[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)]
[Rules and Regulations]
[Page 29446]
[FR Doc No: 2018-13519]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0592]

Safety Zone; Seafair Air Show Performance, 2018, Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the annual Seafair Air Show
Performance safety zone on Lake Washington, Seattle, WA daily, from 8
a.m. until 4 p.m., from August 2, 2018, through August 5, 2018. This
action is necessary to ensure the safety of the public from inherent
dangers associated with these annual aerial displays. During the
enforcement period, no person or vessel may enter or transit this
safety zone unless authorized by the Captain of the Port or his
designated representative.

DATES: The regulations in 33 CFR 165.1319 will be enforced daily, from
8 a.m. until 4 p.m., from August 2, 2018, through August 5, 2018.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Petty Officer Zachary Spence,
Sector Puget Sound Waterways Management Division, Coast Guard;
telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Seafair Air
Show Performance safety zone in 33 CFR 165.1319 daily, from 8 a.m.
until 4 p.m., from August 2, 2018, through August 5, 2018 unless
canceled sooner by the Captain of the Port.
    Under the provisions of 33 CFR 165.1319, the following area is
designated as a safety zone: All waters of Lake Washington, Washington
State, south of the Interstate 90 bridge, west of Mercer Island, and
north of Seward Park. The specific boundaries of the safety zone are
listed in 33 CFR 165.1319(b).
    In accordance with the general regulations in 33 CFR part 165,
subpart C, no person or vessel may enter or remain in the zone except
for support vessels and support personnel, vessels registered with the
event organizer, or other vessels authorized by the Captain of the Port
or Designated Representatives. Vessels and persons granted
authorization to enter the safety zone must obey all lawful orders or
directions made by the Captain of the Port or his designated
representative.
    The Captain of the Port may be assisted by other federal, state and
local law enforcement agencies in enforcing this regulation.
    In addition to this notice of enforcement in the Federal Register,
the Coast Guard will provide the maritime community with advanced
notification of the safety zone via the Local Notice to Mariners and
marine information broadcasts on the day of the event. If the COTP
determines that the safety zone need not be enforced for the full
duration stated in this notice of enforcement, she may use a Broadcast
Notice to Mariners to grant general permission to enter the regulated
area.

    Dated: June 19, 2018.
M.M. Balding,
Captain, U.S. Coast Guard, Acting Captain of the Port Puget Sound.
[FR Doc. 2018-13519 Filed 6-22-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Notices]
[Pages 78522-78524]
[FR Doc No: 2014-30445]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73909; File No. SR-NYSEArca-2014-140]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Exchange
Rules Regarding Trade Nullification and Price Adjustment

December 22, 2014.
    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 December 16, 2014, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the self-regulatory
organization. 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.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to amend exchange rules regarding trade
nullification and price adjustment. The text of the proposed rule
change is available on the Exchange's Web site at www.nyse.com, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange is proposing to add Rule 6.77A, ``Trade Nullification
and Price Adjustment Procedure.'' \3\ As proposed, Rule 6.77A would
allow for transactions to be nullified if both parties to the
transaction agree to the nullification and allow the price of
executions to be adjusted if the price adjustment is agreed to by both
parties to the transaction and authorized by the Exchange.\4\ The
Exchange is also proposing to make other conforming administrative
changes to streamline the rules governing this subject with the
Exchange's rules.
---------------------------------------------------------------------------

    \3\ The Exchange notes that there are efforts by the exchanges
to create a uniform trade nullification and adjustment rule. Should
the uniform rule be approved and effective, the Exchange will amend
its rules appropriately.
    \4\ The Exchange notes that, as proposed, Rule 6.77A would only
apply to trades that were executed on the Exchange and, as such, any
orders that were either fully or partially routed to, or executed,
on another exchange would not be subject to the proposed Rule 6.77A.
---------------------------------------------------------------------------

Background
    Currently, pursuant to Commentary .02 of Rule 6.77, the Exchange
allows for parties to agree to nullify an execution. Commentary .02 of
Rule 6.77 also states that once both parties agree to the trade
nullification, one party must ``promptly notify the Exchange for
dissemination of cancellation information to the Options Price
Reporting Authority.'' In addition, the Exchange currently allows for a
mutual price adjustment for trades that meet the obvious error (or
catastrophic error) requirements pursuant to Exchange Rule 6.87 if
those mutual agreements are done within specific timeframes.\5\ The
Exchange is now proposing to relocate the aforementioned trade
nullification language and add a provision to allow parties to mutually
adjust prices of executions outside of those done in obvious error. The
Exchange's proposal is based upon similar rules of the Chicago Board
Options Exchange (``CBOE'') and Miami International Securities
Exchange, LLC (``MIAX'').\6\
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    \5\ See Rule 6.87(a)(3) and (7) and 6.87(d)(3).
    \6\ See CBOE Rule 6.19 and Securities Exchange Act Release No.
72970 (September 3, 2014), 79 FR 53498 (September 9, 2014) (SR-CBOE-
2014-066) and MIAX Rule 531 and Release No. 73463 (October 29,
2014), 79 FR 65445 (November 4, 2014) (SR-MIAX-2014-54).
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Proposed Rule 6.77A
    The Exchange is proposing to add Rule 6.77A, ``Trade Nullification
and Price Adjustment Procedure,'' which would: (a) Allow for any trades
on the Exchange to be nullified if both parties to the trade agree to
such nullification, and (b) allow for prices of executions to be
adjusted if the price adjustment is agreed upon by both parties to the
trade and authorized by the Exchange.\7\
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    \7\ See note 5 supra.
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    As stated above, the Exchange currently allows for trades to be
nullified based upon mutual agreement.\8\ With the proposed addition of
Rule 6.77A, the Exchange is only renumbering and relocating this
provision and is not proposing a substantive change to the rule itself.
The Exchange believes that having the provision as a standalone rule
would make it easier for OTP Holders to locate. In addition, the
Exchange believes this administrative change would streamline the
provisions surrounding this notion to put in one place.
---------------------------------------------------------------------------

