[Federal Register: March 25, 2008 (Volume 73, Number 58)]
[Notices]
[Page 15814-15815]
[DOCID:fr25mr08-106]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57487; File No. SR-CBOE-2008-28]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposal
To Make Clean-Up Changes by Amending Certain Rules

March 13, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 10, 2008, the Chicago Board Options Exchange, Incorporated
(``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been substantially prepared by
the Exchange. The Exchange filed the proposal as a ``non-
controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder,\4\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CBOE proposes to make clean-up changes by deleting certain portions
of rules containing an obsolete term, replacing a reference to
``Nasdaq-100 Index Tracking Stock'' with ``PowerShares QQQ Trust,''
correcting mis-lettering, and making a spelling correction. The text of
the rule proposal is available on the Exchange's Web site (http://
www.cboe.org/legal), at the Exchange's Office of the Secretary and at
the Commission.

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

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

1. Purpose
    CBOE proposes to make clean-up changes by deleting certain portions
of rules containing an obsolete term, replacing a reference to
``Nasdaq-100 Index Tracking Stock'' with ``PowerShares QQQ Trust,''
correcting mis-lettering, and making a spelling correction. Deletion of
Obsolete Term--``Board Broker''.
    In 2005, the Exchange submitted a rule filing in which the Exchange
proposed, among other things, to delete rules or portions thereof
pertaining to Board Brokers.\5\ As explained in that filing, the
Exchange had not used Board Brokers for approximately 22 years, and did
not intend to use them in the future. Accordingly, the Exchange
proposed to delete several rules or portions thereof pertaining to
Board Brokers.
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    \5\ See Securities Exchange Act Release No. 52824 (November 22,
2005), 70 FR 72318 (December 2, 2005) (SR-CBOE-2005-69). In this
filing, the Exchange explained that a Board Broker is an individual
member, a nominee of a member organization or a member organization
who or which is registered with the Exchange for the purposes of (i)
acting as a ``broker's broker'' for specified classes of options, at
the post at which such classes of options are traded, by accepting
and attempting to execute orders placed with him by other members,
and (ii) monitoring the market for such classes of options at the
post.
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    In the 2005 filing, the Exchange inadvertently omitted Rules 3.1,
6.6, 6.73, 7.6 and 8.7, which still contain references to Board
Brokers. In this filing, the Exchange proposes to delete portions of
the aforementioned rules that contain references to Board Brokers for
the reasons stated in the 2005 filing. Also, the Exchange proposes to
make a spelling correction to Interpretation and Policy .01 to Rule
6.6.
Amend Rule 6.1.03 To Reflect Updated Exchange Traded Fund Name
    In connection with the March 21, 2007 transfer of sponsorship of
the Nasdaq-100 Trust, the name of the trust was changed from the
``Nasdaq-100 Index Tracking Stock'' to the ``PowerShares QQQ Trust''
(``QQQQ''). The Exchange proposes to amend Interpretation and Policy
.03 to Rule 6.1 to reflect the updated name of the QQQQ.
Correct Mis-Lettering of Rule 4.11.02
    The Exchange proposes to correct the mis-lettering of
Interpretation and Policy .02 to Rule 4.11, which currently goes from c
to e.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements provided under Section 6(b)(5) of the Act,\6\
that the rules of an exchange be designed to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts and,
in general, to protect investors and the public interest.
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    \6\ 15 U.S.C. 78(f)(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE 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.

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

    The Exchange neither solicited nor received comments on the
proposal.

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

    The proposed rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \7\ and Rule 19b-4(f)(6) thereunder,\8\ because
the foregoing rule does not (i) Significantly affect the protection of
investors or the public interest; (ii) impose any significant burden on
competition; and (iii) become operative for 30 days from the date on
which it was filed, or such shorter time as the Commission may
designate if consistent with the protection of investors and the public
interest.
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative prior to 30 days after

the date of filing.\9\ However, Rule 19b-4(f)(6)(iii) permits the
Commission to designate a shorter time if such action is consistent
with the protections of investors and the public interest.\10\ The
Exchange has requested that the Commission waive the 30-day operative
date, so that the Exchange's rules may be updated as soon as possible
to reflect the clean-up changes proposed in this filing. The Commission
believes that the proposed rule change does not raise any new
regulatory issues. For this reason, the Commission designates the
proposal to be operative upon filing with the Commission.\11\
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    \9\ Id.
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ For purposes of waiving the operative date of this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition and capital formation. 15 U.S.C. 78c(f).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2008-28 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2008-28. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filing also
will be available for inspection and copying at the principal office of
the CBOE. 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-
CBOE-2008-28 and should be submitted on or before April 15, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-5918 Filed 3-24-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Proposed Rules]
[Pages 13247-13249]
[FR Doc No: 2021-04010]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0047; Airspace Docket No. 20-AWP-31]
RIN 2120-AA66

Proposed Establishment of Class E Airspace; Shafter, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E airspace extending
upward from 700 feet above the surface at Shafter-Minter Field Airport,
Shafter, CA. This action would ensure the safety and management of
instrument flight rules (IFR) operations at the airport.

DATES: Comments must be received on or before April 22, 2021.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
1-800-647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2021-0047; Airspace Docket No. 20-AWP-31, at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov.
    FAA Order 7400.11E, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at https://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:<PHONE_NUMBER>. The Order is also available for inspection
at the National Archives and Records Administration (NARA). For
information on the availability of FAA Order 7400.11E at NARA, email
<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Matthew Van Der Wal, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S. 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for this Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority,
as it would establish Class E airspace at Shafter-Minter Field Airport,
to support IFR operations at the airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Persons wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2021-0047;
Airspace Docket No. 20-AWP-31''. The postcard will be date/time stamped
and returned to the commenter. All communications received before the
specified closing date for comments will be considered before taking
action on the proposed rule. The proposal contained in this notice may
be changed in light of the comments received. A report summarizing each
substantive public contact with FAA personnel concerned with this
rulemaking will be filed in the docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/. You may
review the public docket containing the proposal, any comments
received, and any final disposition in person in the Dockets Office
(see the ``ADDRESSES'' section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 2200 S. 216th Street, Des Moines, WA
98198.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11E, Airspace
Designations and Reporting Points, dated July 21, 2020, and effective
September 15, 2020. FAA Order 7400.11E is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11E lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 by establishing
Class E airspace, extending upward from 700 feet above the surface, at
Shafter-Minter Field Airport, Shafter, CA. This airspace is designed to
contain IFR departures until reaching 1,200 feet above the surface, and
IFR arrivals descending below 1,500 feet above the surface.
    Class E5 airspace designations are published in paragraph 6005 of
FAA Order 7400.11E, dated July 21, 2020, and effective September 15,
2020, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

