[Federal Register: September 17, 2009 (Volume 74, Number 179)]
[Rules and Regulations]
[Page 47718-47719]
[DOCID:fr17se09-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2009-0770; Airspace Docket No. 09-ASW-20]
RIN 2120-AA66

Amendment to Restricted Areas R-5103A, R-5103B, and R-5103C;
McGregor, NM

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: This action amends the airspace description of Restricted
Areas R-5103A, R-5103B, and R-5103C; McGregor, NM. In a final rule
published in the Federal Register on November 3, 1994, (59 FR 55030),
an error was made in the airspace description to the time of
designation for Restricted Areas R-5103A, R-5103B, R-5103C and R-5103D
(R-5130D was subsequently revoked on January 20, 2005 (69 FR 72113)).
Specifically, the time of designation stated ``0700-2000 local time,
Monday-Friday, other times by NOTAM'' instead of ``0700-2000 local time
Monday-Friday; other times by NOTAM''. This action corrects that error.

DATES: Effective Dates: 0901 UTC, October 22, 2009.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace and Rules
Group, Office of System Operations Airspace and AIM, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On November 3, 1994, a final rule for Airspace Docket No. 94-ASW-
12, was published in the Federal Register (59 FR 55030), changing the
time of designation for Restricted Areas R-5103A, R-5103B, R-5103C, and
R-5103D at McGregor, NM. In that rule, the preamble discussion stated
the time of designation was being changed from the existing time of
designation, ``0700-2000 local time; other times by NOTAM'' to ``0700-
2000 local time, Monday-Friday; other times by NOTAM'' to lessen the
burden on the public and accurately reflect their actual time of use.
However, in the regulatory language, the time of designation was
published as ``0700-2000 local time, Monday-Friday, other times by
NOTAM''. Having changed the semi-colon between the days of the week and
NOTAM provision to a comma unintentionally linked the NOTAM provision
to the days of the week listed in the legal description only. The
unintended consequence of this error is that the NOTAM provision does
not apply to Saturdays or Sundays, as it did previous to that final
rule. Had a semi-colon been published in the regulatory text between
the days of the week and the NOTAM provision, the ``other times by
NOTAM'' provision would apply daily.
    Subsequent to the rule published November 3, 1994, (59 FR 55030), a
second rule affecting R-5103A, R-5103B, R-5103C, and R-5103D was
published December 13, 2004, (69 FR 72113), Airspace Docket No. 04-ASW-
11, FAA Docket No. FAA-2004-17773. This second rule modified the
boundaries and designated altitudes for Restricted Areas R-5103A, R-
5103B, and R-5103C, and revoked R-5103D to allow the U.S. Army to
activate the restricted areas in a manner that was more consistent with
the actual utilization of the airspace. As a result of this action, the
correction to Restricted Area R-5103D is not necessary as it no longer
exists.
    Based on the original intent of the final rule published November
3, 1994, and subsequently modified by a second final rule published
December 13, 2004, the NOTAM provisions for R-5103A, R-5103B, and R-
5103C should be applicable daily, outside the 0700-2000 local time,
Monday through Friday, published hours currently listed in that final
rule. This action corrects that error by amending the time of
designation for R-5103A, R-5103B, and R-5103C to read, ``0700-2000
local time, Monday-Friday; other times by NOTAM''.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

Correction to Final Rule

0
Accordingly, pursuant to the authority delegated to me, the legal
description as published in the Federal Register on November 3, 1994
(59 FR 55030), Airspace Docket 94-ASW-12, and incorporated by reference
in 14 CFR 73, is corrected as follows:

Sec.  73.51  [Amended]

0
On page 55031, correct the airspace description for the time of
designation for Restricted Areas R-5103A, R-5103B, and R-5103C, to read
as follows:

* * * * *

R-5103A McGregor, NM [Amended]

    By removing the current ``Time of designation. 0700-2000 local
time, Monday-Friday, other times by NOTAM.'' and substituting the
following: ``Time of designation. 0700-2000 local time Monday-
Friday; other times by NOTAM.''

R-5103B McGregor, NM [Amended]

    By removing the current ``Time of designation. 0700-2000 local
time, Monday-Friday, other times by NOTAM.'' and substituting the
following: ``Time of designation. 0700-2000 local time Monday-
Friday; other times by NOTAM.''

R-5103C McGregor, NM [Amended]

    By removing the current ``Time of designation. 0700-2000 local
time, Monday-Friday, other times by NOTAM.'' and substituting the
following: ``Time of designation. 0700-2000 local time Monday-
Friday; other times by NOTAM.''
* * * * *

    Issued in Washington, DC, on August 27, 2009.
Ellen Crum,
Acting Manager, Airspace and Rules Group.
[FR Doc. E9-21263 Filed 9-16-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 129 (Friday, July 5, 2013)]
[Notices]
[Pages 40473-40474]
[FR Doc No: 2013-16117]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER13-1793-000]

Hazle Spindle, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding,
of Hazle Spindle, LLC's application for market-based rate authority,
with an accompanying rate schedule, noting that such application
includes a request for blanket authorization, under 18 CFR part 34, of
future issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is July 18, 2013.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling

link to log on and submit the intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 28, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-16117 Filed 7-3-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 9, 2007 (Volume 72, Number 217)]
[Notices]
[Page 63633]
[DOCID:fr09no07-99]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

In the Matter of Ames Department Stores, Inc., Bradlees, Inc.,
Caldor Corp., and Stuarts Department Stores, Inc.; Order of Suspension
of Trading

November 7, 2007.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Ames Department Stores, Inc. because it has not filed any periodic
reports since it filed a Form 10-Q for the period ended May 4, 2002.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Bradlees, Inc. because it has not filed any periodic reports since it
filed a Form 10-Q for the period ended October 28, 2000.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Caldor Corp. because it has not filed any periodic reports since it
filed a Form 10-Q for the period ended October 31, 1998.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Stuarts Department Stores, Inc. because it has not filed any periodic
reports since it filed a Form 10-Q for the period ended October 28,
1995.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the above-listed
companies is suspended for the period from 9:30 a.m. EST on November 7,
2007, through 11:59 p.m. EST on November 20, 2007.

    By the Commission.
Nancy M. Morris,
Secretary.
[FR Doc. 07-5625 Filed 11-7-07; 11:20 am]

BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 81 (Friday, April 26, 2019)]
[Notices]
[Pages 17824-17825]
[FR Doc No: 2019-08380]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP16-480-000]