    \8\ See Commentary .02 of Rule 6.77.
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    The Exchange is also proposing to add a provision allowing OTP
Holders to mutually agree to adjust a price of an execution. The
Exchange believes this provision is necessary given the benefits of
adjusting a trade price rather than nullifying the trade completely.
Because options trades are used to hedge transactions in other markets,
including securities and futures, many OTP Holders, and their
customers, would rather adjust prices of executions rather than nullify
the transactions and, thus, lose a hedge altogether. As such, the
Exchange believes it is in the best interest of investors to allow for
price adjustments as well as nullifications. In addition, the Exchange
believes it is in the nature of a fair and orderly market to allow for
price adjustments rather than only cancellations because an adjustment
would result in the least amount of disruption to the overall market.
The Exchange also notes that current Exchange rules allow for prices of
trades to be adjusted at the consent

of both parties if such transactions are within the current obvious
error and catastrophic error provisions.\9\ The Exchange is now
proposing to merely allow this practice for any trade.
---------------------------------------------------------------------------

    \9\ The Exchange notes that no changes are being proposed to the
procedures for nullification or adjustment of a trade by mutual
agreement in the Exchanges' obvious error and catastrophic error
rules. See note 5 supra. With the effectiveness of proposed Rule
6.77A, OTP Holders would have two options to choose from in order to
have their trades nullified or adjusted by mutual agreement: (i)
Request under the procedures of Rule 6.87 (including the
timeframes); or (ii) request under the procedures of Proposed Rule
6.77A which requires the authorization of the Exchange prior to the
nullification or adjustment. The Exchange believes both provisions
are complimentary [sic] in that they provide protections in
different situations under procedures that are correspondingly
appropriate based on the situation in which a nullification or an
adjustment is requested.
---------------------------------------------------------------------------

    As proposed, Rule 6.77A expressly states that trades may be subject
to nullification or price adjustment only if such trades are authorized
by the Exchange. The Exchange notes that this process is very similar
to the process OTP Holders follow today for trade nullification based
upon mutual consent. As described in more detail above, Commentary .02
of current Rule 6.77 allows two parties to agree to a trade
nullification and ``notify the Exchange for dissemination of
cancellation information to the Options Price Reporting Authority.''
The Exchange is only slightly changing this procedure by expressly
requiring Exchange authorization prior to the effectuation of such
nullification or mutual price adjustment. The Exchange would only
authorize a proposed nullification or adjustment if the Exchange
received verification from both parties to the trade that a mutual
agreement has been made.\10\ In addition, prior to an authorization for
a mutual price adjustment, the Exchange would ensure the agreed upon
price would have been permissible and in compliance with any applicable
rules of the Exchange and Securities and Exchange Commission, as
amended, at the time the original transaction was executed.\11\
Finally, the proposed rule would state that the format and information
required by the Exchange for this submission would be released by the
Exchange via Trader Update. As such, prior to Rule 6.77A becoming
operative, the Exchange would provide OTP Holders with specific
requirements via an Exchange-issued Trader Update. The Trader Update
would, among other things, state specific timeframes required for
requests and the format in which the requests would be accepted by the
Exchange.
---------------------------------------------------------------------------

    \10\ Upon authorization, the Exchange will continue to report
any price adjustment or trade nullification to the Options Price
Reporting Authority.
    \11\ Specifically, the Exchange would ensure that the mutually-
agreed upon price would not have traded through resting interest on
the Exchange or would have been in violation of Rule 991NY [sic] at
the time of the initial execution.
---------------------------------------------------------------------------

