[Federal Register Volume 87, Number 201 (Wednesday, October 19, 2022)]
[Notices]
[Pages 63565-63569]
[FR Doc No: 2022-22659]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96066; File No. SR-NYSEAMER-2022-45]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Change To Amend the NYSE
American Options Fee Schedule Concerning the Options Regulatory Fee

October 13, 2022.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on September 28, 2022, NYSE American LLC (``NYSE American''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the NYSE American Options Fee
Schedule (``Fee Schedule'') regarding the Options Regulatory Fee
(``ORF''), effective September 28, 2022. The proposed change is
available on the Exchange's website 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 amend the Fee Schedule to (1) waive the
ORF for the period November 1, 2022 through January 31, 2023; (2)
eliminate the requirement that the Exchange may only modify the ORF
semi-annually; and (3) delete outdated language relating to the ORF for
August 30, 2019 (the ``August 2019 ORF'').
Background
    As a general matter, the Exchange may only use regulatory funds
such as the ORF ``to fund the legal, regulatory, and surveillance
operations'' of the Exchange.\4\ More specifically, the ORF is designed
to recover a material portion, but not all, of the Exchange's costs for
the supervision and regulation of ATP Holders, including the Exchange's
regulatory program and legal expenses associated with options, such as
the costs related to in-house staff, third-party service providers, and
technology that facilitate surveillance, investigation, examinations
and enforcement (collectively, the ``ORF Costs''). ORF funds may also
be used for indirect expenses such as human resources and other
administrative costs. The Exchange monitors the amount of revenue
collected from the ORF to ensure that this revenue, in combination with
other regulatory fees and fines, does not exceed regulatory costs.
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    \4\ The Exchange considers surveillance operations part of
regulatory operations. The limitation on the use of regulatory funds
also provides that they shall not be distributed. See Thirteenth
Amended and Restated Operating Agreement of NYSE American LLC,
Article IV, Section 4.05 and Securities Exchange Act Release No.
87993 (January 16, 2020), 85 FR 4050 (January 23, 2020) (SR-
NYSEAMER-2020-04).
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    The ORF is assessed on ATP Holders for options transactions that
are cleared by the ATP Holder through the Options Clearing Corporation
(``OCC'') in the Customer range regardless of the exchange on which the
transaction occurs.\5\ All options transactions must clear via a
clearing firm and such clearing firms can then choose to pass through
all, a portion, or none of the cost of the ORF to its customers, i.e.,
the entering firms. Because the ORF is collected from ATP Holder
clearing firms by the OCC on behalf of NYSE American,\6\ the Exchange
believes that using options transactions in the Customer range serves
as a proxy for how to apportion regulatory costs among such ATP
Holders. In addition, the Exchange notes that the costs relating to
monitoring ATP Holders with respect to Customer trading activity are
generally higher than the costs associated with monitoring ATP Holders
that do not engage in Customer trading activity, which tends to be more
automated and less labor-intensive. By contrast, regulating ATP Holders
that engage in Customer trading activity is generally more labor
intensive and requires a greater expenditure of human and technical
resources as the Exchange needs to review not only the trading activity
on behalf of Customers, but also the ATP Holder's relationship with its
Customers via more labor-intensive exam-based programs.\7\ As a result,
the costs associated with administering the customer component of the
Exchange's overall regulatory program are materially higher than the
costs associated with administering the non-customer component (e.g.,
ATP Holder

