[Federal Register: July 17, 2006 (Volume 71, Number 136)]
[Notices]
[Page 40566-40567]
[DOCID:fr17jy06-117]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54121; File No. SR-ISE-2006-31]

Self-Regulatory Organizations; International Securities Exchange,
Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to PrecISE Fees

July 10, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on June 30, 2006, the International Securities Exchange, Inc.
(``ISE'' 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 the ISE.
The ISE has designated this proposal as one establishing or changing a
due, fee, or other charge imposed by the ISE under Section
19(b)(3)(A)(ii) of the Act,\3\ and Rule 19b-4(f)(2) thereunder,\4\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The ISE is proposing to amend its Schedule of Fees to: (i) Adopt
PrecISE through VPN fees; (ii) clarify the application of a fee waiver
for PrecISE Trade[supreg] terminals; and (iii) exempt PrecISE through
VPN from Session/API fees. The text of the proposed rule change is
available on the ISE's Web site (http://www.iseoptions.com/legal/proposed
 --rule--changes.asp), at the principal office of the ISE, and

at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this proposed rule change is to amend the Exchange's
Schedule of Fees to: (i) Adopt PrecISE through VPN fees; (ii) clarify
the application of a fee waiver for PrecISE Trade terminals; and (iii)
exempt PrecISE through VPN from Session/API fees.
    PrecISE through VPN is a new method for connecting a PrecISE Trade
terminal to the Exchange.\5\ A PrecISE through VPN connection is
available to Electronic Access Members (``EAMs'') of the Exchange.
PrecISE through VPN consists of PrecISE, a front-end, order entry
application that was recently rolled out by the Exchange that will
eventually replace the current CLICK trade terminals.\6\ PrecISE, in
addition to a dedicated network connection, also runs over a secure
``virtual private network'' (i.e., ``VPN'') over the Internet. PrecISE
through VPN was designed for EAMs that want a lower cost, lower
bandwidth connection to the Exchange than the traditional, dedicated
network PrecISE connection. The Exchange also envisions that EAMs will
use PrecISE through VPN as a back-up or disaster recovery connection to
the Exchange. As a result, the Exchange is proposing to establish a
monthly fee of $250 per terminal for PrecISE through VPN to offset the
Exchange's costs for maintaining these connections.
---------------------------------------------------------------------------

    \5\ PrecISE through VPN is similar to CLICK through VPN, for
which the Exchange has previously adopted fees. See Securities
Exchange Act Release No. 48157 (July 10, 2003), 68 FR 42443 (July
17, 2003) (notice and immediate effectiveness of SR-ISE-2003-14).
    \6\ The Exchange represents that PrecISE through VPN is merely a
different means of connecting to the trading system operated by the
Exchange known as PrecISE (i.e., it is a new means of connecting to
the Exchange's trading system), and does not require any changes to
the Exchange's surveillance or communications rules.
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    Secondly, the Exchange recently adopted a waiver of fees related to
the new PrecISE Trade terminals, such that fees for the first two
months of a member's use of PrecISE Trade terminals are waived.\7\ The
Exchange proposes to clarify that the waiver shall only apply to those
members that are concurrently using both the old CLICK Trade terminals
and the new PrecISE Trade terminals. The purpose of the waiver is to
allow an existing member to transition from a CLICK Trade terminal to a
PrecISE Trade terminal, without being charged both fees. For example,
new members who only have PrecISE Trade terminals would not be eligible
for this fee waiver.
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    \7\ See Securities Exchange Act Release No. 53788 (May 11,
2006), 71 FR 28728 (May 17, 2006) (notice and immediate
effectiveness of SR-ISE-2006-19).
---------------------------------------------------------------------------

    Finally, the Exchange is proposing that PrecISE through VPN
connections be exempt from Session/API fees. As with CLICK through VPN,
Session/API fees will not apply for connecting to the Exchange's
trading system through a VPN connection.
2. Statutory Basis
    The Exchanges believes that the basis under the Act for this
proposed rule change is the requirement under Section 6(b)(4) of the
Act \8\ that an exchange have an equitable allocation of reasonable
dues, fees and other charges among its members and other persons using
its facilities.
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    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

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

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Because the foregoing rule change establishes or changes a due,
fee, or other charge imposed by the Exchange, it has become effective
pursuant to

Section 19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(2) \10\
thereunder. At any time within 60 days of the filing of such 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.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

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

File No. SR-ISE-2006-31 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-ISE-2006-31. 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 the ISE.
    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-ISE-2006-31
and should be submitted on or before August 7, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
 [FR Doc. E6-11210 Filed 7-14-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: April 23, 2009 (Volume 74, Number 77)]
[Notices]
[Page 18600-18602]
[DOCID:fr23ap09-71]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59779; File No. SR-Phlx-2009-32]

Self-Regulatory Organizations; NASDAQ OMX PHLX, Inc.; Notice of
Filing of Amendment No. 1 to Proposed Rule Change Relating to the
Exchange's Enhanced Electronic Trading Platform for Options, Phlx XL II

April 16, 2009.
    On April 3, 2009, NASDAQ OMX PHLX, Inc. (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
implement several enhancements to its electronic options trading
system, Phlx XL. The proposed rule change was published for comment in
the Federal Register on April 14, 2009.\3\ Pursuant to Section 19(b)(1)
of the Act,\4\ and Rule 19b-4 thereunder,\5\ notice is hereby given
that on April 15, 2009, Phlx filed with the Commission Amendment No. 1
to the proposed rule change as described in Item I below. The
Commission is publishing this notice of Amendment No. 1 to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 59721 (April 7,
2009), 74 FR 17245 (April 14, 2009).
    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of Amendment No. 1 to the Proposed Rule Change

    The Exchange is filing Amendment No. 1 to clarify and correct
discrete portions of File No. SR-Phlx-2009-32, which proposes to
implement several enhancements to its electronic options trading
system, Phlx XL, with the enhanced system to be named Phlx XL II. The
text of the proposed rule change is available on the Exchange's Web
site at http://nasdaqomxphlx.cchwallstreet.com/NASDAQOMXPHLX/Filings/,
at the principal office of the Exchange, and at the Commission's Public
Reference Room.

