November 14, 2002 Page 1 of 17 SUPPORTING STATEMENT FOR AN INFORMATION COLLECTION REQUEST ( ICR)

1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title of the Information Collection TITLE: Foreign Purchaser Acknowledgment Statement of Unregistered Pesticides OMB No. 2070 0027 EPA No. 0161.09 1( b) Short Characterization/ Abstract This information collection program is designed to enable the Environmental Protection Agency ( EPA) to provide notice to foreign purchasers of unregistered pesticides exported from the United States that the pesticide product cannot be sold in the United States. Section 17( a)( 2) of the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA) requires an exporter of any pesticide not registered under FIFRA section 3 or sold under FIFRA section 6( a)( 1) to obtain a signed statement from the foreign purchaser acknowledging that the purchaser is aware that the pesticide is not registered for use in, and cannot be sold in, the United States. A copy of this statement must be transmitted to an appropriate official of the government in the importing country. The purpose of the purchaser acknowledgment statement requirement is to notify the government of the importing country that a pesticide judged hazardous to human health or the environment, or for which no such hazard assessment has been made, will be imported into that country. This information is submitted in the form of annual or per shipment statements to the EPA, which maintains original records and transmits copies thereof to appropriate government officials of the countries which are importing the pesticide.

The burden for this information collection has been constant since the implementation of the 1993 pesticide export policy governing the export of pesticides, devices, and active ingredients used in producing pesticides. EPA is including in this renewal of the information collection request an estimate of the burden imposed by export labeling requirements, which meet the definition of third party labeling.

2. NEED FOR AND USE OF THE COLLECTION 2( a) Need/ Authority for the Collection This information is required to be submitted to EPA pursuant to section 17( a)( 2) of FIFRA. Regulations pertaining to exporting pesticides are contained in Title 40 of the Code of Federal Regulations, Part 168, Subpart D. November 14, 2002 Page 2 of 17 2( b) Practical Utility/ Users of the Data Section 17( a)( 2) of FIFRA requires all exporters of unregistered pesticides to obtain signed statements from their customers acknowledging that they are aware that their purchased products are not registered in the United States. Hence, one use of this collection activity is in assuring that foreign purchasers of pesticides produced in the U. S. are aware of the products' U. S. registration status.

When such statements are submitted to EPA, the Agency is provided with a record of foreign destinations of domestically produced unregistered products. This is important to enable the Agency to assure that such products, which are produced in the U. S. but cannot be legally sold for use in the U. S., have been legally distributed.

In addition, such statements are required by statute to be directed onward to the appropriate government officials in importing countries. These officials may use such documents to verify the U. S. registration status of products which are arriving or have arrived in their country. Officials of foreign governments can also use this information to verify how many shipments of a particular pesticide are being sent to their country. This information is extremely useful in countries which do not have the resources to maintain extensive import records or control systems.

3. NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Non duplication The submission of purchaser acknowledgment statements is a statutory provision which must be met before unregistered pesticides may be exported. This information is in turn required by statute to be sent to the governments of importing countries.

With the current system, EPA recognizes that repeated submissions of purchaser acknowledgment statements involving the same country, purchase, and chemical would be duplicative, except in regards to identifying the number of shipments to which they apply. For this reason, EPA only requires this statement to be submitted once per year and that the exporter provides summary information indicating the number of shipments which apply to each submitted statement. This eliminates the redundancy that would be associated with the submission of identical acknowledgment statements, while still providing EPA and foreign governments with full information regarding the number of shipments in the calendar year. November 14, 2002 Page 3 of 17 3( b) Public Notice Required Prior to ICR Submission to OMB In proposing to renew this ICR, EPA published a Federal Register Notice that provided a 60 day public notice and comment period that ended on February 11, 2002 ( see Attachment ). No comments were received in response to that notice.

3( c) Consultations EPA consulted with several stakeholders in developing the burden estimates for this ICR renewal, including:

Jose Lopez, Marketing Arm International Inc. 941 743 5533 David Edison, Environmental Safety Products 541 332 8202 Richard Costlow, Rohm & Haas Co. 215 641 7331 All stakeholders contacted believed that the estimates in the ICR were reasonable and in line with actual costs. David Edison of Environmental Safety Products noted that while complying with FIFRA 17( a) generally takes little time, follow up, involving resubmitting the forms and answering questions from foreign purchasers, can be time consuming. Richard Costlow of Rohm & Haas added that complying with the multilingual labeling requirements can be more time consuming and costly when the foreign purchaser is in an Asian or Arabic speaking country.

3( d) Effects of Less Frequent Collection By offering the compliance option of annual reporting, EPA is offering a less frequent information collection to reduce the burden of per shipment reporting. Further reduction, i. e., to a one time submission for the life of the product or otherwise to a frequency of less than once a year would damage the correlation of statements with the actual regulatory status of pesticide products, which may change from year to year. Unless statements are renewed on an annual basis, it becomes difficult for the purchaser to know whether the regulatory status of the product has changed from the previous year, or for foreign governments to determine whether or not the regulatory status reflected in the most current statement reflects the actual regulatory status of the product.

The annual summaries provide EPA with the ability to monitor compliance with the requirements of section 17( a). Currently, such records need be kept for only two years. Since the summaries are submitted at the end of an applicable year, less frequent submissions would occasionally result in the necessary records not being available to validate submissions. November 14, 2002 Page 4 of 17 3( e) General Guidelines The following areas are not applicable to this information request:

reports of quarterly or greater frequency.

records required to be maintained for more than three years.

statistical surveys.

written responses to this information collection required less than 30 days after receipt.

required specific format ( NB: the new system may include a specific format).

submission of more than an original and two copies of the information collected.

remuneration to be received by the respondents for the information submission.

OMB's regulations require agencies to provide a statement indicating whether the proposed collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e. g., permitting electronic submission of responses, and an explanation of the decision ( 5 CFR 1320.5( a)( iii)( E)). No automated techniques for information submission are available which are suitable to this information collection. But during the implementation of the new requirements under the Rotterdam Convention on the Prior Informed Consent ( PIC) Procedure for Certain Hazardous Chemicals and Pesticides in International Trade ( see discussion in section 6( d), below), electronic submission and transmission will be examined. The submissions must be made in a form which can be sent to and subsequently read and understood by appropriate officials of foreign governments.

3( f) Confidentiality Although the EPA urges submitters to minimize the amount of claimed Confidential Business Information ( CBI), all data and/ or information brought to the Agency in conjunction with this rule that may be claimed as trade secret, commercial or financial information will be protected from disclosure by EPA under FIFRA section 10 and the associated regulation as contained in 40 CFR Part 2, Subpart B. Confidential business information may be required to be submitted in the case where a business wishes to export an unregistered research pesticide product. EPA recognizes that the chemical identity of the product may require protection as confidential business information, but believes that it is essential that the Agency nevertheless be able to accurately identify the nature of the product, both for domestic compliance monitoring and to meet possible future requirements under the PIC agreement. The name of the foreign purchaser is generally afforded CBI treatment in the U. S., but, according to statute, must be reported to the government of the importing country. EPA is aware that foreign governments consider the name of the purchaser in their country to be the most useful information transmitted with the export notice.