Annova LNG Common Infrastructure, LLC, Annova LNG Brownsville A,
LLC, Annova LNG Brownsville B, LLC, Annova LNG Brownsville C, LLC;
Notice of Availability of the Final Environmental Impact Statement for
the Proposed Annova LNG Brownsville Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared a final environmental impact statement (EIS)
for the Annova LNG Brownsville Project (referred to as the Annova LNG
Project, or Project). Annova LNG Common Infrastructure LLC, Annova LNG
Brownsville A LLC, Annova LNG Brownsville B LLC, and Annova LNG
Brownsville C, LLC (collectively referred to as Annova LNG) request
authorization to site, construct, and operate liquefied natural gas
(LNG) export facilities on the Brownsville Ship Channel in Cameron
County, Texas. The Project would include a new LNG export terminal
capable of producing up to 6.95 million metric tons per year of LNG for
export. The LNG terminal would receive natural gas to the export
facilities from a third party intrastate pipeline.
    The final EIS assesses the potential environmental effects of the
construction and operation of the Project in accordance with the
requirements of the National Environmental Policy Act (NEPA). The FERC
staff concludes that approval of the Project would result in adverse
environmental impacts. With the mitigation measures recommended in the
EIS and Annova's proposed mitigation measures, most impacts in the
Project area would be avoided or minimized and would not be
significant. However, the Project would have significant construction
noise impacts during the six months of nighttime pile-driving. In
addition, the Annova LNG Project combined with other projects within
the geographic scope, including the Texas LNG and Rio Grande LNG
Projects, would contribute to potential significant cumulative impacts
from construction noise during nighttime pile-driving, sediment/
turbidity and shoreline erosion within the Brownsville Ship Channel
during operations from vessel transits; on the federally listed ocelot
and jaguarundi from habitat loss in combination with past actions and
potential for increased vehicular strikes during construction; on the
federally listed aplomado falcon from habitat loss in combination with
past actions; and on visual resources from the presence of aboveground
structures. Construction and operation of the Project would result in
mostly temporary or short-term environmental impacts; however, some
long-term and permanent environmental impacts would occur.
    The U.S. Army Corps of Engineers; U.S. Coast Guard; U.S. Department
of Transportation; U.S. Environmental Protection Agency; U.S. Fish and
Wildlife Service; National Parks Service; the National Oceanic and
Atmospheric Administration, National Marine Fisheries Service; Federal
Aviation Administration; and U.S. Department of Energy participated as
cooperating agencies in the preparation of the EIS. Cooperating
agencies have jurisdiction by law or special expertise with respect to
resources potentially affected by the proposal and participate in the
NEPA analysis.
    The final EIS addresses the potential environmental effects of the
construction and operation of the following Project facilities:
     Pipeline meter station;
     natural gas pretreatment and liquefaction facilities;
     two LNG storage tanks;
     marine and LNG transfer facilities;
     control room, administration/maintenance building;
     site access road; and
     utilities (power, water, and communication systems).
    The Commission mailed a copy of the Notice of Availability to
federal, state, and local government representatives and agencies;
elected officials; environmental and public interest groups; Native
American tribes; potentially affected landowners and other interested
individuals and groups; and newspapers and libraries in the Project
area. The final EIS is only available in electronic format. It may be
viewed and downloaded from the FERC's website (www.ferc.gov), on the
Environmental Documents page (https://www.ferc.gov/industries/gas/enviro/eis.asp). In addition, the final EIS may be accessed by using
the eLibrary link on the FERC's website. Click on the eLibrary link
(https://www.ferc.gov/docs-filing/elibrary.asp), click on General
Search, and enter the docket number in the Docket Number field,
excluding the last three digits (i.e., CP16-480). Be sure you have
selected an appropriate date range. For assistance, please contact FERC
Online Support at [email protected] or toll free at (866) 208-
3676, or for TTY, contact<PHONE_NUMBER>.
    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. The eLibrary link
also provides access to the texts of all formal documents issued by the
Commission, such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. 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.

    Dated: April 19, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-08380 Filed 4-25-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 107 (Monday, June 7, 2021)]
[Rules and Regulations]
[Pages 30210-30215]
[FR Doc No: 2021-11768]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2020-0302; FRL-10022-76]
RIN 2070-AB27

Modification of Significant New Uses of Certain Chemical
Substances (20-2.M)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is amending significant new use rules (SNURs) issued under
the Toxic Substances Control Act (TSCA) for certain chemical substances
identified herein, which were the subject of premanufacture notices
(PMNs) and significant new use notices (SNUNs). This action would amend
the SNURs to allow certain new uses reported in the SNUNs without
additional notification requirements and modify the significant new use
notification requirements based on the actions and determinations for
the SNUN submissions. EPA is issuing these amendments based on review
of new and existing data for the chemical substances.

DATES: This rule is effective on August 6, 2021. For purposes of
judicial review, this rule shall be promulgated at 1 p.m. (e.s.t.) on
June 21, 2021.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: William Wysong, New Chemicals
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture,
process, or use the chemical substances contained in this rule. The
following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Manufacturers or processors of one or more subject
chemical substances (NAICS codes 325 and 324110), e.g., chemical
manufacturing and petroleum refineries.
    This action may also affect certain entities through pre-existing
import certification and export notification rules under TSCA, which
would include the SNUR requirements. Chemical importers are subject to
the TSCA section 13 (15 U.S.C. 2612) import provisions. The EPA policy
in support of import certification appears at 40 CFR part 707, subpart
B. In addition, pursuant to 40 CFR 721.20, any persons who export or
intend to export a chemical substance that is the subject of this rule
are subject to the export notification provisions of TSCA section 12(b)
(15 U.S.C. 2611(b)), and must comply with the export notification
requirements in 40 CFR part 707, subpart D.

B. How can I access the docket?

    The docket includes information considered by the Agency in
developing the proposed and final rules. The docket for this action,
identified by docket identification (ID) number EPA-HQ-OPPT-2020-0302,
is available at https://www.regulations.gov or at the Office of
Pollution Prevention and Toxics Docket (OPPT Docket), Environmental
Protection Agency Docket Center (EPA/DC), West William Jefferson
Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPPT
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at https://www.epa.gov/dockets.
    Due to the public health emergency, the EPA Docket Center (EPA/DC)
and Reading Room is closed to visitors with limited exceptions. The
staff continues to provide remote customer service via email, phone,
and webform. For the latest status information on EPA/DC services and
docket access, visit https://www.epa.gov/dockets.

II. Background

A. What action is the Agency taking?

    EPA is issuing amendments to the SNURs for certain chemical
substances in 40 CFR part 721 subpart E.
    Previously, in the Federal Register of November 18, 2020 (85 FR
73439) (FRL-10013-54), EPA proposed amendments to the SNURs for these
chemical substances and established the record for these SNUR
amendments in the docket under docket ID number EPA-HQ-OPPT-2020-0302.
That docket includes information considered by the Agency in developing
the proposed and final rules, including public comments.

B. What is the Agency's authority for taking this action?

    TSCA section 5(a)(2) (15 U.S.C. 2604(a)(2)) authorizes EPA to
determine that a use of a chemical substance is a ``significant new
use.'' EPA must make this determination by rule (i.e., a SNUR) after
considering all relevant factors, including those listed in TSCA
section 5(a)(2). EPA may also amend a SNUR promulgated under TSCA
section 5(a)(2). Procedures and criteria for modifying or revoking SNUR
requirements appear at 40 CFR 721.185. Once EPA determines that a use
of a chemical substance is a significant new use, TSCA section
5(a)(1)(B) requires persons to submit a SNUN to EPA at least 90 days
before they manufacture, import, or process the chemical substance for
that use. Persons who must report are described in 40 CFR 721.5.

C. Do the SNUR general provisions apply?

    General provisions for SNURs appear in 40 CFR part 721, subpart A.
These provisions describe persons subject to the final rule,
recordkeeping requirements, exemptions to reporting requirements, and
applicability of the rule to uses occurring before the effective date
of the final rule. Provisions relating to user fees appear at 40 CFR
part 700. According to 40 CFR 721.1(c), persons subject to these SNURs
must comply with the same notice requirements and EPA regulatory
procedures as submitters of PMNs under TSCA section 5(a)(1)(A). In
particular, these requirements include the information submission
requirements of TSCA sections 5(b) and 5(d)(1), the exemptions
authorized by TSCA sections 5(h)(1), (h)(2), (h)(3), and (h)(5), and
the regulations at 40 CFR part 720. Once EPA receives a SNUN, EPA must
either determine that the significant new use is not likely to present
an unreasonable risk of injury or take such

regulatory action as is associated with an alternative determination
before the manufacture or processing for the significant new use can
commence. If EPA determines that the significant new use is not likely
to present an unreasonable risk, EPA is required under TSCA section
5(g) to make public, and submit for publication in the Federal
Register, a statement of EPA's findings.