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

Environmental Review

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

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

* * * * *

AWP CA E5 Shafter, CA [New]

Shafter-Minter Field Airport, CA
    (Lat. 35[deg]30'27'' N, long. 119[deg]11'32'' W)

    That airspace extending upward from 700 feet above the surface
within a 4-mile radius of the airport, and within 3.4 miles each
side of the 091[deg] bearing from the airport, extending from the 4-
mile radius to 14.2 miles east of the airport, and within 2.9 miles
each side of the 290[deg] bearing from the airport, extending from
the 4-mile radius to 6.5 miles west of the airport.

    Issued in Seattle, Washington, on February 22, 2021.
B.G. Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2021-04010 Filed 3-5-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: August 31, 2006 (Volume 71, Number 169)]
[Rules and Regulations]
[Page 51766-51767]
[DOCID:fr31au06-15]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2006-0464; FRL-8210-2]

Revisions to the Nevada State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing approval of revisions to the Nevada State
Implementation Plan (SIP). These revisions were proposed in the Federal
Register on June 9, 2006, and include the air pollution sections of the
Nevada Revised Statutes (NRS). We are approving these statutes in order
to regulate emission sources under the Clean Air Act as amended in 1990
(CAA or the Act).

DATES: Effective Date: This rule is effective on October 2, 2006.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2006-0464 for
this action. The index to the docket is available electronically at
http://regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne

Street, San Francisco, California. While all documents in the docket
are listed in the index, some information may be publicly available
only at the hard copy location (e.g., copyrighted material), and some
may not be publicly available in either location (e.g., CBI). To
inspect the hard copy materials, please schedule an appointment during
normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Julie A. Rose, EPA Region IX, (415)
947-4126<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

I. Proposed Action

    On June 9, 2006, (71 FR 33413), EPA proposed to approve into the
Nevada SIP those statutes that are listed in the table below. These
statutes were submitted on January 12, 2006 and March 24, 2006.

                     Statutes Submitted for Approval
------------------------------------------------------------------------
  Nevada revised statutes  (NRS)            Title         Submittal date
------------------------------------------------------------------------
445B.105..........................  Definitions.........        01/12/06
445B.110..........................  Air contaminant.....        01/12/06
445B.115..........................  Air pollution.......        01/12/06
445B.120..........................  Commission..........        01/12/06
445B.125..........................  Department..........        01/12/06
445B.130..........................  Director............        01/12/06
445B.135..........................  Federal Act.........        01/12/06
445B.140..........................  Hazardous air               01/12/06
                                     pollutant.
445B.145..........................  Operating permit....        01/12/06
445B.150..........................  Person..............        01/12/06
0.039.............................  Person..............        03/24/06
445B.155..........................  Source and indirect         01/12/06
                                     source.
445B.210..........................  Powers of Commission        01/12/06
445B.220..........................  Additional powers of        01/12/06
                                     Commission.
445B.225..........................  Power of Commission         01/12/06
                                     to require testing
                                     of sources.
445B.235..........................  Additional powers of        01/12/06
                                     Department.
445B.245..........................  Power of Department         01/12/06
                                     to perform or
                                     require test of
                                     emissions from
                                     stacks.
445B.275..........................  Creation; members;          01/12/06
                                     terms.
445B.280..........................  Attendance of               01/12/06
                                     witnesses at
                                     hearing; contempt;
                                     compensation.
445B.300..........................  Operating permit for        01/12/06
                                     source of air
                                     contaminant; notice
                                     and approval of
                                     proposed
                                     construction;
                                     administrative
                                     fees; failure of
                                     Commission or
                                     Department to act.
445B.320..........................  Approval of plans           01/12/06
                                     and specifications
                                     required before
                                     construction or
                                     alteration of
                                     structure.
445B.500..........................  Establishment and           01/12/06
                                     administration of
                                     program; contents
                                     of program;
                                     designation of air
                                     pollution control
                                     agency of county
                                     for purposes of
                                     federal act; powers
                                     and duties of local
                                     air pollution
                                     control board;
                                     notice of public
                                     hearings;
                                     delegation of
                                     authority to
                                     determine
                                     violations and levy
                                     administrative
                                     penalties; cities
                                     and smaller
                                     counties;
                                     regulation of
                                     certain electric
                                     plants prohibited.
445B.510..........................  Commission may              01/12/06
                                     require program for
                                     designated area.
445B.520..........................  Commission may              01/12/06
                                     establish or
                                     supersede county
                                     program.
445B.530..........................  Commission may              01/12/06
                                     assume jurisdiction
                                     over specific
                                     classes of air
                                     contaminants.
445B.540..........................  Restoration of              01/12/06
                                     superseded local
                                     program;
                                     continuation of
                                     existing local
                                     program.
445B.560..........................  Plan or procedure           01/12/06
                                     for emergency.
445B.595..........................  Governmental sources        01/12/06
                                     of air contaminants
                                     to comply with
                                     state and local
                                     provisions
                                     regarding air
                                     pollution; permit
                                     to set fire for
                                     training purposes;
                                     planning and zoning
                                     agencies to
                                     consider effects on
                                     quality of air.
------------------------------------------------------------------------

    We proposed to approve these statutes because we determined that
they complied with the relevant CAA requirements. Our proposed action
contains more information on the statutes and our evaluation.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period. We
did not receive any comments on the proposed action.