proprietary transactions) of its regulatory program.
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    \5\ See Fee Schedule, Section VII, Regulatory Fees, Options
Regulatory Fee (``ORF''), available here, https://www.nyse.com/publicdocs/nyse/markets/american-options/NYSE_American_Options_Fee_Schedule.pdf.
    \6\ See id. The Exchange uses reports from OCC when assessing
and collecting the ORF. The ORF is not assessed on outbound linkage
trades. An ATP Holder is not assessed the fee until it has satisfied
applicable technological requirements necessary to commence
operations on NYSE American. See id.
    \7\ The Exchange notes that many of the Exchange's market
surveillance programs require the Exchange to look at and evaluate
activity across all options markets, such as surveillance for
position limit violations, manipulation, front-running and contrary
exercise advice violations/expiring exercise declarations. The
Exchange and other options SROs are parties to a 17d-2 agreement
allocating among the SROs regulatory responsibilities relating to
compliance by the common members with rules for expiring exercise
declarations, position limits, OCC trade adjustments, and Large
Option Position Report reviews. See, e.g., Securities Exchange Act
Release No. 85097 (February 11, 2019), 84 FR 4871 (February 19,
2019).
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ORF Collections and Monitoring of ORF
    Exchange rules establish that the Exchange may only increase or
decrease the ORF semi-annually, that any such fee change will be
effective on the first business day of February or August, and that
market participants must be notified of any such change via Trader
Update at least 30 calendar days prior to the effective date of the
change.\8\
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    \8\ See Fee Schedule, supra note 5.
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    Because the ORF is based on options transactions volume, the amount
of ORF collected is variable. For example, if options transactions
reported to OCC in a given month increase, the ORF collected from ATP
Holders will likely increase as well. Similarly, if options
transactions reported to OCC in a given month decrease, the ORF
collected from ATP Holders will likely decrease as well. Accordingly,
the Exchange monitors the amount of ORF collected to ensure that it
does not exceed the ORF Costs. If the Exchange determines the amount of
ORF collected exceeds costs over an extended period, the Exchange may
adjust the ORF by submitting a fee change filing to the Securities and
Exchange Commission (the ``Commission'').
Temporary ORF Waiver
    Based on the Exchange's recent review of regulatory costs and ORF
collections, the Exchange proposes to waive the ORF from November 1,
2022 through January 31, 2023 in order to help ensure that the amount
collected from the ORF, in combination with other regulatory fees and
fines, does not exceed the Exchange's total regulatory costs. The
Exchange proposes to resume assessing the ORF on February 1, 2023 at
the current rate of $0.0055 per contract. The Exchange will notify ATP
Holders of the proposed change to the ORF via Trader Update at least 30
calendar days prior to the proposed operative date of the waiver,
November 1, 2022, so that market participants have an opportunity to
configure their systems to account for the waiver of the ORF. The
Exchange's proposal to waive the ORF for the month of January 2023
would similarly provide ATP Holders with additional time in the new
year to make any necessary adjustments or preparations for the
resumption of the ORF effective February 1, 2023.
    The proposed waiver is based on recent options volumes. The options
industry has experienced extremely high options trading volumes and
volatility, and options volume in 2022 remains high when compared to
options volume in 2019, 2020, and 2021. The increased options volumes
have, in turn, impacted the Exchange's ORF collection.
    For example, total average daily volume in 2022, to date, is 115%
higher than total average daily volume in 2019, and customer average
daily volume in 2022, to date, is 123% higher than customer average
daily volume in 2019. Below is industry data from OCC \9\ illustrating
the significant increase in options volume between 2019 and 2022:
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    \9\ The OCC publishes options and futures volume in a variety of
formats, including daily and monthly volume by exchange, available
here: https://www.theocc.com/Market-Data/Market-Data-Reports/Volume-and-Open-Interest/Monthly-Weekly-Volume-Statistics. The volume
discussed in this filing is based on a compilation of OCC data for
monthly volume of equity-based options and monthly volume of ETF-
based options, in contract sides.

----------------------------------------------------------------------------------------------------------------
                                                       2019            2020            2021            2022
----------------------------------------------------------------------------------------------------------------
Customer ADV....................................      15,234,198      25,598,023      34,730,276      33,939,560
Total ADV.......................................      35,083,673      55,369,993      74,339,870      75,497,647
----------------------------------------------------------------------------------------------------------------

    In addition, the below industry data from OCC demonstrates the high
options trading volumes (especially when compared to 2019, 2020, and
2021) and volatility that the industry has continued to experience in
2022:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            April 2022       May 2022        June 2022       July 2022      August 2022   September 2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
Customer ADV............................................      33,266,801      34,202,077      31,469,858      30,506,706      33,013,156      34,149,000
Total ADV...............................................      73,140,597      76,254,734      70,628,926      68,535,963      73,487,342      77,134,470
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Because of the difficulty of predicting when volumes may return to
more normal levels, the Exchange proposes to waive the ORF from
November 1, 2022 through January 31, 2023. The Exchange cannot predict
whether options volume will remain at these levels going forward and
projections for future regulatory costs are estimated, preliminary, and
may change. However, the Exchange believes that the proposed waiver of
the ORF would allow the Exchange to continue to monitor the amount
collected from the ORF to help ensure that ORF collection, in
combination with other regulatory fees and fines, does not exceed
regulatory costs without the need to account for any ORF collection
during that timeframe. The Exchange proposes to resume assessing the
current ORF rate of $0.0055 per contract side as of February 1, 2023.
Semi-Annual Changes To ORF
    As noted above, the Fee Schedule currently specifies that the
Exchange may only increase or decrease the ORF semi-annually and that
any such fee change will be effective on the first business day of
February or August.\10\ NYSE American proposes to eliminate this
requirement to afford the Exchange increased flexibility in amending
the ORF.\11\ Although the Exchange proposes to eliminate the
requirement to adjust the ORF only semi-annually, it would continue to
submit a proposed rule change for each modification of the ORF and
notify ATP Holders of any planned change to the ORF by Trader Update at
least 30 calendar days prior to the effective date of such change. The
Exchange believes that the prior notification to ATP Holders will
provide guidance on the timing of any changes to the ORF and ensure
that ATP Holders are prepared to configure their systems to properly
account for the ORF. The Exchange will also issue a Trader Update
informing ATP Holders of the ORF adjustment proposed in this filing, as
described below, at least 30 calendar