Aside from the name and address of the foreign purchaser, no information required to be November 14, 2002 Page 5 of 17 submitted in purchaser acknowledgment statements is considered to be confidential. EPA has specifically stated that certain information which could be considered confidential is not included in the statements. Specifically, the identity of a product under research and development may be identified by use of identification codes which protect proprietary information. ( However, most research and development shipments are exempt from the requirement.) EPA also is not requiring that the acknowledgment statements, the estimates, or the annual summaries indicate the amount of product shipped or to be shipped, since this information may be confidential. The actual fact that shipments occur is not considered to be confidential since the statute clearly requires that such submission be made to EPA, and that such statements be transmitted to foreign governments, where it is not possible for EPA to protect confidentiality.

3( g) Sensitive Questions No information of a sensitive nature is required to be submitted.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) Respondents  NAICS Codes Respondents affected by the collection activities under this ICR are individuals or entities who either manufacture and export or who reformulate or repackage and export unregistered pesticides. The North American Industrial Classification System ( NAICS) code assigned to the parties responding to this information is as follows:

Category NAICS code Examples of potentially affected entities Pesticide and other agricultural chemical manufacturing 325320 Individuals or entities engaged in activities related to the registration of a pesticide product.

4( b) Information Requested There are no forms for this activity. In preparing the statement, the exporter is free to format the document in any manner as long as it includes all of the required information. The exporter must obtain the signed statement from the foreign purchaser before the pesticide can be shipped.

i. Data items, including record keeping requirements:

Foreign Purchaser Acknowledgment Statement ( FPAS)  The respondent must ascertain the November 14, 2002 Page 6 of 17 registration status of the product that is being produced for export. After determining that an exported product is not registered in the Untied States, the exporter must obtain a statement of the type described in item 3( b)( i) from the foreign purchaser of the pesticide product. This will normally require that the exporter provide the purchaser with a prepared statement for signature or with instructions that are adequate to ensure that the purchaser can prepare the statement.

If the exporter anticipates making more than one shipment of the product to the purchaser in a given year, the exporter may elect to notify EPA only at the time of the first shipment and to choose to comply with the annual reporting option, which requires the submission of an annual summary of shipments of pesticides shipped to each purchaser.

The exporter is required to send a copy of the purchaser acknowledgment statement to EPA within 7 days of having shipped the pesticide, along with a signed statement that the shipment did not occur prior to receipt of the purchaser acknowledgment statement. In addition, if the exporter chooses the annual reporting option, he or she must include a statement that the FPAS is for the first shipment of a pesticide to a particular purchaser in a specific country, and that the exporter will report this information annually. Where an exporter chooses to comply with the annual summary reporting option, a summary must be sent after the end or the calendar year which lists all shipments of a particular pesticide shipped to a particular foreign purchaser. It is not required for the statement to be shipped in time for EPA to notify the importing country prior to arrival of the pesticide.

Submission of a purchaser acknowledgment statement does not require the maintenance of any records unique to this section. All records needed to ensure and verify compliance with this requirement are required under section 8 of FIFRA.

The FPAS must contain the following information:

Name and address of exporter.

Name and address of foreign purchaser.

Name of product and active ingredient.

Statement that foreign purchaser is aware that the product is not registered for use in the United States and cannot be sold for use in the United States.

If known, country of final destination of the exported shipment if different from country of import.

Signature of foreign purchaser.

Date that purchaser acknowledgment statement is signed by foreign purchaser.

Certification that shipment did not occur prior to receipt of Purchaser Acknowledgment Statement

Exporter's signature.

Third Party Notification Requirements; Export Labeling  The following information must be November 14, 2002 Page 7 of 17 included on the labels or labeling of exported pesticides:

EPA pesticide producing establishment number.

Warning or caution statements.

The statement " Not Registered for Use in the United States of America." The labels of all pesticides, devices, and active ingredients which are not registered for use in the United States under FIFRA section 3 must include this statement.

The ingredient statement.

Identity of parties.

Weight or measure.

Additional warning for highly toxic pesticides.

Use classification statement.

Multilingual labeling requirement  The following labeling information must be multilingual:

Warning and caution statements.

Where applicable, the statement " Not registered for use in the United States of America."

Ingredient statement

If the pesticide, device or active ingredient is highly toxic to humans, the skull and crossbones, the word " Poison," and a statement of practical treatment must appear on the label. The word " Poison" and the statement of practical treatment shall be in English and in an acceptable language of the country of import, and in an acceptable language in the country of final destination, if known or reasonably ascertainable.

( ii) Respondent Activities A) Submission of Foreign Purchaser Acknowledgment Statement B) Exemption of research and development pesticides. Records supporting research and development status must include records of communication received by exporter regarding research intent of shipment and information indicating knowledge that quantity shipped is consistent with research intent.

Persons claiming an exemption from the FPAS requirement for the export of research and development products must maintain records which support the R& D claim for each shipment so claimed. In its policy, EPA has limited research claims only to shipments where it is unlikely that the quantity shipped could have a significant commercial use. Thus the records must be sufficient to support the claim that the quantity shipped is only sufficient for use within the limits of the policy. This can be done either in the form of communications received from the purchaser before or on the date of export or in the form of instructions sent to the purchaser before or on the date of export. November 14, 2002 Page 8 of 17 Alternatively, the exporter may retain records which indicate that the quantity shipped is compatible with the claim that the amount sent is not enough to be used in applications exceeding those provided as exempt under the policy. Such information could include results of test, citations of literature, or other information which supports the claim.

At the time of shipment, the exporter must produce a record of the identity, amount, and date that the pesticide was shipped, the destination and purchaser, and the intended research use. Most of this information is provided in copies of or original invoice/ shipping records normally maintained for such products. Note that records of shipment of pesticides are already required to be maintained under FIFRA section 8. Other documentation supporting research use is generally available as typical business practice and should not impose additional burden to maintain with shipping records. Records of shipment and confirmation of research intent must be maintained and made available for inspection and copying by EPA for two years following the exportation of the pesticide.

C) Export labeling Every exported pesticide, device, and active ingredient used in producing a pesticide must bear a label or labeling which meets the requirements of FIFRA section 17( a)( 1). This requirement applies to all such pesticides, devices, or active ingredients, regardless of whether the export is for commercial or research and development use.

The specific requirements for the labeling of exported pesticides are described in section 4( b) of this paper. The required label statements may be met through either immediate container labels, or accompanying supplemental labeling, or through a combination of the two. EPA included supplemental labeling as an option to ease the compliance burden of this requirement. Rather than prepare individual product labels with the necessary information, the exporter can attach a paper to the shipping container, e. g., attaching a paper to the shrink wrap around multiple containers on a shipping pallet.

Exporters are also required to keep records of the product labeling used, including the EPA registered labeling, any foreign labeling on or attached to the product when shipped, and as applicable, any supplemental labeling used. The records shall be maintained in a manner that shows exactly which labels and labeling accompanied each shipment of a pesticide product to a foreign country.