Changes to the ``Purpose'' Section of the Previously Submitted Form
19b-4

    References to ``page numbers'' mean the page numbers in the
previously submitted Form 19b-4 for SR-Phlx-2009-32. In addition to the
proposed changes below, the Exchange proposes conforming changes to the
previously submitted Exhibit 1 to SR-Phlx-2009-32.
    1. Delete from footnote 3 the Federal Register citation to
``44612'' and replace it with ``46612.''
    2. Add a closing parenthesis to footnote 6 after the phrase, ``the
``Linkage Plan,''.''
    3. Delete the following phrase from the third sentence of the first
full paragraph on page 12:
    ``a number of contracts with a size equal to the size of the
interest at other markets at prices better than interest on the
Exchange,''
    Replace the deleted phrase with the following:
    ``all marketable contracts on the Exchange to such better priced
away markets,''
    4. Delete the following phrase from the first sentence of the first
full paragraph on page 15:
    ``conduct a Provisional Opening''
    Replace the deleted phrase with the following:
    ``open as many contracts as possible''
    5. Delete the final sentence of the first full paragraph on page 15
which states:
    ``The Exchange opening price will always be equal to or better than
the OQR.''
    6. Delete the following sentence from footnote 39:
    ``The duration of the brief period will be published in an Options
Trader Alert, which will be available on the Exchange's web site.''
    This is consistent with footnote 65. The brief period is not on a
timer.
    7. Add the following at the end of footnote 44 on page 20:
    ``All references to a ``Quote Exhaust Timer'' in the Phlx XL II
system and in the proposed rules mean a system pause for a brief
period. Phlx XL II participants will not receive any notification that
a Quote Exhaust Timer has been initiated.''
    8. In the seventh line of the second paragraph on page 24, delete
``B'' in parentheses and replace it with ``E'' in parentheses and
delete the ``C'' in parentheses and replace it with ``F'' in
parentheses.
    9. Delete the following sentences from Page 30 under Example II
``After the Quote Exhaust Timer'':
    ``The initiating order buys 20 contracts from Market Maker 1 at
2.70 and the Phlx XL II system will contemporaneously route the
unexecuted balance of the initiating order to the away market, 10 to
buy at 2.70. This should result in a buy of 10 contracts at 2.65 on the
away market.
    The disseminated PBBO is 2.20 bid, 2.70 offer, with a size of
20x5''
    Replace the deleted sentences with the following:
    ``The initiating order has 30 unexecuted contracts to buy. The Phlx
XL II system will route 10 contracts to buy at 2.65 to the ABBO market,
which is the best available price and size. The remaining balance is
posted in the PBBO at the ABBO price.
    The disseminated PBBO is 2.65 bid, 2.70 offer, with a size of
20x25.''
    10. Delete the following phrase from the second sentence of the
last paragraph on page 34 (and continuing to page 35):
    ``a number of contracts that will satisfy interest at''
    Replace the deleted phrase with the following:
    ``all marketable contracts on the Exchange to''
    11. Delete the following phrase from the second sentence of the
first full paragraph on page 35:
    ``a number of contracts that will satisfy interest at other markets
at prices better than''
    Replace the deleted phrase with the following:
    ``any remaining contracts to away markets at''
    12. Delete the word ``or'' from the third line of the first full
paragraph on page 38, and replace it with the phrase ``if the Exchange
Auction Price is no more than''

    13. Add the letter ``i'' to the second line of the third full
paragraph on page 41 immediately before the last letter of the line, to
spell the word ``is.''
    14. Add the word ``be'' at the end of the third line from the
bottom of page 45, after the word ``not'' and before the word
``eligible.''
    15. Add the following at the beginning of the second full paragraph
on page 45:
    ``In the circumstances described in the preceding paragraph,''
    Delete the capital ``W'' from the word ``What'' and replace it with
a lower case ``w.''
    16. Add the following at the beginning of the second full paragraph
on page 46:
    ``In the circumstances described in the preceding paragraph,''
    Delete the capital ``W'' from the word ``What'' and replace it with
a lower case ``w.''
    17. Add the following at the beginning of the second full paragraph
on page 48:
    ``In the circumstances described in the preceding paragraph,''
    Delete the capital ``W'' from the word ``What'' and replace it with
a lower case ``w.''
    18. Add the following at the beginning of the second full paragraph
on page 49:
    ``In the circumstances described in the preceding paragraph,''
    Delete the capital ``W'' from the word ``What'' and replace it with
a lower case ``w.''
    19. Add the following at the beginning of the second full paragraph
on page 50:
    ``In the circumstances described in the preceding paragraph,''
    Delete the capital ``W'' from the word ``What'' and replace it with
a lower case ``w.''
    20. In the last line on page 54, delete the lower case ``m'' and
add a capital ``M'' to form the word ``Management.''

Changes to Previously Submitted Proposed Rule Text

    1. Delete currently proposed Rule 1017(l)(ii)(E) and replace it
with:
    ``A different opening price will not require the Phlx XL II system
to repeat the entire opening process.``
    2. Amend the first sentence of proposed Rule 1017(l)(iii)(B) to
state:
    ``If there is sufficient size on the Exchange and on away markets
on the opposite side of the market from the imbalance to execute all
opening marketable interest at a price that is at or within the
established OQR and the Away Best Bid or Offer (``ABBO'') without
leaving an imbalance, the Phlx XL II system will open the affected
series for trading at that price by executing opening marketable
interest on the Phlx XL II system, as long as the system does not trade
through the ABBO.''
    3. Amend proposed Rule 1017(l)(iv)(B) to state:
    ``If opening quotes, Opening Sweeps and orders submitted during the
Imbalance Timer, or other changes to the ABBO, would allow the entire
imbalance amount to trade at the Exchange at or within the OQR without
trading through the ABBO, the Imbalance Timer will end and the Phlx XL
II system will execute at the appropriate opening price.''
    4. Delete from proposed Rule 1017(l)(iv)(C)(3) the phrase:
    ``a number of contracts with a size equal to the size of the
interest at other markets at prices better than interest on the
Exchange,''
    Replace that deleted phrase with the following:
    ``all marketable contracts on the Exchange to such better priced
away markets,''
    5. Delete the first two sentences from Rule 1017(l)(iv)(C)(7) and
replace with the following:
    ``If after that number of times, the Phlx XL II system still cannot
route and/or trade the entire imbalance amount, the Phlx XL II system
will open as many contracts as possible by routing to other markets at
prices better than the Exchange opening price for their disseminated
size, trading available contracts on the Exchange at the Exchange
opening price, and routing contracts to other markets at prices equal
to the Phlx opening price at their disseminated size.''
    6. Make a marking correction to Proposed Rule 1080(c)(iv)(E) by
underlining the new capital ``R'' in the proposed rule text.
    7. Delete from the first line of proposed Rule 1080(h), the capital
``A'' and replace it with a lower case ``a.''
    8. Make a marking correction to the first three lines of Proposed
Rule 1080(m) by underlining the following proposed rule text:
    ``only customer FIND and SRCH Orders (as defined below) with no
other contingencies. IOC Orders will be cancelled immediately if not
executed, and will not be routed.''
    9. Add the word ``be'' to the last sentence of the third paragraph
of proposed Rule 1080(m)(iv)(B) between the words ``not'' and
``eligible.''
    10. Add the following to the beginning of the fifth paragraph of
proposed Rule 1080(m)(iv)(B):
    ``In the circumstances described in the preceding paragraph,''
    Delete the capital ``W'' from the word ``What'' and replace it with
a lower case ``w.''
    11. Add the following to the beginning of the seventh paragraph of
proposed Rule 1080(m)(iv)(B):
    ``In the circumstances described in the preceding paragraph,''
    Delete the capital ``W'' from the word ``What'' and replace it with
a lower case ``w.''
    12. Add the word ``be'' to the last sentence of the seventh
paragraph of proposed Rule 1080(m)(iv)(B) between the words ``not'' and
``eligible.''
    13. Amend the final paragraph of proposed Rule 1080(m)(iv)(B) by
adding a space between ``Phlx XL'' and ``II'' in the seventh line. Also
delete the lower case ``b'' in parentheses at the end of the seventh
line and replace it with a capital ``B.''
    14. Add the following to the beginning of the fifth paragraph of
proposed Rule 1080(m)(iv)(C):
    ``In the circumstances described in the preceding paragraph,''
    Delete the capital ``W'' from the word ``What'' and replace it with
a lower case ``w.''
    15. Add the following to the beginning of the seventh paragraph of
proposed Rule 1080(m)(iv)(C):
    ``In the circumstances described in the preceding paragraph,''
    Delete the capital ``W'' from the word ``What'' and replace it with
a lower case ``w.''
    16. Correct a typographical error in the sixth paragraph of
proposed Rule 1080(m)(iv)(C) by adding an ``i'' to the word ``Timer''
in the last sentence.
    17. Add the following to the beginning of the ninth paragraph of
proposed Rule 1080(m)(iv)(C):
    ``In the circumstances described in the preceding paragraph,''
    Delete the capital ``W'' from the word ``What'' and replace it with
a lower case ``w.''
    18. Delete the capital ``I'' from the first line of proposed Rule
1082(a)(ii)(B)(3)(g)(iii)(B)(3) and replace it with a lower case ``i.''
    19. Add the word ``to'' to the first line of proposed Rule
1082(a)(ii)(B)(3)(g)(iv)(A)(4) between the words ``equal'' and
``both.''
    20. Delete the capital ``I'' from the first line of proposed Rule
1082(a)(ii)(B)(3)(g)(iv)(B)(3) and replace it with a lower case ``i.''
    21. Delete the words ``quote or'' from the first line of proposed
Rule 1082(a)(ii)(B)(3)(g)(v).
    22. Delete from proposed Rule 1082(a)(ii)(B)(4)(d)(iv)(A) the
following phrase:

    ``a number of contracts that will satisfy interest at''
    Replace the deleted phrase with the following:
    ``all marketable contracts on the Exchange to''.
    23. Delete from proposed Rule 1082(a)(ii)(B)(4)(d)(iv)(B) the
following phrase:
    ``a number of contracts that will satisfy interest at other markets
at prices better than''
    Replace the deleted phrase with the following:
    ``any remaining contracts to away markets at''
    24. Underline the new text ``OQR'' in proposed OFPA A-14.
    The following proposed rules have been changed from the previously
submitted Exhibit 5: 1017(l)(ii)(E); 1017(l)(iii)(B); 1017(l)(iv)(B);
1017(l)(iv)(C)(3); 1017(l)(iv)(C)(7); 1080(c)(iv)(E); 1080(h); 1080(m);
1080(m)(iv)(B); 1080(m)(iv)(C); 1082(a)(ii)(B)(3)(g)(iii)(B)(3);
1082(a)(ii)(B)(3)(g)(iv)(A)(4); 1082(a)(ii)(B)(3)(g)(v);
1082(a)(ii)(B)(4)(d)(iv)(A); 1082(a)(ii)(B)(4)(d)(iv)(B); and OFPA A-
14.
    The Exhibit 5 included in Amendment No. 1 replaces the previously
submitted Exhibit 5 to SR-Phlx-2009-32 in its entirety.\6\
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    \6\ The text of Exhibit 5 to Amendment No. 1 is also available
on the Commission's Web site.
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III. Date of Effectiveness of Amendment No. 1 to the Proposed Rule
Change and Timing for Commission Action

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission shall: (a) by order approve
such proposed rule change, or (b) institute proceedings to determine
whether the proposed rule change should be disapproved.
    The Exchange has requested accelerated approval of this Amendment
No. 1 to the proposed rule change prior to the 30th day after the date
of publication of the notice in the Federal Register. The Commission is
considering granting accelerated approval of the proposed rule change
at the end of a 21-day comment period.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning this Amendment No. 1, including whether this
Amendment No. 1 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-Phlx-2009-32 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-Phlx-2009-32. 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, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2009-32 and should be
submitted on or before May 14, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-9241 Filed 4-22-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Notices]
[Page 63840]
[FR Doc No: 2012-25483]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0001]

Endocrinologic and Metabolic Drugs Advisory Committee; Notice of
Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Endocrinologic and Metabolic Drugs Advisory
Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on November 7, 2012, from 8
a.m. to 5 p.m.
    Location: FDA White Oak Campus, Building 31, the Great Room, White
Oak Conference Center (Rm. 1503), 10903 New Hampshire Ave., Silver
Spring, MD 20993-0002. Information regarding special accommodations due
to a disability, visitor parking, and transportation may be accessed
at: http://www.fda.gov/AdvisoryCommittees/default.htm; under the
heading ``Resources for You,'' click on ``Public Meetings at the FDA
White Oak Campus.'' Please note that visitors to the White Oak Campus
must enter through Building 1.
    Contact Person: Paul Tran, Center for Drug Evaluation and Research,
Food and Drug Administration, 10903 New Hampshire Avenue, WO31-2417,
Silver Spring, MD 20993-0002,<PHONE_NUMBER>, Fax:<PHONE_NUMBER>,
email<EMAIL_ADDRESS>or FDA Advisory Committee Information Line,
1-800-741-8138<PHONE_NUMBER> in the Washington, DC area), to find out
further information regarding FDA advisory committee information. A
notice in the Federal Register about last minute modifications that
impact a previously announced advisory committee meeting cannot always
be published quickly enough to provide timely notice. Therefore, you
should always check the Agency's Web site at http://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before coming to
the meeting.
    Agenda: The committee will discuss the safety and efficacy of a new
drug application (NDA) 200677, pasireotide injection (proposed trade
name SIGNIFOR) for subcutaneous administration, submitted by Novartis
Pharmaceuticals Corporation. Pasireotide is an analog (a chemical
compound that resembles another compound in structure) of somatostatin.
The proposed indication (use) for pasireotide injection is the
treatment of patients with Cushing's disease who require medical
intervention (Cushing's disease is a rare medical condition of
excessive cortisol secretion that is secondary to a tumor located in
the pituitary gland).
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
November 2, 2012. Oral presentations from the public will be scheduled
between approximately 1 p.m. and 2 p.m. Those individuals interested in
making formal oral presentations should notify the contact person and
submit a brief statement of the general nature of the evidence or
arguments they wish to present, the names and addresses of proposed
participants, and an indication of the approximate time requested to
make their presentation on or before October 25, 2012. Time allotted
for each presentation may be limited. If the number of registrants
requesting to speak is greater than can be reasonably accommodated
during the scheduled open public hearing session, FDA may conduct a
lottery to determine the speakers for the scheduled open public hearing
session. The contact person will notify interested persons regarding
their request to speak by October 26, 2012.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Paul Tran at least 7
days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: October 10, 2012.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2012-25483 Filed 10-16-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 88, Number 218 (Tuesday, November 14, 2023)]
[Notices]
[Pages 78093-78096]
[FR Doc No: 2023-25073]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2023-0018]

Beat the Street Interiors, Inc.--Grant of Petition for Temporary
Exemption From Shoulder Belt Requirement for Side-Facing Seats on
Motorcoaches

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Notice of grant of petition for temporary exemption.