days prior to the proposed effective date.
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    \10\ See Fee Schedule, supra note 5.
    \11\ The Exchange notes that at least one other options exchange
has previously removed this requirement with respect to adjusting
the ORF. See, e.g., Securities Exchange Act Release No. 76950
(January 21, 2016), 81 FR 4687 (January 27, 2016) (SR-NASDAQ-2016-
003) (Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Amend the Options Regulatory Fee).
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August 2019 ORF
    The Exchange proposes to delete language in the Fee Schedule
pertaining to the August 2019 ORF, which was relevant only for the
August 30, 2019 trading day and thus no longer reflects a fee currently
assessed by the Exchange. The Exchange believes this change would
improve the clarity of the Fee Schedule by removing obsolete language.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6(b) \12\ of the Act, in general, and
Section 6(b)(4) and (5) \13\ of the Act, in particular, in that it is
designed to provide for the equitable allocation of reasonable dues,
fees, and other charges among its members and other persons using its
facilities and does not unfairly discriminate between customers,
issuers, brokers, or dealers.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(4) and (5).
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The Proposal Is Reasonable
    The Exchange believes the proposed temporary waiver of the ORF is
reasonable because it would help ensure that collections from the ORF
do not exceed a material portion of the Exchange's ORF Costs. As noted
above, the Exchange may only use regulatory funds such as ORF ``to fund
the legal, regulatory, and surveillance operations'' of the
Exchange.\14\ In this regard, the ORF is designed to recover a material
portion, but not all, of the Exchange's ORF Costs.
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    \14\ See note 4, supra.
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    Although there can be no assurance that the Exchange's final costs
for 2022 will not differ materially from its expectations and prior
practice, nor can the Exchange predict with certainty whether options
volume will remain at the current level going forward, the Exchange
believes that the amount collected based on the current ORF rate, when
combined with regulatory fees and fines, may result in collections in
excess of the estimated ORF Costs for the year. Particularly, as noted
above, the options market has seen a substantial increase in volume in
2022 as compared to 2019, 2020, and 2021, due in large part to the
continued extreme volatility in the marketplace as a result of the
COVID-19 pandemic. This unprecedented spike in volatility resulted in
significantly higher volume than was originally projected by the
Exchange, thereby resulting in substantially higher ORF collections
than projected. The Exchange therefore believes that it would be
reasonable to waive ORF from November 1, 2022 through January 31, 2023
to help ensure that ORF collection does not exceed the ORF Costs for
2022.\15\ Particularly, the Exchange believes that waiving the ORF from
November 1, 2022 to January 31, 2023 and taking into account all of the
Exchange's other regulatory fees and fines would allow the Exchange to
continue covering a material portion of ORF Costs, while lessening the
potential for generating excess funds that may otherwise occur using
the current rate. The Exchange would resume assessing its current ORF
($0.0055 per contract) as of February 1, 2023. Until effectiveness of
the waiver on November 1, 2022, the Exchange will continue to monitor
the amount collected from the ORF to ensure that it, in combination
with its other regulatory fees and fines, does not exceed ORF Costs.
The Exchange would also continue monitoring the amount collected from
the ORF when such collection resumes on February 1, 2023 and, if
necessary to ensure that such collections do not exceed such costs,
subsequently adjust the ORF by submitting a filing a proposed rule
change and notifying ATP Holders of such change by Trader Update.
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    \15\ The Exchange's proposal to also waive the ORF for the month
of January 2023 would provide ATP Holders with additional time in
the new year to make any necessary adjustments or preparations for
the resumption of the ORF effective February 1, 2023.
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    The Exchange believes that the proposed elimination of language
specifying that the Exchange may only increase or decrease the ORF
semi-annually and that any such fee change must be effective on the
first business day of February or August is reasonable because it is
designed to afford the Exchange increased flexibility in making
necessary adjustments to the ORF, as the Exchange is required to
monitor the amount collected from the ORF to ensure that it, in
combination with its other regulatory fees and fines, does not exceed
ORF Costs . The Exchange also believes the proposed change is
reasonable because the Exchange will continue to provide market
participants with 30 days advance notice of changes to the ORF, thereby
providing ATP Holders with adequate time to make any necessary
adjustments to accommodate the change.
    The Exchange also believes that the proposed deletion of language
relating to the August 2019 ORF is reasonable because it would remove
obsolete language and thus improve the clarity of the Fee Schedule.
The Proposal Is an Equitable Allocation of Fees
    The Exchange believes its proposal is an equitable allocation of
fees among its market participants. The Exchange believes that the
proposed waiver would not place certain market participants at an
unfair disadvantage because all options transactions must clear via a
clearing firm. Such clearing firms can then choose to pass through all,
a portion, or none of the cost of the ORF to its customers, i.e., the
entering firms. Because the ORF is collected from ATP Holder clearing
firms by the OCC on behalf of NYSE American, the Exchange believes that
using options transactions in the Customer range serves as a proxy for
how to apportion ORF Costs among such ATP Holders. In addition, the
Exchange notes that the costs relating to monitoring ATP Holders with
respect to Customer trading activity are generally higher than the
costs associated with monitoring ATP Holders that do not engage in
Customer trading activity, which tends to be more automated and less
labor-intensive. By contrast, regulating ATP Holders that engage in
Customer trading activity is generally more labor intensive and
requires a greater expenditure of human and technical resources as the
Exchange needs to review not only the trading activity on behalf of
Customers, but also the ATP Holder's relationship with its Customers
via more labor-intensive exam-based programs. As a result, the costs
associated with administering the customer component of the Exchange's
overall regulatory program are materially higher than the costs
associated with administering the non-customer component (e.g., ATP
Holder proprietary transactions) of its regulatory program. Thus, the
Exchange believes that a temporary waiver of the ORF is an equitable
allocation of fees because it would apply equally to all ATP Holders on
all their transactions that clear in the Customer range at the OCC.
    The Exchange also believes that the proposed change to eliminate
the requirement that the Exchange modify the ORF only semi-annually in
February or August is equitable because the change would impact all ATP
Holders subject to the ORF uniformly, and all ATP Holders would
continue to receive at least 30 days' advance notice of changes to the
ORF. The proposed change to remove language relating to the August 2019
ORF is also equitable because it would eliminate language