5. THE INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) Agency Activities EPA is required to perform the following activities: November 14, 2002 Page 9 of 17

Respond to questions submitted by respondents

Receive submissions of acknowledgment statements, certification statements, notifications of shipments and summaries of shipments

Review submissions for completeness

Transmit submissions of acknowledgment statements, notifications and summaries of shipments to appropriate government officials of importing countries

Maintain a file of all submissions

Respond to requests for the information 5( b) Collection Methodology and Management EPA maintains a file of all submitted acknowledgment statements. This file includes the following for each submitted statement: ( 1) a copy of the purchaser acknowledgment statement and certification that shipment did not occur before receipt of statement by exporter; ( 2) a copy of the delivery receipt and the date that the statement was signed and delivered to EPA; ( 3) the date that the statement was forwarded to the appropriate government official and agency of the importing country; and ( 4) a copy of the estimate summary of the number of shipments to be made in association with that statement.

EPA reviews its files annually for completeness, following the submission of annual summaries of shipments, by referencing establishment reporting records for apparent discrepancies. EPA targets inspections based on such apparent discrepancies to determine whether a violation under FIFRA has occurred.

5( c) Small Entity Flexibility Under this reporting requirement, small entities must follow the same collection procedures as large companies. However, EPA provides flexibility in the formatting of submissions which will reduce the proportionately higher burden which would be placed on occasional submitters by strict requirements. In addition, the Agency allows respondents to determine the method of obtaining the purchaser acknowledgment statement. Finally, respondents are allowed flexibility in choosing between annual estimates and summaries or pershipment statements.

5( d) Collection Schedule Not applicable. The activity is conducted only as purchaser acknowledgment statements are received. There is no set schedule for the collection of this information.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 6( a) Estimating Respondent Burden November 14, 2002 Page 10 of 17 The overall respondent burden hours associated with this collection total 24,753 hours per year. The average number of respondents per calendar year over the past three years has remained constant at 2,500. No changes have been made to requirements for foreign purchaser acknowledgments.

The requirements to be fulfilled under this ICR consist of two parts: submission of the Foreign Purchaser Acknowledgment Statements ( FPAS); and the third party notification export labeling requirement. The third party labeling requirement is further subdivided into labeling requirements for unregistered exported pesticide products and multilingual labeling for registered exported pesticide products.

Estimating the Respondent Burden of the FPAS Requirement This ICR renewal includes a respondent burden estimate of 2,650 hours for the FPAS requirement. This figure is based on the approximately 2,500 notices received annually pursuant to the export policy. Table 1 presents the expected labor mix required and a breakdown of the FPAS collection activities per respondent.

Annual Respondent Burden/ Cost: Submission of Foreign Purchaser Acknowledgment Statement Collection Activity Burden Hours Total Mgmt $ 123/ hr Tech $ 83/ hr Cler $ 38/ hr Hours Cost ($)

Read Regulations 0.08 0.08 9.84 Plan Activities 0.08 0.08 6.64 Gather Information 0.08 0.08 6.64 Process, compile and reveal information 0.16 0.16 13.28 Complete paperwork 0.25 0.25 0.50 30.25 Record, disclose & display information 0.08 0.08 3.04 November 14, 2002 Page 11 of 17 Store, maintain and file information 0.08 0.08 3.04 TOTAL 0.08 0.57 0.41 1.06 72.73 ANNUAL BURDEN: 1.06 hrs ( 64 minutes) X 2,500 respondents = 2,650 hours per year ANNUAL COSTS: $ 72.73 X 2,500 respondents = $ 181,825 per year The clarifications regarding record keeping to ensure compliance will not result in additional burden since all such records are either already required to be kept under FIFRA Section 8 or are maintained in the normal course of business. Exporters who feel that pershipment submissions represent undue burden may choose to report annually. The per shipment notification and annual summary requirements of this option are based on records of production and shipment records already required by regulations under FIFRA Section 8, so such information will be readily available to exporters, who may submit it without reformatting or special preparation. These annual submissions may be included as part of the annual submission of acknowledgment statements and thus would result in minimal burden.

Estimating the Respondent Burden of the Third Party Notification Export Labeling Requirement It is estimated that one quarter of the pesticides exported from the U. S. are not registered for use in the United States. Approximately 900 unregistered pesticide products are exported annually. To estimate the total number of registered pesticides exported from the U. S. annually, EPA multiplied by four the number of unregistered pesticide products. Multiplying this by four gives an estimated total of 3,600 pesticide products( registered and unregistered) exported annually.

As discussed above in section 4( b), certain information must be included on the labels or labeling of exported pesticides. The labeling requirements may be met by supplemental labeling attached to either the product container or the shipping container. November 14, 2002 Page 12 of 17 Annual Respondent Burden/ Cost:

Labeling Requirement for Unregistered Exported Pesticide Products Collection Activity Burden Hours Total Mgmt $ 123 Tech $ 83 Cler $ 38 Hours Costs ($)

Read Regulations 0.5 0.5 61.5 Design Labels 2.0 2 166.0 Translate Labels 5.0 5 415.0 Complete Paperwork and Store Information 0.5 0.5 19.0 TOTAL 0.5 7.0 0.5 8.0 661.5 ANNUAL BURDEN: 8 hours x 900 unregistered products = 7,200 hours ANNUAL COSTS: $ 661.5 x 900 unregistered products = $ 595,350.

Certain information must be provided in the languages of the country or countries of final destination. EPA estimates that it will take respondents approximately 5.5 hours to meet the multilingual labeling requirement for each product. EPA estimates that to prepare one label in one language would take approximately one hour. In reviewing the major destinations of export shipments, EPA estimates that most labels would be in one or more of the following languages: French, Spanish, German, Taiwanese, and Portuguese. November 14, 2002 Page 13 of 17 Multilingual Labeling for Registered Exported Pesticide Products Collection Activity Burden Hours Total Mgmt $ 123 Tech $ 83 Cler $ 38 Hours Costs ($)

Translate Label 5 5 415 Complete Paperwork and Store Information 0.5 0.5 19 TOTAL 0 5 0.5 5.5 434 ANNUAL BURDEN: 5.5 hours x 2700 exported registered products = 14,850 hours ANNUAL COSTS: $ 434 x 2700 exported registered products = $ 1,171,800 6( b) Estimating Respondent Cost The total annual respondent cost for this ICR is estimated to be $ 1,948,975, broken down as follows:

Foreign purchaser acknowledgment statement $ 181,825 Labeling/ unregistered pesticides $ 595,350 Labeling/ registered pesticides $ 1,171,800 TOTAL $ 1,948,975 EPA estimated the respondent burden cost based on the estimated hourly loaded labor rate ( including salary and overhead expenses) of $ 123 for management, $ 83 for technical personnel, and $ 38 for clerical staff. These labor rates are based on information taken from the Bureau of Labor Statistics, and match the labor rates used in other pesticide program related ICRs that were recently submitted to OMB.

6( c) Estimating Agency Burden and Cost Agency costs for this information collection activity are minimal, and include only the November 14, 2002 Page 14 of 17 record keeping associated with the receipt of the acknowledgment statements and costs associated with the transmittal of acknowledgment statements to the appropriate government official in the importing country. EPA estimates such costs at a GS 13 gross salary level ( including benefits) for .583 hours ( 35 minutes) per statement. This estimate presumes that all relevant tasks are performed at a GS 13 level, which may overestimate the Agency cost of this activity. The total annual burden therefore is 2500 FPASs time 35 minutes per FPAS equals 1457.5 hours. The annual cost is 1800 times $ 35.15 per statement, or $ 63,270.