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

SUMMARY: This notice grants the petition of Beat the Street Interiors,
Inc. (``BTS'') for a temporary exemption from a shoulder belt
requirement of Federal Motor Vehicle Safety Standard (FMVSS) No. 208,
``Occupant crash protection,'' for side-facing seats on motorcoaches.
This grant permits the petitioner to install Type 1 seat belts (lap
belt only) at side-facing seating positions instead of the Type 2 seat
belts (lap and shoulder belts) required by FMVSS No. 208. After
reviewing the petition, the agency has determined that the requested
exemption is warranted to enable the petitioner to sell a vehicle whose
overall level of safety or impact protection is at least equal to that
of a nonexempted vehicle.

DATES: This exemption applies to the petitioner's motorcoaches produced
from November 14, 2023 until November 14, 2025.

FOR FURTHER INFORMATION CONTACT: Callie Roach, Office of the Chief
Counsel, NCC-200, National Highway Traffic Safety Administration, 1200
New Jersey Avenue SE, Washington, DC, 20590. Telephone:<PHONE_NUMBER>;
Fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Relevant Legal Authority and Regulations

a. Statutory Authority for Temporary Exemptions

    The National Traffic and Motor Vehicle Safety Act (Safety Act),
codified as 49 U.S.C. Chapter 301, provides the Secretary of
Transportation authority to exempt, on a temporary basis, under
specified circumstances, and on terms the Secretary considers
appropriate, motor vehicles from a motor vehicle safety standard or
bumper standard. This authority is set forth in 49 U.S.C. 30113. The
Secretary has delegated the authority for implementing this section to
NHTSA.\1\
---------------------------------------------------------------------------

    \1\ 49 CFR 1.95.
---------------------------------------------------------------------------

    NHTSA established 49 CFR part 555, Temporary Exemption from Motor
Vehicle Safety and Bumper Standards, to implement the statutory
provisions concerning temporary exemptions. Under Part 555 subpart A, a
vehicle manufacturer seeking an exemption must submit a petition for
exemption containing specified information. Among other things, the
petition must set forth (a) the reasons why granting the exemption
would be in the public interest and consistent with the objectives of
the Safety Act, and (b) information showing that the manufacturer
satisfies one of four bases for an exemption.\2\ The petitioner is
applying on the basis that compliance with the standard would prevent
the manufacturer from selling a motor vehicle with an overall safety
level at least equal to the overall safety level of nonexempt vehicles
(see 49 CFR 555.6(d)). A manufacturer is eligible for an exemption on
this basis only if NHTSA determines the exemption is for not more than
2,500 vehicles to be sold in the U.S. in any 12-month period. An
exemption on this basis may be granted for not more than two years but
may be renewed upon reapplication.\3\
---------------------------------------------------------------------------

    \2\ 49 CFR 555.5(b)(5) and 555.5(b)(7).
    \3\ 555.8(b) and 555.8(e).
---------------------------------------------------------------------------

b. Seat Belt Requirements for Over-the-Road Buses in FMVSS No. 208

    On November 25, 2013, NHTSA published a final rule amending FMVSS
No. 208 to require seat belts for each passenger seating position in
all new over-the-road buses (OTRBs) (regardless of gross vehicle weight
rating (GVWR)), and all other buses with GVWRs greater than 11,793
kilograms (kg) (26,000 pounds (lbs.)) (with certain exclusions).\4\
---------------------------------------------------------------------------

    \4\ 78 FR 70415 (November 25, 2013); response to petitions for
reconsideration, 81 FR 19902 (April 6, 2016). The final rule became
effective November 28, 2016 for buses manufactured in a single
stage, and a year later for buses manufactured in more than one
stage. The requirement is found at FMVSS No. 208 S<IP_ADDRESS>.2(c).
---------------------------------------------------------------------------

    In the notice of proposed rulemaking (NPRM) preceding the final
rule (75 FR 50958, August 18, 2010), NHTSA proposed to permit
manufacturers the option of installing either a Type 1 (lap belt) or a
Type 2 (lap and shoulder belt) on side-facing seats.\5\ The proposed
option was consistent with a provision in FMVSS No. 208 that allows lap
belts for side-facing seats on buses with a GVWR of 4,536 kg (10,000
lbs.) or less. NHTSA proposed the option because the agency was unaware
of any demonstrable increase in associated risks using lap belts when
compared to using lap and shoulder belts on side-facing seats. In the
NPRM, NHTSA noted that \6\ ``a study commissioned by the European
Commission regarding side-facing seats on minibuses and motorcoaches
found that due to different seat belt designs, crash modes and a lack
of real-world data, it cannot be determined whether a lap belt or a
lap/shoulder belt would be the most effective.'' \7\
---------------------------------------------------------------------------

    \5\ 75 FR at 50971.
    \6\ 75 FR at 50971-50972.
    \7\ http://ec.europa.eu/enterprise/automotive/projects/safety_consid_long_stg.pdf.
---------------------------------------------------------------------------

    However, after the NPRM was published, the Motorcoach Enhanced
Safety Act of 2012 was enacted as part of the Moving Ahead for Progress
in the 21st Century Act (MAP-21), Public Law 112-141 (July 6, 2012).
Section 32703(a) of MAP-21 directed the Secretary of Transportation
(authority delegated to NHTSA) to ``prescribe regulations requiring
safety belts to be installed in motorcoaches at each designated seating
position.'' \8\ As MAP-21 defined ``safety belt'' to mean an integrated
lap and shoulder belt, the final rule amended FMVSS No. 208 to require
lap and shoulder belts at all designated seating positions, including
side-facing seats, on OTRBs.\9\
---------------------------------------------------------------------------

    \8\ MAP-21 states at Sec.  32702(6) that ``the term `motorcoach'
has the meaning given the term `over-the-road bus' in section
3038(a)(3) of the Transportation Equity Act for the 21st Century (49
U.S.C. 5310 note), but does not include a bus used in public
transportation provided by, or on behalf of, a public transportation
agency; or a school bus, including a multifunction school activity
bus.'' Section 3038(a)(3) (49 U.S.C. 5310 note) states: ``The term
`over-the-road bus' means a bus characterized by an elevated
passenger deck located over a baggage compartment.''
    \9\ For side-facing seats on buses other than OTRBs, in the
final rule NHTSA permitted either lap or lap/shoulder belts at the
manufacturer's option.
---------------------------------------------------------------------------

