UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR, PESTICIDES & TOXICS MANAGEMENT DIVISION 61 Forsyth St., S. W. Atlanta, Georgia 30303 Fax Number: 404/ 562 9095 Electronic Transmission MEMORANDUM DATE: October 18, 1999 SUBJ: Initial EPA Comments on Duke Power's Lee Steam Plant FROM: Scott Miller, Environmental Engineer Operating Source Section, ARTB TO: Mr. Matt Wike South Carolina Department of Health and Environmental Control cc: Mr. Robert Brown, Permit Manager South Carolina Department of Health and Environmental Control Below are initial comments from EPA Region 4 on the above referenced source. Our comments are divided into two categories: 1) Significant Comments and 2) General Comments. Significant comments are defined as those comments that would trigger an objection under 40 CFR Part 70. Given that we have several significant comments on this permit, which was originally submitted as a draft/ proposed permit, EPA no longer considers the permit eligible for parallel review. Please contact me at your convenience in order that we may seek to resolve these issues prior to your submittal of a proposed permit for this source. You may reach me at ( 404) 562 9120. Thank you for your attention to this matter.

Significant Comments 1. The periodic monitoring for particulate matter from the electric utility boilers in permit condition 6. B. 1 on page 24 is inadequate. The only monitoring is an annual stack test. This monitoring is not frequent enough since the sources can not in good faith certify compliance with the particulate matter standard for all times during the year. EPA understands that the utility companies desire to have the same monitoring requirements in their title V permits in South Carolina as they do in North Carolina. It should be noted that although the North Carolina electric utility permits were initially issued with this annual test requirement, these same North Carolina permits have been rescinded, and EPA has informed North Carolina that the monitoring requirements must be changed. EPA maintains that once a year monitoring is not adequate, and EPA does not plan on approving this level of monitoring in any state in Region 4. One approach that the State may want to consider is the use of continuous opacity monitoring data to show compliance with the particulate emission standard. The condition given below is one acceptable way for the State to implement periodic monitoring at the utilities to show compliance with the relevant particulate emission rate:

" Pursuant to Regulation 401 KAR 50: 035, Section 7( 1)( c), to meet the periodic monitoring requirement for particulate, the permittee shall use a continuous opacity monitor ( COM). Excluding the startup, shutdown, and once per hour exemption periods, if any six minute average opacity value exceeds the opacity standard, the permittee shall, as appropriate, initiate an inspection of the control equipment and/ or the COM system and make the necessary repairs. If five ( 5) percent or greater of COM data ( excluding startup, shutdown, and malfunction periods, data averaged over six minute period) recorded in a calendar quarter show excursions above the opacity standard, the permittee shall perform a stack test in the following calendar quarter to demonstrate compliance with the particulate standard while operating at representative conditions. The permittee shall submit a compliance test protocol as required by condition Section G( a)( 20) of this permit before conducting the test. The Division may waive this testing requirement upon a demonstration that the cause( s) of the excursions has been corrected, or may require stack tests at any time pursuant to Regulation 401 KAR 50: 045, Performance tests."

The Region's comments on this approach are attached to this letter.

Another similar approach accepted by the Region for facilities that do not generally operate near the allowable particulate emission rate is as follows:

E6. The particulate emissions from this fuel burning installation shall not exceed 0.105 pounds per million Btu of heat input as specified in Paragraph 1200 3 6. 02( 1) of the Tennessee Air Pollution Control Regulations ( TAPCR).

Compliance Method: Monitoring of this fuelburning source for compliance with the applicable particulate emissions limitations shall be conducted by stack testing in accordance with 40 CFR60, Appendix A, Method 17. This testing shall be performed on a biennial basis and a particulate source test report shall be filed with the Technical Secretary within 60 days after completion of the testing. The source test shall be conducted in accordance with specifications for source sampling given in Chapter 1200 3 12 of the Tennessee Air Pollution Control Regulations. The continuous in stack opacity monitor( s) shall be fully operational prior to and during this compliance testing. The opacity data generated during this compliance testing shall be incorporated into the test report.

Ten ( 10) days prior to conducting the source test, the permittee shall provide notice of such test of the Technical Secretary to afford him the opportunity to have an observer present.

Should atmospheric sulfates ever become an issue, the Division will reassess the applicability of the test procedure as it relates to this issue. This is per the October 25, 1977 letter to Dr. Peter A. Krenkel, P. E.

Compliance with condition E8 of the permit shall be used as an indicator to determine whether compliance with this condition should be confirmed with a Method 17 test. Within sixty ( 60) days of an exceedance of the de minimis criteria specified in condition E8, the facility will conduct a Method 17 test.

TAPCR 1200 3 9. 02( 11)( e) 1.( iii)

E8. The visible emissions from each stack of this fuel burning installation shall not exceed twenty ( 20) percent opacity except for one  six ( 6) minute period per one ( 1) hour of not more than forty ( 40) percent opacity as specified in Paragraph 1200 3 5. 01( 1) of the Tennessee Air Pollution Control Regulations.

Compliance Method: Consistent with the provisions of Paragraph 1200 3 5. 03( 5) of the Regulations, compliance with the applicable visible emissions standards shall be determined from data generated by the opacity monitoring system, provided the quality assurance and operational availability requirements set forth in this permit are met.