III. Significant New Use Determination

A. Determination Factors

    TSCA section 5(a)(2) states that EPA's determination that a use of
a chemical substance is a significant new use must be made after
consideration of all relevant factors, including:
     The projected volume of manufacturing and processing of a
chemical substance.
     The extent to which a use changes the type or form of
exposure of human beings or the environment to a chemical substance.
     The extent to which a use increases the magnitude and
duration of exposure of human beings or the environment to a chemical
substance.
     The reasonably anticipated manner and methods of
manufacturing, processing, distribution in commerce, and disposal of a
chemical substance.
    In determining whether and how to modify the significant new uses
for the chemical substances that are the subject of these SNURs, EPA
considered relevant information about the toxicity of the chemical
substance, likely human exposures and environmental releases associated
with possible uses, and the four TSCA section 5(a)(2) factors listed in
this unit.

B. Procedures for Significant New Uses Claimed as Confidential Business
Information (CBI)

    By this rule, EPA is establishing certain significant new uses
which have been claimed as CBI subject to Agency confidentiality
regulations at 40 CFR part 2 and 40 CFR part 720, subpart E. Absent a
final determination or other disposition of the confidentiality claim
under 40 CFR part 2 procedures, EPA is required to keep this
information confidential. EPA promulgated a procedure to deal with the
situation where a specific significant new use is CBI, at 40 CFR
721.1725(b)(1) and has referenced it to apply to other SNURs.
    Under these procedures a manufacturer or processor may request EPA
to determine whether a proposed use would be a significant new use
under the rule. The manufacturer or processor must show that it has a
bona fide intent to manufacture or process the chemical substance and
must identify the specific use for which it intends to manufacture or
process the chemical substance. If EPA concludes that the person has
shown a bona fide intent to manufacture or process the chemical
substance, EPA will tell the person whether the use identified in the
bona fide submission would be a significant new use under the rule.
Since most of the chemical identities of the chemical substances
subject to these SNURs are also CBI, manufacturers and processors can
combine the bona fide submission under the procedure in 40 CFR
721.1725(b)(1) with that under 40 CFR 721.11 into a single step.
    If EPA determines that the use identified in the bona fide
submission would not be a significant new use, i.e., the use does not
meet the criteria specified in the rule for a significant new use, that
person can manufacture or process the chemical substance so long as the
significant new use trigger is not met. In the case of a production
volume trigger, this means that the production volume limit is not
exceeded by the amount identified in the bona fide submission to EPA.
Because of confidentiality concerns, EPA does not typically disclose
the actual production volume that constitutes the use trigger. Thus, if
the person later intends to exceed that volume, a new bona fide
submission would be necessary to determine whether that higher volume
would be a significant new use.

IV. Public Comments

    EPA received three public comments in response to the proposed
SNURs. None of the comments pertained to the proposed SNURs or the
basis for these SNURs. As a result, EPA is finalizing the rules as
proposed and is not responding to the comments.

V. Rationale of the Final Rule

    These amendments are based on EPA's determination under 40 CFR
721.85(a)(3) that significant new use notices for some of the
activities designated as significant new uses of the relevant chemical
substances were submitted to EPA and after reviewing the notices, EPA
concluded that there is no need to require additional notice from
persons who propose to engage in identical or similar activities. In
those instances where EPA expanded the scope of the significant new
use, the Agency identified concerns, as discussed in Unit IV. of the
proposed rule, associated with certain potential new uses. In addition
to considering the factors discussed in Unit IV. of the proposed rule,
EPA determined that those uses could result in changes in the type or
form of exposure to the chemical substance, increased exposures to the
chemical substance, and/or changes in the reasonably anticipated manner
and methods of manufacturing, processing, distribution in commerce, and
disposal of the chemical substance.

VI. Applicability of Rules to Uses Occurring Before Effective Date of
the Final Rule

    To establish a significant new use, EPA must determine that the use
is not ongoing. EPA solicited comments on the proposed rule, providing
an opportunity for members of the public to indicate whether any of the
uses which are not significant new uses under the current rules, but
which would be regulated as ``significant new uses'' if the proposed
rule is finalized, are ongoing. EPA received no comments that these
uses were ongoing. Therefore, EPA concludes that the uses are not
ongoing.
    EPA designated November 18, 2020 (the date of publication of the
proposed rule) as the cutoff date for determining whether the new use
is ongoing. The objective of EPA's approach has been to ensure that a
person could not defeat a SNUR by initiating a significant new use
before the effective date of the final rule.
    In the unlikely event that a person began commercial manufacture or
processing of the chemical substances for a significant new use
identified as of the cutoff date, that person will have to cease any
such activity upon the effective date of the final rule. To resume
their activities, that person would have to first comply with all
applicable SNUR notification requirements and wait until EPA has
conducted a review of the notice, made an appropriate determination on
the notice, and has taken such actions as are required with that
determination.

VII. Development and Submission of Information

    EPA recognizes that TSCA section 5 generally does not require
development of any particular new information (e.g., generating test
data) before submission of a SNUN. There is an exception: If a person
is required to submit information for a chemical substance pursuant to
a rule, order or consent agreement under TSCA section 4, then TSCA
section 5(b)(1)(A) requires such information to be submitted to EPA at
the time of submission of the SNUN.
    In the absence of a rule, order, or consent agreement under TSCA
section 4 covering the chemical substance, persons are required only to
submit information in their possession or control and to describe any
other

information known to or reasonably ascertainable by them (see 40 CFR
720.50). However, upon review of PMNs and SNUNs, the Agency has the
authority to require appropriate testing. Unit IV. of the proposed rule
lists potentially useful information for all SNURs addressed in this
final rule. Descriptions are provided for informational purposes. The
information identified in Unit IV. of the proposed rule will be
potentially useful to EPA's evaluation of a chemical substance in the
event that someone submits a SNUN for a significant new use pursuant to
the SNURs addressed in this final rule. Companies who are considering
submitting a SNUN are encouraged, but are not required, to develop the
potentially useful information on the substance.
    EPA strongly encourages persons, before performing any testing, to
consult with the Agency. Furthermore, pursuant to TSCA section 4(h),
which pertains to reduction of testing on vertebrate animals, EPA
encourages consultation with the Agency on the use of alternative test
methods and strategies (also called New Approach Methodologies, or
NAMs), if available, to generate the recommended test data. EPA
encourages dialogue with Agency representatives to help determine how
best the submitter can meet both the data needs and the objective of
TSCA section 4(h). For more information on alternative test methods and
strategies to reduce vertebrate animal testing, visit https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/alternative-test-methods-and-strategies-reduce.
    The potentially useful information identified in Unit IV. of the
proposed rule may not be the only means of addressing the potential
risks of the chemical substance. However, submitting a SNUN without any
test data or other information may increase the likelihood that EPA
will take action under TSCA sections 5(e) or 5(f). EPA recommends that
potential SNUN submitters contact EPA early enough so that they will be
able to conduct the appropriate tests.
    SNUN submitters should be aware that EPA will be better able to
evaluate SNUNs that provide detailed information on the following:
     Human exposure and environmental release that may result
from the significant new use of the chemical substances; and

VIII. SNUN Submissions

    According to 40 CFR 721.1(c), persons submitting a SNUN must comply
with the same notification requirements and EPA regulatory procedures
as persons submitting a PMN under 40 CFR part 720, including submission
of test data on health and environmental effects as described in 40 CFR
720.50. SNUNs must be submitted on EPA Form No. 7710-25, generated
using e-PMN software, and submitted to the Agency in accordance with
the procedures set forth in 40 CFR 721.25 and 720.40. E-PMN software is
available electronically at https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca.