from the Fee Schedule that is no longer applicable to any ATP Holders.
The Proposed Fee Is Not Unfairly Discriminatory
    The Exchange believes that the proposal is not unfairly
discriminatory. The Exchange believes that the proposed waiver of the
ORF would not place certain market participants at an unfair
disadvantage because all options transactions must clear via a clearing
firm. Such clearing firms can then choose to pass through all, a
portion, or none of the cost of the ORF to its customers, i.e., the
entering firms. Because the ORF is collected from ATP Holder clearing
firms by the OCC on behalf of NYSE American, the Exchange believes that
using options transactions in the Customer range serves as a proxy for
how to apportion regulatory costs among such ATP Holders. In addition,
the Exchange notes that the costs relating to monitoring ATP Holders
with respect to Customer trading activity are generally higher than the
costs associated with monitoring ATP Holders that do not engage in
Customer trading activity, which tends to be more automated and less
labor-intensive. By contrast, regulating ATP Holders that engage in
Customer trading activity is generally more labor intensive and
requires a greater expenditure of human and technical resources as the
Exchange needs to review not only the trading activity on behalf of
Customers, but also the ATP Holder's relationship with its Customers
via more labor-intensive exam-based programs. As a result, the costs
associated with administering the customer component of the Exchange's
overall regulatory program are materially higher than the costs
associated with administering the non-customer component (e.g., ATP
Holder proprietary transactions) of its regulatory program. Thus, the
Exchange believes the temporary waiver of the ORF and the proposed
modification of language relating to the Exchange's ability to modify
the ORF is not unfairly discriminatory because the changes would apply
to all ATP Holders subject to the ORF and the Exchange would provide
all such ATP Holders with 30 days' advance notice of planned changes to
the ORF.
    The Exchange believes that the proposed change to eliminate the
semi-annual change requirement is not unfairly discriminatory because
the change would apply to all ATP Holders subject to the ORF.
Furthermore, all ATP Holders would continue to be notified of changes
to the ORF at least 30 days prior to the effectiveness of any such
change. The proposed change to remove language relating to the August
2019 ORF is also not unfairly discriminatory because it would eliminate
language from the Fee Schedule describing a fee that was effective only
for August 30, 2019 and thus no longer impacts any ATP Holders.

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.
    Intramarket Competition. The Exchange believes the proposed change
would not impose an undue burden on competition because the ORF is
charged to all ATP Holders on all their transactions that clear in the
Customer range at the OCC; thus, the amount of ORF imposed is based on
the amount of Customer volume transacted. The Exchange believes that
the proposed temporary waiver of the ORF would not place certain market
participants at an unfair disadvantage because all options transactions
must clear via a clearing firm. Such clearing firms can then choose to
pass through all, a portion, or none of the cost of the ORF to its
customers, i.e., the entering firms. In addition, because the ORF is
collected from ATP Holder clearing firms by the OCC on behalf of NYSE
American, the Exchange believes that using options transactions in the
Customer range serves as a proxy for how to apportion regulatory costs
among such ATP Holders. The Exchange further believes that the proposed
change to remove the semi-annual requirement would not impose any
burden on competition because the change would impact all ATP Holders
subject to the ORF, and the Exchange will continue to provide advance
notice of changes to the ORF to all ATP Holders via Trader Update. The
Exchange also believes that the proposed change to eliminate language
relating to the August 2019 ORF would not impact intramarket
competition because it would simply add clarity to the Fee Schedule by
removing text describing a fee that is no longer effective.
    Intermarket Competition. The proposed fee change is not designed to
address any competitive issues. Rather, the proposed change is designed
to help the Exchange adequately fund its regulatory activities while
seeking to ensure that total collections from regulatory fees do not
exceed total regulatory costs and to promote clarity in the Fee
Schedule by deleting obsolete text.

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 foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \16\ of the Act and subparagraph (f)(2) of Rule
19b-4 \17\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(2).
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    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. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \18\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \18\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File No. SR-NYSEAMER-2022-45 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-NYSEAMER-2022-45. 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 website (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 website 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 the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File No. SR-NYSEAMER-2022-45, and should be submitted
on or before November 9, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-22659 Filed 10-18-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: July 17, 2007 (Volume 72, Number 136)]
[Corrections]
[Page 39138]
[DOCID:fr17jy07-103]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8331-6]

Protection of Stratospheric Ozone: Notice of Data Availability--
Changes in HCFC Consumption and Emissions from the U.S. Proposed
Adjustments for Accelerating the HCFC Phaseout

Correction

    In notice document E7-12446 beginning on page 35230 in the issue of
Wednesday, June 27, 2007, make the following correction:
    On page 35232, the table appearing under the heading ``4. How is
this action related to the U.S. phaseout of ozone-depleting
substances?'' should read as follows:

                                             HCFC Phaseout Schedule
----------------------------------------------------------------------------------------------------------------
    Comparison of the current Montreal Protocol schedule for Non-Article 5 Parties and United States phaseout
                                                    schedules
-----------------------------------------------------------------------------------------------------------------
                  Montreal Protocol                                          United States
----------------------------------------------------------------------------------------------------------------
                                            Percent
                                         reduction in
                                         consumption,                                 Implementation of HCFC
         Year to be implemented            using the     Year to be implemented   phaseout through Clean Air Act
                                           cap as a                                         regulations
                                           baseline
----------------------------------------------------------------------------------------------------------------
2004...................................          35.0  2003.....................  No production and no importing
                                                                                of HCFC-141b.
2010...................................          65.0  2010.....................  No production and no importing
                                                                                of HCFC-142b and HCFC-22,
                                                                                except for use in equipment
                                                                                manufactured before 1/1/2010.
2015...................................          90.0  2015.....................  No production and no importing
                                                                                of any HCFCs, except for use
                                                                                as refrigerants in equipment
                                                                                manufactured before 1/1/2020.
2020...................................          99.5  2020.....................  No production and no importing
                                                                                of HCFC-142b and HCFC-22.
2030...................................         100.0  2030.....................  No production and no importing
                                                                                of any HCFCs.
----------------------------------------------------------------------------------------------------------------

[FR Doc. Z7-12446 Filed 7-16-07; 8:45 am]

BILLING CODE 1505-01-D


[Federal Register Volume 83, Number 177 (Wednesday, September 12, 2018)]
[Rules and Regulations]
[Pages 46117-46118]
[FR Doc No: 2018-19874]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2005-0011; FRL-9983-63--Region 1]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Old Southington Landfill
Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 1 announces
the deletion of the Old Southington Landfill Superfund Site (Site)
located in Southington, Connecticut, from the National Priorities List
(NPL). The NPL, promulgated pursuant to Section 105 of the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an appendix of the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the
State of Connecticut, through the Connecticut Department of Energy and
Environmental Protection (CTDEEP), have determined that all appropriate
response actions under CERCLA, other than operation and maintenance,
monitoring, and five-year reviews, have been completed. However, this
deletion does not preclude future actions under Superfund.

DATES: This action is effective September 12, 2018.

ADDRESSES:
    Docket: EPA has established a docket for this action under Docket
Identification No. EPA-HQ-SFUND-2005-0011. All documents in the docket
are listed on the http://www.regulations.gov website. Although listed
in the index, some information is not publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through http://www.regulations.gov or
in hard copy at the Site information repositories. Locations, contacts,
phone numbers and viewing hours are:
    U.S. EPA Region 1--New England, Superfund Records Center, 5 Post
Office Square, Suite 100, Boston, MA 02109, Phone:<PHONE_NUMBER>, Hours:
Monday-Friday: 9:00 a.m.-5:00 p.m., Saturday and Sunday--Closed.
    Southington Public Library, 255 Main Street, Southington, CT,
Phone:<PHONE_NUMBER>, Hours: Monday-Thursday 9:00 a.m.-9:00 p.m.,
Friday-Saturday 9:00 a.m.-5:00 p.m., and Sunday Closed.

FOR FURTHER INFORMATION CONTACT: Almerinda Silva, Remedial Project
Manager, U.S. Environmental Protection Agency, Region I, OSRR 07-4, 5
Post Office Square, Boston, MA 02109-3912. Telephone<PHONE_NUMBER>,
Email [email protected].

SUPPLEMENTARY INFORMATION: The site to be deleted from the NPL is: the
Old Southington Landfill Superfund Site located at Old Turnpike Road,
Southington, Connecticut. A Notice of Intent to Delete for this Site
was published in the Federal Register (83 FR 34513) on July 20, 2018.
    The closing date for comments on the Notice of Intent to Delete was
August 20, 2018. No public comments were received. Therefore, a
responsiveness summary was not prepared and not placed in the docket,
EPA-HQ-SFUND-2005-0011, on www.regulations.gov, nor in the local
repositories listed above. EPA still believes the deletion action is
still appropriate.
    EPA maintains the NPL as the list of sites that appear to present a
significant risk to public health, welfare, or the environment.
Deletion from the NPL does not preclude further remedial action.
Whenever there is a significant release from a site deleted from the
NPL, the deleted site may be restored to the NPL without application of
the hazard ranking system. Deletion of a site from the NPL does not
affect responsible party liability in the unlikely event that future
conditions warrant further actions.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous waste, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, and Water supply.

    Dated: September 4, 2018.
Alexandra Dapolito Dunn,
Regional Administrator, Region 1.

    For reasons set out in the preamble, 40 CFR part 300 is amended as
follows:

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN

0
1. The authority citation for part 300 continues to read as follows:

    Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626,
77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3
CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp.,
p. 193.

Appendix B to Part 300--[Amended]

0
2. Table 1 of appendix B to part 300 is amended by removing the listing
under Connecticut for ``Old Southington Landfill''.

[FR Doc. 2018-19874 Filed 9-11-18; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 25, 2008 (Volume 73, Number 123)]
[Notices]
[Page 36099-36100]
[DOCID:fr25jn08-109]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1768-DR]

Wisconsin; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Wisconsin (FEMA-1768-DR), dated June 14,
2008, and related determinations.