III. EPA Action

    No comments were submitted that change our assessment that the
submitted statutes comply with the relevant CAA requirements.
Therefore, as authorized in section 110(k)(3) of the

Act, EPA is fully approving these statutes into the Nevada SIP.\1\
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    \1\ Final approval of the submitted statutes supersedes the
following statutes in the applicable SIP (superseding statute or
statutes are shown in parentheses): NRS 445.406 (NRS 445B.105); NRS
445.411 (NRS 445B.110); NRS 445.416 (NRS 445B.115); NRS 445.421 (NRS
445B.120); NRS 445.424 (NRS 445B.125); NRS 445.427 (NRS 445B.130);
NRS 445.431 (NRS 445B.135); NRS 445.441 (NRS 445B.150 and NRS
0.039); NRS 445.446 (NRS 445B.155); NRS 445.461 (NRS 445B.210); NRS
445.471 (NRS 445B.220); NRS 445.472 (NRS 445B.225); NRS 445.474 (NRS
445B.235); NRS 445.477 (NRS 445B.245); NRS 445.481 (NRS 445B.275);
NRS 445.486 (NRS 445B.280); NRS 445.491 (NRS 445B.300); NRS 445.496
(NRS 445B.320); NRS 445.546 (NRS 445B.500); NRS 445.551 (NRS
445B.510); NRS 445.556 (NRS 445B.520); NRS 445.561 (NRS 445B.530);
NRS 445.566 (NRS 445B.540); NRS 445.571 (NRS 445B.560); and NRS
445.586 (NRS 445B.595). NRS 445B.140 (``Hazardous air pollutant'')
and NRS 445B.145 (``Operating permit'') are new to the SIP.
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IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves state law
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission; to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 30, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.

    Dated: August 2, 2006.
Wayne Nastri,
Regional Administrator, Region IX.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

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

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

Subpart DD--Nevada

0
2. Section 52.1470 is amended by adding paragraphs (c)(56)(i)(A)(4) and
(c)(59) to read as follows:

Sec.  52.1470  Identification of plan.

* * * * *
    (c) * * *
    (56) * * *
    (i) * * *
    (A) * * *
    (4) Title 40, Chapter 445B of Nevada Revised Statutes (2003):
Sections 445B.105, 445B.110, 445B.115, 445B.120, 445B.125, 445B.130,
445B.135, 445B.140, 445B.145, 445B.150, 445B.155, 445B.210, 445B.220,
445B.225, 445B.235, 445B.245, 445B.275, 445B.280, 445B.300, 445B.320,
445B.500, 445B.510, 445B.520, 445B.530, 445B.540, 445B.560, and
445B.595.
* * * * *
    (59) The following statute was submitted on March 24, 2006, by the
Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) Title 0, Preliminary Chapter-General Provisions, of Nevada
Revised Statutes: Section 0.039, effective April 29, 1985.

[FR Doc. 06-7316 Filed 8-30-06; 8:45 am]

BILLING CODE 6560-50-P


21669 Federal Register / Vol. 67, No. 84 / Wednesday, May 1, 2002 / Notices Subpart B Criteria is approximately 11,000 hours per year, with a current annual cost of $ 393,000. The current estimated number of respondents is 164 with a current average annual burden of approximately 67 hours per respondent. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

Dated: April 23, 2002. Matthew Hale, Acting Office Director, Office of Solid Waste. [ FR Doc. 02   10734 Filed 4   30   02; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ OPP   2002   0023; FRL   6834   4]

Dimethoate Product Cancellation Order and Label Amendment; Technical Correction AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice; technical correction.

SUMMARY: EPA issued a cancellation order in the Federal Register of March 13, 2002 eliminating the residential uses for Dimethoate. This document is being issued to correct the existing stocks provisions of this cancellation order. DATES: The cancellations became effective March 13, 2002. FOR FURTHER INFORMATION CONTACT: By mail: Patrick Dobak, Special Review and Reregistration Division ( 7508C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 703   308   8180; email address: dobak. pat@ epa. gov. SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me? The Agency included in the cancellation order a list of those who may be potentially affected by this action. If you have questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

II. How Can I Get Additional Information, Including Copies of this Document and Other Related Documents?

1. Electronically. You may obtain electronic copies of this document, and certain other related documents that might be available electronically, from the EPA Internet Home Page at http:// www. epa. gov. To access this document, go to the Federal Register listings at http:// www. epa. gov/ fedrgstr. 2. In person. The Agency has established an official record for this action under docket control number OPP   2002   0023. The official record consists of the documents specifically referenced in this action, any public comments received during an applicable comment period, and other information related to this action, including any information claimed as Confidential Business Information ( CBI). This official record includes the documents that are physically located in the docket, as well as the documents that are referenced in those documents. The public version of the official record does not include any information claimed as CBI. The public version of the official record, which includes printed, paper versions of any electronic comments submitted during an applicable comment period, is available for inspection in the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The PIRIB telephone number is ( 703) 305   5805.

III. What Does this Technical Correction Do?

The cancellation order for uses of pesticide products containing Dimethoate on various commodities was published in the Federal Register on March 13, 2002 ( 67 FR 11330) ( FRL   6828   1). The existing stocks language in Unit IV is not consistent with the proposed existing stocks provisions included in the January 10, 2002 proposed Cancellation Order. The following Unit IV replaces Unit IV of the Cancellation Order published on March 13, 2002. The replacement language is consistent with the language in the January 10, 2002 proposed cancellation order. No comments were received by the Agency. The revised existing stocks provisions are as follows: IV. Existing Stocks Provisions 1. Distribution or sale of products by the registrant bearing instructions for use on houseflies and non agricultural use sites. The distribution or sale of existing stocks by the registrant of any product listed in Table 1 or 2 that bears instructions for any use identified in List 1, will not be lawful under FIFRA 1 year after the effective date of the cancellation order, except for the purposes of shipping such stocks for export consistent with section 17 of FIFRA or for proper disposal. 2. Distribution, sale, or use of products by persons other than the registrant bearing instructions for use on houseflies and non agricultural use sites. Persons other than the registrant may continue to sell or distribute the existing stocks of any product listed in Table 1 or 2 that bears instructions for any of the uses identified in List 1 after the effective date of the cancellation order and may continue until such stocks are exhausted. The use of existing stocks by persons other than the registrant of any product listed in Table 1 or 2 that bears instructions for any uses identified in List 1 may continue until such stocks are exhausted.

List of Subjects Environmental protection, Pesticides, Use cancellation order.

Dated: April 23, 2002. Lois A. Rossi, Director, Special Review and Reregistration Division. [ FR Doc. 02   10735 Filed 4   30   02; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPP   2002   0020; FRL   6834   3]

Pesticide Product; Registration Application; Extension of Comment Period AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces an extension of the comment period regarding receipt of an application to register a pesticide product containing a new active ingredient not included in any previously registered products pursuant to the provisions of section 3( c)( 4) of the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA), as amended. DATES: Written comments, identified by the docket control number OPP   VerDate 11< MAY> 2000 23: 17 Apr 30, 2002 Jkt 197001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 01MYN1. SGM pfrm01 PsN: 01MYN1


1. Certifies that the information provided with regard to the applicant firm's social and economic disadvantaged status is true, accurate, and complete to the best of his/ her knowledge and belief.