IX. Economic Analysis

    EPA has evaluated the potential costs of establishing SNUN
requirements for potential manufacturers and processors of the chemical
substances subject to this rule. EPA's complete economic analysis is
available in the docket for this rulemaking.

X. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders
can be found at https://www.epa.gov/laws-regulations-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulations and Regulatory Review

    This action modifies SNURs for several new chemical substances that
were the subject of PMNs and SNUNs. The Office of Management and Budget
(OMB) has exempted these types of actions from review under Executive
Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011).

B. Paperwork Reduction Act (PRA)

    According to the PRA, (44 U.S.C. 3501 et seq.), an agency may not
conduct or sponsor, and a person is not required to respond to a
collection of information that requires OMB approval under PRA, unless
it has been approved by OMB and displays a currently valid OMB control
number. The OMB control numbers for EPA's regulations in title 40 of
the CFR, after appearing in the Federal Register, are listed in 40 CFR
part 9, and included on the related collection instrument or form, if
applicable.
    The information collection activities associated with these SNURs
have already been approved by OMB pursuant to the PRA under OMB control
number 2070-0012 (EPA ICR No. 574). This action does not impose any
burden requiring additional OMB approval. If an entity were to submit a
SNUN to the Agency, the annual burden is estimated to average between
30 and 170 hours per response. This burden estimate includes the time
needed to review instructions, search existing data sources, gather and
maintain the data needed, and complete, review, and submit the required
SNUN.
    The listing of the OMB control numbers of the collection
instruments and their subsequent codification in the table in 40 CFR
9.1 satisfies the display requirements of the PRA and OMB's
implementing regulations at 5 CFR part 1320. Since this ICR was
previously subject to public notice and comment prior to OMB approval,
and given the technical nature of the table in 40 CFR part 9, EPA finds
that further notice and comment to amend it is unnecessary. As a
result, EPA finds that there is ``good cause'' under section
553(b)(3)(B) of the Administrative Procedure Act (5 U.S.C.
553(b)(3)(B)) to amend this table in 40 CFR 9.1 without further notice
and comment.

C. Regulatory Flexibility Act (RFA)

    Pursuant to the RFA section 605(b), 5 U.S.C. 601 et seq., I hereby
certify that promulgation of this SNUR would not have a significant
adverse economic impact on a substantial number of small entities. The
requirement to submit a SNUN applies to any person (including small or
large entities) who intends to engage in any activity described in the
final rule as a ``significant new use''. Because these uses are
``new,'' based on all information currently available to EPA, it
appears that no small or large entities presently engage in such
activities. A SNUR requires that any person who intends to engage in
such activity in the future must first notify EPA by submitting a SNUN.
Although some small entities may decide to pursue a significant new use
in the future, EPA cannot presently determine how many, if any, there
may be. However, EPA's experience to date is that, in response to the
promulgation of SNURs covering over 1,000 chemicals, the Agency
receives only a small number of notices per year. For example, the
number of SNUNs received was seven in Federal fiscal year (FY) 2013, 13
in FY2014, six in FY2015, 12 in FY2016, 13 in FY2017, and 11 in FY2018.
Only a fraction of these were from small businesses. In addition, the
Agency currently offers relief to qualifying small businesses by
reducing the SNUN submission fee from $16,000 to $2,800. This lower fee
reduces the total reporting and recordkeeping of cost of submitting a
SNUN to about $10,116 for qualifying small firms. Therefore, the
potential economic impacts of complying with

this SNUR are not expected to be significant or adversely impact a
substantial number of small entities. In a SNUR that published in the
Federal Register of June 2, 1997 (62 FR 29684) (FRL-5597-1), the Agency
presented its general determination that final SNURs are not expected
to have a significant economic impact on a substantial number of small
entities, which was provided to the Chief Counsel for Advocacy of the
Small Business Administration.

D. Unfunded Mandates Reform Act (UMRA)

    Based on EPA's experience with proposing and finalizing SNURs,
State, local, and Tribal governments have not been impacted by these
rulemakings, and EPA does not have any reasons to believe that any
State, local, or Tribal government will be impacted by this action. As
such, EPA has determined that this action does not impose any
enforceable duty, contain any unfunded mandate, or otherwise have any
effect on small governments subject to the requirements of UMRA
sections 202, 203, 204, or 205 (2 U.S.C. 1501 et seq.).

E. Executive Order 13132: Federalism

    This action will not have federalism implications because it is not
expected to have a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999).

F. Executive Order 13175: Consultation and Coordination With Indian
Tribe Governments

    This action will not have Tribal implications because it is not
expected to have substantial direct effects on Indian Tribes,
significantly or uniquely affect the communities of Indian Tribal
governments, and does not involve or impose any requirements that
affect Indian Tribes. Accordingly, the requirements of Executive Order
13175 (65 FR 67249, November 9, 2000), do not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997), because this is not an economically significant
regulatory action as defined by Executive Order 12866, and this action
does not address environmental health or safety risks
disproportionately affecting children.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because this action is not expected to affect energy
supply, distribution, or use and because this action is not a
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Since this action does not involve any technical standards, NTTAA
section 12(d) (15 U.S.C. 272 note), does not apply to this action.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    This action does not entail special considerations of environmental
justice related issues as delineated by Executive Order 12898 (59 FR
7629, February 16, 1994).

K. Congressional Review Act (CRA)

    This action is subject to the CRA (5 U.S.C. 801 et seq.), and EPA
will submit a rule report containing this rule and other required
information to each House of the Congress and to the Comptroller
General of the United States. This action is not a ``major rule'' as
defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.

    Dated: May 25, 2021.
Tala Henry,
Deputy Director, Office of Pollution Prevention and Toxics.

    Therefore, for the reasons stated in the preamble, 40 CFR chapter I
is amended as follows:

PART 721--SIGNIFICANT NEW USES OF CHEMICAL SUBSTANCES

0
1. The authority citation for part 721 continues to read as follows:

    Authority: 15 U.S.C. 2604, 2607, and 2625(c).

0
2. Amend Sec.  721.983 by revising paragraphs (a)(1) and (a)(2)(ii) to
read as follows:

Sec.  721.983  Sulfonyl azide intermediate (generic).