EFFECTIVE DATE: June 14, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated June 14, 2008, the President declared a major disaster under the
authority of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act), as follows:

    I have determined that the damage in certain areas of the State
of Wisconsin

resulting from severe storms, tornadoes, and flooding beginning on
June 5, 2008, and continuing, is of sufficient severity and
magnitude to warrant a major disaster declaration under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121-5206 (the Stafford Act). Therefore, I declare that such a major
disaster exists in the State of Wisconsin.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance in the
designated areas and Hazard Mitigation throughout the State, and any
other forms of assistance under the Stafford Act that you deem
appropriate. Consistent with the requirement that Federal assistance
be supplemental, any Federal funds provided under the Stafford Act
for Hazard Mitigation and Other Needs Assistance will be limited to
75 percent of the total eligible costs. Federal funds provided under
the Stafford Act for Public Assistance also will be limited to 75
percent of the total eligible costs, except for any particular
projects that are eligible for a higher Federal cost-sharing
percentage under the FEMA Public Assistance Pilot Program instituted
pursuant to 6 U.S.C. 777. If Public Assistance is later requested
and warranted, Federal funds provided under that program also will
be limited to 75 percent of the total eligible costs, except for any
particular projects that are eligible for a higher Federal cost-
sharing percentage under the FEMA Public Assistance Pilot Program
instituted pursuant to 6 U.S.C. 777.
    Further, you are authorized to make changes to this declaration
to the extent allowable under the Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Dolph A. Diemont, of FEMA is
appointed to act as the Federal Coordinating Officer for this declared
disaster.
    The following areas of the State of Wisconsin have been designated
as adversely affected by this declared major disaster:

    Crawford, Columbia, Sauk, Milwaukee, and Vernon Counties for
Individual Assistance.
    All counties within the State of Wisconsin are eligible to apply
for assistance under the Hazard Mitigation Grant Program.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidential Declared Disaster Areas; 97.049, Presidential Declared
Disaster Assistance--Disaster Housing Operations for Individuals and
Households; 97.050, Presidential Declared Disaster Assistance to
Individuals and Households--Other Needs; 97.036, Disaster Grants--
Public Assistance (Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
 [FR Doc. E8-14319 Filed 6-24-08; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register Volume 82, Number 60 (Thursday, March 30, 2017)]
[Rules and Regulations]
[Pages 15630-15632]
[FR Doc No: 2017-06261]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0023]
RIN 1625-AA-08

Safety Zone; Charleston Race Week, Charleston Harbor, Charleston,
SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone on the waters of
the Charleston Harbor in Charleston, SC during the Charleston Race Week

from April 20, 2017 through April 23, 2017. Charleston Race Week is a
series of sail boat races in the Charleston Harbor. The safety zone is
necessary to ensure the safety of participants, spectators, and the
general public during the event. This regulation prohibits persons and
vessels from entering, transiting through, anchoring in, or remaining
within the safety zones unless authorized by the Captain of the Port
Charleston or a designated representative.

DATES: This rule is effective from 9 a.m. to 5 p.m. from April 20, 2017
through April 23, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0023 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule
call or email Lieutenant Commander John Downing, Sector Charleston
Office of Waterways Management, Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because insufficient time remains to publish
an NPRM and to receive public comments, as the Charleston Race Week
event will occur before the rulemaking process would be completed.
Because of the dangers posed by the proximity of the races to the
navigable waters of the Charleston Harbor, the safety zone is necessary
to provide for the safety of event participants, spectators, and
vessels transiting the event area. For those reasons, it would be
impracticable and contrary to the public interest to publish an NPRM.
    For the reason discussed above, under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register.

III. Legal Authority and Need for Rule

    The legal basis for this rule is the Coast Guard's authority to
establish regulated safety zones and other limited access areas is 33
U.S.C. 1231. The purpose of the rule is to ensure the safety of the
event participants, the general public, vessels and the navigable
waters during Charleston Race Week.

IV. Discussion of the Rule

    This rule establishes a safety zone on the waters of the Charleston
Harbor in Charleston, South Carolina during Charleston Race Week. The
races are scheduled to take place from 9 a.m. to 5 p.m. on April 20,
2017 through April 23, 2017. Approximately 250 sailboats are
anticipated to participate in the races, and approximately 30 spectator
vessels are expected to attend the event. Persons and vessels desiring
to enter, transit through, anchor in, or remain within the safety zone
may contact the Captain of the Port Charleston by telephone at (843)
740-7050, or a designated representative via VHF radio on channel 16,
to request authorization. If authorization to enter, transit through,
anchor in, or remain within the safety zone is granted by the Captain
of the Port Charleston or a designated representative, all persons and
vessels receiving such authorization must comply with the instructions
of the Captain of the Port Charleston or a designated representative.
The Coast Guard will provide notice of the safety zone by Local Notice
to Mariners, Broadcast Notice to Mariners, and on-scene designated
representatives.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, the rule has not
been reviewed by the Office of Management and Budget. This rule is not
a significant regulatory action under section 3(f) of Executive Order
12866, Regulatory Planning and Review, as supplemented by Executive
Order 13563, Improving Regulation and Regulatory Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of Executive Order 12866 or under section 1 of Executive Order
13563. The Office of Management and Budget has not reviewed it under
those Orders.
    The economic impact of this rule is not significant for the
following reasons: (1) Although persons and vessels may not enter,
transit through, anchor in, or remain within the safety zone without
authorization from the Captain of the Port Charleston or a designated
representative, they may operate in the surrounding area during the
enforcement period; and (2) the Coast Guard will provide advance
notification of the safety zone to the local maritime community by
Local Notice to Mariners and Broadcast Notice to Mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on ``small entities'' comprised of small businesses and
not-for-profit organizations that are independently owned and operated
and are not dominant in their fields, and governmental jurisdictions
with populations of less than 50,000. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule would not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions

concerning its provisions or options for compliance, please contact the
person listed in the FOR FURTHER INFORMATION CONTACT section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a safety zone that will prohibit persons and vessels from
entering, transiting through, anchoring in, or remaining within a
limited area on the waters of the Charleston Harbor. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add a temporary Sec.  165.T07-0023 to read as follows:

Sec.  165.T07-0023  Safety Zone; Charleston Race Week, Charleston
Harbor, Charleston, SC.