Administrative Changes
    Finally, the Exchange is proposing to make administrative
conforming changes to ensure Exchange rules on the subject are
consistent. More specifically, the Exchange is proposing to delete
Commentary .02 of Rule 6.77. The Exchange believes that deleting
current Commentary .02 to Exchange Rule 6.77 would avoid any confusion
with the proposed Rule 6.77A.
Conclusion
    To conclude, the Exchange believes that the proposed changes are in
furtherance of the Act because the proposed Rule 6.77A will allow OTP
Holders to agree to nullify transactions or adjust prices of
transactions to maintain a fair and orderly market. As stated above,
the Exchange intends to release a Trade [sic] Update to announce the
implementation of the Rule and other specifics surrounding the
procedures of the implementation. In addition, prior to implementation,
the Exchange will ensure it has proper policies and procedures in place
to correctly administer the Rule.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \12\ of
the Act, in general, and furthers the objectives of Section
6(b)(5),\13\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. Additionally, the Exchange
believes the proposed rule change is consistent with the Section
6(b)(5) requirement that the rules of an exchange not be designed to
permit unfair discrimination between customers, issuers, brokers, or
dealers.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    More specifically, the Exchange believes that the proposed changes
are consistent with the Act as they are designed to promote just and
equitable principles and protect investors and the public interest. In
particular, the Exchange believes the proposed change to move the
provision authorizing parties to mutually agree to nullify a trade to a
separate, stand-alone rule protects investors by eliminating confusion
and making the provision more clear. Because options trades are used to
hedge transactions in other markets, including securities and futures,
many market participants would rather adjust prices of executions
rather than nullify the transactions and, thus, lose a hedge
altogether. As such, the Exchange believes it is in the best interest
of investors to allow for price adjustments as well as nullifications.
In addition, the Exchange believes it is in the nature of a fair and
orderly market to allow for price adjustments rather than only
cancellations because an adjustment would result in the least amount of
disruption to the overall market. Further, the Exchange believes that,
harmonizing its nullification and adjustment rules with other options
markets would promote just and equitable principles of trade by better
allowing the market participants to be treated similarly across
exchanges. The Exchange also believes that the other administrative
changes would remove impediments to and perfect the mechanism of a fair
and orderly market as they are merely trying to create more
transparency in the Exchange's rules. Finally, the Exchange does not
believe that the proposed changes are unfairly discriminatory because
they will be applied to all OTP Holders equally.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule change is not
designed to address any aspect of competition, whether between the
Exchange and its competitors, or among market participants. Instead,
the proposed rule change is designed to adopt the nullification and
adjustment of trades on similar terms to that of other options
exchanges.\14\
---------------------------------------------------------------------------

    \14\ See note 7 supra.
---------------------------------------------------------------------------

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

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

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \15\ and Rule 19b-
4(f)(6) thereunder.\16\
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2014-140 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NYSEArca-2014-140.
This file number should be included on the subject line if email is
used. To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street NE., Washington, DC 20549 on official business days between the
hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSEArca-2014-140, and should be submitted on or before January 20,
2015.

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

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

Brent J. Fields,
Secretary.
[FR Doc. 2014-30445 Filed 12-29-14; 8:45 am]
BILLING CODE 8011-01-P


From:	Cindy Newberg/DC/USEPA/US

To<EMAIL_ADDRESS> Date:	10/20/2009 04:25 PM

Subject:	Fw: Question from Amanda on PSD for our rules

Amanda-

I am not sure why this didn't go through the first time. Sorry!

-Cindy

++++++++++++++++++++++++++++++++++++++

Cindy Newberg

Branch Chief

Alternatives & Emissions Reduction Branch

Stratospheric Protection Division

US Environmental Protection Agency

1200 Pennsylvania Avenue, N.W.  6205J

Washington, D.C.  20460

ph:<PHONE_NUMBER>

----- Forwarded by Cindy Newberg/DC/USEPA/US on 10/20/2009 04:24 PM -----

From:	Cindy Newberg/DC/USEPA/US

To<EMAIL_ADDRESS><EMAIL_ADDRESS> Cc:	Diane McConkey/DC/USEPA/US@EPA, Ross Brennan/DC/USEPA/US@EPA, Drusilla

Hufford/DC/USEPA/US@EPA, <EMAIL_ADDRESS>Brian Mclean

<EMAIL_ADDRESS>Diane McConkey/DC/USEPA/US, JohnB

Chamberlin/DC/USEPA/US,>

Date:	10/20/2009 04:24 PM

Subject:	Fw: Question from Amanda on PSD for our rules

Amanda-

Below is Diane McConkey's answer to your question about PSD. It confirms

what we discussed when you called this morning -- this rulemaking concerns

a class of chemicals already regulated under the Clean Air Act,

Best-

Cindy

++++++++++++++++++++++++++++++++++++++

Cindy Newberg

Branch Chief

Alternatives & Emissions Reduction Branch

Stratospheric Protection Division

US Environmental Protection Agency

1200 Pennsylvania Avenue, N.W.  6205J

Washington, D.C.  20460

ph:<PHONE_NUMBER>

----- Forwarded by Cindy Newberg/DC/USEPA/US on 10/20/2009 04:18 PM -----

From:	Diane McConkey/DC/USEPA/US

To:	Ross Brennan/DC/USEPA/US@EPA, Cindy Newberg/DC/USEPA/US@EPA, Jeremy

Arling/DC/USEPA/US@EPA

Date:	10/20/2009 04:17 PM

Subject:	Fw: Question from Amanda on PSD for our rules

Ross, Cindy -- If we haven't gotten back to Amanda yet on this, here is

the answer, which you could forward to her:

I assume the question is whether the pre-charged appliance rule will

subject new pollutants to regulation, with attendant consequences under

the PSD program.  The HCFCs at issue in the draft pre-charged appliance

rule are already subject to regulation under Title VI and our implementing

regulations.  The statutory class II phaseout applies to all class II

substances, and we regulated those substances in our 1993 phaseout rule by

establishing a chemical-by-chemical phaseout schedule.  The PCA rule would

not regulate any previously unregulated HCFCs.  Similarly, although the

2010 allocation rule expands the coverage of the allowance system, the

HCFCs it regulates are already subject to the chemical-by-chemical

phaseout schedule established in our 1993 rule.