    (a) * * * (1) The chemical substance identified generically as
sulfonyl azide intermediate (PMN P-99-1202 and SNUN S-15-6) is subject
to reporting under this section for the significant new uses described
in paragraph (a)(2) of this section.
    (2) * * *
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(f). It is a significant new use to import,
process, or use this chemical substance as a powder unless less than 1%
of particles by weight are less than 200 microns.
* * * * *

0
3. Amend Sec.  721.9675 by revising paragraphs (a)(1), (a)(2)(i),
(a)(2)(ii) and (b)(1) to read as follows:

Sec.  721.9675  Titanate [Ti6O13 (2-)], dipotassium.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as titanate [Ti6O13
(2-)], dipotassium (PMN P-90-226; SNUNs P-96-1408, S-08-6, S-09-4, S-
13-49, S-16-5, and S-17-6; CAS No. 12056-51-8) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
    (2) * * *
    (i) Protection in the workplace. For manufacturing, processing, and
use of SN-17-6: Requirements as specified in Sec.  721.63(a)(4), (5),
(6), and (c). When determining which persons are reasonably likely to
be exposed as required for Sec.  721.63(a)(4), engineering control
measures (e.g., enclosure or confinement of the operation, general and
local ventilation) or administrative control measures (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible. For purposes of Sec.  721.63(a)(5),
respirators must provide a National Institute for Occupational Safety
and Health assigned protection factor of at least 10. For purposes of
Sec.  721.63(a)(6), the airborne form(s) of the substance include
particulate (including solid or liquid droplets).
    (A) As an alternative to the respirator requirements in paragraph
(a)(2)(i) of this section, a manufacturer or processor may choose to
follow the new chemical exposure limit (NCEL) provision listed in the
TSCA section 5(e) consent order for this substance. The NCEL is 0.8 mg/
m\3\ as an 8-hour time weighted average. Persons who wish to pursue
NCELs as an alternative to Sec.  721.63 respirator requirements may
request to do so under Sec.  721.30. Persons whose Sec.  721.30
requests to use the NCELs approach are approved by EPA will be required
to follow NCELs provisions comparable to those contained in the
corresponding TSCA section 5(e) consent order.
    (B) [Reserved]

    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(f) and (l). In addition, a significant new
use of the substance is importation of the chemical substance if:
    (A) Manufactured by other than the method described in
premanufacture notice P-90-226 and significant new use notices P-96-
1408, S-08-6, S-09-4, S-13-49, S-16-5, and S-17-6.
    (B) Manufactured producing respirable, acicular fibers with an
average aspect ratio of greater than 5. The average aspect ratio is
defined as the ratio of average length to average diameter. For
manufacture of S-17-6: Manufacture with a particle size distribution
containing greater than 30% of particles less than 10 microns.
    (b) * * *
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (d) and (i) are applicable to manufacturers and
processors of this substance.
* * * * *

0
4. Amend Sec.  721.10288 by revising paragraphs (a)(1) and (a)(2)(i) to
read as follows:

Sec.  721.10288  Cyclohexane, oxidized, by-products from, distn.
residues.

    (a) * * * (1) The chemical substance identified as cyclohexane,
oxidized, by-products from, distn. residues (PMN P-11-316; CAS No.
1014979-92-0) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
    (2) * * *
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4) and (c)(4), where N=470.
* * * * *

0
5. Amend Sec.  721.10432 by:
0
a. Revising paragraphs (a)(1), (a)(2)(i) and (a)(2)(ii);
0
b. Adding paragraphs (a)(2)(iii) and (iv); and
0
c. Revising paragraph (b)(1).
    The revisions and additions read as follows:

Sec.  721.10432  1,2,4,5,7,8-Hexoxonane, 3,6,9-triethyl-3,6,9-
trimethyl-.

    (a) * * * (1) The chemical substance identified as 1,2,4,5,7,8-
hexoxonane, 3,6,9-triethyl-3,6,9-trimethyl- (PMN P-98-1028 and SNUNs S-
14-9, S-17-12, and S-17-15; CAS No. 24748-23-0) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
    (2) * * *
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(3) through (5), (a)(6)(v), (b), and (c). When
determining which persons are reasonably likely to be exposed as
required for Sec.  721.63(a)(1) and (4), engineering control measures
(e.g., enclosure or confinement of the operation, general and local
ventilation) or administrative control measures (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible. For purposes of Sec.  721.63(a)(5),
respirators must provide a National Institute for Occupational Safety
and Health assigned protection factor of at least 50. For purposes of
Sec.  721.63(b), the concentration is set at 1.0%.
    (ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (f), (g)(1) through (3), (g)(4)(i), and (g)(5). For
purposes of Sec.  721.72(e), the concentration is set at 1.0%. For
purposes of Sec.  721.72(g)(1), the required human health hazard
statements include: Internal organ effects; reproductive effects;
allergic skin reaction. For purposes of Sec.  721.72(g)(2), the
required human health precautionary statements include: Use skin
protection; where engineering controls are not determined to be
adequate, use respiratory protection. For purposes of Sec.
721.72(g)(3), the required environmental hazard statements include:
This substance may cause long lasting harmful effects to aquatic life.
Alternative hazard and warning statements that meet the criteria of the
Globally Harmonized System and OSHA Hazard Communication Standard may
be used.
    (iii) Industrial commercial, and consumer activities. It is a
significant new use to process or use the substance with an application
method that generates a mist, vapor, or aerosol.
    (iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4) and (c)(4), where N=56.
    (b) * * *
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i), and (k) are applicable to manufacturers and
processors of this substance.
* * * * *

0
6. Amend Sec.  721.10907 by revising paragraphs (a)(1) and (a)(2)(i) to
read as follows:

Sec.  721.10907  Polyfluorohydrocarbon (generic).

    (a) * * * (1) The chemical substance identified generically as
polyfluorohydrocarbon (PMN P-15-326 and SNUN S-17-11) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
    (2) * * *
    (i) Industrial commercial, and consumer activities. Requirements as
specified in Sec.  721.80(o). It is a significant new use to use the
substance other than for the confidential uses described in PMN P-15-
326 and SNUN S-17-11.
* * * * *

0
7. Amend Sec.  721.10922 by:
0
a. Revising paragraphs (a)(1), (a)(2)(i) and (a)(2)(ii);
0
b. Adding paragraphs (a)(2)(iii) and (iv);
0
c. Revising paragraph (b)(1); and
0
d. Removing paragraph (b)(3).
    The revisions and additions read as follows:

Sec.  721.10922  1,2,4,5,7,8-Hexoxonane, 3,6,9-trimethyl-, 3,6,9-
tris(alkyl) derivs. (generic).

    (a) * * * (1) The chemical substance identified generically as
1,2,4,5,7,8-hexoxonane, 3,6,9-trimethyl-, 3,6,9-tris(alkyl) derivs.
(PMN P-15-607 and SNUN S-17-13) is subject to reporting under this
section for the significant new uses described in paragraph (a)(2) of
this section.
    (2) * * *
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(3) through (5), (a)(6)(v), (b), and (c). When
determining which persons are reasonably likely to be exposed as
required for Sec.  721.63(a)(1) and (4), engineering control measures
(e.g., enclosure or confinement of the operation, general and local
ventilation) or administrative control measures (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible. For purposes of Sec.  721.63(a)(5),
respirators must provide a National Institute for Occupational Safety
and Health assigned protection factor of at least 50. For purposes of
Sec.  721.63(b), the concentration is set at 1.0%.
    (ii) Hazard communication. Requirements as specified in Sec.
721.72(a) through (f), (g)(1) through (3), (g)(4)(i), and (g)(5). For
purposes of Sec.  721.72(e), the concentration is set at 1.0%. For
purposes of Sec.  721.72(g)(1), the required human health hazard
statements include: Internal organ effects; reproductive effects;
allergic skin reaction. For purposes of Sec.  721.72(g)(2), the
required human health precautionary statements include: Use skin
protection; where engineering controls are not determined to be
adequate, use respiratory protection. For purposes of Sec.
721.72(g)(3), the required environmental hazard statements include:
This substance may cause long lasting harmful effects to aquatic life.
Alternative hazard and warning statements that meet the criteria of the