    (a) Location. The rule consists of the following four race areas.
    (1) Race Area #1. All waters encompassed within a 700 yard radius
of position 32[deg]46'10'' N., 79[deg]55'15'' W.
    (2) Race Area #2. All waters encompassed within a 700 yard radius
of position 32[deg]46'02'' N., 79[deg]54'15'' W.
    (3) Race Area #3. All waters encompassed within a 700 yard radius
of position 32[deg]45'55'' N., 79[deg]53'39'' W.
    (4) Race Area #4. All waters encompassed within a 600 yard radius
of position 32[deg]47'50'' N., 79[deg]56'80'' W.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the regulated
areas.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port Charleston
or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, or
remain within the regulated area may contact the Captain of the Port
Charleston by telephone at<PHONE_NUMBER>, or a designated representative
via VHF radio on channel 16, to request authorization. If authorization
to enter, transit through, or remain within the regulated area is
granted by the Captain of the Port Charleston or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Charleston
or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Enforcement period. This rule will be enforced daily from 9
a.m. until 5 p.m. from April 20 through April 23, 2017.

    Dated: March 21, 2017.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2017-06261 Filed 3-29-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: April 21, 2010 (Volume 75, Number 76)]
[Notices]
[Page 20842-20843]
[DOCID:fr21ap10-60]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0196; FRL-8817-5]

Pirimicarb; Product Cancellation Order for Certain Pesticide
Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces EPA's order for the cancellation of
products containing the pesticide pirimicarb, pursuant to section 3 of
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as
amended. This cancellation order follows a February 21, 2004 expiration
of conditional registrations. Any distribution, sale, or use of the
products subject to this cancellation order is permitted only in
accordance with the terms of this order, including any existing stocks
provisions.

DATES: The cancellations are effective April 21, 2010.

FOR FURTHER INFORMATION CONTACT: Olga Odiott, Registration Division,
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703) 308-9369; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2010-0196. Publicly available
docket materials are available either in the electronic docket at
http://www.regulations.gov, or, if only available in hard copy, at the
Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington,
VA. The hours of operation of this Docket Facility are from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

II. What Action is the Agency Taking?

    This notice announces the expiration of products registered under
section 3 of FIFRA. This notice also serves as a cancellation order to
provide for existing stocks of affected products. These registrations
are listed in sequence by registration number in Table 1 of this unit.

               Table 1.--Pirimicarb Product Cancellations
------------------------------------------------------------------------
          EPA Registration Number                   Product Name
------------------------------------------------------------------------
100-1072                                    Pirimicarb Technical
------------------------------------------------------------------------
100-1073                                    Pirimidor 50-DF Insecticide
------------------------------------------------------------------------

    Table 2 of this unit includes the name and address of record for
the registrant of the products in Table 1 of this unit.

               Table 2.--Registrants of Cancelled Products
------------------------------------------------------------------------
            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
100                                         Syngenta Crop Protection
                                             Inc.
                                            P.O. Box 18300
                                            Greensboro, NC 27419-8300
------------------------------------------------------------------------

III. Cancellation Order

    Pursuant to FIFRA section 3, EPA hereby announces the expiration of
pirimicarb registrations identified in Table 1 of Unit II. The Agency
considers the expiration of a time limited registration to be a
cancellation under section 3 of FIFRA, for purposes of section 6(a)(1)
of FIFRA. Any distribution, sale, or use of existing stocks of the
cancelled products identified in Table 1 of Unit II in a manner
inconsistent with any of the Provisions for Disposition of Existing
Stocks set forth in Unit IV will be considered a violation of FIFRA.

IV. Provisions for Disposition of Existing Stocks

    1. The registrant may continue to sell or distribute existing
stocks of pirimicarb products identified in Table 1 of Unit II with
previously approved labeling until September 30, 2011.
     2. Persons other than the registrant may continue to sell or
distribute existing stocks of pirimicarb products identified in Table 1
of Unit II with previously approved labeling until such stocks are
exhausted.
    3. Persons other than the registrant may use existing stocks of
pirimicarb products identified in Table 1 of Unit II until existing
stocks are exhausted. Any existing stocks must be used in a manner
consistent with the previously approved labeling for that product.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: April 1, 2010.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs

[FR Doc. 2010-8931 Filed 4-20-10; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register Volume 78, Number 12 (Thursday, January 17, 2013)]
[Notices]
[Pages 3966-3967]
[FR Doc No: 2013-00707]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Notice of Applications for Modification of Special Permit

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

ACTION: List of Applications for Modification of Special Permits.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR part 107,
subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the applications described herein. This
notice is abbreviated to expedite docketing and public notice. Because
the sections affected, modes of transportation, and the nature of
application have been shown in earlier Federal Register publications,
they are not repeated here. Requests for modification of special
permits (e.g. to provide for additional hazardous materials, packaging
design changes, additional mode of transportation, etc.) are described
in footnotes to the application number. Application numbers with the
suffix ``M'' denote a modification request. These applications have
been separated from the new application for special permits to
facilitate processing.