    Even as it did so, however, the agency reiterated its view that
``the addition of a shoulder belt at [side-facing seats on light
vehicles] is of limited value, given the paucity of data related to
side facing seats.'' \10\ NHTSA also reiterated that there have been
concerns expressed in literature about shoulder belts on side-facing
seats, noting in the final rule that, although the agency has no direct
evidence that shoulder belts may cause serious neck injuries when
applied to side-facing seats, there are simulation data indicative of
potential carotid artery injury when the neck is loaded by the shoulder
belt.\11\ The agency also noted that Australian Design Rule ADR 5/04,
``Anchorages for Seatbelts,'' specifically prohibits shoulder belts for
side-facing seats.
---------------------------------------------------------------------------

    \10\ 78 FR at 70448, quoting from the agency's Anton's Law final
rule which required lap/shoulder belts in forward-facing rear
seating positions of light vehicles, 59 FR 70907.
    \11\ Fildes, B., Digges, K., ``Occupant Protection in Far Side
Crashes,'' Monash University Accident Research Center, Report No.
294, April 2010, pg. 57.
---------------------------------------------------------------------------

    Given that background, and believing there would be few side-facing
seats on OTRBs, NHTSA stated in the November 2013 final rule that
manufacturers may petition NHTSA for a temporary exemption under 49 CFR
part 555 to install lap belts instead of lap and shoulder belts at
side-facing seats.\12\ NHTSA further explained that a manufacturer
could seek such an exemption on the basis that the applicant is
otherwise unable to sell a vehicle whose overall level of safety is at
least equal to that of an non-exempted vehicle, stating that the agency
would be receptive to an argument that, for side-facing seats, lap
belts provide an equivalent level of safety to lap and shoulder
belts.\13\
---------------------------------------------------------------------------

    \12\ 78 FR at 70448.
    \13\ Id.
---------------------------------------------------------------------------

II. Petition From BTS

    In accordance with 49 U.S.C. 30113 and the procedures in 49 CFR
part 555, BTS, a final-stage manufacturer of entertainer motorcoaches,
submitted a petition on September 13, 2022, asking NHTSA for a
temporary exemption from the shoulder belt requirement of FMVSS No. 208
for side-facing seats on its vehicles. The petitioner seeks to install
Type 1 seat belts (lap belt only) at side-facing seating positions,
instead of Type 2 seat belts (lap and shoulder belts) as required by
FMVSS No. 208. The basis for the petition is that compliance would
prevent the petitioner from selling a motor vehicle with an overall
safety level at least equal to the overall safety level of nonexempt
vehicles (49 CFR 555.6(d)).\14\
---------------------------------------------------------------------------

    \14\ The petition is similar to petitions for temporary
exemption NHTSA received from 14 other final stage manufacturers on
the same shoulder belt requirement of FMVSS No. 208 for side-facing
seats on entertainer buses. The first petition was submitted by
Hemphill Brothers Leasing Company, LLC (Hemphill). (Notice of
receipt of petition, 84 FR 11735 (March 28, 2019); notice of grant
of petition, 84 FR 61966 (November 14, 2019)). Later, NHTSA granted
13 additional petitions submitted by All Access Coach Leasing LLC,
Amadas Coach, Creative Mobile Interiors, D&S Classic Coach Inc.,
Farber Specialty Vehicles, Florida Coach, Inc., Geomarc, Inc.,
Integrity Interiors LLC, Nitetrain Coach Company, Inc., Pioneer
Coach Interiors LLC, Roberts Brothers Coach Company, Russell
Coachworks LLC, and Ultra Coach Inc. (Notice of receipt of the
petitions, 85 FR 51550 (August 20, 2022); notice of grant of
petitions, 87 FR 33299 (June 1, 2022)).

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

    A copy of the petition has been placed in the docket listed in the
heading of this notice. To view the petition, go to http://www.regulations.gov and enter the docket number in the heading.

c. Brief Overview of the Petition

    BTS states that it is a final-stage manufacturer of over-the-road
buses and customizes motorcoaches to meet the needs of its entertainer
clients and other specialized customers. BTS states that it typically
receives a bus shell \15\ from a manufacturer of incomplete vehicles
and then builds out the complete interior of the vehicle.\16\ The
petitioner states that the motorcoaches it completes are primarily used
for touring artists and their crews.\17\ BTS states that it is a small
business and expects to manufacture no more than 14 vehicles during the
exemption period.\18\
---------------------------------------------------------------------------

    \15\ The petition describes the bus shell as generally
containing the following components: exterior frame; driver's seat;
dash cluster, speedometer, emissions light and emissions diagnosis
connector; exterior lighting, headlights, marker lights, turn
signals lights, and brake lights; exterior glass, windshield and
side lights with emergency exits; windshield wiper system; braking
system; tires, tire pressure monitoring system and suspension; and
engine and transmission.
    \16\ BTS petition at page 2.
    \17\ Id.
    \18\ Id.
---------------------------------------------------------------------------

    Pursuant to 49 CFR 555.6(d), an application must provide ``[a]
detailed analysis of how the vehicle provides the overall level of
safety or impact protection at least equal to that of nonexempt
vehicles.''
    BTS reiterates the agency's discussion from the August 2010 NPRM
and November 2013 seat belt final rule, summarized above.\19\ BTS also
references the 14 petitions that NHTSA has granted to other similar
manufacturers.\20\ BTS states that NHTSA has not conducted testing on
the impact or injuries to passengers in side-facing seats in
motorcoaches, so ``there is no available credible data that supports
requiring a Type 2 belt at the side-facing seating positions.'' \21\
BTS states that it believes that if not exempted from the requirement,
BTS will be required to offer its customers ``a motorcoach with a
safety feature that could make the occupants less safe, or certainly at
least no more safe, than if the feature was not installed.'' \22\
---------------------------------------------------------------------------

    \19\ Id. at pages 3-5.
    \20\ Id. at page 2.
    \21\ Id. at page 5.
    \22\ Id. at page 6.
---------------------------------------------------------------------------

    Pursuant to 49 CFR 555.5(b)(7), a petitioner must state why
granting an exemption allowing it to install Type 1 instead of Type 2
seat belts in side-facing seats would be in the public interest and
consistent with the objectives of the Safety Act.
    The petitioner states that granting an exemption would enable it to
sell vehicles with Type 1 lap belts on its side-facing seats.\23\ BTS
further states that granting this petition will provide relief to a
small business.\24\ Additionally, because this petition follows NHTSA's
grant of 14 similar petitions, BTS states that granting this exemption
will assist in providing a consistent, objective standard that is easy
for manufacturers to understand and meet.\25\
---------------------------------------------------------------------------

    \23\ Id.
    \24\ Id.
    \25\ Id.
---------------------------------------------------------------------------

    BTS also states its belief that providing Type 1 belts at side-
facing seats is consistent with the objectives of the Safety Act
because it allows the manufacturer to determine the best approach to
motor vehicle safety depending on the intended use of the vehicle and
its overall design, and is consistent with current analysis of the
NHTSA and the European Commission that indicates no demonstrable
difference in risk between the two types of belts when installed in
sideways-facing seats.\26\
---------------------------------------------------------------------------