2. Certifies that the information provided with regard to the applicant firm's ownership and control status is true, accurate, and complete to the best of his/ her knowledge and belief.

3. Certifies that the information provided with regard to his/ her individual disadvantaged status is true, accurate, and complete to the best of his/ her knowledge and belief.

4. Certifies that the information provided, including that shown on documents accompanying this application, is true, accurate, and complete to the best of his/ her knowledge and belief.

5. Acknowledges that EPA, at its discretion, may give the information submitted to Federal, state, and local agencies to determine violations of law.

6. Acknowledges that EPA's approval of an application does not affect the Government's right to pursue criminal prosecution for incorrect or incomplete information given on the application form, even if correct information has been included in other materials submitted to EPA.

Name SSN Date ________________________ _______________________ ______________________

________________________ _______________________ ______________________

________________________ _______________________ ______________________

________________________ _______________________ ______________________

The public reporting and recordkeeping burden for this collection of information is estimated to average three ( 3) hours. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. OA 2002 0001, which is available for public viewing at the OEI Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays.

EPA DBE Certification Application ( EPA Form 6100 1f) ( Tribally Owned Businesses) 6 The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the OEI Docket is ( 202) 566 1752). An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " search," then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. ( OA 2002 0001) in any correspondence.

EPA DBE Certification Application ( EPA Form 6100 1f) ( Tribally Owned Businesses) 7 OMB Control No: ______ Approved: ______ Approval Expires: ______

Environmental Protection Agency EPA DBE Certification Application For a Minority Business Enterprise ( MBE)/ Women owned Business Enterprise ( WBE) Under EPA's Disadvantaged Business Enterprise ( DBE) Program For Private and Voluntary Organizations Controlled by Individuals who are Socially and Economically Disadvantaged Name of Organization:_____________________________________________________________________

Applicant concern is: Corporation Limited Liability Company Partnership Name of President/ Managing Member/ Managing Partner_______________________________________

EIN: _________________________ E mail Address: ____________________________________________

Business Address:_____________________________________________ County:_____________________

City:_________________________________ State:_______________ Zip Code:______________________

Phone Number:__________________________ Fax Number:_____________________________________

Mailing Address ( if different than above):_________________________ County:____________

City:_________________________________ State:_______________ Zip Code:______________________

What is the firm's ( 4 digit) primary standard industrial classification code? _______________________

Is the firm certified by the Small Business Administration under its 8( a) Business Development Program? ___ Yes ___ No. If yes, provide Pro Net number_____________________________________________

Is the firm certified by the Small Business Administration under its Small Disadvantaged Business ( SDB) Program? ___ Yes ___ No. If yes, provide Pro Net number_____________________________________

Is the firm certified as a DBE by a Department of Transportation recipient? ___ Yes ___ No. If yes, provide State( s) and ID number( s) ___________________________________________________

EPA DBE Certification Application ( EPA Form 6100 1g) ( Private and Voluntary Organizations Controlled by Individuals who are Socially and Economically Disadvantaged) Is the firm certified by a State government, local government, Indian tribal government, or independent private organization? ___ Yes ___ No. If yes, provide ID number and a contact point at the certifying entity ____________________________________________________

Has your firm ever been denied certification by a Federal agency, State government, local government, Indian tribal government, or independent private organization? ___ Yes ___ No. If yes, provide explanation/ documentation:________________________________________________________________

Does the firm have any other certification as a disadvantaged business entity, i. e., MBE, DBE, WBE, etc? ___ Yes ___ No. If yes, provide the State( s) and ID number( s)__________________________________

In accordance with 13 CFR § 124.103, designated group members are presumed to be socially disadvantaged. Designated group members are individuals who hold themselves out to be and are identified by others as Black Americans, Native Americans ( American Indians, Eskimos, Aleuts, or Native Hawaiians), Hispanic Americans, Subcontinent Asian Americans, Asian Pacific Americans, and any other groups designated by the Small Business Administration ( SBA). If an individual is claiming to be a member of a designated group, complete Section A of this application. If an individual is not claiming to be a member of a designated group, complete Section B of this application. All applicants must complete Sections C, D, and E of this application.

EPA DBE Certification Application ( EPA Form 6100 1g) ( Private and Voluntary Organizations Controlled by Individuals who are Socially and Economically Disadvantaged) 2 SECTION A Eligibility Statement  Designated Group Members Social Disadvantage 1. List all individuals claiming disadvantaged status:

Name of Individual Other last U. S. Citizen Place of Group Sex Names Used Y/ N Birth Membership M/ F ___________________ ___________ ________ ___________ _______ _____

___________________ ___________ ________ ___________ _______ _____

___________________ ___________ ________ ___________ _______ _____

___________________ ___________ ________ ___________ _______ _____

SECTION B Eligibility Statement  Non Designated Group Members 1. List all individuals claiming disadvantaged status:

Name of Individual U. S. Citizen Race Sex Y/ N M/ F _______________________________ ________ ________ _____

_______________________________ ________ ________ _____

_______________________________ ________ ________ _____

For this section, any individual claiming social disadvantage must provide a separate response for questions 3 and 4.

Social Disadvantage 2. I, ____________________________________ have personally suffered social disadvantage based on my identification as __________________________________. ( A claim of social disadvantage must include at least one objective feature that has contributed to social disadvantage, such as race, ethnic origin, gender, physical handicap, long term residence in an environment isolated from the mainstream of American society, or other similar causes not common to individuals who are not socially disadvantaged.)

3. Document how your ability to compete in the free enterprise system has been impaired by such things as inability to obtain adequate bonding, credit or financing; inability to obtain licenses or leases; restriction of your market to certain racial, ethnic, or social groups; underemployment or unemployment, etc., as compared to others in the same or similar line of business who are not socially disadvantaged. Mark as Attachment B 1.