[Federal Register Volume 84, Number 40 (Thursday, February 28, 2019)]
[Proposed Rules]
[Pages 6711-6713]
[FR Doc No: 2019-03286]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0081; Airspace Docket No. 19-AGL-8]
RIN 2120-AA66

Proposed Amendment of Class E Airspace; Manitowoc and Sheboygan,
WI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the Class E airspace extending
upward from 700 feet above the surface at Manitowoc County Airport,
Manitowoc, WI, and Sheboygan County Memorial Airport, Sheboygan, WI.
The FAA is proposing this action as the result of an airspace review
caused by the decommissioning of the Manitowoc VHF omnidirectional
range (VOR) navigation aid, which provided navigation information for
the instrument procedures at these airports, as part of the VOR Minimum
Operational Network (MON) Program. The geographic coordinates of
Sheboygan County Memorial Airport would also be updated to coincide
with the FAA's aeronautic database. Airspace redesign is necessary for
the safety and management of instrument flight rules (IFR) operations
at these airports.

DATES: Comments must be received on or before April 15, 2019.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2019-0081; Airspace Docket No. 19-AGL-8, at the beginning of your
comments. You may also submit comments through the internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays.
    FAA Order 7400.11C, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11C at NARA, call<PHONE_NUMBER>, or go
to http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend the Class E airspace extending upward from 700 feet
above the surface at Manitowoc County Airport, Manitowoc, WI, and
Sheboygan County Memorial Airport, Sheboygan, WI, to support IFR
operations at these airports.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2019-0081;
Airspace Docket No. 19-AGL-8.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11C, Airspace
Designations and Reporting Points, dated August 13, 2018, and effective
September 15, 2018. FAA Order 7400.11C is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11C lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by:
    Amending the Class E airspace extending upward from 700 feet above
the surface at Manitowoc County Airport, Manitowoc, WI, by adding an
extension 9.7 mile west and 5.8 miles east of the 352 bearing from the
Manitowoc County: RWY 17-LOC extending from the Manitowoc County: RWY
17-LOC to 11 miles north of the Manitowoc County: RWY 17-LOC; and
    Amending the Class E airspace extending upward from 700 feet above
the surface to within a 6.7-mile radius (reduced from a 7-mile radius)
at the Sheboygan County Memorial Airport, Sheboygan, WI; and updating
the geographic coordinates of the airport to coincide with the FAA's
aeronautical database.
    This action is necessary due to an airspace review caused by the
decommissioning of the Manitowoc

VOR, which provided navigation information for the instrument
procedures at these airports, as part of the VOR MON Program.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11C, dated August 13, 2018, and effective September 15,
2018, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018, and
effective September 15, 2018, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AGL WI E5 Manitowoc, WI [Amended]

Manitowoc County Airport, WI
    (Lat. 44[deg]07'44'' N, long. 87[deg]40'50'' W)
Manitowoc County: RWY 17-LOC
    (Lat. 44[deg]07'04'' N, long. 87[deg]40'47'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of the Manitowoc County Airport, and within
9.7 mile west and 5.8 miles east of the 352 bearing from the
Manitowoc County: RWY 17-LOC extending from the Manitowoc County:
RWY 17-LOC to 11 miles north of the Manitowoc County: RWY 17-LOC.
* * * * *

AGL WI E5 Sheboygan, WI [Amended]

Sheboygan County Memorial Airport, WI
    (Lat. 43[deg]46'11'' N, long. 87[deg]51'06'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.7-mile radius of Sheboygan County Memorial Airport.

    Issued in Fort Worth, Texas, on February 20, 2019.
John Witucki,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2019-03286 Filed 2-27-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 249 (Friday, December 27, 2013)]
[Rules and Regulations]
[Page 78716]
[FR Doc No: 2013-30838]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 520

[Docket No. FDA-2013-N-0002]

Withdrawal of Approval of New Animal Drug Applications; Roxarsone

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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

SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect the withdrawal approval of five new animal
drug applications (NADAs) for roxarsone oral dosage form products at
the sponsor's request because the products are no longer manufactured
or marketed.

DATES: Withdrawal of approval is effective January 6, 2014.

FOR FURTHER INFORMATION CONTACT: John Bartkowiak, Center for Veterinary
Medicine (HFV-212), Food and Drug Administration, 7519 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Zoetis Inc., 333 Portage St., Kalamazoo, MI
49007 has requested that FDA withdraw approval of the following five
NADAs for roxarsone oral dosage form products, used to make medicated
drinking water for chickens, turkeys, and swine, because the products
are no longer manufactured or marketed:

------------------------------------------------------------------------
               NADA                           Proprietary name
------------------------------------------------------------------------
005-414..........................  REN-O-SAL (roxarsone) Tablets.
006-019..........................  Zuco Poultry Tablets.
006-081..........................  Korum Improved Formula.
008-274..........................  Pig Scour Tablets.
093-025..........................  3-NITRO (roxarsone) Soluble.
------------------------------------------------------------------------

    Elsewhere in this issue of the Federal Register, FDA gave notice
that approval of NADAs 005-414, 006-019, 006-081, 008-274, and 093-025,
and all supplements and amendments thereto, is withdrawn, effective
January 6, 2014. As provided in the regulatory text of this document,
the animal drug regulations are amended to reflect these voluntary
withdrawals of approval.
    This rule does not meet the definition of ``rule'' in 5 U.S.C.
804(3)(A) because it is a rule of ``particular applicability.''
Therefore, it is not subject to the congressional review requirements
in 5 U.S.C. 801-808.

List of Subjects in 21 CFR Part 520

    Animal drugs.
    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
the authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR part 520 is
amended as follows:

PART 520--ORAL DOSAGE FORM NEW ANIMAL DRUGS

0
1. The authority citation for 21 CFR part 520 continues to read as
follows:

    Authority:  21 U.S.C. 360b.