The distribution of this burden for specific tasks is described in the table describing the Agency tally in section 6( d) ( ii) ( Table 4), below.

6( d) Bottom Line Burden Hours and Cost Tables ( i) Respondent Burden FPAS 2,703 HOURS LABELING 7,200 HOURS MULTILINGUAL LABELING 14,850 HOURS TOTAL ANNUAL RESPONDENT BURDEN 24,753 HOURS ( ii) Agency Burden Annual Agency Burden/ Cost Estimates: Foreign Purchaser Acknowledgment Statement Requirement ( Table 4)

Collection Activity Hours Annual Cost ($)

Receive, review acknowledgment statements for completeness, and enter in log book 0.08 5.08 Data entry of information in acknowledgment statements 0.25 15.25 Make necessary copies and transmit submission to appropriate government officials of importing countries 0.16 9.76 Maintain a file of all submissions 0.08 5.06 TOTAL 0.57 35.15 November 14, 2002 Page 15 of 17 ANNUAL BURDEN: 2,500 statements x 0.576 hours = 1,440 hours ANNUAL COSTS: 2,500 statements x $ 35.15 = $ 63,270 6( d) Bottom Line Burden Hours and Cost Table TOTAL Hours Costs Respondent Burden Estimate 24753 $ 1,948,975 Agency Burden Estimate 1440 $ 87,875 Variations in the Annual Bottom Line Significant variations in the annual respondent burden or cost are possible during, or just after the end of, the three year term of this information collection activity. The matter is now before Congress, which is considering legislation to amend FIFRA to include authorities necessary to fully implement the PIC agreement. Effective implementation of PIC will require ratification and implementing legislation, and specific plans for affecting changes in the relevant U. S. laws and regulations are under development. The PIC Agreement includes a provision on export notification, which differs from the export notification provisions of FIFRA section 17 and 40 CFR 168, Subpart D.. Currently, the Administration's bill, which was introduced in May 2002, does not include amendments to existing section 17 export notification requirements, but does include the requirement for the PIC export notification.

The PIC notification system differs in applicability, in timing, and in the information transmitted from the current provisions of section 17( a)( 2) and 40 CFR 168, Subpart D. The scope of the PIC export notification is limited to those pesticides banned or severely restricted by an exporting country, pursuant to the definitions in the Agreement. The timing of the notice is to occur prior to the actual shipment, for the first time in a calendar year. The PIC notification does not include a provision for a foreign purchaser to sign an acknowledgment statement, and data elements in the PIC notice differ slightly. The export notification requirement ceases altogether once the pesticide is included in the PIC procedure ( and certain other conditions have been met).

6( f) Burden Statement Annual respondent burden for this collection of information is estimated to average 1.08 hours ( 65 minutes) per response, including the time for reviewing instructions, gathering and maintaining the data needed, and completing and reviewing the collection of information. The 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. November 14, 2002 Page 16 of 17 Send comments regarding this burden estimate or any other aspect of this information collection, including suggestions for reducing burden, to: Director, Collection Strategies Division, Mail Code 2822, U. S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW, Washington, DC 20460; and to Paperwork Reduction Act Project ( OMB No. 2070 0027), Office of Regulatory Affairs, Office of Management and Budget, Washington, DC 20503, marked " Attention Desk Officer for EPA." November 14, 2002 Page 17 of 17 Attachments to the Supporting Statement Attachment A FIFRA section 17  Imports and Exports  available electronically at http:// www. epa. gov/ pesticides/ fifra. htm# sec17 Attachment B 40 Code of Federal Regulations, Part 168, Subpart D  Section 168.75 Procedures for exporting unregistered pesticides  purchaser acknowledgment statements  available electronically at http:// www. access. gpo. gov/ nara/ cfr/ cfrhtml_ 00/ Title_ 40/ 40cfr168_ 00. html Attachment C 66 FR 64246  Foreign Purchaser Acknowledgment Statement of Unregistered Pesticides; Renewal of Pesticide Information Collection Activities and Request for Comments ( published December 12, 2001)  available electronically at http:// www. epa. gov/ fedrgstr/ EPA PEST/ 2001/ December/ Day 12/ p30596. htm


[Federal Register: October 16, 2007 (Volume 72, Number 199)]
[Notices]
[Page 58664]
[DOCID:fr16oc07-77]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2007-0484; FRL-8482-8]

Board of Scientific Counselors, National Center for Environmental
Research (NCER) Standing Subcommittee Meeting--2007

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of meeting.

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SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-
463, the Environmental Protection Agency, Office of Research and
Development (ORD), gives notice of a meeting of the Board of Scientific
Counselors (BOSC) National Center for Environmental Research (NCER)
Standing Subcommittee.

DATES: The meeting (a teleconference call) will be held on Thursday,
November 1, 2007 from 1 p.m. to 3 p.m. All times noted are eastern
time. The meeting may adjourn early if all business is finished.
Requests for the draft agenda or for making oral presentations at the
conference call will be accepted up to 1 business day before the
meeting.

ADDRESSES: Participation in the meeting will be by teleconference
only--meeting rooms will not be used. Members of the public may obtain
the call-in number and access code for the call from Susan Peterson,
whose contact information is listed under the FOR FURTHER INFORMATION
CONTACT section of this notice. Submit your comments, identified by
Docket ID No. EPA-HQ-ORD-2007-0484, by one of the following methods:
     http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
     E-mail: Send comments by electronic mail (e-mail) to:
<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-ORD-2007-0484.

     Fax: Fax comments to:<PHONE_NUMBER>, Attention Docket ID
No. EPA-HQ-ORD-2007-0484.
     Mail: Send comments by mail to: Board of Scientific
Counselors, National Center for Environmental Research (NCER) Standing
Subcommittee--2007 Docket, Mailcode: 28221T, 1200 Pennsylvania Ave.,
NW., Washington, DC, 20460, Attention Docket ID No. EPA-HQ-ORD-2007-
0484.
     Hand Delivery or Courier. Deliver comments to: EPA Docket
Center (EPA/DC), Room B102, EPA West Building, 1301 Constitution
Avenue, NW., Washington, DC., Attention Docket ID No. EPA-HQ-ORD-2007-
0484.

    Note: this is not a mailing address. Such deliveries are only
accepted during the docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.

    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2007-0484. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information

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

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

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
.

    Docket: All documents in the docket are listed in the http://www.regulations.gov
 index. Although listed in the index, some

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

Scientific Counselors, National Center for Environmental Research
(NCER) Standing Subcommittee--2007 Docket, EPA/DC, EPA West, Room B102,
1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744, and the telephone number for the ORD Docket is (202)
566-1752.