4. Attach a narrative describing how you personally experienced social disadvantage in American society. When writing your narrative, be as specific and detailed as possible. Where EPA DBE Certification Application ( EPA Form 6100 1g) ( Private and Voluntary Organizations Controlled by Individuals who are Socially and Economically Disadvantaged) 3 applicable, each statement of alleged discrimination should be supported by documented evidence such as affidavits, denials of loan applications, denials of employment opportunities ( including non selection for particular jobs, denials of promotions, or unequal work environment or treatment), and documents to support any formal action taken by you because of alleged discrimination. You must demonstrate how your identification, as described in the paragraph above, has negatively impacted your entry into or advancement in business. You must address disadvantage in education, employment, and business history, where applicable. Examples of discrimination include, but are not limited to: unequal access to colleges or professional schools; exclusion from professional or business associations; being denied educational honors or recognition; experiencing discriminatory social pressure which discouraged you from pursuing a professional or higher education or forced you into non professional or non business fields; discrimination in employment opportunities or pay and fringe benefits; unequal access to business credit or capital; and discrimination in the awarding, bidding process, or negotiating of government or private sector contracts. Mark as Attachment B 2.

SECTION C ( All applicant firms must complete)

Economic Disadvantage 1. Is the net worth of all individual( s) claiming disadvantaged status less than $ 750,000, excluding ownership interest in the applicant firm and equity in the individual( s) primary residence? ____ Yes No ____.

2. For individual( s) claiming disadvantaged status, list your personal net worth, excluding the ownership interest in the applicant firm and the equity in the individual( s) primary residence.

Name Average 2 year Personal Total Income Net Worth Assets ________________________________ ______________ __________ __________

________________________________ ______________ __________ __________

________________________________ ______________ __________ __________

________________________________ ______________ __________ __________

3. Each individual listed in number 2 above certifies that, because of racial and/ or ethnic prejudice, and/ or cultural bias, his/ her ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same or similar line of business that are not socially disadvantaged.

EPA DBE Certification Application ( EPA Form 6100 1g) ( Private and Voluntary Organizations Controlled by Individuals who are Socially and Economically Disadvantaged) 4 SECTION D ( All applicant firms must complete)

Ownership Corporation:

1. If more than one class of stock, provide information for each class: Voting Non Total Voting a) Total number of shares authorized: _____ ______ _____ b) Total number of shares currently outstanding: _____ ______ _____

Limited Liability Company:

2. If more than one class membership interest, provide information for each class: Voting Non Total Voting a) Total number of memberships authorized: _____ ______ _____ b) Total number of memberships currently outstanding: _____ ______ _____

Partnership:

3. Provide the name, title, and percentage of ownership for each partner of the firm. Does the partnership agreement reflect the ownership of each partner? ___ Yes ___ No.

Name Title Ownership Percentage ___________________________ ____________________ ____________________

___________________________ ____________________ ____________________

___________________________ ____________________ ____________________

Questions 4 through 8 are for Corporations & LLCs ONLY:

4. List all entities, individuals, and/ or trusts which have an ownership interest in the applicant firm.

Name Title Ownership % Voting NonVoting Total ___________________________ ____________________ ______ _________ _____

___________________________ ____________________ ______ _________ _____

___________________________ ____________________ ______ _________ _____

5. Does the private or voluntary organization or its wholly owned subsidiary receive at least 51% of the annual distributions of dividends paid on the stock of a corporate applicant firm? ___ Yes ___ No. If no, please explain as Attachment D 1.

EPA DBE Certification Application ( EPA Form 6100 1g) ( Private and Voluntary Organizations Controlled by Individuals who are Socially and Economically Disadvantaged) 5 6. Will the private or voluntary organization or its wholly owned subsidiary receive 100% of the unencumbered value of each share of stock owned in the event that the stock is sold? ___ Yes ____ No. If no, please explain as Attachment D 2.

7. If the private or voluntary organization dissolves, will the private or voluntary organization or its wholly owned subsidiary receive at least 51% of the retained earnings and 100% of the unencumbered value of each share of stock owned? ___ Yes ___ No. If no, please explain as Attachment D 3.

8. Is ownership by the private or voluntary organization or its wholly owned subsidiary subject to conditions precedent, conditions subsequent, executory agreements, voting trusts, shareholder agreements, or other similar arrangements which may impact the unconditional ownership of the private or voluntary organization? ___ Yes ___ No. If yes, explain as Attachment D 4.

Corporations, LLCs & Partnerships:

9. Have there been any changes in ownership in the last year? ___ Yes ___ No. If yes, did ownership affect the disadvantaged status of your firm? Please explain as Attachment D 5.

SECTION E ( All applicant firms must complete)

Control Corporations Only:

1. The private or voluntary organization controls the board of directors by virtue of the fact that: ( select only one below)

___ a) The private or voluntary organization owns at least 100% of all the voting stock of the applicant concern.

___ b) The private or voluntary organization owns at least 51% of all voting stock, is on the Board of Directors, and no super majority voting requirements exist for shareholders to approve corporate actions.

___ c) The private or voluntary organization owns at least 51% of all voting stock, is on the Board of Directors, and owns at least the percentage of voting stock needed to overcome the super majority voting requirements which exist for shareholders to approve corporate actions.

___ d) The private or voluntary organization controls the Board of Directors through actual numbers of voting directors.

___ e) The private or voluntary organization controls the Board of Directors through weighted voting and such voting is permitted by applicable state law.

EPA DBE Certification Application ( EPA Form 6100 1g) ( Private and Voluntary Organizations Controlled by Individuals who are Socially and Economically Disadvantaged) 6 Partnerships Only:

2. Are partnership decisions determined by general partners? If no, explain as Attachment E 1.

Corporations, LLCs & Partnerships:

3. List the titles of all officers, directors, management members, partners and key managers and the hours devoted, by such individual( s) to the management of the applicant firm.

Name Title Hours ____________________________ _______________________________ __________

____________________________ _______________________________ __________

____________________________ _______________________________ __________

____________________________ _______________________________ __________

4. Are the CEO, President, Managing Member, Managing Partner, members of the management team, business committee members, officers or directors engaged in or plan to engage in outside employment? ___ Yes ___ No. If yes, provide details as to the extent of outside employment or other business dealings to include daily hours of employment, location and explanation as to how this outside employment does not conflict with the ability to manage and control the daily operations of the application concern. Provide as Attachment E 2.

5. List the names of all individuals who have access to the firm's bank account.

Name Title _______________________________ _______________________________

_______________________________ _______________________________

_______________________________ _______________________________

_______________________________ _______________________________

6. Are the management and daily business operations of the concern controlled by the private or voluntary organization through one or more disadvantaged individual members who possess sufficient management experience of an extent and complexity to run the concern? ___ Yes ___ No. If yes, provide documentation to verify management competency as Attachment E 3.