    \26\ Id.
---------------------------------------------------------------------------

    In support of its petition, BTS also states that it produces only a
small number of motorcoaches annually, expecting to manufacture only
about 14 motorcoaches under the period of exemption, well below the
limit of 2,500 vehicles.\27\
---------------------------------------------------------------------------

    \27\ Id.
---------------------------------------------------------------------------

    The petitioner also indicates that it expects to seek to renew this
exemption, if granted, at the end of the exemption period.\28\
---------------------------------------------------------------------------

    \28\ Id. at page 7.
---------------------------------------------------------------------------

III. Receipt Notice Seeking Comments

    On April 26, 2023, NHTSA published a notice of receipt of the
petition for temporary exemption from BTS and requested comment on the
petition.\29\ No comments were received.
---------------------------------------------------------------------------

    \29\ 88 FR 25445.
---------------------------------------------------------------------------

IV. Agency Analysis and Decision

    The agency grants the petition. This grant will allow the
petitioner to sell a vehicle whose overall level of safety or impact
protection is at least equal to that of a nonexempted vehicle.
    In the rulemaking implementing MAP-21's mandate for seat belts on
motorcoaches, NHTSA's proposal in the NPRM was to allow manufacturers
an option of installing Type 1 (lap belt) or Type 2 (lap and shoulder
belt) on side-facing seats. The proposed option was consistent with a
provision in FMVSS No. 208 that allows lap belts for side-facing seats
on buses with a GVWR of 4,536 kg (10,000 lbs.) or less. NHTSA proposed
the option because the agency was unaware of any demonstrable increase
in associated risk of lap belts compared to lap and shoulder belts on
side-facing seats.\30\ The agency believed that lap belts were as
protective as lap and shoulder belts on side-facing seats. NHTSA
continues to believe this to be true.\31\
---------------------------------------------------------------------------

    \30\ 75 FR 50958 at pages 50971-72 (August 18, 2010).
    \31\ 78 FR 7041 at pages 70447-48.
---------------------------------------------------------------------------

    The petitioner cited discussion of safety concerns about the
shoulder belt portion of a lap and shoulder belt on side-facing seats.
However, it did not provide any additional information about the
potential for ``serious injury'' beyond reciting what NHTSA stated on
the matter in the November 2013 final rule. Accordingly, NHTSA believes
that the potential safety risk at issue is theoretical; as explained in
the November 2013 final rule,\32\ and the agency cannot affirmatively
conclude, based on available information, that shoulder belts on side-
facing seats are associated with a demonstrated risk of serious neck
injuries in frontal crashes. At the same time, NHTSA believes a
shoulder belt is of limited value on side-facing seats for the reasons
explained in the final rule. Given the uncertainties about shoulder
belts on side-facing seats, the few side-facing seats there are on
buses subject to the November 2013 final rule, and that FMVSS No. 208
does not require shoulder belts on side-facing seats on any other
vehicle type, NHTSA is granting the petition for temporary exemption.
---------------------------------------------------------------------------

    \32\ 78 FR 7041 at pages 70447-48
---------------------------------------------------------------------------

    The grant will permit the petitioner to install Type 1 seat belts
(lap belt only) at side-facing seating positions, instead of Type 2
seat belts (lap and shoulder belts) at those positions, on the OTRBs it
manufactures. This exemption does not apply to forward-facing
designated seating positions on the petitioner's vehicles. Under FMVSS
No. 208, the forward-facing seating positions must have Type 2 lap and
shoulder belts.

    NHTSA believes that granting the petitioner's exemption request is
consistent with the public interest. The exemption will enable the
applicant to sell buses whose overall level of safety is at least equal
to that of non-exempted vehicles. Further, we acknowledge that the
petitioner is a small business as defined in 13 CFR 121.201 \33\ Thus,
this temporary exemption not only permits the manufacturer to sell
vehicles whose overall level of safety is at least equal to that of
non-exempted vehicles, but also provides relief to a small business.
---------------------------------------------------------------------------

    \33\ According to 13 CFR 121.201, the Small Business
Administration's size standards regulations used to define small
business concerns, manufacturers of these buses fall under North
American Industry Classification System (NAICS) No. 336213, Motor
Home Manufacturing, which has a size standard of 1,250 employees or
fewer.
---------------------------------------------------------------------------

    A grant is consistent with the Safety Act. The requested exemption
will not impact motor vehicle safety because the exempted buses will
provide overall safety at least equal to that of nonexempted buses.
Further, the petitioner produces a small number of affected vehicles
annually. The petitioner stated that it expects to produce no more than
14 affected vehicles during the exemption period. Thus, NHTSA concludes
that the petitioner will manufacture very few vehicles relative to the
2,500 per manufacturer limit set forth in the Safety Act and 49 CFR
555.6(d)(4).
    Further, as explained below, in accordance with 49 CFR 555.9 and
Sec.  30113(h) of the Safety Act, prospective purchasers will also be
notified of the exemption prior to making their purchasing decisions.
The vehicles must have a label notifying prospective purchasers that
the vehicles are exempted from the shoulder belt requirement of FMVSS
No. 208 for the side-facing seats.

V. Labeling

    Under 49 CFR 555.9(b), a manufacturer of an exempted vehicle must
securely affix to the windshield or side window of each exempted
vehicle a label containing a statement that the vehicle meets all
applicable FMVSS in effect on the date of manufacture ``except for
Standard Nos. [Listing the standards by number and title for which an
exemption has been granted] exempted pursuant to NHTSA Exemption
No.__.'' This label notifies prospective purchasers about the exemption
and its subject. Under Sec.  555.9(c)(2), this information must also be
included on the vehicle's certification label.\34\
---------------------------------------------------------------------------

    \34\ 49 CFR 555.9(c)(2) refers to Sec.  567.5(c)(7)(iii) as the
regulation setting forth the certification statement final-stage
manufacturers are to use in their certification labels. That
reference to Sec.  567.5(c)(7)(iii) is outdated; it should be to
Sec.  567.5(d)(2)(v)(A). The certification label requirements for
final-stage manufacturers formerly were in Sec.  567(c)(7)(iii) but
the requirements were moved to Sec.  567.5(d)(2)(v)(A) (see, 70 FR
7433; February 14, 2005).
---------------------------------------------------------------------------

    The text of Sec.  555.9 does not expressly indicate how the
required statement on the two labels should read in situations in which
an exemption covers part, but not all, of an FMVSS. In this case, NHTSA
believes that a blanket statement that the vehicle has been exempted
from Standard No. 208, without an indication that the exemption is
limited to the shoulder belt on side-facing seats, could be confusing.
A purchaser might incorrectly believe that the vehicle has been
exempted from all requirements of FMVSS No. 208. For this reason, NHTSA
believes the two labels should state that the vehicle meets all
applicable FMVSS ``except for the shoulder belt requirement for side-
facing seats (Standard No. 208, Occupant Crash Protection), exempted
pursuant to NHTSA Exemption No. 23-02.''
    In accordance with 49 U.S.C. 30113(b)(3)(B)(iv), the petitioner is
granted NHTSA Temporary Exemption No. EX 23-02 from the shoulder belt
requirement of 49 CFR 571.208 for side-facing seats on their
motorcoaches. The exemption shall remain effective for the period
designated at the beginning of this document in the DATES section.
    Authority: 49 U.S.C. 30113; delegation of authority at 49 CFR 1.95.