FOR FURTHER INFORMATION CONTACT: The Designated Federal Officer via
mail at: Susan Peterson, Mail Code 8104-R, Office of Science Policy,
Office of Research and Development, Environmental Protection Agency,
1200 Pennsylvania Avenue, NW., Washington, DC 20460; via phone/voice
mail at:<PHONE_NUMBER>; via fax at:<PHONE_NUMBER>; or via e-mail at:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

General Information

    Participation in the meeting will be by teleconference only--
meeting rooms will not be used. Members of the public who wish to
obtain the call-in number and access code to participate in the
conference call may contact Susan Peterson, the Designated Federal
Officer, via any of the contact methods listed in the FOR FURTHER
INFORMATION CONTACT section above, by 4 working days prior to the
conference call.
    The purpose of the meeting is to discuss the subcommittee's input
to their draft letter report and follow-up from their September 11,
2007 teleconference. Proposed agenda items for the conference call
include, but are not limited to: Discussion of each of the three
workgroups' recommendations, format of the draft letter report, and how
it responds to the charge question to the subcommittee. The conference
call is open to the public.
    Information on Services for Individuals with Disabilities: For
information on access or services for individuals with disabilities,
please contact Susan Peterson at<PHONE_NUMBER> or
<EMAIL_ADDRESS>To request accommodation of a disability,

please contact Susan Peterson, preferably at least 10 days prior to the
meeting, to give EPA as much time as possible to process your request.

    Dated: October 10, 2007.
Mimi Dannel,
Acting Director, Office of Science Policy.
[FR Doc. E7-20348 Filed 10-15-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)]
[Notices]
[Pages 35633-35634]
[FR Doc No: 2018-16080]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP18-13-000]

Notice of Schedule for Environmental Review of the Columbia Gas
Transmission, Llc Line 8000 Replacement Project

    On November 3, 2017, Columbia Gas Transmission, LLC filed an
application in Docket No. CP18-13-000 requesting a Certificate of
Public Convenience and Necessity pursuant to Sections 7(b) and (c) of
the Natural Gas Act to construct, operate, and abandon certain natural
gas pipeline facilities in Mineral County, West Virginia and Allegany
County, Maryland. The proposed project is known as the Line 8000
Replacement Project (Project) and is part of Columbia's multi-year,
comprehensive modernization program. The Project would not increase
capacity and would continue to serve the Maryland distribution markets.
According to Columbia, its Project would increase system reliability,
thereby greatly reducing the risk of interruptions to Columbia's
customers.
    On November 17, 2017, the Federal Energy Regulatory Commission
(Commission or FERC) issued its Notice of Application for the Project.
Among other things, that notice alerted agencies issuing federal
authorizations of the requirement to complete all necessary reviews and
to reach a final decision on a request for a federal authorization
within 90 days of the date of issuance of the Commission staff's
Environmental Assessment (EA) for the Project. This instant notice
identifies the FERC staff's planned schedule for the completion of the
EA for the Project.

Schedule for Environmental Review

Issuance of EA--August 29, 2018
90-day Federal Authorization Decision Deadline--November 27, 2018

    If a schedule change becomes necessary, additional notice will be
provided so that the relevant agencies are kept informed of the
Project's progress.

Project Description

    The Line 8000 Replacement Project would consist of:
     Replacement of about 13.25 miles of existing 12-inch-
diameter bare steel pipeline, with approximately 13.54 miles of new,
coated 12-inch-diameter natural gas transmission pipeline in five
sections and four modification points along Line 8000 and Lateral Line
8006;
     replacement of about 0.54 miles of existing 4-inch-
diameter bare steel pipeline, with approximately 0.67 miles of new
coated 4-inch-diameter natural gas transmission pipeline along Lateral
Lines 8225 and 8244;
     installation of two new pig \1\ launcher and receiver
sites and four new mainline valves associated with pipeline facilities;
---------------------------------------------------------------------------

    \1\ A ``pig'' is a tool that the pipeline company inserts into
and pushes through the pipeline for cleaning the pipeline,
conducting internal inspections, or other purposes.
---------------------------------------------------------------------------

     modifications/abandonment of three existing mainline
valves and three existing side tap valve sites;
     modification of tie-ins at two regulator stations; and
     abandonment of 13 active residential taps and 109 inactive
taps.

Background

    On December 19, 2017, the Commission issued a Notice of Intent to
Prepare an Environmental Assessment for the Proposed Line 8000
Replacement Project and Request for Comments on Environmental Issues
(NOI). The NOI was sent to affected landowners; federal, state, and
local government agencies; elected officials; environmental and public
interest groups; Native American tribes; other interested parties; and
local libraries and newspapers. In response to the NOI, the Commission
received comments from Columbia Gas of Maryland, Inc., Direct Energy
Business Marketing, LLC, the West Virginia Division of Culture and
History, the Maryland Department of Environment, and one landowner. The
comments addressed the conversion to an alternate

energy source for customers who would be affected by the abandonment of
residential farm taps, the cost of the Project, cultural resources, air
quality, stormwater and erosion, water resources, and land use. All
substantive comments will be addressed in the EA.

Additional Information

    In order to receive notification of the issuance of the EA and to
keep track of all formal issuances and submittals in specific dockets,
the Commission offers a free service called eSubscription. This can
reduce the amount of time you spend researching proceedings by
automatically providing you with notification of these filings,
document summaries, and direct links to the documents. Go to
www.ferc.gov/docs-filing/esubscription.asp.
    Additional information about the Project is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC website (www.ferc.gov). Using the ``eLibrary'' link, select
``General Search'' from the eLibrary menu, enter the selected date
range and ``Docket Number'' excluding the last three digits (i.e.,
CP18-13), and follow the instructions. For assistance with access to
eLibrary, the helpline can be reached at<PHONE_NUMBER>, TTY (202) 502-
8659, or at [email protected]. The eLibrary link on the FERC
website also provides access to the texts of formal documents issued by
the Commission, such as orders, notices, and rule makings.

    Dated: July 20, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-16080 Filed 7-26-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: February 3, 2009 (Volume 74, Number 21)]
[Notices]
[Page 5954-5955]
[DOCID:fr03fe09-60]

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SECURITIES AND EXCHANGE COMMISSION

Release No. 34-59305; File No. SR-NYSEArca-2009-04]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NYSE Arca, Inc. Amending Rules
Governing Flexible Exchange Options to Increase Maximum Term

January 27, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on January 9, 2009, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend Exchange rules governing Flexible
Exchange Options. A copy of this filing is available on the Exchange's
Web site at http://www.nyse.com, at the Exchange's principal office and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to increase the maximum
term for FLEX Options. Currently, the maximum term for a FLEX Equity
Options \4\ is three (3) years, provided an OTP Holder may request a
longer term to a maximum of five (5) years,\5\ and for FLEX Index
Options the maximum term is five (5) years.
---------------------------------------------------------------------------

    \4\ Flex Equity Options includes options on specified equity
securities or Exchange Traded Fund Shares.
    \5\ Pursuant to NYSE Arca Rule 5.32 (d)(1), upon assessment by
the FLEX Post Official that sufficient liquidity exists, such
request will be granted.
---------------------------------------------------------------------------