EPA DBE Certification Application ( EPA Form 6100 1g) ( Private and Voluntary Organizations Controlled by Individuals who are Socially and Economically Disadvantaged) 7 Each person signing below:

1. Certifies that the information provided with regard to my social and economic disadvantaged status is true, accurate, and complete to the best of my knowledge and belief.

2. Certifies that the information provided with regard to my ownership and control status is true, accurate, and complete to the best of my knowledge and belief.

3. Certifies that the information provided with regard to my individual disadvantaged status is true, accurate, and complete to the best of my knowledge and belief.

4. Certifies that the information provided, including that shown on documents accompanying this application, is true, accurate and complete to the best of my knowledge and belief.

5. Acknowledges that EPA, at its discretion, may give the information submitted to Federal, state, and local agencies for determining violations of law.

6. Acknowledges that EPA's approval of an application does not affect the Government's right to pursue criminal prosecution for incorrect or incomplete information given on the application form, even if correct information has been included in other materials submitted to EPA.

Name SSN Date ________________________ _______________________ ______________________

________________________ _______________________ ______________________

________________________ _______________________ ______________________

________________________ _______________________ ______________________

The public reporting and recordkeeping burden for this collection of information is estimated to average three ( 3) hours. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. OA 2002 0001, which is available for public viewing at the OEI Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the OEI Docket is ( 202) 566 1752). An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at EPA DBE Certification Application ( EPA Form 6100 1g) ( Private and Voluntary Organizations Controlled by Individuals who are Socially and Economically Disadvantaged) 8 http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " search," then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. ( OA 2002 0001) in any correspondence.

EPA DBE Certification Application ( EPA Form 6100 1g) ( Private and Voluntary Organizations Controlled by Individuals who are Socially and Economically Disadvantaged) 9 Disadvantaged Business Enterprise Program DBE Subcontractor Participation Form Environmental Protection Agency OMB Control No: ________ Approved: ________ Approval Expires: ________

1Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance.

EPA FORM 6100 2 ( DBE Subcontractor Participation Form) NAME OF SUBCONTRACTOR1 PROJECT NAME ADDRESS CONTRACT NO.

TELEPHONE NO. E MAIL ADDRESS PRIME CONTRACTOR NAME Please use the space below to report any concerns regarding the above EPA funded project ( e. g., reason for termination by prime contractor, late payment, etc.). __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________

CONTRACT ITEM NO. ITEM OF WORK OR DESCRIPTION OF SERVICES RECEIVED FROM THE PRIME CONTRACTOR AMOUNT SUBCONTRACTOR WAS PAID BY PRIME CONTRACTOR _________________________________ ______________________________________ Subcontractor Signature Title/ Date Disadvantaged Business Enterprise Program DBE Subcontractor Participation Form Environmental Protection Agency OMB Control No: ________ Approved: ________ Approval Expires: ________

EPA FORM 6100 2 ( DBE Subcontractor Participation Form) The public reporting and recordkeeping burden for this collection of information is estimated to average fifteen ( 15) minutes. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. OA 2002 0001 , which is available for public viewing at the OEI Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the OEI Docket is ( 202) 566 1752). An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " search," then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. ( OA 2002 0001) in any correspondence. Disadvantaged Business Enterprise Program DBE Subcontractor Performance Form Environmental Protection Agency OMB Control No: _________ Approved: _________ Approval Expires: _________

1Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance.

EPA FORM 6100 3 ( DBE Subcontractor Performance Form) NAME OF SUBCONTRACTOR1 PROJECT NAME ADDRESS BID/ PROPOSAL NO.

TELEPHONE NO. E MAIL ADDRESS PRIME CONTRACTOR NAME CONTRACT ITEM NO. ITEM OF WORK OR DESCRIPTION OF SERVICES BID TO PRIME PRICE OF WORK SUBMITTED TO PRIME CONTRACTOR Currently certified as an MBE or WBE under EPA's DBE Program? ______ Yes ______ No Signature of Prime Contractor Date Print Name Title ___________________________________________ __________________________________________

Signature of Subcontractor Date ___________________________________________ __________________________________________ Print Name Title Disadvantaged Business Enterprise Program DBE Subcontractor Performance Form Environmental Protection Agency OMB Control No: _________ Approved: _________ Approval Expires: _________

EPA FORM 6100 3 ( DBE Subcontractor Performance Form) The public reporting and recordkeeping burden for this collection of information is estimated to average fifteen ( 15) minutes. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. OA 2002 0001 , which is available for public viewing at the OEI Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the OEI Docket is ( 202) 566 1752). An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " search," then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. ( OA 2002 0001) in any correspondence. Disadvantaged Business Enterprise Program DBE Subcontractor Utilization Form OMB Control No: _________ Approved: _________ Approval Expires: _________

Environmental Protection Agency 1Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance.

EPA FORM 6100 4 ( DBE Subcontractor Utilization Form) BID/ PROPOSAL NO. PROJECT NAME NAME OF PRIME BIDDER/ PROPOSER E MAIL ADDRESS ADDRESS TELEPHONE NO. FAX NO.

The following subcontractors1 will be used on this project:

COMPANY NAME, ADDRESS, PHONE NUMBER, AND E MAIL ADDRESS TYPE OF WORK TO BE PERFORMED ESTIMATED DOLLAR AMOUNT CURRENTLY CERTIFIED AS AN MBE OR WBE?

I certify under penalty of perjury that the forgoing statements are true and correct. In the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CFR Part 33 Section 33.302( c).

Signature Of Prime Contractor Date Print Name Title Disadvantaged Business Enterprise Program DBE Subcontractor Utilization Form OMB Control No: _________ Approved: _________ Approval Expires: _________

Environmental Protection Agency EPA FORM 6100 4 ( DBE Subcontractor Utilization Form) The public reporting and recordkeeping burden for this collection of information is estimated to average fifteen ( 15) minutes. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. OA 2002 0001 , which is available for public viewing at the OEI Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the OEI Docket is ( 202) 566 1752). An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " search," then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. ( OA 2002 0001) in any correspondence.


