. Submit
written requests for a single hard copy of the document entitled
``Modifications to the List of Recognized Standards, Recognition List
Number: 048'' to Scott Colburn, Center for Devices and Radiological
Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
66, Rm. 5514, Silver Spring, MD 20993,<PHONE_NUMBER>. Send one self-
addressed adhesive label to assist that office in processing your
request, or fax your request to<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Scott Colburn, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 5514, Silver Spring, MD 20993,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Section 204 of the Food and Drug Administration Modernization Act
of 1997 (FDAMA) (Pub. L. 105-115) amended section 514 of the Federal
Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 360d). Amended
section 514 allows FDA to recognize consensus standards developed by
international and national organizations for use in satisfying portions
of device premarket review submissions or other requirements.
    In the Federal Register notice of February 25, 1998 (63 FR 9561),
FDA announced the availability of a guidance entitled ``Recognition and
Use of Consensus Standards.'' The notice described how FDA would
implement its standard recognition program and provided the initial
list of recognized standards. The guidance was updated in September
2007 and is available at

https://www.fda.gov/downloads/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/ucm077295.pdf.
    Modifications to the initial list of recognized standards, as
published in the Federal Register, can be accessed at https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/Standards/ucm123792.htm.
    These notices describe the addition, withdrawal, and revision of
certain standards recognized by FDA. The Agency maintains hypertext
markup language (HTML) and portable document format (PDF) versions of
the list of FDA Recognized Consensus Standards. Additional information
on the Agency's standards program is available at https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/Standards/default.htm.

II. Listing of New Entries, Recognition List Number: 048

    In table 1, FDA provides the listing of new entries and consensus
standards added as modifications to the list of recognized standards
under Recognition List Number: 048. FDA lists modifications the Agency
is making that involve the initial addition of standards not previously
recognized by FDA.

        Table 1--New Entries to the List of Recognized Standards
------------------------------------------------------------------------
                                                          Reference No.
        Recognition No.          Title of standard \1\      and date
------------------------------------------------------------------------
                              A. Radiology
------------------------------------------------------------------------
12-307........................  Radiation therapy       AAMI RT2:2017.
                                 readiness check.
------------------------------------------------------------------------
                         B. Software/Informatics
------------------------------------------------------------------------
13-98.........................  Information             ISO/IEC 646
                                 technology--IS0 7-bit   Third edition
                                 coded character set     1991-12-15.
                                 for information
                                 interchange.
13-99.........................  Information             ISO/IEC 15459-2
                                 technology--Automatic   Third edition
                                 identification and      2015-03-01.
                                 data capture
                                 techniques--Unique
                                 identification--Part
                                 2: Registration
                                 procedures.
13-100........................  Information             ISO/IEC 15459-4
                                 technology--Automatic   Third edition
                                 identification and      2014-11-15
                                 data capture            Corrected
                                 techniques--Unique      version 2016-09-
                                 identification--Part    01.
                                 4: Individual
                                 products and product
                                 packages.
13-101........................  Information             ISO/IEC 15459-6
                                 technology--Automatic   Second edition
                                 identification and      2014-11-15
                                 data capture            Corrected
                                 techniques--Unique      version 2016-09-
                                 identification--Part    01.
                                 6: Groupings.
13-102........................  Application of risk     IEC TR 80001-2-8
                                 management for IT-      Edition 1.0
                                 networks                2016-05.
                                 incorporating medical
                                 devices--Part 2-8:
                                 Application guidance--
                                 Guidance on standards
                                 for establishing the
                                 security capabilities
                                 identified in IEC TR
                                 80001-2-2.
13-103........................  Application of risk     IEC TR 80001-2-9
                                 management for IT-      Edition 1.0
                                 networks                2017-01.
                                 incorporating medical
                                 devices--Part 2-9:
                                 Application guidance--
                                 Guidance for use of
                                 security assurance
                                 cases to demonstrate
                                 confidence in IEC TR
                                 80001-2-2 security
                                 capabilities.
------------------------------------------------------------------------
\1\ All standard titles in this table conform to the style requirements
  of the respective organizations.

III. List of Recognized Standards

    FDA maintains the current list of FDA Recognized Consensus
Standards in a searchable database that may be accessed at https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfStandards/search.cfm. FDA
will be incorporating the modifications described in this notice into
the database and, upon publication in the Federal Register, this
recognition of consensus standards will be effective. FDA will be
announcing additional modifications and revisions to the list of
recognized consensus standards, as needed, in the Federal Register once
a year, or more often if necessary.

IV. Recommendation of Standards for Recognition by FDA

    Any person may recommend consensus standards as candidates for
recognition under section 514 of the FD&C Act by submitting such
recommendations, with reasons for the recommendation, to
[email protected]. To be considered, such recommendations
should contain, at a minimum, the following information: (1) Title of
the standard, (2) any reference number and date, (3) name and
electronic or mailing address of the requestor, (4) a proposed list of
devices for which a declaration of conformity to this standard should
routinely apply, and (5) a brief identification of the testing or
performance or other characteristics of the device(s) that would be
addressed by a declaration of conformity.