Ann Carlson,
Acting Administrator.
[FR Doc. 2023-25073 Filed 11-13-23; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Notices]
[Pages 29778-29779]
[FR Doc No: 2018-13708]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14878-000]

FreedomWorks, LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

    On June 1, 2018, FreedomWorks, LLC, filed an application for a
preliminary permit, pursuant to section 4(f) of the Federal Power Act
(FPA), proposing to study the feasibility of the Mt. Storm Pumped
Storage Hydro Project to be located near Bismarck in Grant County, West
Virginia. The sole purpose of a preliminary permit, if issued, is to
grant the permit holder priority to file a license application during
the permit term. A preliminary permit does not authorize the permit
holder to perform any land-disturbing activities or otherwise enter
upon lands or waters owned by others without the owners' express
permission.
    The proposed project would consist of the following: (1) An
existing Mt. Storm Lake as an upper reservoir with a surface area of
1,200 acres and a storage capacity of 44,000 acre-feet at a surface
elevation of approximately 3,200 feet above mean sea level (msl); (2)
as many as two new lower reservoirs with a combined surface area of 690
acres and a combined storage capacity of 12,000 acre-feet at a surface
elevation of 2,350 to 2,425 feet msl created through construction of
new semi-circular dams and/or dikes; (3) as many as eight new 10,000-
foot-long, 4-foot-diameter penstocks connecting the upper reservoir and
lower reservoir; (4) two new 300-foot-long, 50-foot-wide, 25-foot-high
powerhouses containing four turbine-generator units with a total rated
capacity of 1,000 megawatts; (5) a new transmission line connecting the
powerhouse to a nearby electric grid

interconnection point with options to evaluate multiple grid
interconnection locations; and (6) appurtenant facilities. The proposed
project would have an annual generation of 4,380,000 megawatt-hours.
    Applicant Contact: Tim Williamson, FreedomWorks, LLC, 525 Wren
Lane, Harpers Ferry, WV 25425; phone:<PHONE_NUMBER>.
    FERC Contact: Woohee Choi; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-14878-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14878) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: June 20, 2018.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2018-13708 Filed 6-25-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: June 1, 2009 (Volume 74, Number 103)]
[Notices]
[Page 26270-26271]
[DOCID:fr01jn09-80]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Office of Hazardous Materials Safety; Notice of Delays in
Processing of Special Permits Applications

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of applications delayed more than 180 days.

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

SUMMARY: In accordance with the requirements of 49 U.S.C. 5117(c),
PHMSA is publishing the following list of special permit applications
that have been in process for 180 days or more. The reason(s) for delay
and the expected

completion date for action on each application is provided in
association with each identified application.

FOR FURTHER INFORMATION CONTACT: Delmer F. Billings, Director, Office
of Hazardous Materials Special Permits and Approvals, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue, SE.,
Washington, DC 20590-0001,<PHONE_NUMBER>.

Key to ``Reason for Delay''

    1. Awaiting additional information from applicant.
    2. Extensive public comment under review.
    3. Application is technically complex and is of significant impact
or precedent-setting and requires extensive analysis.
    4. Staff review delayed by other priority issues or volume of
special permit applications.

Meaning of Application Number Suffixes

N--New application
M--Modification request
PM--Party to application with modification request

    Issued in Washington, DC, on May 26, 2009.
Delmer F. Billings,
Director, Office of Hazardous Materials, Special Permits and Approvals.

------------------------------------------------------------------------
                                            Reason for    Estimated date
    Application No.         Applicant          delay       of completion
------------------------------------------------------------------------
                     MODIFICATION TO SPECIAL PERMITS
------------------------------------------------------------------------
14167-M...............  Trinityrail,                   4      06-30-2009
                         Dallas, TX.
8723-M................  Alaska Pacific                 1      06-30-2009
                         Powder Company,
                         Anchorage, AK.
14562-M...............  The Lite                       1      06-30-2009
                         Cylinger
                         Company,
                         Franklin, TN.
------------------------------------------------------------------------
                     NEW SPECIAL PERMIT APPLICATIONS
------------------------------------------------------------------------
14689-N...............  Trinity                     2, 3      06-30-2009
                         Industries,
                         Inc., Dallas,
                         TX.
14733-N...............  GTM                          1,3      06-30-2009
                         Technologies,
                         Inc., San
                         Francisco, CA.
------------------------------------------------------------------------

 [FR Doc. E9-12621 Filed 5-29-09; 8:45 am]

BILLING CODE 4910-60-M


[Federal Register: November 27, 2006 (Volume 71, Number 227)]
[Rules and Regulations]
[Page 68480-68483]
[DOCID:fr27no06-11]

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

40 CFR Part 52

[EPA-R06-OAR-2006-0016; FRL-8248-3]

Approval and Promulgation of Air Quality Implementation Plans;
Texas; Revisions to Reid Vapor Pressure Requirements for Gasoline

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action approving Texas State
Implementation Plan (SIP) revisions. The revisions pertain to Reid
Vapor Pressure (RVP) requirements for gasoline. The revisions add
exemptions to RVP requirements for research laboratories and academic
institutions, competition racing, and gasoline that is being stored or
transferred that is not used in the affected counties. The revisions
also reduce recordkeeping requirements for retail gasoline dispensing
outlets in the affected counties, and correct a typographical error. We
are approving the revisions pursuant to section 110 and part D of the
Federal Clean Air Act (CAA).

DATES: This rule is effective on January 26, 2007 without further
notice, unless EPA receives adverse comment by December 27, 2006. If
EPA receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2006-0016, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm.
 Please click on ``6PD'' (Multimedia) and select

``Air'' before submitting comments.
     E-mail: Mr. Thomas Diggs at<EMAIL_ADDRESS>Please
also send a copy by e-mail to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
     Fax: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-
L), at fax number<PHONE_NUMBER>.
     Mail: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Thomas Diggs, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8 a.m. and 4 p.m. weekdays except
for legal holidays. Special arrangements should be made for deliveries
of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2006-0016. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail.