[Federal Register Volume 87, Number 43 (Friday, March 4, 2022)]
[Notices]
[Pages 12478-12479]
[FR Doc No: 2022-04593]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4638-DR; Docket ID FEMA-2022-0001]

Alaska; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Alaska (FEMA-4638-DR), dated January 15,
2022, and related determinations.

DATES: The declaration was issued January 15, 2022.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated January 22, 2022, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of Alaska resulting from severe storms, straight-line winds,
flooding, landslides, and mudslides during the period of October 29
to November 1, 2021, 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 et seq. (the ``Stafford Act''). Therefore, I declare
that such a major disaster exists in the State of Alaska.
    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 Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.

    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Thomas J. Dargan, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Alaska have been designated as
adversely affected by this major disaster:
    Kenai Peninsula Borough for Public Assistance.

    All areas within the State of Alaska are eligible 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 Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-04593 Filed 3-3-22; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 80, Number 77 (Wednesday, April 22, 2015)]
[Notices]
[Pages 22591-22593]
[FR Doc No: 2015-09266]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74747; File No. SR-OCC-2015-03]

Self-Regulatory Organizations; The Options Clearing Corporation;
Order Approving Proposed Rule Change Concerning the Execution of an
Agreement for Clearing and Settlement Services Between OCC and NASDAQ
Futures, Inc.

April 16, 2015.
    On February 20, 2015, The Options Clearing Corporation (``OCC'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change OCC-2015-03 pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder.\2\ The proposed rule change was published for comment in
the Federal Register on March 10, 2015.\3\ The Commission received no
comments on the proposed rule change. This order approves the proposed
rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 74432 (March 4, 2015),
80 FR 12652 (March 10, 2015) (SR-OCC-2015-03).

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I. Description

    OCC proposes to execute an Agreement for Clearing and Settlement
Services (``Clearing Agreement'') between OCC and NASDAQ Futures, Inc.
(``NFX'') in connection with NFX's operation as a designated contract
market (``DCM'') \4\ regulated by the Commodity Futures Trading
Commission (``CFTC''). OCC will provide clearance and settlement
services to NFX pursuant to the terms set forth in the Clearing
Agreement. The rule change, as proposed, permits OCC to begin providing
clearing and settlement services for NFX in the second quarter of 2015.
---------------------------------------------------------------------------

    \4\ See<EMAIL_ADDRESS>---------------------------------------------------------------------------

    NFX previously operated as a DCM and cleared its futures contracts
through OCC. As such, OCC and NFX had previously entered into a Second
Amended and Restated Agreement for Clearing and Settlement Services
(``Previous Agreement'') dated January 13, 2012.\5\ As of January 31,
2014, NFX ceased operations as a contract market and became a dormant
contract market under CFTC Regulations.\6\ As a result, the Previous
Agreement was terminated pursuant to its terms \7\ and the clearing
relationship between OCC and NFX terminated.
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    \5\ See Securities Exchange Act Release No. 66340 (February 7,
2012), 77 FR 7621 (February 13, 2012) (SR-OCC-2012-02).
    \6\ See 17 CFR 40.1.
    \7\ More specifically, the Previous Agreement, in relevant part,
stated that it would terminate if NFX terminates trading of all
Cleared Contracts. See Section 19(b) of the Previous Agreement. See
also note 5 supra.
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    On November 21, 2014, NFX was approved by the CFTC as a DCM.\8\ In
connection with that approval, OCC proposes to provide the clearance
and settlement services as described in the Clearing Agreement, which
is substantially similar to the Previous Agreement with several
differences discussed in more detail below. The Clearing Agreement has
been amended to allow OCC more flexibility in determining which
products it will clear based upon its conclusion that it is able to
appropriately risk manage such products using commercially reasonable
standards.\9\ More specifically, the following changes have been made:
---------------------------------------------------------------------------

    \8\ See note 4 supra.
    \9\ See Sections 3(a) and 9 of the Clearing Agreement in which
language has been added allowing such flexibility.
---------------------------------------------------------------------------

     Section 3(a) of the Clearing Agreement, ``General Criteria
for Underlying Interests,'' has been amended to permit NFX to select
the underlying interests that are the subject of currency futures,
commodity futures, and/or futures options to be traded on NFX only if
OCC is satisfied that it is able to appropriately risk manage the
contract with the proposed underlying interest using commercially
reasonable efforts.
     Section 9 of the Clearing Agreement, ``Limitations of
Authority and Responsibility,'' has been amended to specify that OCC
shall have no responsibility to enforce standards relating to the
conduct of trading on NFX unless OCC finds it reasonably necessary in
order to appropriately risk manage the products that are being traded
on NFX.
    In addition, the Clearing Agreement will also make several changes
to the Previous Agreement, which include:
     Section 3(c), ``Procedures for Selection of Underlying
Interests,'' has been amended to state that NFX must submit a
certificate for a new class of contracts not already listed or traded
on NFX as soon as practicable (rather than ten days prior to the
commencement of trading). It has also been amended to state that OCC
will be obligated to use commercially reasonable efforts to authorize
the clearance and settlement of such contracts as soon as practicable.
In addition, the Clearing Agreement expressly obligates NFX to provide
OCC with any additional information as requested by OCC from time to
time that will assist OCC in identifying a new product proposed for
clearing by NFX. OCC believes that these amendments to Section 3(c),
related to the procedures for the selection of underlying interests,
will ensure that OCC not only has the correct information needed to
evaluate a proposed new product but that the information will be
produced to OCC in a timely manner which will provide OCC sufficient
time to evaluate the proposed new product.
     Section 3(d), ``Notice of Additional Maturity or
Expiration Dates,'' has been amended to state that, for a class of
products previously certified, NFX may introduce a new maturity or
expiration date that is in the cycle set forth in the certificate by
providing notice to OCC through electronic means specified by OCC. The
Previous Agreement required such notice to be sent to OCC only by email
or facsimile.
     A universal conforming change has been made to various
sections in the Clearing Agreement to replace the term ``matched''
trades with ``confirmed'' trades to better describe trades that are
processed for clearance and settlement.\10\
---------------------------------------------------------------------------

    \10\ See Article I, Section 1(C)(28) of OCC's By-Laws. See also
Sections 3(g), 6(a), 7, 19, and Schedule A, Section 1 of the
Clearing Agreement.
---------------------------------------------------------------------------