Consistent with the provisions of Rule 1200 3 20. 06 of the Tennessee Air Pollution Control Regulations, no notice of violation shall be automatically issued for periods of visible emissions from this fuel burning installation that are in excess of the applicable visible emission standard so long as the total amount of time that the fuel burning installation is exceeding the applicable visible emission standard ( excluding periods of permitted startup, permitted shutdown, or malfunction and periods when the fuel burning installation is not operating) is not in excess of two ( 2) percent of the total amount of time in a calendar quarter. This exemption is applicable provided that good operational and maintenance practices are utilized for both the fuel burning equipment and the associated air pollution control equipment, the required ninety five ( 95) percent operational availability of the opacity monitoring system is maintained, and that no more than one exceedance of greater than twenty four ( 24) hours duration occurs per calendar year.

Written responses to the quarterly reports of excess emissions shall constitute prima facie evidence of compliance with the applicable visible emission standard. For purposes of annual certification of compliance with the applicable visible emissions condition, the acceptance, by the Division, of the quarterly reports of excess emissions shall be the basis of said certification.

TAPCR 1200 3 20. 06 2. In Table 6.1 Monitoring and Reporting, the facility is required to make one annual visible emissions inspection to demonstrate compliance with 20% and 40% opacity regulations for emission unit 03 ( the coal handling system). The Region believes that more frequent periodic monitoring is necessary to determine the compliance status of the coal handling system with applicable opacity standards. One acceptable approach to periodic monitoring for the facility in determining compliance with the opacity standard:

" The facility shall do a qualitative emissions evaluation on a daily basis for those emission sources controlled by a control device ( i. e. baghouse). Should the observer see visible emissions, the emissions observer must perform an EPA Method 9 reading and log the results of such a reading. For emission units that are uncontrolled, the facility will conduct an annual EPA Method 9 reading to determine compliance with the applicable opacity standard."

3. Condition 2 indicates the NOx limit for H. B. Robinson/ Darlington unit 1. The third paragraph of this section notes that " if the unit fails to meet the annual average alternative contemporaneous emission limitation of 0.5 lb/ mmBtu and/ or has an annual heat input greater/ less than 10,065,000 mmBtu, then excess emissions will be assessed in accordance with 40 CFR 77.6." This condition should be corrected to indicate " greater than," rather than " greater/ less than".

4. The Btu weighted annual emission rate indicated in the left hand box on page one of the Phase II NOx Averaging Plan for Carolina Power and Light should be corrected. The corrected value should be 0.43 lb/ mmBtu rather than 0.44 lb/ mmBtu. This correction was made on the Carolina Power and Light Phase II Averaging Plans and incorporated into the Phase II permit for the other facilities in the plan. ( Please see comments submitted on January 9, 1999 to John Hiers and Matthew Wike, of SC DHEC from Jenny Jachim, EPA Region 4).

General 1. Permit condition 6. B. 2 on page 24 should be updated to clarify that the continuous opacity monitoring system data is being used to satisfy the opacity periodic monitoring requirement under title V of the Clean Air Act to demonstrate compliance with the applicable opacity limit of 40%. The title V permit should be clear on this point since the language in permit condition 6. B. 7 may give one the mistaken belief that compliance with the 40% opacity standard will be determined based on an annual Method 9 test. One way to effect such a clarification would be to add the following language to permit condition 6. B. 5:

" The data generated by the COMS is the periodic monitoring method chosen to assure compliance with the 40% opacity standard."

2. Permit condition 6. B. 4 on page 25 should be updated to clarify that the quarterly continuous emissions monitoring report for sulfur dioxide is to be based on the CEMS data except when the CEMS data is not available. When the CEMS data is not available, fuel sampling analysis would serve as an acceptable substitute during CEMS unavailability.

3. The ORIS code indicated on the proposed title IV permit for Lee Steam Station is the identification number for South Carolina Electric and Gas's Canady's Station. We recommend that the proposed permit be corrected to indicate the appropriate ORIS code of " 3264" ( as indicated on the Phase II NOx Compliance Plan for W. S. Lee Station).

4. We recommend that the Phase II NOx Compliance Plan submitted by W. S. Lee Station be identified as attached and an enforceable part to the Phase II Acid Rain permit under Section 3.

5. Please note that the allowance allocations to the W. S. Lee Station units 1, 2, and 3, and Cross Generating Station have been changed in a 1998 reallocation ( see Federal register, Vol. 63, No. 187, page 51706). Although the footnote indicated in this section refers to the possibility of a reallocation, we recommend that you take the opportunity of this reopening of the Phase II permit to make the amendment to indicate the revised allowance allocation.


[Federal Register Volume 87, Number 85 (Tuesday, May 3, 2022)]
[Notices]
[Pages 26259-26261]
[FR Doc No: 2022-09408]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2022-0052 (Notice No. 2022-09)]

Hazardous Materials: Information Collection Activities

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

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, PHMSA
invites comments on these information collections pertaining to
hazardous materials transportation for which PHMSA intends to request
renewal from the Office of Management and Budget.

DATES: Interested persons are invited to submit comments on or before
July 5, 2022.

ADDRESSES: You may submit comments identified by the Docket No. PHMSA-
2022-0052 (Notice No. 2022-09) by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System; U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: To the Docket Management System; Room W12-
140 on the ground floor of the West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and
Docket Number (PHMSA-2022-0052) for this notice at the beginning of the
comment. To avoid duplication, please use only one of these four
methods. All comments received will be posted without change to the
Federal Docket Management System (FDMS) and will

include any personal information you provide.
    Requests for a copy of an information collection should be directed
to Steven Andrews or Shelby Geller, Standards and Rulemaking Division,
(202) 366-8553, Pipeline and Hazardous Materials Safety Administration,
U.S. Department of Transportation, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001.
    Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES).
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to this notice contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this notice, it is important that you clearly designate
the submitted comments as ``CBI.'' Please mark each page of your
submission containing CBI as ``PROPIN.'' PHMSA will treat such marked
submissions as confidential under the FOIA, and they will not be placed
in the public docket of this notice. Submissions containing CBI should
be sent to Steven Andrews or Shelby Geller, Standards and Rulemaking
Division and addressed to the Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001 or to [email protected]. Any
commentary that PHMSA receives which is not specifically designated as
``CBI'' will be placed in the public docket for this notice.