Globally Harmonized System and OSHA Hazard Communication Standard may
be used.
    (iii) Industrial commercial, and consumer activities. It is a
significant new use to process or use the substance with an application
method that generates a mist, vapor, or aerosol.
    (iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4) and (c)(4), where N=56.
    (b) * * *
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this substance.
* * * * *
[FR Doc. 2021-11768 Filed 6-4-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 170 (Wednesday, September 3, 2014)]
[Notices]
[Page 52317]
[FR Doc No: 2014-20852]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR14-39-000]

Whiting Oil and Gas Corporation; Notice of Petition for Waiver

    Take notice that on August 12, 2014, pursuant to Rule 207(a)(2) of
the Commission's Rules of Practices and Procedure, 18 CFR
385.207(a)(2)(2014), Whiting Oil and Gas Corporation filed a petition
requesting temporary waiver of the Interstate Commerce Act Section 6
and Section 20 tariff filing and reporting requirements applicable to
interstate common carrier pipelines with respect to its natural gas
liquids pipeline, as more fully explained in the petition.
    Any person desiring to intervene or to protest in this proceedings
must file in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or
before 5:00 p.m. Eastern time on the specified comment date. It is not
necessary to separately intervene again in a subdocket related to a
compliance filing if you have previously intervened in the same docket.
Protests will be considered by the Commission in determining the
appropriate action to be taken, but will not serve to make protestants
parties to the proceeding. Anyone filing a motion to intervene or
protest must serve a copy of that document on the Petitioner.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.
    Comments: 5:00 p.m. Eastern Time on September 11, 2014.

    Dated: August 26, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-20852 Filed 9-2-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 28, 2005 (Volume 70, Number 227)]
[Notices]
[Page 71347-71352]
[DOCID:fr28no05-102]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52808; File No. SR-NFA-2005-01]

Self-Regulatory Organizations; National Futures Association;
Notice of Filing and Immediate Effectiveness of Proposed Amendments to
the Interpretive Notice to NFA Compliance Rule 2-9: Enhanced
Supervisory Requirements.

November 18, 2005.
    Pursuant to Section 19(b)(7) of the Securities Exchange Act of 1934
(``Exchange Act''),\1\ and Rule 19b-7 under the Exchange Act,\2\ notice
is hereby given that on September 19, 2005, National Futures
Association (``NFA'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change described in Items
I, II, and III below, which Items have been prepared by NFA. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(7).
    \2\ 17 CFR 240.19b-7.
---------------------------------------------------------------------------

    NFA also submitted the proposed rule change to the Commodity
Futures Trading Commission (``CFTC'') on September 19, 2005 for
approval. The CFTC has not yet given such approval.

I. Self-Regulatory Organization's Description of the Proposed Rule
Change

    Section 15A(k) of the Exchange Act \3\ makes NFA a national
securities association for the limited purpose of regulating the
activities of Members who are registered as brokers or dealers in
security futures products under Section 15(b)(11) of the Exchange
Act.\4\ NFA's Interpretive Notice entitled ``Compliance Rule 2-9:
Enhanced Supervisory Requirements'' (``Notice'') applies to all Members
who meet the criteria and could apply to Members registered under
Section 15(b)(11).
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78o-3(k).
    \4\ 15 U.S.C. 78o(b)(11).
---------------------------------------------------------------------------

    The Notice requires a Member to adopt certain enhanced supervisory
procedures (``Requirements'') if its sales force includes a specified
number of associated persons (``APs'') who have worked at Disciplined
Firms. NFA's Special Committee to Study Customer Protection Issues
recently recommended changes to the Notice to resolve some emergent
loopholes in the Requirements and further prevent abusive sales
practices. The Board's changes:
     Automatically reimpose the Requirements on any firm that,
having already completed a term under the Requirements, becomes subject
to an NFA or CFTC enforcement action alleging sales practice abuses;
     Change the current obligation under the Requirements so
that a firm may petition to have the Requirements lifted or modified
after two years rather than automatically terminating;
     Add a provision designed to address issues related to
firms avoiding the Requirements by making sham changes to entities and
personnel when they become subject to the Requirements;
     Include listed principals who have previously worked for
Disciplined Firms in the population used to calculate whether a Member
firm has triggered an obligation to operate under the Requirements; and
     Exclude APs who worked at Disciplined Firms for less than
sixty days more than five years ago from having to be counted for
purposes of calculating whether a Member who hires such an individual
is required to adopt the Requirements.
    Below is the text of the proposed amendments to the Notice.
Proposed new language is in italics; proposed deletions are in
[brackets].
* * * * *

Interpretive Notice

Compliance Rule 2-9: Enhanced Supervisory Requirements
    Over the years, NFA's Board of Directors has adopted strict and
effective rules to prohibit deceptive sales practices, and those rules
have been vigorously enforced by NFA's Business Conduct Committees. The
Board notes, however, that by their very nature, enforcement actions
occur after the customer abuse has taken place. The Board recognizes
that NFA's goal must be not only to punish such deception of customers
through enforcement actions