Sec. Sec.  520.2087, 520.2088, and 520.2089  [Removed]

0
2. Remove Sec. Sec.  520.2087, 520.2088, and 520.2089.

    Dated: December 20, 2013.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. 2013-30838 Filed 12-26-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Notices]
[Page 61657]
[FR Doc No: 2017-28049]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Approval of New Information Collection: Generic Clearance
for Customer Interactions

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments concerning our intention to request the Office
of Management and Budget (OMB) approval of a new generic information
collection. As part of a Federal Government-wide effort to streamline
the process to seek feedback from the public, FAA is requesting
approval of a New Generic Information Collection Request: ``Generic
Clearance for Customer Interactions''.

DATES: Written comments should be submitted by February 26, 2018.

FOR FURTHER INFORMATION CONTACT: Barbara Hall at<PHONE_NUMBER>, or by
email at: [email protected].

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-NEW.
    Title: Generic Clearance for Customer Interactions.
    Form Numbers: There are no FAA forms associated with this generic
information collection.
    Type of Review: New generic information collection.
    Background: Customer Interactions provide the Federal Aviation
Administration valuable information and connect the agency to the
public that we serve. In order to ensure a timely and consistent
process for Paperwork Reduction Act compliance, the Federal Aviation
Administration is proposing to develop a Generic Information Collection
Request to be utilized for Customer Interactions that support the
Agency's mission.
    Customer Interactions can support the Federal Aviation
Administration's mission by allowing the Agency to collect qualitative
and quantitative data that can help inform scientific research;
aviation assessments and monitoring efforts; validate models or tools;
and enhance the quantity and quality of data collected across
communities. Customer Interactions also create an avenue to incorporate
local knowledge and needs, and can contribute to increased data
sharing, open data, and government transparency. The Federal Aviation
Administration may sponsor the collection of this type of information
in connection with aviation projects. All such collections will follow
Agency policies and regulations. If a new collection is not within the
parameters of this generic Information Collection Request (ICR), the
Agency will submit a separate information collection request to Office
of Management and Budget (OMB) for approval.
    Collections under this generic ICR will be from volunteers who
participate on their own initiative through an open and transparent
process; the collections will be low-burden for participants;
collections will be low-cost for both the participants and the Federal
Government; and data will be available to support the endeavors of the
Agency, states, tribal or local entities where data collection occurs.
    Respondents: Approximately 11,000 Individuals and Households,
Businesses and Organizations, State, Local or Tribal Government.
    Frequency: Once per request.
    Estimated Average Burden per Response: 10 minutes.
    Estimated Total Annual Burden: 1,833 hours.

ADDRESSES: Send comments to the FAA at the following address: Barbara
Hall, Federal Aviation Administration, ASP-110, 10101 Hillwood Parkway,
Fort Worth, TX 76177.

    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    Issued in Fort Worth, TX, on December 19, 2017.
Barbara L. Hall,
FAA Information Collection Clearance Officer, Performance, Policy, and
Records Management Branch, ASP-110.
[FR Doc. 2017-28049 Filed 12-27-17; 8:45 am]
 BILLING CODE 4910-13-P


Reader’s Guide for Glyphosate

CRM: John W. Pates, Jr.

EPA/OPPTS/OPP/SRRD

Reader’s Guide to Glyphosate Docket # EPA-HQ-OPP-2009-0361

Publication Date: June 24, 2009

The Agency is providing the “Reader’s Guide” to allow the reader
to more easily access and navigate the various entries contained in the
glyphosate docket.

Federal Register and Docket Organizational Documents:

Docket Item 1.	Federal Register Notice:  Registration Review; Pesticide
Dockets Opened for Review and Comment; Closure of the Terpineols
Registration Review Case.

Docket Item 2.	Reader’s Guide to the Glyphosate Docket #
EPA-HQ-OPP-2009-0361.

Special Review and Reregistration Division Documents

Docket Item 3.	Glyphosate Registration Review Document (PWP).

Docket Item 4.	Glyphosate- Active Product Registrations.

Docket Item 5.	Meeting Summary (with Monsanto)- Glyphosate

Human Health Documents

Docket Item 6.	Glyphosate: Human Health Assessment Scoping Document in
Support of Registration Review.

Environmental Fate and Effects Documents

Docket Item 7.	Registration Review- Preliminary Problem Formulation for
the Ecological Risk and Drinking Water Exposure Assessments for
Glyphosate and Its Salts (PC Code 417300, 103601, 103604, 103607,
103608, 103613, 103603, 103605, 128501).

Biological and Economic Analysis Division Documents

Docket Item 8.	Screening Level Estimates of Agricultural Uses of The
Case Glyphosate.

Registration Division Documents

Docket Item 9.	Glyphosate Human Health Risk Assessment for Proposed Use
on Indian Mulberry and Amended Use on Pea, Dry. PC Code: 417300,
Petition No.: 5E6987, DP Num.: 321992, Decision No. 360557.


[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Notices]
[Pages 6506-6509]
[FR Doc No: 2017-01101]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2016-0745; FRL-9958-54-OECA]

Inquiry To Learn Whether Businesses Assert Business
Confidentiality Claims Regarding Waste Import and Export

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for comment.