SUPPLEMENTARY INFORMATION: Section 1320.8(d), title 5, Code of Federal
Regulations (CFR) requires PHMSA to provide interested members of the
public and affected agencies an opportunity to comment on information
collection and recordkeeping requests. This notice identifies
information collection requests that PHMSA will be submitting to the
Office of Management and Budget (OMB) for renewal and extension. These
information collections are contained in 49 CFR 171.6 of the Hazardous
Materials Regulations (HMR; 49 CFR parts 171-180). PHMSA has revised
burden estimates, where appropriate, to reflect current reporting
levels or adjustments based on changes in proposed or final rules
published since this information collection was last approved. The
following is provided for each information collection: (1) Title of the
information collection, including former title if a change is being
made; (2) OMB control number; (3) summary of the information collection
activity; (4) description of affected public; (5) estimate of total
annual reporting and recordkeeping burden; and (6) frequency of
collection. PHMSA will request a 3-year term of approval for this
information collection activity and will publish a notice in the
Federal Register upon OMB's approval.
    PHMSA requests comments on the following information collection:
    Title: Radioactive (RAM) Transportation Requirements.
    OMB Control Number: 2137-0510.
    Summary: This information collection consolidates and describes the
information collection provisions in the HMR involving the
transportation of radioactive materials in commerce. Information
collection requirements for RAM include: Documenting testing and
engineering evaluations for packages, documenting DOT 7A packages,
revalidating foreign competent authority certifications, providing
specific written instruction of exclusive use shipment controls,
providing written instructions for exclusive use shipment controls,
obtaining U.S. competent authority for package design, registering with
U.S. competent authority as user of a package, and requesting a U.S.
competent authority for a special form of radioactive material. The
following information collections and their burdens are associated with
this OMB Control Number:

----------------------------------------------------------------------------------------------------------------
                                                                  Total annual      Hours per      Total annual
            Information collection                Respondents      responses        response       burden hours
----------------------------------------------------------------------------------------------------------------
Document Test and Engineering Evaluation or                 50              100              40            4,000
 Comparative Data for Packaging--Reporting....
DOT Specification 7A Package Documentation--                50              100              80            8,000
 Reporting....................................
DOT Specification 7A Package Documentation--                50              500          0.0833            41.67
 Recordkeeping................................
Revalidation of Foreign Competent Authority                 25               25              80            2,000
 Certification--Reporting.....................
Offeror Providing Specific Written Instruction             100            2,000             0.5            1,000
 of Exclusive Use Shipment Controls to the
 Carrier--Reporting...........................
Offeror Obtaining U.S. Competent Authority for              10               40               2               80
 Package Design--Reporting....................
Register with U.S. Competent Authority as User              25               50             0.5               25
 of a Package--Reporting......................
Request for a U.S. Competent Authority as                   10              100               2              200
 Required by the IAEA Regulations for Special
 Form--Reporting..............................
----------------------------------------------------------------------------------------------------------------

    Affected Public: Shippers and carriers of radioactive materials in
commerce.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 320.
    Total Annual Responses: 2,915.
    Total Annual Burden Hours: 15,346.67.
    Frequency of Collection: On occasion.

    Title: Subsidiary Hazard Class and Number/Type of Packagings.
    OMB Control Number: 2137-0613.
    Summary: The HMR require that shipping papers and emergency
response information accompany each shipment of hazardous materials in
commerce. Shipping papers serve as a principal means of identifying
hazardous materials during transportation emergencies. Firefighters,
police, and other emergency response personnel are trained to obtain
the DOT shipping papers and emergency response information when
responding to hazardous materials transportation emergencies. The
availability of accurate information concerning

hazardous materials being transported significantly improves response
efforts in these types of emergencies.
    In addition to the basic shipping description information on
shipping papers, we also require the subsidiary hazard class or
subsidiary division number(s) to be entered in parentheses following
the primary hazard class or division number on shipping papers. This
requirement was originally required only by transportation by vessel.
However, the lack of such a requirement posed problems for motor
carriers regarding compliance with segregation, separation, and
placarding requirements, as well as posing a safety hazard. For
example, in the event the motor vehicle becomes involved in an
accident, when the hazardous materials being transported include a
subsidiary hazard such as ``dangerous when wet'' or a subsidiary hazard
requiring more stringent requirements than the primary hazard, there is
no indication of the subsidiary hazards on the shipping papers and no
indication of the subsidiary risks on placards. Under circumstances
such as motor vehicles being loaded at a dock, labels are not
sufficient to alert hazardous materials employees loading the vehicles,
nor are they sufficient to alert emergency responders of the subsidiary
risks contained on the vehicles. Therefore, we require the subsidiary
hazard class or subsidiary division number(s) to be entered on the
shipping paper for purposes of enhancing safety and international
harmonization.
    The following information collection and burden is associated with
this OMB Control Number:

----------------------------------------------------------------------------------------------------------------
                                                               Total annual      Seconds  per     Total annual
          Information collection              Respondents        responses         response       burden hours
----------------------------------------------------------------------------------------------------------------
Subsidiary Hazard Class on Shipping Papers         260,000        43,810,000                2            24,339
----------------------------------------------------------------------------------------------------------------

    Affected Public: Shippers and carriers of hazardous materials in
commerce.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 260,000.
    Total Annual Responses: 43,810,000.
    Total Annual Burden Hours: 24,339.
    Frequency of Collection: On occasion.