    NYSE Arca is proposing to increase the maximum term for all FLEX
Options to fifteen years and to eliminate the requirement that a FLEX
Post Official make a liquidity assessment. The changes are being
proposed to simplify the process and in response to investor interest
in expanding the maximum term, in order to accommodate their desire to
bring trades that are otherwise conducted in the over-the-counter
(``OTC'') market to an exchange environment.
    The Exchange believes that expanding the eligible term for FLEX
Options as proposed is important and necessary to the Exchange's
efforts to create a product and market that provides OTP Holders, and
other qualified investors interested in FLEX-type options, with an
improved but comparable alternative to the OTC market in customized
options, which can take on contract characteristics similar to FLEX
Options but are not subject to the same maximum term restriction. By
expanding the eligible term for FLEX Options, market participants will
now have greater flexibility in determining whether to execute their
customized options in an exchange environment or in the OTC market.
NYSE Arca believes market participants benefit from being able to trade
these customized options in an exchange environment in several ways,
including, but not limited to the following: (1) Enhanced efficiency in
initiating and closing out positions; (2)

increased market transparency; and (3) heightened contra-party
creditworthiness due to the role of The Options Clearing Corporation
(``OCC'') as issuer and guarantor of FLEX Options. Finally, the
Exchange has contacted the OCC and they have confirmed that they can
configure their systems to support FLEX Options that have a maximum
expiration of fifteen years.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \6\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \7\ in particular, because it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, and to remove impediments to and perfect
the mechanism of a free and open market and a national market system.
Specifically, by expanding the maximum terms for Flexible Exchange
Traded Options, the Exchange to [sic] will be able to offer market
participants additional investment choices that come with increased
market transparency and heightened contra-party creditworthiness, both
of which and [sic] are consistent with Section 6(b) of the Act \8\ in
general, and the objectives of Section 6(b)(5) of the Act.\9\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f (b).
    \7\ 15 U.S.C. 78f (b)(5).
    \8\ Id.
    \9\ Id.
---------------------------------------------------------------------------

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

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

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6)(iii) thereunder.\13\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied the pre-filing requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \14\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\15\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest.\16\
---------------------------------------------------------------------------

    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ The Commission notes that NYSE Arca is not requesting
waiver of the 30-day operative delay, despite including this
language in its Notice. Telephone conference between Glenn H. Gsell,
Managing Director, NYSE Regulation, and Kristie Diemer, Special
Counsel, Commission, on January 8, 2009.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the 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-NYSEArca-2009-04 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2009-04. 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 Section, 100 F Street,
NE., Washington, DC 20549-1090 on official business days between 10
a.m. and 3 p.m. Copies of the filing will also be available for
inspection and copying at NYSE Arca's principal office and on its
Internet Web site at http://www.nyse.com. All comments received will be
posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2009-04 and should be submitted
on or before February 24, 2009.

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

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-2224 Filed 2-2-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 177 (Thursday, September 16, 2021)]
[Rules and Regulations]
[Pages 51604-51607]
[FR Doc No: 2021-20126]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0790; Project Identifier MCAI-2021-01007-T;
Amendment 39-21738; AD 2021-19-20]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Dassault Aviation Model FALCON 7X airplanes. This AD was prompted by a
report of defects on the piston hole associated with the O2
saver feature that may prevent efficient deactivation of the
O2 saver function. This AD requires amending the existing
airplane flight manual (AFM) to incorporate a check and an operating
limitation regarding the O2 saver function, as specified in
a European Union Aviation Safety Agency (EASA) AD, which is
incorporated by reference. This AD also limits the installation of
affected parts under certain conditions. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD becomes effective September 16, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publications listed in this AD as of September
16, 2021.
    The FAA must receive comments on this AD by November 1, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email<EMAIL_ADDRESS>internet www.easa.europa.eu. You
may find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available in the AD docket at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-0790.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0790; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this AD, the mandatory
continuing airworthiness information (MCAI), any comments received, and
other information. The street address for Docket Operations is listed
above.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-0790; Project Identifier MCAI-
2021-01007-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report

summarizing each substantive verbal contact received about this final
rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Tom
Rodriguez, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South 216th St., Des Moines, WA
98198; telephone and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA Emergency AD 2021-0202-E, dated
September 9, 2021 (EASA Emergency AD 2021-0202-E) (also referred to as
the MCAI), to correct an unsafe condition for all Dassault Aviation
Model FALCON 7X airplanes. EASA subsequently issued EASA AD 2021-
0202R1, dated September 10, 2021 (EASA AD 2021-0202R1) to address an
incorrect reference to a non-existing part number within the definition
of the affected part.
    This AD was prompted by a report of plastic molding burrs and
defects found on the piston hole associated with the O2
saver feature during production of certain SAFRAN flightcrew oxygen
masks. The O2 saver function allows the flightcrew to wear
the oxygen mask with limited oxygen consumption to save oxygen by
delivering it only when needed, either automatically in case of
depressurization, or manually by switching the 100% or EMERG mode
button. Defects on the piston hole may prevent efficient deactivation
of the O2 saver function. The FAA is issuing this AD to
address this condition, which could lead to inadequate oxygen supply to
the flightcrew in case of decompression of the airplane or smoke or
fire in the flight deck. See the MCAI for additional background
information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0202R1 specifies procedures for amending the existing
AFM to incorporate a specific check to ensure that the O2
saver function is not activated and an operating limitation to prevent
use of the O2 saver function. EASA AD 2021-0202R1 also
limits the installation of affected parts under certain conditions.
This material is reasonably available because the interested parties
have access to it through their normal course of business or by the
means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
described above. The FAA is issuing this AD after determining that the
unsafe condition described previously is likely to exist or develop on
other products of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD
2021-0202R1 described previously, except for any differences identified
as exceptions in the regulatory text of this AD.
    EASA AD 2021-0202R1 requires operators to ``inform all flight
crews'' of amendments to the AFM, and thereafter to ``operate the
aeroplane accordingly.'' However, this AD does not specifically require
those actions as they are already required by FAA regulations. FAA
regulations require operators furnish to pilots any changes to the AFM
(e.g., 14 CFR 121.137), and to ensure that pilots are familiar with the
AFM (e.g., 14 CFR 91.505). As with any other training requirement,
training on the updated AFM content is tracked by the operators and
recorded in each pilot's training record, which is available for the
FAA to review. FAA regulations also require pilots to follow the
procedures in the existing AFM including all updates. 14 CFR 91.9
requires that no person may operate a civil aircraft without complying
with the operating limitations specified in the AFM. Therefore,
including a requirement in this AD to operate the airplane according to
the amended AFM would be redundant and unnecessary.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
EASA AD 2021-0202R1 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2021-0202R1 in its entirety through
that incorporation, except for any differences identified as exceptions
in the regulatory text of this AD. Using common terms that are the same
as the heading of a particular section in EASA AD 2021-0202R1 does not
mean that operators need comply only with that section. For example,
where the AD requirement refers to ``all required actions and
compliance times,'' compliance with this AD requirement is not limited
to the section titled ``Required Action(s) and Compliance Time(s)'' in
EASA AD 2021-0202R1. Service information required by EASA AD 2021-
0202R1 for compliance will be available at https://www.regulations.gov
by searching for and locating Docket No. FAA-2021-0790 after this AD is
published.