     Section 5(a), ``Confirmed Trade Reports,'' has been
amended to remove language discussing the possibility that NFX will
provide OCC with a confirmed trade report on a real time basis as this
capability is already captured in the language ``as the Corporation may
reasonably prescribe.''
     Section 5(c)(i) has been amended to include language that
will allow OCC to determine the final settlement price for a futures
contract in which the underlying interest is a cash-settled foreign
currency if the organized market in which that foreign currency future
is traded on, or the foreign currency itself, did not open or remain
open for trading at or before the time in which the settlement price
for such futures contract would ordinarily be determined. In addition,
Section 5(c)(i) has been amended to include a reference to ``variance''
when listing factors that will allow OCC to determine a final
reasonable settlement price, if not reported at the ordinary time of
final settlement. OCC believes that these additions to the Clearing
Agreement clarify the potential underlying interests in which NFX may
introduce futures contracts and make the Clearing Agreement more
precise.
     Section 7, ``Acceptance and Rejection of Transactions in
Cleared Contracts,'' has been amended to include a provision that will
allow OCC, in accordance with its By-Laws, to reject transactions due
to validation errors which will allow OCC to better manage its
clearance and settlement obligations by expressly allowing it to reject
transactions that do not contain complete terms. These validation
errors include, for example, an incorrect Clearing Member, account,
product or format.
     Section 8, ``Non-Discrimination,'' has been amended to
delete a provision restricting OCC from changing its By-Laws or Rules
in any manner that may limit its obligations to clear and settle for
NFX. In addition, a provision has been deleted requiring OCC to amend
the Clearing Agreement in the event that OCC has made changes to its
standard form agreement for clearing and settlement services. Section 8
has also been amended to delete a provision stating OCC is required to
consult with NFX and modify OCC's By-Laws or Rules to incorporate
product design features specified by NFX for new products. OCC believes
that these

provisions are no longer necessary as they limit OCC's ability to
modify its By-Laws, Rules and agreements which may be necessary for OCC
to fulfill its obligations as a clearing organization. OCC will,
however, continue to be obligated to fulfill both the provisions of the
Clearing Agreement and OCC's regulatory responsibilities. Section 8 has
additionally been amended to delete an obligation for each party to
provide the other with proposed rule changes. The elimination of this
contractual obligation reflects the parties' determination that their
respective obligations to post filed regulatory submissions on their
public Web sites provides sufficient notice of such changes.
     Section 11, ``Financial Requirements for Clearing
Members,'' has been amended to delete a provision stating the specific
financial responsibility standards OCC has with respect to its Clearing
Members. This change was made to further streamline the Clearing
Agreement given OCC's general obligation to remain consistent with OCC
By-Laws and Rules.
     Section 14, ``Programs and Projects,'' has been amended to
eliminate a provision expressly requiring OCC to offer futures contract
clearing terms to NFX that are no less favorable to the terms offered
to other exchanges.
     Sections 15 and 24 in the Previous Agreement,
``Information Sharing'' and ``Quality Standards'' respectively, have
been deleted in their entirety in an attempt to simplify the Clearing
Agreement as the sections create unnecessary obligations on the parties
and are duplicative of general regulatory responsibilities of both
parties.
     Section 18(b), ``Other Grounds for Termination,'' has been
amended to include a provision that OCC may terminate the Clearing
Agreement at any time so long as NFX is given 120 days prior written
notice. The addition of this provision better balances the rights of
both parties to terminate the Clearing Agreement at their discretion
provided that proper notice is given as required by the Clearing
Agreement.
     Various administrative changes have been made throughout
the document including, but not limited to, an amended legal name and
description of NFX, updated references to sections within the document,
and clean-up changes of duplicative terms.
    Finally, pursuant to the rule change, as approved, Schedule A of
the Clearing Agreement, ``Description of Clearing and Settlement
Services'' and Schedule B of the Clearing Agreement, ``Information
Sharing,'' are being amended as follows:
     Section (1) of Schedule A of the Clearing Agreement,
``Trade Acceptance,'' has been updated to reflect current OCC
operational requirements with respect to submission of confirmed
trades.
     Section (4) of Schedule A, ``Information for Clearing
Members,'' has been amended to delete specific information sharing
obligations of OCC to its Clearing Members and to state that the
information provided to Clearing Members will be in accordance with
OCC's By-Laws and Rules.
     Section (I)(A) of Schedule B has been amended to delete
specific references to information that OCC will provide to Clearing
Members on a daily basis and instead adds a provision that OCC will
provide NFX with its ``Data Distribution Service'' information for
regulatory and financial purposes.
     Section (I)(B) of Schedule B has been amended to delete
certain information sharing provisions and to state that the
information sharing obligations OCC continues to have may be satisfied
by posting the required information on OCC's public Web site which
streamlines the information sharing process.

II. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act \11\ directs the Commission to
approve a proposed rule change of a self-regulatory organization if it
finds that the proposed rule change is consistent with the requirements
of the Act and the rules and regulations thereunder applicable to such
organization. The Commission finds that the proposed rule change is
consistent with Section 17A(b)(3)(F) of the Act,\12\ which requires,
among other things, that the rules of a clearing agency be designed to
promote the prompt and accurate clearance and settlement of securities
transactions and, to the extent applicable, derivative agreements,
contracts, and transactions, to assure the safeguarding of securities
and funds which are in its custody or control or for which it is
responsible, and, in general, to protect investors and the public
interest. As approved, the Clearing Agreement will allow derivative
contract trades executed on NFX to be cleared and settled at OCC,
thereby ensuring that these trades will be subject to the comprehensive
operational and risk management framework at OCC. In so doing, the
Clearing Agreement, should reduce the costs and risks associated with
clearing and settling NFX trades, which should in turn promote the
prompt and accurate clearance and settlement of the NFX derivative
contract transactions, better assure the safeguarding of related
securities and funds in the custody and control of OCC, and better
protect investors and the public interest.
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    \11\ 15 U.S.C. 78s(b)(2)(C).
    \12\ 15 U.S.C. 78q-1(b)(3)(F).
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III. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposal is consistent with the requirements of the Act and in
particular with the requirements of Section 17A of the Act \13\ and the
rules and regulations thereunder.
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    \13\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
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    IT IS THEREFORE ORDERED, pursuant to Section 19(b)(2) of the
Act,\14\ that the proposed rule change (SR-OCC-2015-03) be, and it
hereby is, approved.
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    \14\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-09266 Filed 4-21-15; 8:45 am]
BILLING CODE 8011-01-P