    Dated: November 29, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-26043 Filed 12-1-17; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Pages 69241-69242]
[FR Doc No: 2023-22187]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-424, OMB Control No. 3235-0473]

Submission for OMB Review; Comment Request; Extension: Rule 17Ad-
3(b)

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for approval of extension of the
previously approved collection of information provided for in Rule
17Ad-3(b) (17 CFR 240.17Ad-3(b)), under the Securities Exchange Act of
1934 (15 U.S.C. 78a et seq.).
    Rule 17Ad-3(b) requires registered transfer agents to send a copy
of the written notice required under Rules 17Ad-2(c), (d), and (h) to
the chief executive officer of each issuer for which the transfer agent
acts when it has failed to turnaround at least 75% of all routine items
in accordance with the requirements of Rule 17Ad-2(a), or to process at
least 75% of all items in accordance with the requirements of Rule
17Ad-2(b), for two consecutive months. The issuer may use the
information contained in the notices: (1) as an early warning of the
transfer agent's non-compliance with the Commission's minimum
performance standards regarding registered transfer agents; and (2) to
become aware of certain problems and poor performances with respect to
the transfer agents that are servicing the issuer's issues. If the
issuer does not receive notice of a registered transfer agent's failure
to comply with the Commission's minimum performance standards, then the
issuer will be unable to take remedial action to correct the problem or
to find another registered transfer agent. Pursuant to Rule 17Ad-3(b),
a transfer agent that has already filed a Notice of Non-Compliance with
the Commission pursuant to Rule 17Ad-2 will only be required to send a
copy of that notice to issuers for which it acts when that transfer
agent fails to turnaround 75% of all routine items or to process 75% of
all items for two consecutive months.
    The Commission estimates that only one transfer agent will be
subject to the third-party disclosure requirements of

Rule 17Ad-3(b) each year. If a transfer agent fails to meet the
turnaround and processing requirements under 17Ad-3(b), it would simply
send its issuer-clients a copy of the notice that had already been
produced for the Commission pursuant to Rule 17Ad-2(c) or (d). The
Commission estimates the requirement will take the transfer agent
approximately four hours to complete. The total estimated burden
associated with Rule 17Ad-3(b) is thus approximately 4 hours per year.
The Commission estimates that the internal compliance cost for the
transfer agent to comply with this third-party disclosure requirement
will be approximately $1,128 per year (4 hours x $283 per hour =
$1,128). The total estimated internal cost of compliance associated
with Rule 17Ad-3(b) is thus approximately $1,128 per year. There are no
external costs associated with sending the notice to issuer-clients.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    The public may view background documentation for this information
collection at the following website: www.reginfo.gov. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
Written comments and recommendations for the proposed information
collection should be sent by November 6, 2023 to (i) www.reginfo.gov/public/do/PRAMain and (ii) David Bottom, Director/Chief Information
Officer, Securities and Exchange Commission, c/o John Pezzullo, 100 F
Street NE, Washington, DC 20549, or by sending an email to:
[email protected].

    Dated: October 2, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-22187 Filed 10-4-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 199 (Monday, October 15, 2018)]
[Rules and Regulations]
[Page 51838]
[FR Doc No: 2018-22336]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0942]

Drawbridge Operation Regulation; Curtis Creek, Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the I695 Bridge across Curtis Creek,
mile 1.0, at Baltimore, MD. The deviation is necessary to facilitate
maintenance. This deviation allows the bridge to remain in the closed-
to-navigation position.

DATES: This deviation is effective without actual notice from October
15, 2018 through 7 p.m. on October 19, 2018. For the purposes of
enforcement, actual notice will be used from 7 a.m. on October 1, 2018,
until October 15, 2018.

ADDRESSES: The docket for this deviation, [USCG-2018-0942] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Hal R. Pitts, Bridge
Administration Branch Fifth District, Coast Guard; telephone (757) 398-
6222, email [email protected].

SUPPLEMENTARY INFORMATION: The Cianbro Corporation, on behalf of the
Maryland Transportation Authority, owner and operator of the I695
Bridge across Curtis Creek, mile 1.0, at Baltimore, MD, has requested a
temporary deviation from the current operating schedule to accommodate
maintenance. The current operating regulation is set out in 33 CFR
117.557.
    Under this temporary deviation, the east bascule draw of the south
span will be maintained in closed-to-navigation position and the west
bascule draw of the south span will be maintained in the open-to-
navigation position from 7 a.m. on October 1, 2018, through 7 p.m. on
October 19, 2018. The north span will open on signal if at least a one-
hour notice is given. At all other times the bridge will operate per 33
CFR 117.557. During the closure of the east bascule draw of the south
span, the I695 Bridge will provide 100 feet of horizontal clearance and
unlimited vertical clearance in the open position and 200 feet of
horizontal clearance and 58 feet of vertical clearance above mean high
water in the closed position.
    Curtis Creek is used by military vessels, recreational vessels, tug
and barge traffic, fishing vessels, and small commercial vessels. The
Coast Guard has carefully considered the nature and volume of vessel
traffic on the waterway and coordinated with maritime stakeholders in
publishing this temporary deviation.
    Vessels able to pass through the bridge in the closed position or
with the east bascule draw of the south span in the closed position may
do so at any time. The bridge will be able to open on signal for
emergency or urgent vessel transits from 7 a.m. to 7 p.m., Monday
through Saturday, if at least a one-hour notice is given; and from 7
p.m. to 7 a.m., and from 7 a.m. to 7 p.m. on Sunday, October 7, 2018,
and Sunday, October 14, 2018, if at least a four-hour notice is given.
There is no immediate alternate route for vessels unable to pass
through the bridge in the closed position or with the east bascule draw
of the north span in the closed position. The Coast Guard will also
inform the users of the waterways through our Local and Broadcast
Notice to Mariners of the change in operating schedule for the bridge
so that vessel operators can arrange their transits to minimize any
impact caused by this temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of this effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: October 9, 2018.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2018-22336 Filed 10-12-18; 8:45 am]
 BILLING CODE 9110-04-P