The http://www.regulations.gov Web site is an ``anonymous access'' system,

which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov

your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form

of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air Planning Section

(6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202-2733. The file will be made available by
appointment for public inspection in the Region 6 FOIA Review Room
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below or Mr. Bill Deese at<PHONE_NUMBER> to make an
appointment. If possible, please make the appointment at least two
working days in advance of your visit. There will be a 15 cent per page
fee for making photocopies of documents. On the day of the visit,
please check in at the EPA Region 6 reception area at 1445 Ross Avenue,
Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment:
    Texas Commission on Environmental Quality, Office of Air Quality,
12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, State/Oversight
Section (6PD-O), Environmental Protection Agency, Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone<PHONE_NUMBER>;
fax number<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we'',
``us'', or ``our'' is used, we mean the EPA.

Outline

I. What Is a SIP?
II. What Action Is EPA Taking?
III. Final Action
IV. Statutory and Executive Order Reviews

I. What Is a SIP?

    Section 110 of the CAA requires states to develop air pollution
regulations and control strategies to ensure that state air quality
meets the NAAQS established by EPA. These ambient standards are
established under section 109 of the CAA, and they currently address
six criteria pollutants. These pollutants are: Carbon monoxide,
nitrogen dioxide, ozone, lead, particulate matter, and sulfur dioxide.
    Each state which contains areas that are not attaining the NAAQS
must submit these regulations and control strategies to us for approval
and incorporation into the federally-enforceable SIP.
    Each federally-approved SIP protects air quality primarily by
addressing air pollution at its point of origin. These SIPs can be
extensive, containing state regulations or other enforceable documents
and supporting information such as emission inventories, monitoring
networks, and modeling demonstrations.

II. What Action Is EPA Taking?

    We are taking direct final action to approve revisions to the Texas
SIP that pertain to regulations on gasoline RVP submitted by the State
on October 4, 2001. The Texas RVP regulations were originally approved
into the SIP by EPA on April 26, 2001 (66 FR 20927). The regulations
are part of the State strategy to achieve the NAAQS for ozone in the
Houston/Galveston and Dallas/Fort Worth nonattainment areas. The
regulations reduce volatile organic compound emissions by requiring
conventional gasoline in a 95-county area of central and eastern Texas
to be limited to maximum RVP of 7.8 pounds per square inch from May 1
through October 1 of each year. The 95 Texas counties are: Anderson,
Angelina, Aransas, Atascosa, Austin, Bastrop, Bee, Bell, Bexar, Bosque,
Bowie, Brazos, Burleson, Caldwell, Calhoun, Camp, Cass, Cherokee,
Colorado, Comal, Cooke, Coryell, De Witt, Delta, Ellis, Falls, Fannin,
Fayette, Franklin, Freestone, Goliad, Gonzales, Grayson, Gregg, Grimes,
Guadalupe, Harrison, Hays, Henderson, Hill, Hood, Hopkins, Houston,
Hunt, Jackson, Jasper, Johnson, Karnes, Kaufman, Lamar, Lavaca, Lee,
Leon, Limestone, Live Oak, Madison, Marion, Matagorda, McLennan, Milam,
Morris, Nacogdoches, Navarro, Newton, Nueces, Panola, Parker, Polk,
Rains, Red River, Refugio, Robertson, Rockwall, Rusk, Sabine, San
Jacinto, San Patricio, San Augustine, Shelby, Smith, Somervell, Titus,
Travis, Trinity, Tyler, Upshur, Van Zandt, Victoria, Walker,
Washington, Wharton, Williamson, Wilson, Wise, and Wood. Texas
developed this fuel requirement as part of a strategy to reduce
emissions of volatile organic compounds and achieve the NAAQS for ozone
in the Houston-Galveston and Dallas-Fort Worth nonattainment areas.
    The revised regulations being approved are Sections 114.307 and
114.309 of Title 30 of the Texas Administrative Code, Chapter 114. The
revisions add exemptions to RVP requirements for research laboratories
and academic institutions, competition racing, and gasoline that is
being stored or transferred that is not used in the affected counties.
The exemptions are similar to those in place for Texas low emission
diesel fuel approved by EPA on November 14, 2001 (66 FR 57196). It is
expected that the emissions that would occur from the exempted sources
would be insignificant in comparison with emissions from sources
covered by the regulation. Because of this the revisions are not
expected to have a significant impact on air quality. The revisions
also reduce record keeping requirements for retail gasoline dispensing
outlets in the affected counties, and correct a typographical error
relating to the name of Smith County. Retail gasoline dispensing
outlets in the affected counties no longer have to keep records of the
RVP of all the gasoline they store or sell. These records will be
maintained by the provider of the gasoline to the retail outlet. The
retail outlets will have to keep records documenting that the gasoline
they sell is certified as meeting the Texas RVP regulations.

III. Final Action

    We are approving the revisions to the Texas SIP that pertain to
regulations on gasoline RVP submitted by the State on October 4, 2001
pursuant to section 110 and part D of the CAA. The revisions add
exemptions to RVP requirements for research laboratories, competitive
racing, and gasoline that is being stored or transferred that is not
used in the affected counties. The revisions to RVP requirements are
not expected to have a significant impact on air quality. The State's
revisions will not interfere with any applicable requirement concerning
attainment or any other applicable requirement of the CAA. As such,
EPA's approval of the revisions complies with the requirements of
section 110(l) of the CAA. Under section 110(l) EPA may not approve a
SIP revision if the revision would interfere with any applicable
requirement concerning attainment or any other applicable requirement
of the CAA. This approval will make the revised regulations federally
enforceable.
    EPA is publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no relevant adverse
comments. However, in the proposed rules section of this Federal
Register

publication, we are publishing a separate document that will serve as
the proposal to approve the SIP revision if relevant adverse comments
are received. This rule will be effective on January 26, 2007 without
further notice unless we receive relevant adverse comment by December
27, 2006. If we receive relevant adverse comments, we will publish a
timely withdrawal in the Federal Register informing the public that the
rule will not take effect. We will address all public comments in a
subsequent final rule based on the proposed rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so now. Please note that if we receive adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, we may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the CAA.
This rule also is not subject to Executive Order 13045 ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this 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.
804(2).
    Under Section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 26, 2007. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See Section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
Relations, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

    Dated: November 9, 2006.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.

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40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart SS--Texas

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2. In Sec.  52.2270 (c), the table entitled ``EPA APPROVED REGULATIONS
IN THE TEXAS SIP'' is amended under Chapter 114 (Reg 4)--Control of Air
Pollution from Motor Vehicles by revising the entries for sections
114.307 and 114.309 to read as follows:

Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
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                                                          State
                                                        approval/
         State citation              Title/subject      submittal    EPA approval date         Explanation
                                                           date
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                        Chapter 114 (Reg 4)--Control of Air Pollution From Motor Vehicles

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                                        Subchapter H--Low Emission Fuels
                                         Division 1: Gasoline Volatility
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                                                  * * * * * * *
Section 114.307.................  Exemptions.........     10/04/01  11/27/06 [Insert FR
                                                                     page number where
                                                                     document begins].
Section 114.309.................  Affected Counties..     10/04/01  11/27/06 [Insert FR
                                                                     page number where
                                                                     document begins].
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[FR Doc. E6-19991 Filed 11-24-06; 8:45 am]

BILLING CODE 6560-50-P