    Issued in Washington, DC, on April 27, 2022.
William A. Quade,
Deputy Associate Administrator of Hazardous Materials Safety, Pipeline
and Hazardous Materials Safety Administration.
[FR Doc. 2022-09408 Filed 5-2-22; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 85, Number 135 (Tuesday, July 14, 2020)]
[Notices]
[Pages 42411-42412]
[FR Doc No: 2020-15095]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2020-N-1313]

Electronic Submissions; Data Standards; Support for Standard for
the Exchange of Nonclinical Data

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) Center for
Biologics Evaluation and Research (CBER) is announcing support for the
current version of Clinical Data Interchange Standards Consortium
(CDISC) Standard for the Exchange of Nonclinical Data (SEND) and an
update to the FDA Data Standards Catalog for the submission of
nonclinical data in new drug applications (NDAs), abbreviated new drug
applications (ANDAs), certain biologics license applications (BLAs),
and certain investigational new drug applications (INDs). This update
does not apply to noncommercial INDs for a product that is not intended
for commercial distribution (research and investigator-sponsored INDs);
INDs and BLAs for devices that are regulated by CBER as biological
products under the Public Health Services (PHS) Act; and submissions
for blood and blood components, including Source Plasma.

ADDRESSES: You may submit either electronic or written comments at any
time as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2020-N-1313 for ``Electronic Submissions; Data Standards; Support
for Standard for the Exchange of Nonclinical Data.'' Received comments
will be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure laws. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Stephen Ripley, Center for Biologics
Evaluation and Research, Food and Drug Administration, Bldg. 71, Rm.
7301, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: CBER is announcing support for the current
version of CDISC SEND and an update to the FDA Data Standards Catalog
for the submission of nonclinical data in NDAs, ANDAs, BLAs, and
certain INDs. This update does not apply to: (1) Noncommercial INDs for
a product that is not intended for commercial distribution (research
and investigator-sponsored INDs); (2) INDs and BLAs for devices that
are regulated by CBER as biological products under section 351 of the
PHS Act (42 U.S.C. 262); and (3) submissions for blood and blood
components, including Source Plasma. In section 745A(a) of the Federal
Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 379k-1(a)), Congress
granted explicit statutory authorization to FDA to specify in guidance
the format for the electronic submissions required under that section.
    In the Federal Register of December 18, 2014 (79 FR 75568), FDA
announced a final guidance for industry entitled ``Providing Regulatory
Submissions in Electronic Format--Standardized Study Data.'' The
guidance is available on FDA's Study Data Standards Resources web page
at https://www.fda.gov/industry/fda-resources-data-standards/study-data-standards-resources. The guidance implemented the electronic
submission requirements of section 745A(a) of the FD&C Act for study
data contained in NDAs, ANDAs, BLAs, applications under subsection (a)
or (k) of section 351 of the PHS Act, and certain INDs. The initial
timetable for the implementation of electronic submission requirements
for study data was December 17, 2016. The guidance states that a
Federal Register notice will specify the transition date for all new
standards (with the month and day for the transition date corresponding
to March 15).
    The transition date for support of CDISC SEND is March 15, 2021,
for CBER. Although SEND is now supported by CBER and sponsors or
applicants are encouraged to begin using it, the SEND standard will
only be required in studies that start 24 months after the transition
date of March 15, 2021. The Catalog will list March 15, 2023, as the
``date requirement begins'' for CBER. When multiple versions of an FDA-
supported standard are listed in the Catalog, sponsors or applicants
can select a version to use.

    Dated: July 8, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-15095 Filed 7-13-20; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 83, Number 129 (Thursday, July 5, 2018)]
[Rules and Regulations]
[Pages 31327-31328]
[FR Doc No: 2018-14337]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0755; Airspace Docket No. 17-AEA-11]
RIN 2120-AA66

Revocation and Amendment of Class E Airspace; Philipsburg, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, correction.

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SUMMARY: This action corrects a final rule published in the Federal
Register on June 11, 2018, amending Class E airspace extending upward
from 700 feet or more above the surface for Mid-State Airport,
Phillipsburg, PA, by

adding the word `side' to the legal description.

DATES: Effective 0901 UTC, July 19, 2018. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11B, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed on line 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 7400.11B at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1700
Columbia Avenue, College Park, Georgia 30337.

SUPPLEMENTARY INFORMATION:

History

    The FAA published a final rule in the Federal Register (83 FR
26839, June 11, 2018) for Doc. No. FAA-2017-0755, amending Class E
airspace extending upward from 700 feet or more above the surface at
Mid-State Airport, Philipsburg, PA. Subsequent to publication, the FAA
found that in the legal description describing the Class E airspace
area extending upward from 700 feet above the surface, the word `side'
was omitted from the text 3.1 miles each side of the Philipsburg VORTAC
067[deg] radial. This action corrects the error.
    Class E airspace designations are published in paragraph 6005, of
FAA Order 7400.11B dated August 3, 2017, and effective September 15,
2017, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and
Reporting Points, dated August 3, 2017, and effective September 15,
2017. FAA Order 7400.11B is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11B lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

Correction to Final Rule

    Accordingly, pursuant to the authority delegated to me, in the
Federal Register of June 11, 2018 (83 FR 26839) FR Doc. 2018-12410, the
amendment of Class E Airspace for Mid-State Airport, Philipsburg, PA is
corrected as follows:

Sec.  71.1   [Amended]

AEA PA E5 Philipsburg, PA [Corrected]

0
On page 26840, column 1, line 38, after the word, `each', add the word,
`side'.

     Issued in College Park, Georgia, on June 27, 2018.
Ken Brissenden,
 Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2018-14337 Filed 7-3-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: December 9, 2005 (Volume 70, Number 236)]
[Notices]
[Page 73226]
[DOCID:fr09de05-66]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12462-000-Massachusetts]

Indian River Power Supply, LLC; Notice of Availability of
Environmental Assessment

December 2, 2005.
    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's regulations, 18 CFR part
380 (Order No. 486, 52 FR 47879), the Office of Energy Projects has
reviewed the application for exemption from licensing for the Indian
River Project, to be located on the Westfield River, in the Town of
Russell, Hampden County, Massachusetts, and has prepared an
Environmental Assessment (EA). In the EA, Commission staff analyze the
potential environmental impacts of the project and conclude that
exempting the project from licensing, with appropriate environmental
measures, would not constitute a major Federal action significantly
affecting the quality of the human environment.
    A copy of the EA is on file with the Commission and is available
for public inspection. The EA may also be viewed on the Commission's
Web site at http://www.ferc.gov using the ``eLibrary'' link. Enter the

docket number excluding the last three digits in the docket number
field to access the document. For assistance, contact FERC Online
Support at<EMAIL_ADDRESS>or toll-free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>.
    Any comments should be filed within 30 days from the issuance date
of this notice, and should be addressed to the Secretary, Federal
Energy Regulatory Commission, 888 First Street, NE., Room 1-A,
Washington, DC 20426. Please affix ``Indian River Project No. 12462''
to all comments. Comments may be filed electronically via Internet in
lieu of paper. The Commission strongly encourages electronic filings.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site under the ``eFiling'' link.

FOR FURTHER INFORMATION CONTACT: Michael Spencer at<PHONE_NUMBER>.

 Magalie R. Salas,
Secretary.
[FR Doc. E5-7139 Filed 12-8-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 9 (Tuesday, January 14, 2014)]
[Notices]
[Pages 2505-2507]
[FR Doc No: 2014-00567]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0110]

Notice of Receipt of Petition for Decision That Nonconforming
2006-2013 Honda NT700V (Deauville) Motorcycles Are Eligible for
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming
2006-2013 Honda NT700V (Deauville) motorcycles are eligible for
importation.

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SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
2006-2013 Honda NT700V (Deauville) motorcycles that were not originally
manufactured to comply with all applicable Federal Motor Vehicle Safety
Standards (FMVSS) are eligible for importation into the United States
because they have safety features that comply with, or are capable of
being altered to comply with, all such standards.

DATES: The closing date for comments on the petition is February 13,
2014.

ADDRESSES: Comments should refer to the docket and notice numbers above

and be submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Instructions: Comments must be written in the English language, and
be no greater than 15 pages in length, although there is no limit to
the length of necessary attachments to the comments. If comments are
submitted in hard copy form, please ensure that two copies are
provided. If you wish to receive confirmation that your comments were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://DocketInfo.dot.gov.
    How To Read Comments Submitted to the Docket: You may read the
comments received by Docket Management at the address and times given
above. You may also view the documents from the Internet at http://www.regulations.gov. Follow the online instructions for accessing the
dockets. The docket ID number and title of this notice are shown at the
heading of this document notice. Please note that even after the
comment closing date, we will continue to file relevant information in
the Docket as it becomes available. Further, some people may submit
late comments. Accordingly, we recommend that you periodically search
the Docket for new material.

FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle
Safety Compliance, NHTSA<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 30141(a)(1)(B), a motor vehicle that was not
originally manufactured to conform to all applicable FMVSS, and has no
substantially similar U.S.-certified counterpart, shall be refused
admission into the United States unless NHTSA has decided that the
motor vehicle has safety features that comply with, or are capable of
being altered to comply with, all applicable FMVSS based on destructive
test data or such other evidence as NHTSA decides to be adequate.
    Petitions for eligibility decisions may be submitted by either
manufacturers or importers who have registered with NHTSA pursuant to
49 CFR part 592. As specified in 49 CFR 593.7, NHTSA publishes notice
in the Federal Register of each petition that it receives, and affords
interested persons an opportunity to comment on the petition. At the
close of the comment period, NHTSA decides, on the basis of the
petition and any comments that it has received, whether the vehicle is
eligible for importation. The agency then publishes this decision in
the Federal Register.
    US Specs of Havre de Grace, Maryland (Registered Importer 03-321)
has petitioned NHTSA to decide whether nonconforming 2006-2013 Honda
NT700V (Deauville) motorcycles are eligible for importation into the
United States. US Specs contends that these vehicles are eligible for
importation under 49 U.S.C. 30141(a)(1)(B) because they have safety
features that comply with, or are capable of being altered to comply
with, all applicable FMVSS.
    In its petition, US Specs described the nonconforming 2006-2013
Honda NT700V (Deauville) as the same model as the U.S.-certified 2010-
2011 Honda NT700V. Because the NT700V (Deauville) model was introduced
in countries other than the U.S. as a new model before the introduction
of the U.S-certified version in 2010, the petitioner acknowledged that
it could not base its petition on the substantial similarity of the
2006-2013 Honda NT700V (Deauville) to the U.S.-certified 2010 Honda
NT700V motorcycles due to the petitioning requirements of 49 U.S.C.
30141(a)(1)(A), as set forth in 49 CFR part 593. Instead, the
petitioner chose to establish import eligibility on the basis that the
vehicles have safety features that comply with, or are capable of being
modified to comply with, the FMVSS based on destructive test data or
such other evidence that NHTSA decides to be adequate as set forth in
49 U.S.C part 30141(a)(1)(B). The petitioner contends that the 2006-
2013 Honda NT700V, which the agency believes is also marketed as the
Honda Deauville in other markets, utilizes the same components as the
U.S.-certified 2010-2011 Honda NT700V motorcycles in virtually all of
the systems subject to the applicable FMVSS.
    Specifically, the petitioner claims that 2006-2013 Honda NT700V
(Deauville) motorcycles have safety features that comply with Standard
Nos. 106 Brake Hoses, 116 Motor Vehicle Brake Fluid, 119 New Pneumatic
Tires for Vehicles Other than Passenger Cars, 122 Motorcycle Brake
Systems, and 205 Glazing Materials.
    The petitioner further contends that the vehicles are capable of
being altered to comply with the following standards, in the manner
indicated:
    Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: Inspection of all vehicles and replacement of the following
with U.S.-certified components on vehicles not already so equipped: (a)
Headlamp; (b) front and rear side-mounted reflex reflectors; (c) front,
side, and rear-mounted reflex reflector; (d) tail lamp assembly
(including stoplamp, taillamp, turn signals, and license plate lamp);
and (e) front turn signal lamps.
    Standard No. 111 Rearview Mirrors: Inspection of all vehicles and
installation of compliant rearview mirrors on vehicles not already so
equipped.
    Standard No. 120 Tire Selection and Rims for Vehicles other than
Passenger Cars: Installation of a tire information placard.
    Standard No. 123 Motorcycle Controls and Displays: (a) Modification
or replacement of the speedometer so that it reads in miles per hour if
not already so equipped; and (b) installation of an ignition switch
label if not already so equipped.
    Standard No. 205 Glazing Materials: Inspection of windscreen (if so
equipped) for compliance and removal of any non-compliant components.
    All comments received before the close of business on the closing
date indicated above will be considered, and will be available for
examination in the docket at the above addresses both before and after
that date. To the extent possible, comments filed after the closing
date will also be considered. Notice of final action on the petition
will be published in the Federal Register pursuant to the authority
indicated below.

    Authority:  49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8;
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: January 9, 2014.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-00567 Filed 1-13-14; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Proposed Rules]
[Page 63734]
[FR Doc No: 2015-26783]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 271

[EPA-R06-RCRA-2015-0109; FRL-9935-99-Region 6]

Texas: Final Authorization of State Hazardous Waste Management
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The State of Texas has applied to the Environmental Protection
Agency (EPA) for Final authorization of the changes to its hazardous
waste program under the Resource Conservation and Recovery Act (RCRA).
EPA proposes to grant Final authorization to the State of Texas. In the
``Rules and Regulations'' section of this Federal Register, EPA is
authorizing the changes by direct final rule. EPA did not make a
proposal prior to the direct final rule because we believe this action
is not controversial and do not expect comments that oppose it. We have
explained the reasons for this authorization in the preamble to the
direct final rule. Unless we get written comments which oppose this
authorization during the comment period, the direct final rule will
become effective 60 days after publication and we will not take further
action on this proposal. If we receive comments that oppose this
action, we will withdraw the direct final rule and it will not take
effect. We will then respond to public comments in a later final rule
based on this proposal. You may not have another opportunity for
comment. If you want to comment on this action, you must do so at this
time.

DATES: Send your written comments by November 20, 2015.

ADDRESSES: Submit any comments identified by Docket ID No. EPA-R06-
RCRA-2015-0109 by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Mail: Alima Patterson, Region 6, Regional Authorization
Coordinator, State/Tribal Oversight Section (6PD-O), Multimedia
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue,
Dallas Texas 75202-2733.
    4. Hand Delivery or Courier: Deliver your comments to Alima
Patterson, Region 6, Regional Authorization Coordinator, State/Tribal
Oversight Section (6PD-O), Multimedia Planning and Permitting Division,
EPA Region 6, 1445 Ross Avenue, Dallas Texas 75202-2733.
    Instructions: Do not submit information that you consider to be CBI
or otherwise protected through regulations.gov, or email. Direct your
comment to Docket No. EPA-R06-RCRA-2015-0070. The Federal
regulations.gov Web site is an ``anonymous access'' system, which means
the 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 the EPA without going through 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, the 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 the EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, the 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. You can view and
copy Texas' application and associated publicly available materials
from 8:30 a.m. to 4 p.m. Monday through Friday at the following
locations: Texas Commission on Environmental Quality, (TCEQ) 12100 Park
S. Circle, Austin, Texas 78753-3087,<PHONE_NUMBER> and EPA, Region 6,
1445 Ross Avenue, Dallas, Texas 75202-2733, phone number (214) 665-
8533. Interested persons wanting to examine these documents should make
an appointment with the office at least two weeks in advance.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 Regional
Authorization Coordinator, State/Tribal Oversight Section (6PD-O),
Multimedia Planning and Permitting Division,<PHONE_NUMBER>, EPA Region
6 1445 Ross Avenue, Dallas, Texas 75202-2733, and Email address
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    For additional information, please see the immediate final rule
published in the ``Rules and Regulations'' section of this Federal
Register.

    Dated: October 1, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015-26783 Filed 10-20-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 61 (Friday, March 29, 2013)]
[Notices]
[Pages 19340-19342]
[FR Doc No: 2013-07314]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69225; File No. SR-NYSE-2013-22]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Deleting Commentary .01 to NYSE Rule 2B, Which Provides an Exception
Related to the Exchange's Equity Ownership Interest in BIDS Holdings
L.P.