but to prevent it, or minimize its likelihood, through fair and
effective regulation.
    One NFA rule designed to prevent abusive sales practices is NFA
Compliance Rule 2-9. Subsection (a) of this rule places a continuing
responsibility on every Member to supervise diligently its employees
and agents in all aspects of their futures activities, including sales
practices. Although NFA has not attempted to prescribe a set of
supervisory procedures to be followed by all NFA Members, NFA's Board
of Directors believes that Member firms which are identified as having
a sales force that has received questionable training in sales
practices should be required to adopt specific supervisory procedures
designed to prevent sales practice abuse. Subsection (b) authorizes the
Board of Directors to require Members, which meet certain criteria
established by the Board, to adopt specific supervisory procedures
designed to prevent abusive sales practices. Subsection (b) covers all
activities regulated by NFA, including the off-exchange retail forex
activities of Members subject to NFA Compliance Rule 2-36.
    The Board believes that in order for the criteria used to identify
firms subject to the enhanced supervisory requirements to be useful,
those criteria must be specific, objective and readily measurable. The
Board also believes that any supervisory requirements imposed on a
Member must be designed to quickly identify potential problem areas so
that the Member will be able to take corrective action before any
customer abuse occurs. The purpose of this Interpretive Notice is to
set forth the criteria established by the Board and the enhanced
supervisory procedures which are required of firms meeting these
criteria.
    In developing the criteria, the Board concluded that it would be
helpful to review Member firms which had been closed through
enforcement actions taken by the CFTC or NFA for deceptive sales
practices. The Board's purpose was to identify factors common to these
Member firms and probative of their sales practice problems, which
could be used to identify other Member firms with potential sales
practice problems.
    One factor identified by the Board as common to these firms and
directly related to their sales practice problems is the employment
history and training of their sales forces. For many of these Members,
a significant portion of their sales force was previously employed and
trained by one or more of the other Member firms closed for fraud. The
Board believes that the employment history of a Member's sales force
and principals is a relevant factor to consider in identifying firms
with potential sales practice problems. If a Member firm is closed by
NFA or the CFTC for fraud related to widespread telemarketing or
promotional material problems or a firm is closed by NASD or the SEC
for fraud related to its sales practices regarding security futures
products as defined in Section 1a(32) of the Commodity Exchange Act
(``Act''), it is reasonable to conclude that the training and
supervision of its sales force was wholly inadequate or inappropriate.
It is also reasonable to conclude that an AP who received inadequate or
inappropriate training and supervision may have learned improper sales
tactics, which he will carry with him to his next job. Therefore, the
Board believes that a Member firm employing such a sales force must
have stringent supervision procedures in place in order to ensure that
the improper training its APs have previously received does not taint
their sales efforts on behalf of the Member.
    The Board has determined that a Member will be required to adopt
the specific supervisory procedures over its sales practice activities
if:
     For firms with less than five APs, 2 or more of its APs
have been employed by one or more Member firms which have been
disciplined by NFA or the CFTC (or one or more firms disciplined by any
securities industry self-regulatory organization or the SEC in matters
involving security futures products) for sales practice fraud
(``Disciplined Firms'');
     For firms with at least 5 but less than 10 APs, 40 percent
or more of its APs have been employed by one or more Disciplined Firms;
     For firms with at least 10 but less than 20 APs, four or
more of its APs have been employed by one or more Disciplined Firms; or
     For firms with at least 20 APs, 20 percent or more of its
APs have been employed by one or more Disciplined Firms.
    The Board also takes note that there have been instances in which
Members and Associates have subverted the Board's purpose in imposing
the enhanced supervisory procedures by closing a firm once it qualifies
for those procedures and opening another firm or firms that have a mix
of APs that does not meet the criteria for adopting the procedures. The
new firms typically have APs who have worked for Disciplined Firms and
who worked at the original firm, but they are redistributed so as to
keep the AP mix below the threshold for becoming subject to the
enhanced supervisory procedures. This strategy deprives the very APs
whose questionable training backgrounds gave rise to the creation of
the enhanced supervisory procedures of the benefits of those
procedures. Therefore, the Board has determined to further ensure that
the benefits of the enhanced supervisory procedures are applied where
they are of the greatest effect. Once a Member firm triggers the
aforementioned criteria and becomes obligated to adopt the enhanced
supervisory procedures, any other Members of which the principals of
that Member firm are, or become, principals must also adopt the
enhanced supervisory procedures or seek a waiver therefrom. In
addition, for purposes of determining whether a Member will be required
to adopt the enhanced supervisory procedures, principals of a firm, who
are not also APs of that firm and who have been previously employed as
an AP by one or more Disciplined Firms, shall be counted with the
firm's APs in determining whether the firm meets the aforementioned
criteria.
    Additionally, for purposes of determining whether a futures
commission merchant (``FCM'') Member firm meets this requirement, an
FCM and its guaranteed introducing brokers (``GIBs'') will be
considered a single firm. Therefore, for FCMs with GIBs, the APs of its
GIBs will be treated as APs of the FCM for determining whether the FCM
meets the requirements. If the FCM Member firm meets the requirements,
then the FCM and all its GIBs shall be required to adopt the
supervisory procedures specified herein. Of course, individual FCMs or
GIBs will be required to adopt the enhanced supervisory procedures
provided the FCM or GIB meets the requirements on its own.
    The Board recognizes that there is a group of APs who worked at
Disciplined Firms for only a short period of time many years ago and
who have not worked at any Disciplined Firm since. The Board's review
of the employment and disciplinary histories of such individuals
suggests that APs who served a very brief tenure with Disciplined Firms
more than [10] five years in the past do not raise the same concerns
regarding their previous supervision and training that are raised by
APs who have worked at Disciplined Firms for longer periods or at a
more recent point in time. Therefore, the Board has determined that APs
who have been previously employed by Disciplined Firms for a cumulative
total of less than 60 days and who, in addition, have not been employed
by

any Disciplined Firm during the [10] 5 years preceding the
determination of whether a Member firm is required to employ the
enhanced supervisory procedures established in this Interpretive Notice
shall not be counted for purposes of calculating whether the
composition of a firm's sales force triggers enhanced supervisory
requirements.
    For purposes of this requirement, a Disciplined Firm is defined
very narrowly to include those firms that meet the following three
criteria:
    1. the firm has been formally charged by either the CFTC or NFA
with deceptive telemarketing practices or promotional material;
    2. those charges have been resolved; and
    3. the firm has been permanently barred from the industry as a
result of those charges.
    In addition, a Disciplined Firm shall be defined to include any
broker-dealer that, in connection with sales practices involving the
offer, purchase, or sale of any security futures product as defined in
Section 1a (32) of the Act has been expelled from membership or
participation in any securities industry self-regulatory organization
or is subject to an order of the SEC revoking its registration as a
broker-dealer.
    Attached is a list of firms currently meeting the definition of a
Disciplined Firm. Although this list is current as of the date of this
Interpretive Notice, NFA [will provide] provides Members with an
updated [lists] list [as necessary] on its website at
http://www.nfa.futures.org.

    Any Member firm meeting these criteria will be required either to
operate pursuant to a guarantee agreement or maintain an adjusted net
capital of at least $250,000 for the entire period during which the
Member is required to tape record its sales solicitations. Any Member
opting to maintain the higher level of adjusted net capital would also
be subject to the financial record-keeping and reporting requirements
applicable to FCMs. Eligible guarantor futures commission merchants are
those that meet the eligibility requirements for executing a
Supplemental Guarantor Certification Statement pursuant to NFA
Registration Rule 504(a)(2)(B). The Board believes that requiring these
Members to operate pursuant to a guarantee agreement will likely
improve the overall level of supervision at these firms.
    Those Member firms meeting the criteria will be required to tape
record all telephone conversations that occur between their APs and
both existing and potential customers, including existing and potential
retail forex customers of Members subject to NFA Compliance Rule 2-36.
The Board believes that tape recording these conversations provides
these Members with the best opportunity to monitor closely the
activities of their APs and also provides these Members with complete
and immediate feedback on each AP's method of soliciting customers.
Members that are required to tape their conversations [meeting the
criteria must tape record these conversations for a period of two years
and] must retain such tapes for a period of five years from the date
each tape is created and the tapes shall be readily accessible during
the first two years of the five-year period. In retaining the tape
recorded conversations, Member firms must catalog the tapes by AP and
date. Additionally, any Member firm meeting the criteria must require
all its APs to maintain a daily log for sales solicitations which
reflects at a minimum the identity of each customer or prospective
customer the AP spoke with on each day. A Member firm must be able to
promptly produce, upon request from NFA or the CFTC, all conversations
relating to a specific AP, and only that AP, for a given date.
    In addition, [for a period of two years,] those Member firms
meeting the criteria will be required to file all promotional material,
as defined in NFA Compliance Rule 2-29(i), with NFA at least 10 days
prior to its first use.
    Those Members meeting the criteria shall have written supervisory
procedures that include the titles, registration status and locations
of the firm's supervisory personnel as these relate to the firm's
commodity futures business, retail forex business, and applicable
securities laws and regulations for the trading of security futures
products. Member firms shall also maintain on an internal record the
names of all persons who are designated as supervisory personnel and
the dates for which the designation is or was effective. Additionally,
a Member meeting the criteria shall by the 30th day of the month
following the end of each calendar quarter file with NFA's Compliance
Department a report relating to the Member firm's compliance with the
supervisory requirements contained herein. Member firms shall retain
the internal record and report(s) for a period of five years, the first
two years in an easily accessible place.
    If an NFA Business Conduct Committee disciplinary proceeding or
Commodity Futures Trading Commission enforcement proceeding has been
filed against a Member firm required to adopt these enhanced
supervisory procedures, then the enhanced supervisory procedures will
remain in effect for the applicable time period specified or until
after the disciplinary or enforcement proceeding is closed and all
appeals are completed or the time for appeal has passed without an
appeal being filed or perfected, whichever occurs latest. In addition,
any Member that: has previously been required to adopt the enhanced
supervisory procedures; has, in fact, fulfilled that requirement either
by adopting the enhanced supervisory procedures for a prescribed period
or by receiving a full or partial waiver from the enhanced supervisory
procedures from the Telemarketing Procedures Waiver Committee; and
subsequently becomes subject to a Commodity Futures Trading Commission
or NFA enforcement or disciplinary proceeding alleging deceptive sales
practices, shall, within 30 days of being served with notice of the
action, initiate all of the enhanced supervisory procedures and may not
seek a waiver therefrom. This obligation shall continue until after the
disciplinary or enforcement proceeding is closed and all appeals are
completed or the time for appeal has passed without an appeal being
filed or perfected. Member firms shall be required to retain tapes for
the five-year period as specified above.
    Any Member required to adopt these enhanced procedures may seek a
waiver of the enhanced supervisory requirements by filing a petition
with the Telemarketing Procedures Waiver Committee within 30 days of
the date of being notified by NFA that it is required to adopt the
enhanced procedures. NFA may grant such a waiver upon a satisfactory
showing that the Member's current supervisory procedures provide
effective supervision over its employees, including enabling the Member
to identify potential problem areas before customer abuse occurs.
Additionally, if a Member meets the criteria and trades security
futures products, then the Member firm must also make a satisfactory
showing that the Member's supervisory procedures ensure compliance with
all applicable securities laws and regulations. Should a Member fail to
file a petition seeking a waiver within 30 days or should it file a
petition that is denied by the Telemarketing Procedures Waiver
Committee, either in whole or in part, the Member may not petition for
a full or partial waiver again until at least two years have elapsed
since the Member adopted the required enhanced procedures.
    Some of the factors that the three-member Waiver Committee may