Interim Action

    The FAA considers this AD interim action. If final action is later
identified, the FAA might consider further rulemaking then.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule
because failure to deactivate the O2

saver function could lead to inadequate oxygen supply to the flightcrew
in case of decompression of the airplane or smoke or fire in the flight
deck. Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 20 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                   Cost per
                  Labor cost                      Parts cost        product          Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85..............              $0             $85  Up to $1,700.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. 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.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

2021-19-20 Dassault Aviation: Amendment 39-21738; Docket No. FAA-
2021-0790; Project Identifier MCAI-2021-01007-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 16,
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Dassault Aviation Model FALCON 7X
airplanes, certificated in any category.
    Note 1 to paragraph (c): Model FALCON 7X airplanes with Dassault
modification M1000 incorporated are commonly referred to as ``Model
FALCON 8X'' as a marketing designation.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Unsafe Condition

    This AD was prompted by report of defects on the piston hole
associated with the O2 saver feature that may prevent
efficient deactivation of the O2 saver function. The FAA
is issuing this AD to address this condition, which could lead to
inadequate oxygen supply to the flightcrew in case of decompression
of the airplane or smoke or fire in the flight deck.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2021-0202R1, dated September 10, 2021 (EASA
AD 2021-0202R1).

(h) Exceptions to EASA AD 2021-0202R1

    (1) Where EASA AD 2021-0202R1 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Paragraph (1) of EASA AD 2021-0202R1 specifies amending
``the applicable AFM [airplane flight manual],'' but this AD
requires amending the applicable existing AFM and applicable
corresponding operational procedures.
    (3) Whereas paragraph (1) of EASA AD 2021-0202R1 requires
operators to ``inform all flight crews'' of the AFM amendments, and
thereafter to ``operate the aeroplane accordingly,'' this AD does
not specifically require those actions as they are already required
by FAA regulations.
    (4) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2021-0202R1.

(i) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the airplane to a location where the
actions can be performed, provided the flight is nonpressurized.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person

identified in paragraph (k) of this AD. Information may be emailed
to<EMAIL_ADDRESS>Before using any approved AMOC,
notify your appropriate principal inspector, or lacking a principal
inspector, the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Dassault
Aviation's EASA Design Organization Approval (DOA). If approved by
the DOA, the approval must include the DOA-authorized signature.

(k) Related Information

    For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0202R1,
dated September 10, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0202R1, contact EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
<EMAIL_ADDRESS>Internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 13, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-20126 Filed 9-14-21; 11:15 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Notices]
[Pages 549-550]
[FR Doc No: 2010-33280]

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

[FRL-9248-3]

Clean Water Act Section 303(d): Notice for the Establishment of
the Total Maximum Daily Load (TMDL) for the Chesapeake Bay

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Availability of the Chesapeake Bay TMDL.

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SUMMARY: This notice announces EPA's establishment of the Chesapeake
Bay (Bay) TMDL on December 29, 2010 for nitrogen, phosphorus and
sediment for the Chesapeake Bay and its tidal tributaries. EPA provided
a 45-day public review of the Draft Bay TMDL which was held from
September 24 through November 8 of 2010. Based on comments and
information EPA received from the public and affected jurisdictions
during the public review period, EPA has revised the draft TMDL as
appropriate and established the Bay TMDL for nitrogen, phosphorus and
sediment for each of the 92 segments in the tidal portion of the
Chesapeake Bay watershed pursuant to Sections 117(g) and 303(d) of the
Clean Water Act (CWA). The TMDL provides pollutant loads for nitrogen,
phosphorus and sediment which can enter a waterbody without causing a
violation in the water quality standards. The TMDL allocates that
pollutant load between point and nonpoint sources. The Bay TMDL
contains segment specific point (wasteload) and non-point (load)
allocations for nitrogen, phosphorus and sediment that when met will
assure the attainment and maintenance of all applicable water quality
standards for each of the 92 segments. The Bay TMDL is a key part of
the clean water commitment in the Federal Strategy developed as part of
Executive Order 13508 on Chesapeake Bay Protection and Restoration. EPA
has worked closely with its federal partners, the six watershed states,
the District of Columbia, local governments and other parties to put in
place a comprehensive, transparent and accountable set of commitments
and actions that together ensure that pollution controls needed to
restore Bay water quality are implemented by no later than 2025
(Executive Order, 13508).
    Additional information on the Bay TMDL can be found at: http://www.epa.gov/chesapeakebaytmdl.
    Viewing: The TMDL can be viewed at http://www.epa.gov/chesapeakebaytmdl, in person at EPA Region III, 1650 Arch Street,
Philadelphia, PA 19103 with proper arrangements made in advance with
the Region 3 library<PHONE_NUMBER> or<EMAIL_ADDRESS>or at the
EPA Chesapeake Bay Program Office at 410 Severn Avenue, Suite 112,
Annapolis, MD 21403 (Contact Debbie Embleton<PHONE_NUMBER> or
Embleton.debbie@epa.gov).

SUPPLEMENTARY INFORMATION: Section 303(d) of the CWA requires that each
state identify those waters within its boundaries for which existing
technology-based and other pollution controls required by the CWA are
not stringent enough to attain or maintain state water quality
standards. A TMDL must be established for each of those ``impaired''
waters. TMDLs are pollution budgets designed to identify necessary
reductions of pollutant loads to the impaired waters so that the
appropriate water quality standards are met, including designated uses
like fishing or swimming and water quality criteria for parameters such
as dissolved oxygen and water clarity.
    Background: EPA solicited comments on the Draft Bay TMDL during a
45-day public review of the TMDL which was held from September 24
through November 8 of 2010. During the review period EPA held 18 public
meetings and webinars throughout the watershed to assist the public in
their understanding of the draft TMDL. Based on comments EPA received
from the public and affected jurisdictions during the public review
period, as well as watershed implementation plans submitted by the
jurisdictions, EPA has revised the draft TMDL as appropriate and is
establishing the Bay TMDL for nitrogen, phosphorus and sediment for
each of the 92 segments in the tidal portion of the Chesapeake Bay
watershed pursuant to Sections 117 (g) and 303(d) of the Clean Water
Act (CWA).
    Why was a TMDL developed for the Chesapeake Bay? The Chesapeake Bay
is a national treasure constituting the largest estuary in the United
States and one of the largest and most biologically productive
estuaries in the world. Despite significant efforts by federal, state,
and local governments and other interested parties, water pollution in
the Chesapeake Bay prevents the attainment of existing state water
quality standards. The pollutants that are largely responsible for
impairment of the Chesapeake Bay are nitrogen, phosphorus, and
sediment. EPA, in coordination with the Bay watershed jurisdictions of
Delaware, the District of Columbia, Maryland, New York, Pennsylvania,
Virginia, and West Virginia, established nitrogen, phosphorus and
sediment pollution budget for the Bay consistent with CWA requirements
to guide and assist Chesapeake Bay restoration efforts.
    Who developed the Bay TMDL? EPA Region III Water Protection
Division was primarily responsible for the establishment of the Bay
TMDL, at the request of the Bay jurisdictions. The Chesapeake Bay
Program Office in EPA Region III had the modeling and water quality
expertise needed to develop a TMDL. EPA Region II provided guidance and
technical support to Region III and cosigned the final TMDL as New York
State is included in the Chesapeake Bay watershed, and sources in New
York State (like the other jurisdictions) contribute nitrogen,
phosphorus and sediment to the Bay. EPA used the Chesapeake Bay Program
committee structure to engage the watershed jurisdictions in the
development of the TMDL, including the Chesapeake Bay Water Quality
Goal Implementation Team (formerly the Water Quality Steering Committee
and Nutrient Subcommittee), which is composed of the seven Bay
watershed jurisdictions, the Chesapeake Bay Commission, the Susquehanna
River Basin Commission, the Interstate Commission on the Potomac River
Basin, and EPA Regions II and III. Major policy input was provided by
the Chesapeake Bay Program Principals' Staff Committee (Secretaries
from each Bay jurisdiction, the Chesapeake Bay Commission Executive
Director, and the EPA Region III Regional Administrator) and Executive
Council (Bay watershed State Governors, Mayor of District of Columbia,
the Chesapeake Bay Commission Chair, and the EPA Administrator).
    What is the scope of the Bay TMDL? The Bay TMDL addresses all
segments of the Chesapeake Bay and its tidal tributaries. The Bay TMDL
consists of pollutant allocations, addressing nitrogen, phosphorus and
sediment, for each of the 92 segments in the Bay and tidal tributaries.
EPA intends that the Bay TMDL will be established at a level necessary
to ensure attainment of water quality standards in each of these
segments. In addition, the Bay TMDL assigns individual and (as
appropriate) aggregate maximum daily and annual allowable point source
and nonpoint source loadings, called wasteload allocations (WLAs) and
load allocations (LAs), respectively, across all jurisdictions within
the Bay watershed.
    How will the TMDL promote nitrogen, phosphorus and sediment
reductions? Under CWA, the Bay TMDL established a watershed pollution
budget for nitrogen, phosphorus and sediment