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

SUMMARY: The Environmental Protection Agency (EPA) receives from time
to time Freedom of Information Act (FOIA) requests for documentation
received or issued by EPA or data contained in EPA database systems
pertaining to the export and import of Resource Conservation and
Recovery Act (RCRA) hazardous waste from/to the United States, the
export of cathode ray tubes (CRTs) and spent lead acid batteries
(SLABs) from the United States, and the export and import of RCRA
universal waste from/to the United States. These documents and data may
identify or reference multiple parties, and describe transactions
involving the movement of specified materials in which the parties
propose to participate or have participated. The purpose of this notice
is to inform ``affected businesses'' about the documents or data sought
by these types of FOIA requests in order to provide the businesses with
the opportunity to assert claims that any of the information sought
that pertains to them is entitled to treatment as confidential business
information (CBI), and to send comments to EPA supporting their claims
for such treatment. Certain businesses, however, do not meet the
definition of ``affected business,'' and are not covered by today's
notice. They consist of any business that actually submitted to EPA any
document at issue pursuant to applicable RCRA regulatory requirements
and did not assert a CBI claim as to information that pertains to that
business in connection with the document at the time of its submission;
they have waived their right to do so at a later time. Nevertheless,
other businesses identified or referenced in the documents that were
submitted to EPA by the submitting business may have a right to assert
a CBI claim concerning information that pertains to

them and may do so in response to this notice.

DATES: Comments must be received on or before February 21, 2017. The
period for submission of comments may be extended if, before the
comments are due, you make a request for an extension of the comment
period and it is approved by the EPA legal office. Except in
extraordinary circumstances, the EPA legal office will not approve such
an extension without the consent of any person whose request for
release of the information under the FOIA is pending.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OECA-2016-0745, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     Email<EMAIL_ADDRESS>     Address: Eva Kreisler, International Compliance Assurance
Division, Office of Federal Activities, Office of Enforcement and
Compliance Assurance, Environmental Protection Agency, Mailcode: 2254A,
1200 Pennsylvania Ave. NW., Washington, DC 20460.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OECA-
2016-0745. 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 email. Instructions about how to submit comments
claimed as CBI are given later in this notice.
    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 email comment directly to EPA without going through http://www.regulations.gov, your email 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. Please include your name and
other contact information with any disk or CD-ROM you submit by mail.
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. For additional information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    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 HQ EPA Docket
Center, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the docket for this notice is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Eva Kreisler, International Compliance
Assurance Division, Office of Federal Activities, Office of Enforcement
and Compliance Assurance, Environmental Protection Agency, Mailcode:
2254A, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Today's notice relates to any documents or
data in the following areas: (1) Export of Resource Conservation and
Recovery Act (RCRA) hazardous waste, during calendar year 2016 or
before, under 40 CFR part 262, subparts E and H; (2) import of RCRA
hazardous waste, during calendar year 2016 or before, under 40 CFR part
262, subparts F and H; (3) transit of RCRA hazardous waste, during
calendar year 2016 or before, under 40 CFR part 262, subpart H, through
the United States and foreign countries; (4) export of cathode ray
tubes, during calendar year 2016 or before, under 40 CFR part 261,
subpart E; (5) exports of non-crushed spent lead acid batteries with
intact casings, during calendar year 2016 or before, under 40 CFR part
266 subpart G; (6) export and import of RCRA universal waste, during
calendar year 2016 or before, under 40 CFR part 273, subparts B, C, D,
and F;(7) submissions from transporters, during calendar year 2016 or
before, under 40 CFR part 263, or from treatment, storage or disposal
facilities under 40 CFR parts 264 and 265, related to exports or
imports of hazardous waste which occurred during calendar year 2016 or
before, including receiving facility notices under 40 CFR 264.12(a)(1)
and 265.12(a)(1) and import consent documentation under 40 CFR
264.71(a)3) and 265.71(a)(3).

I. General Information

    EPA has previously published notices similar to this one in the
Federal Register, the latest one being at 81 FR 7788, February 16,
2016, that address issues similar to those raised by today's notice.
The Agency did not receive any comments on the previous notices. Since
the publication of the February 16, 2016, Federal Register notice, the
Agency has continued to receive FOIA requests for documents and data
contained in EPA's database related to hazardous waste exports and
imports.

II. Issues Covered by This Notice

    Specifically, EPA receives FOIA requests from time to time for
documentation or data related to hazardous waste exports and imports
that may identify or reference multiple parties, and that describe
transactions involving the movement of specified materials in which the
parties propose to participate or have participated. This notice
informs ``affected businesses,'' \1\ which could include, among others,
``transporters,'' \2\ and ``consignees,'' \3\ of the requests for
information in EPA database systems and/or contained in one or more of
the following documents: (1) Documents related to the export of
Resource Conservation and Recovery Act (RCRA) hazardous waste, during
calendar year 2016 or before, under 40 CFR part 262, subparts E and H,
including but not limited to the ``notification of intent to export,''
\4\ ``manifests,'' \5\ ``annual reports,'' \6\ ``EPA acknowledgements
of consent,'' \7\ ``any subsequent communication withdrawing a prior
consent or