DATES: Comments must be received on or before February 1, 2013.
    Address Comments to: Record Center, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation,
Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Copies of the applications are
available for inspection in the Records Center, East Building, PHH-30,
1200 New Jersey Avenue Southeast, Washington, DC or at http://regulations.gov.
    This notice of receipt of applications for modification of special
permit is published in accordance with Part 107 of the Federal
hazardous materials transportation law (49 U.S.C. 5117(b); 49 CFR
1.53(b)).

    Issued in Washington, DC, on January 8, 2013.
Donald Burger,
Chief, General Approvals and Permits.

----------------------------------------------------------------------------------------------------------------
                                                                      Regulation(s)         Nature of special
   Application No.          Docket No.             Applicant             affected            permits thereof
----------------------------------------------------------------------------------------------------------------
                                          MODIFICATION SPECIAL PERMITS
----------------------------------------------------------------------------------------------------------------
13112-M..............  ....................  Conax Florida         49 CFR 173.302a....  To modify the special
                                              Corporation St.                            permit to change a
                                              Petersburg, FL.                            drawing number; replace
                                                                                the fully assembled
                                                                                pressure vessel with a
                                                                                representative
                                                                                pyrotechnic primer;
                                                                                increase the required
                                                                                temperature per minute
                                                                                for gas relief; require
                                                                                a nominal operating
                                                                                pressure; reduce the
                                                                                testing frequency; and
                                                                                remove the flattening
                                                                                test.
13355-M..............  ....................  C L Smith Company     49 CFR 173.13(a),    To modify the special
                                              Saint Louis, MO.      173.13(b),           permit to authorize new
                                                                    173.13(c)(1)(ii),    packaging requirements
                                                                    173.13(c)(1)(iv),    for Division 6.1 PG II
                                                                    173.13(d).           and III materials.
15389-M..............  ....................  AMETEK Ameron LLC d/  49 CFR               To modify the special
                                              b/a MASS Systems      173.301(a)(1),       permit to authorize new
                                              Baldwin Park, CA.     173.301(a)(1),       pressure test
                                                                    173.302a(a)(1),      requirements.
                                                                    and 173.304a(a)(1).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2013-00707 Filed 1-16-13; 8:45 am]
BILLING CODE 4909-60-M


[Federal Register: August 18, 2010 (Volume 75, Number 159)]
[Notices]
[Page 51164]
[DOCID:fr18au10-186]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2010-35]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before September 7, 2010.

ADDRESSES: You may send comments identified by Docket Number FAA-2010-
0750 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for 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).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Laverne Brunache<PHONE_NUMBER> or
Tyneka Thomas<PHONE_NUMBER>, Office of Rulemaking, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on August 13, 2010.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2010-0750.
    Petitioner: Delta Air Lines, Inc.
    Section of 14 CFR Affected: 14 CFR 121.291(b).
    Description of Relief Sought: Delta Air Lines, Inc. requests relief
from a partial demonstration of emergency evacuation procedures as
addressed in 14 CFR 121.291(b) on newly configured MD-88 aircraft.

[FR Doc. 2010-20463 Filed 8-17-10; 8:45 am]
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[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Proposed Rules]
[Pages 59879-59880]
[FR Doc No: 2012-23976]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 272

[EPA-R10-RCRA-2011-0973; FRL-9706-9]

Idaho: Incorporation by Reference of Approved State Hazardous
Waste Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA proposes to codify in the regulations entitled
``Approved State Hazardous Waste Management Programs,'' Idaho's
authorized hazardous waste program. The EPA

proposes to revise the codification of Idaho's program to incorporate
by reference into the Code of Federal Regulations (CFR) those
provisions of the State rules and regulations that are authorized as of
June 11, 2012, and that the EPA will enforce under Subchapter C of the
Resource Conversation and Recovery Act (RCRA).

DATES: Send written comments by October 31, 2012.

ADDRESSES: Send written comments to Nina Kocourek, U.S. EPA, Region 10,
1200 Sixth Avenue, Suite 900, Mail Stop AWT-122, Seattle, WA 98101. You
may also submit comments electronically or through hand delivery/
courier; please follow the detailed instructions in the ADDRESSES
section of the direct final rule which is located in the Rules section
of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Nina Kocourek, U.S. EPA, Region 10,
1200 Sixth Avenue, Mail stop WCM-122, Seattle, WA 98101, Email:
<EMAIL_ADDRESS>phone number<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' section of
this Federal Register, the EPA is codifying and incorporating by
reference the State's hazardous waste program as a direct final rule.
The EPA believes this action is not controversial and does not expect
comments to oppose the codification. We have explained the reasons for
this codification and incorporation by reference in the preamble to the
direct final rule. Unless we get written comments which oppose this
incorporation by reference during the comment period, the direct final
rule will become effective on the effective date described in the
direct final rule and we will not take further action on this proposal.
If the EPA receives comments that oppose the codification, the EPA will
withdraw the direct final rule and it will not take effect. EPA 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. For additional
information, please see the direct final rule published in the ``Rules
and Regulations'' section of this Federal Register.

    Authority:  This action is issued under the authority of
Sections 2002(a), 3006 and 7004(b) of the Solid Waste and Disposal
Act, as amended, 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: July 24, 2012.
Dennis J. McLerran,
Regional Administrator, EPA Region 10.
[FR Doc. 2012-23976 Filed 9-28-12; 8:45 am]
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