necessary to meet water quality standards in the Bay. Other provisions
of the CWA, as well as the jurisdictions' Watershed Implementation
Plans (WIPs), were developed to implement the Bay TMDL. EPA worked with
its partners, the Bay jurisdictions, to assist in their development of
individual jurisdiction-specific WIPs, which collectively serve as part
of the overall TMDL implementation framework. Those WIPs are not part
of the Bay TMDL itself but are part of the TMDL record and help provide
reasonable assurance that the necessary nitrogen, phosphorus and
sediment reductions identified in the TMDL will be achieved. The WIPs
identify specific nitrogen, phosphorus and sediment reduction targets
by geographic location and sector to achieve allowable loadings, as
well as a description and schedule of actions that the jurisdictions
will take to achieve these reductions.
    In accordance with Executive Order 13508, EPA and the jurisdictions
also will provide the next set of two-year milestone commitments
specifying what source controls will be taken to reduce nitrogen,
phosphorus and sediment during that period. Any questions or comments
regarding the substance of the individual WIPs, or the WIPs themselves
should be addressed to the individual jurisdiction. Links to the WIPs
are available at http://www.epa.gov/chesapeakebaytmdl.

    Dated: December 29, 2010.
Jon M. Capacasa,
Water Protection Division, U.S. Environmental Protection Agency, Region
III.
[FR Doc. 2010-33280 Filed 1-4-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 8, 2009 (Volume 74, Number 172)]
[Notices]
[Page 46288-46289]
[DOCID:fr08se09-152]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60591; File No. SR-BX-2009-048]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing of Proposed Rule Change To Amend the Grandfathered Rules of the
Exchange

August 31, 2009.
    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 August 17, 2009, NASDAQ OMX BX, Inc. (the ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I, II and III below, which Items have
been prepared by the Exchange. The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend the Grandfathered Rules of the
Exchange. This proposal seeks to incorporate certain provisions of the
former Constitution of the Boston Stock Exchange into the Grandfathered
Rules. The text of the proposed rule change is available from the
principal office of the Exchange, at the Commission's Public Reference
Room and also on the Exchange's Internet Web site at http://
nasdaqomxbx.cchwallstreet.com/NASDAQOMXBX/Filings/.

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
    The NASDAQ OMX Group, Inc. acquired the Boston Stock Exchange in
August 2008. In the order approving the acquisition, the Constitution
of the Boston Stock Exchange was replaced with the By-Laws of the
Exchange as amended.\3\ Thereafter, the Exchange adopted new, different
rules for equities trading, the ``Equity Rules'' and the Rules, under
the new Exchange, were renamed NASDAQ OMX BX [sic].\4\ In addition, the
rules of the Exchange under its former name remained in effect. These
rules, as amended subsequent to that acquisition, are entitled the
``Grandfathered Rules.'' The Grandfathered Rules are operative to the
extent that they apply to the Boston Options Exchange Group, LLC
(``BOX'') and to Options Participants on the Exchange, and are to be
read in conjunction with the Rules of the BOX.
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    \3\ Securities Exchange Act Release No. 58324 (August 7, 2008),
73 FR 46936 (August 12, 2008) (SR-BSE-2008-02, -23, -25; SR-BSECC-
2008-01).
    \4\ Securities Exchange Act Release No. 34-59154 (December 28,
2008), 73 FR 80468 (December 31, 2008) (SR-BSE-2008-48).
---------------------------------------------------------------------------

    This proposal seeks to incorporate certain provisions of the former
Constitution of the Boston Stock Exchange into the Grandfathered Rules.
The provisions regard the following: (a) Participation (formerly
Membership) rules, to supplement the By-Laws and the Grandfathered
Rules to direct the Participants and prospective participants to
Section 6(c) of the Securities and Exchange Act of 1934, as cited in
the proposed rule text regarding the investigation and acceptance of an
applicant; (b) Non-liability of the Exchange provision, to reinforce to
Participants the ``non-liability'' of the Exchange for damages
sustained from use of the facilities of the Exchange; (c) Insolvent
Participants, to provide guidance for Insolvent Participants to notify
the Exchange, of such insolvency and to state that the Exchange will
notify the Commission of such insolvency; and (d) Exchange Inquiries to
remind Participants that they may be subject to expulsion or suspension
for failure to respond to an Exchange Inquiry.
    The Exchange is seeking retroactive application of this proposal to
the date which the new By-Laws were approved by the Commission.\5\
These rules supplement the existing Grandfathered Rules and do not
substantially alter the rules in their current format.
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    \5\ See supra note 3.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\6\ in general, and Section
6(b)(5) of the Act,\7\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest. Specifically, the proposal will
provide for the BOX Options Participants to follow the Rules as they
existed at the time of the close.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    The Exchange has neither solicited nor received comments on the
proposed rule change.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    A. By order approve such proposed rule change, or
    B. Institute proceedings to determine whether the proposed rule
change should be disapproved.

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 Exchange 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-BX-2009-048 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2009-048. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BX-2009-048 and should be
submitted on or before September 29, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
Florence E. Harmon,
Deputy Secretary.
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    \8\ 17 CFR 200.30-3(a)(12).
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[FR Doc. E9-21585 Filed 9-4-09; 8:45 am]

BILLING CODE 8010-01-P