March 25, 2013.
    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 March 20, 2013, the New York Stock Exchange LLC (``NYSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to delete Commentary .01 to NYSE Rule 2B,
which provides an exception related to the Exchange's equity ownership
interest in BIDS Holdings L.P. (``BIDS Holdings''). The text of the
proposed rule change is available on the Exchange's Web site at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to delete Commentary .01 to NYSE Rule 2B,
which provides an exception related to the Exchange's equity ownership
interest in BIDS Holdings.
    On January 22, 2009, the Securities and Exchange Commission (the
``Commission'') approved on a pilot basis the governance structure
proposed by the Exchange with respect to the New York Block Exchange
(``NYBX''), an electronic trading facility of the Exchange for NYSE-
listed securities that was established by means of a joint venture
between the Exchange and BIDS Holdings.\3\ The governance structure
that was approved is reflected in the Limited Liability Company
Agreement (the ``LLC Agreement'') of New York Block Exchange LLC (the
``Company''), the entity that owns and operates

NYBX. Under the governance structure approved by the Commission, the
Exchange and BIDS Holdings each own a 50% economic interest in the
Company. In addition, the Exchange, through its wholly-owned subsidiary
NYSE Market, Inc., owns less than 10% of the aggregate limited
partnership interest in BIDS Holdings. BIDS Holdings is the parent
company of BIDS Trading, L.P. (``BIDS Trading''), which became a member
organization of the Exchange in connection with the establishment of
NYBX.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 59281 (January 22,
2009), 74 FR 5014 (January 28, 2009) (SR-NYSE-2008-120) (the
``Approval Order'').
---------------------------------------------------------------------------

    The foregoing ownership arrangements would violate NYSE Rule 2B
without an exception from the Commission.\4\ First, the Exchange's
indirect ownership interest in BIDS Trading would violate the
prohibition in Rule 2B against the Exchange maintaining an ownership
interest in a member organization. Second, BIDS Trading is an affiliate
of an affiliate of the Exchange,\5\ which would violate the prohibition
in Rule 2B against a member of the Exchange having such status.
Consequently, in approving NYBX, the Commission imposed certain
limitations and conditions, one of which was set forth in Commentary
.01 of Rule 2B. That commentary provides that the Exchange and BIDS
Holdings must establish and maintain procedures and internal controls
reasonably designed to ensure that BIDS Holdings and its affiliates do
not have access to certain non-public information relating to the
Exchange.
---------------------------------------------------------------------------

    \4\ NYSE Rule 2B provides, in relevant part, that ``[w]ithout
prior SEC approval, the Exchange or any entity with which it is
affiliated shall not, directly or indirectly, acquire or maintain an
ownership interest in a member organization. In addition, a member
organization shall not be or become an affiliate of the Exchange, or
an affiliate of any affiliate of the Exchange. * * * The term
affiliate shall have the meaning specified in Rule 12b-2 under the
Act.''
    \5\ Specifically, the Company is an affiliate of the Exchange,
and BIDS Trading is an affiliate of the Company based on their
common control by BIDS Holdings. The affiliation in each case is the
result of the 50% ownership interest in the Company by each of the
Exchange and BIDS Holdings.
---------------------------------------------------------------------------

    In the Approval Order, the Commission permitted an exception to
these two potential violations of NYSE Rule 2B, subject to a number of
limitations and conditions as follows: \6\
---------------------------------------------------------------------------

    \6\ See Approval Order at 5018. At the time of the Approval
Order, BIDS Trading had not yet become a member of the Exchange.
Ibid. (stating that BIDS ``will become a member of NYSE in
connection with the establishment of NYBX'') (citing Securities
Exchange Act Release No. 58970 (November 17, 2008), 73 FR 71062
(November 24, 2008) (SR-NYSE-2008-120) (the ``Notice'') at 71062).
Accordingly, the limitations and conditions set out in the Approval
Order only referenced BIDS Holdings. The Exchange has updated the
limitations and conditions from the Approval Order to reference BIDS
Trading, where appropriate.
---------------------------------------------------------------------------

     First, that NYSE and the Financial Industry Regulatory
Authority (``FINRA'') enter into an agreement pursuant to Rule 17d-2
under the Act,\7\ under which FINRA is allocated regulatory
responsibilities to review BIDS Trading's compliance with certain
NYSE rules.
---------------------------------------------------------------------------

    \7\ 17 CFR 240.17d-2.
---------------------------------------------------------------------------

     Second, that NYSE Regulation monitor BIDS Trading for
compliance with NYSE's trading rules and collect and maintain
certain related information.\8\
---------------------------------------------------------------------------

    \8\ See Approval Order at n.75 (stating that ``NYSE Regulation
`will collect and maintain the following information of which NYSE
Regulation staff becomes aware--namely, all alerts, complaints,
investigations and enforcement actions where BIDS [Trading] (in its
capacity as an NYSE member) is identified as a participant that has
potentially violated NYSE or applicable SEC rules--in an easily
accessible manner so as to facilitate any review conducted by the
SEC's Office of Compliance Inspections and Examination''') (citing
the Notice at 71068).
---------------------------------------------------------------------------