objection,'' \8\ ``responses that neither consent nor object,''
``exception reports,'' \9\ ``transit notifications,'' \10\ and
``renotifications''; \11\ (2) documents related to the import of
hazardous waste, during calendar year 2016 or before, under 40 CFR part
262, subparts F and H, including but not limited to notifications of
intent to import hazardous waste into the U.S. from foreign countries;
(3) documents related to the transit of hazardous waste, during
calendar year 2016 or before, under 40 CFR part 262, subpart H,
including notifications from U.S. exporters of intent to transit
through foreign countries, or notifications from foreign countries of
intent to transit through the U.S.; (4) documents related to the export
of cathode ray tubes (CRTs), during calendar year 2016 or before, under
40 CFR part 261, subpart E, including but not limited to notifications
of intent to export CRTs; (5) documents related to the export of non-
crushed spent lead acid batteries (SLABs) with intact casings, during
calendar year 2016 or before, under 40 CFR part 266 subpart G,
including but not limited to notifications of intent to export SLABs;
(6) submissions from transporters under 40 CFR part 263, or from
treatment, storage or disposal facilities under 40 CFR parts 264 and
265, related to exports or imports of hazardous waste which occurred
during calendar year 2016 or before, including receiving facility
notices under 40 CFR 264.12(a)(1) and 265.12(a)(1) and import consent
documentation under 40 CFR 264.71(a)(3) and 265.71(a)(3); and (7)
documents related to the export and import of RCRA ``universal waste''
\12\ under 40 CFR part 273, subparts B, C, D, and F.
---------------------------------------------------------------------------

    \1\ The term ``affected business'' is defined at 40 CFR
2.201(d), and is set forth in this notice, below.
    \2\ The term ``transporter'' is defined at 40 CFR 260.10.
    \3\ The term ``consignee'' is defined, for different purposes,
at 40 CFR 262.51 and 262.81(c).
    \4\ The term ``notification of intent to export'' is described
at 40 CFR 262.53.
    \5\ The term ``manifest'' is defined at 40 CFR 260.10.
    \6\ The term ``annual reports'' is described at 40 CFR 262.56.
    \7\ The term ``EPA acknowledgement of consent'' is defined at 40
CFR 262.51.
    \8\ The requirement to forward to the exporter ``any subsequent
communication withdrawing a prior consent or objection'' is found at
42 U.S.C. 6938(e).
    \9\ The term ``exception reports'' is described at 40 CFR
262.55.
    \10\ The term ``transit notifications'' is described at 40 CFR
262.53(e).
    \11\ The term ``renotifications'' is described at 40 CFR
262.53(c).
    \12\ The term ``universal waste'' is defined at 40 CFR 273.9.
---------------------------------------------------------------------------

    Certain businesses, however, do not meet the definition of
``affected business,'' and are not covered by today's notice. They
consist of any business that actually submitted information responsive
to a FOIA request, under the authority of 40 CFR parts 260 through 266
and 268, and did not assert a claim of business confidentiality
covering any of that information at the time of submission. As set
forth in the RCRA regulations at 40 CFR 260.2(b), ``if no such
[business confidentiality] claim accompanies the information when it is
received by EPA, it may be made available to the public without further
notice to the person submitting it.'' Thus, for purposes of this notice
and as a general matter under 40 CFR 260.2(b), a business that
submitted to EPA the documents at issue, pursuant to applicable
regulatory requirements, and that failed to assert a claim as to
information that pertains to it at the time of submission, cannot later
make a business confidentiality claim.\13\ Nevertheless, other
businesses identified or referenced in the same documents that were
submitted to EPA by the submitting business may have a right to assert
a CBI claim concerning information that pertains to them and may do so
in response to this notice.
---------------------------------------------------------------------------

    \13\ However, businesses having submitted information to EPA
relating to the export and import of RCRA universal waste are not
subject to 40 CFR 260.2(b) since they submitted information in
accordance with 40 CFR part 273, and not parts 260 through 266 and
268, as set forth in 40 CFR 260.2(b). They are therefore affected
businesses that could make a claim of CBI at the time of submission
or in response to this notice.
---------------------------------------------------------------------------

    In addition, EPA may develop its own documents and organize into
its database systems information that was originally contained in
documents from submitting businesses relating to exports and imports of
hazardous waste. If a submitting business fails to assert a CBI claim
for the documents it submits to EPA at the time of submission, not only
does it waive its right to claim CBI for those documents, but it also
waives its right to claim CBI for information in EPA's documents or
databases that is based on or derived from the documents that were
originally submitted by that business.\14\
---------------------------------------------------------------------------

    \14\ With the exception, noted above, of the submission of
information relating to the export and import of RCRA universal
waste.
---------------------------------------------------------------------------

    In accordance with 40 CFR 2.204(c) and (e), this notice inquires
whether any affected business asserts a claim that any of the requested
information constitutes CBI, and affords such business an opportunity
to comment to EPA on the issue. This notice also informs affected
businesses that, if a claim is made, EPA would determine under 40 CFR
part 2, subpart B, whether any of the requested information is entitled
to business confidential treatment.

1. Affected Businesses

    EPA's FOIA regulations at 40 CFR 2.204(c)(1) require an EPA office
that is responsible for responding to a FOIA request for the release of
business information (``EPA office'') to determine which businesses, if
any, are affected businesses. ``Affected business'' is defined at 40
CFR 2.201(d) as: With reference to an item of business information, a
business which has asserted (and not waived or withdrawn) a business
confidentiality claim covering the information, or a business which
could be expected to make such a claim if it were aware that disclosure
of the information to the public was proposed.