     Third, that NYSE Regulation provide a report to NYSE's
Chief Regulatory Officer, on a quarterly basis, that (i) quantifies
all alerts (of which NYSE Regulation is aware) that identify BIDS
Trading as a participant that has potentially violated NYSE or
Commission rules, and (ii) quantifies the number of all
investigations that identify BIDS Trading as a participant that has
potentially violated NYSE or Commission rules.
     Fourth, that NYSE and BIDS Holdings establish and
maintain procedures and internal controls reasonably designed to
ensure that BIDS Holdings and its affiliates do not have access to
non-public information relating to the Exchange, obtained as a
result of BID Holdings' affiliation with NYSE, until such
information is available generally to similarly situated members of
NYSE.\9\ Under this rule, BIDS Holdings and its affiliates may have
access to non-public information relating to the parties'
obligations under the LLC Agreement, and such non-public information
must be kept confidential in accordance with Section 14.1 of the LLC
Agreement.
---------------------------------------------------------------------------

    \9\ See NYSE Rule 2B, Commentary .01.
---------------------------------------------------------------------------

     Fifth, that if, during at least four of the preceding
six calendar months, the average daily trading volume in NYBX
exceeds 10% of the aggregate daily trading volume of NYSE, then,
within 180 days, either an independent third party self-regulatory
organization engaged by the Company must begin to conduct
surveillance of BIDS Trading with respect to BIDS Trading's trading
activity on both NYBX and NYSE, or BIDS Holdings must reduce its
interest in the Company such that it does not exceed the
``Concentration Limitation.'' \10\
---------------------------------------------------------------------------

    \10\ See Section 9.9 of the LLC Agreement.
---------------------------------------------------------------------------

     Sixth, that NYSE, or any of its affiliates, may not
directly or indirectly increase its equity interest in BIDS Holdings
above 10% without prior Commission approval.\11\
---------------------------------------------------------------------------

    \11\ See supra note 4.
---------------------------------------------------------------------------

     Finally, that the exceptions from NYSE Rule 2B would be
for a pilot period of 12 months.
    The original 12-month pilot period expired on January 22, 2010 and
has been extended for four additional 12-month periods to January 22,
2014.\12\
---------------------------------------------------------------------------

    \12\ See Securities Exchange Act Release Nos. 61409 (January 22,
2010), 75 FR 4889 (January 29, 2010) (SR-NYSE-2010-04); 63545
(December 14, 2010), 75 FR 80088 (December 21, 2010) (SR-NYSE-2010-
82); 66059 (December 27, 2011), 77 FR 145 (January 3, 2012) (SR-
NYSE-2011-67); and 68658 (January 15, 2013), 78 FR 4524 (January 22,
2013) (SR-NYSE-2013-01).
---------------------------------------------------------------------------

    The Exchange ceased operating NYBX on February 28, 2013 because,
after years of operations, the facility did not garner enough volume to
achieve critical mass and did not have strong customer support.\13\
Accordingly, on March 1, 2013, BIDS Trading terminated its membership
with the Exchange and its affiliate, NYSE MKT LLC (``NYSE MKT'').
Because BIDS Trading is no longer a member organization of the Exchange
or any of the Exchange's affiliates, the Exchange proposes to delete
Commentary .01 to NYSE Rule 2B and notes that the conditions and
limitations described in the Approval Order no longer apply.\14\
---------------------------------------------------------------------------

    \13\ See Securities Exchange Act Release No. 68861 (February 7,
2013), 78 FR 10226 (February 13, 2013) (SR-NYSE-2013-12).
    \14\ The Exchange notes that the conditions and limitations were
applicable through March 1, 2013, when BIDS Trading ceased to be an
Exchange member organization. As such, the report to the Exchange's
Chief Regulatory Officer, enumerated in the third condition, should
include BIDS Trading activity through to March 1, 2013.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\15\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\16\ in particular, because it
promotes just and equitable principles of trade, removes impediments to
and perfects the mechanism of a free and open market and a national
market system, and, in general, helps to protect investors and the
public interest. The Exchange believes that the proposal removes
impediments to and perfects the mechanism of a free and open market by
reducing potential confusion that may result from having unnecessary
rule commentary in the Exchange's rulebook. Specifically, because BIDS
Trading is no longer a member organization of the Exchange or any of
its affiliates, the relationship between the Exchange and BIDS Holdings
no longer violates Rule 2B and therefore no longer requires an
exception to that rule.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not

necessary or appropriate in furtherance of the purposes of the Act. The
proposed change is not designed to address any competitive issue but
rather would delete unnecessary rule commentary in the Exchange's
rulebook, thereby reducing confusion and making the Exchange's rules
easier to understand and navigate.

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \17\ and Rule 19b-4(f)(6) thereunder.\18\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.\19\
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \18\ 17 CFR 240.19b-4(f)(6).
    \19\ In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to
give the Commission written notice of the Exchange's intent to file
the proposed rule change, along with a brief description and text of
the proposed rule change, at least five business days prior to the
date of filing of the proposed rule change, or such shorter time as
designated by the Commission. The Exchange has satisfied this
requirement.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Commission believes that waiving the 30-day operative delay
is consistent with the protection of investors and the public interest
because such waiver would allow the Exchange to delete unnecessary and
obsolete rule text and therefore make the Exchange's rules easier to
understand and navigate. Therefore, the Commission designates the
proposed rule change as operative upon filing.\20\
---------------------------------------------------------------------------

    \20\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2013-22 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NYSE-2013-22. 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 Section, 100 F Street
NE., Washington, DC 20549. Copies of the filing will also be available
for Web site viewing and printing at the NYSE's principal office and on
its Internet Web site at www.nyse.com. All comments received will be
posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2013-22 and should be submitted on
or before April 19, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-07314 Filed 3-28-13; 8:45 am]
BILLING CODE 8011-01-P