2. The Purposes of This Notice

    This notice encompasses two distinct steps in the process of
communication with affected businesses prior to EPA's making a final
determination concerning the business confidentiality of the
information at issue: the preliminary inquiry and the notice of
opportunity to comment.
a. Inquiry To Learn Whether Affected Businesses (Other Than Those
Businesses That Previously Asserted a CBI Claim) Assert Claims Covering
Any of the Requested Information
    Section 2.204(c)(2)(i) provides, in relevant part: If the
examination conducted under paragraph (c)(1) of Sec.  2.204 discloses
the existence of any business which, although it has not asserted a
claim, might be expected to assert a claim if it knew EPA proposed to
disclose the information, the EPA office shall contact a responsible
official of each such business to learn whether the business asserts a
claim covering the information.
b. Notice of Opportunity To Submit Comments
    Sections 2.204(d)(1)(i) and 2.204(e)(1) of Title 40 of the Code of
Federal Regulations require that written notice be provided to
businesses that have made claims of business confidentiality for any of
the information at issue, stating that EPA is determining under 40 CFR
part 2, subpart B, whether the information is entitled to business
confidential treatment, and affording each business an opportunity to
comment as to the reasons why it believes that the information deserves
business confidential treatment.

3. The Use of Publication in the Federal Register

    Section 2.204(e)(1) of Title 40 of the Code of Federal Regulations
requires that this type of notice be furnished by certified mail
(return receipt requested), by personal delivery, or by other means
which allows verification of the fact and date of receipt. EPA,
however, has determined that in the present circumstances the use of a
Federal Register notice is a practical and efficient way to contact
affected

businesses and to furnish the notice of opportunity to submit comments.
The Agency's decision to follow this course was made in recognition of
the administrative difficulty and impracticality of directly contacting
potentially thousands of individual businesses.

4. Submission of Your Response in the English Language

    All responses to this notice must be in the English language.

5. The Effect of Failure To Respond to This Notice

    In accordance with 40 CFR 2.204(e)(1) and 2.205(d)(1), EPA will
construe your failure to furnish timely comments in response to this
notice as a waiver of your business's claim(s) of business
confidentiality for any information in the types of documents
identified in this notice.

6. What To Include in Your Comments

    If you believe that any of the information contained in the types
of documents which are described in this notice and which are
currently, or may become, subject to FOIA requests, is entitled to
business confidential treatment, please specify which portions of the
information you consider business confidential. Information not
specifically identified as subject to a business confidentiality claim
may be disclosed to the requestor without further notice to you.
    For each item or class of information that you identify as being
subject to your claim, please answer the following questions, giving as
much detail as possible:
    1. For what period of time do you request that the information be
maintained as business confidential, e.g., until a certain date, until
the occurrence of a specified event, or permanently? If the occurrence
of a specific event will eliminate the need for business
confidentiality, please specify that event.
    2. Information submitted to EPA becomes stale over time. Why should
the information you claim as business confidential be protected for the
time period specified in your answer to question no. 1?
    3. What measures have you taken to protect the information claimed
as business confidential? Have you disclosed the information to anyone
other than a governmental body or someone who is bound by an agreement
not to disclose the information further? If so, why should the
information still be considered business confidential?
    4. Is the information contained in any publicly available material
such as the Internet, publicly available data bases, promotional
publications, annual reports, or articles? Is there any means by which
a member of the public could obtain access to the information? Is the
information of a kind that you would customarily not release to the
public?
    5. Has any governmental body made a determination as to the
business confidentiality of the information? If so, please attach a
copy of the determination.
    6. For each category of information claimed as business
confidential, explain with specificity why and how release of the
information is likely to cause substantial harm to your competitive
position. Explain the specific nature of those harmful effects, why
they should be viewed as substantial, and the causal relationship
between disclosure and such harmful effects. How could your competitors
make use of this information to your detriment?
    7. Do you assert that the information is submitted on a voluntary
or a mandatory basis? Please explain the reason for your assertion. If
the business asserts that the information is voluntarily submitted
information, please explain whether and why disclosure of the
information would tend to lessen the availability to EPA of similar
information in the future.
    8. Any other issue you deem relevant.
    Please note that you bear the burden of substantiating your
business confidentiality claim. Conclusory allegations will be given
little or no weight in the determination. If you wish to claim any of
the information in your response as business confidential, you must
mark the response ``BUSINESS CONFIDENTIAL'' or with a similar
designation, and must bracket all text so claimed. Information so
designated will be disclosed by EPA only to the extent allowed by, and
by means of, the procedures set forth in, 40 CFR part 2, subpart B. If
you fail to claim the information as business confidential, it may be
made available to the requestor without further notice to you.

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

    1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or email. Please submit this information by
mail to the address identified in the ADDRESSES section of today's
notice for inclusion in the non-public CBI docket. Clearly mark the
part or all of the information that you claim to be CBI. For CBI
information in a disk or CD ROM that you mail to EPA, mark the outside
of the disk or CD ROM as CBI and then identify electronically within
the disk or CD ROM the specific information that is claimed as CBI.
Information so marked will not be disclosed except in accordance with
the procedures set forth in 40 CFR part 2, subpart B. In addition to
the submission of 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.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the notice by docket number and other identifying
information (subject heading, Federal Register date and page number).
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Describe any assumptions and provide any technical
information and/or data that you used.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Make sure to submit your comments by the comment period
deadline identified.

    Dated: January 4, 2017.
Robert Tomiak,
Director, Office of Federal Activities.
[FR Doc. 2017-01101 Filed 1-18-17; 8:45 am]
 BILLING CODE 6560-50-P