consider in evaluating a waiver request include:
     The total number of APs sponsored by the Member;
     Number of branch offices and GIBs operated by the Member;
     The experience and background of the Member's supervisory
personnel;
     The number of the Member's APs who had received training
from firms which have been closed for fraud, the length of time those
APs worked for those firms and the amount of time which has elapsed
since those APs worked for the disciplined firms;
     The results of any previous NFA examinations; and
     The cost effectiveness of the taping requirement in light
of the firm's net worth, operating income and related telemarketing
expenses.
    Conditions that the Telemarketing Procedures Waiver Committee shall
impose on any Member to which it grants a full or partial waiver
include requirements that the firm: Notify NFA of any action charging
the firm with a violation of Commodity Futures Trading Commission or
Self Regulatory Organization (``SRO'') regulations or rules; notify NFA
of any customer complaint involving sales practices or promotional
material; not change ownership; not have any material deficiencies
noted during any SRO examination; not hire additional APs from
Disciplined Firms; execute a written acknowledgement that the firm
understands the conditions of the waiver; and may include any other
conditions deemed by the Committee to be appropriate in furtherance of
the effectiveness of the enhanced supervisory procedures. Violation of
any of those conditions may serve as cause for the Telemarketing
Procedures Waiver Committee to review and amend or revoke the waiver.
    A Member firm that does not comply with this Interpretive Notice
will violate NFA Compliance Rule 2-9(b) and will be subject to
disciplinary action.
* * * * *

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

    In its filing with the Commission, NFA has prepared statements
concerning the purpose of, and basis for, the proposed rule change,
burdens on competition, and comments received from Members,
participants, and others. The text of these statements may be examined
at the places specified in Item IV below. NFA 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
a. Reimposing the Requirements on Members That Have Previously
Satisfied an Obligation to Abide by Those Requirements and are
Subsequently Charged in a CFTC or NFA Enforcement Action
    In 1996, NFA's Board amended the Notice to provide that, if a
Member that is currently subject to the Requirements becomes subject to
a CFTC or NFA enforcement proceeding, the Requirements will remain in
place for two years or until after the disciplinary or enforcement
proceeding is concluded, whichever is longer. This provision does not,
however, apply to Members that have already served full two-year
tenures under the Requirements when one of those firms is subsequently
charged in an enforcement action by the CFTC or NFA.
    The practical effect of the current system is that some Members,
with a number of APs from Disciplined Firms, that are charged by the
CFTC or NFA in actions alleging fraudulent sales practices have a
significant window of time during the pendency of the action to
continue soliciting the public without any requirement to adopt
additional prophylactic measures such as taping. Of course, in
appropriate cases, prophylactic measures may be imposed as part of the
ultimate resolution of the CFTC's or NFA's action, but it can take many
months, or even years in cases that go through multiple layers of
appeals, to resolve such actions.
    There are at least three current NFA Members that served full terms
under the Requirements and were subsequently charged in enforcement
proceedings. It is worth noting that each of those firms still retains
a sales force with histories at Disciplined Firms such that they would
require the adoption of the Requirements but for the fact that they
have already served the term of their obligation under the Notice. In
fact, at one time, one of these firms actually featured its purported
immunity from further taping requirements as an inducement in a
recruitment advertisement contained in a South Florida newspaper.
    A review of one firm's history illustrates the differences in the
operations of the present system and the system being proposed. This
firm has been an introducing broker (``IB'') NFA Member since August
1994. The NFA required the Member to adopt the Requirements from
February 1995 through February 1997, when it was automatically
discharged of the Requirements.
    NFA then issued a Complaint alleging deceptive sales practices
against the firm in April 1998. A settled Decision was issued at that
same time which, among other penalties, required the firm to tape all
solicitations from April 1998 through April 2000. NFA issued a second
deceptive sales practice Complaint against the firm in January 2002,
which was resolved in March 2003.
    Because the firm had already fulfilled its obligation under the
Notice from 1995 to 1997, it was not required under the current system
to tape conversations with customers during the pendency of NFA's 2002
Complaint. This gave the firm a 14-month window to solicit the public
without any obligation under the Notice to adopt the enhanced
supervisory procedures--including taping. Incidentally, during this
time, the firm continued to have a mix of APs that otherwise would have
triggered the Requirements. The proposed amendments to the Notice would
have required the firm to observe all of the Telemarketing
Requirements, including taping all customer solicitations, from the
time that the 2002 Complaint was initiated until that Complaint was
completely resolved in March 2003.
    The guiding principle in creating and refining the Requirements has
always been to improve the overall level of supervision at those few
Member firms which are likely to cause sales practice problems. When a
firm that has already operated under the Requirements for two years
because of the questionable backgrounds of its APs subsequently becomes
subject to an NFA or CFTC enforcement action for sales practice abuses,
there is a clear indication that the firm is, indeed, part of the group
that is likely to cause sales practice problems and that it is prudent
to require the firm to improve its level of supervision.
    The proposed amendments to the Notice provide that any firm that
has previously been required to abide by the Requirements but has
fulfilled its obligation--either by abiding by the Requirements under
the Notice as it currently stands or by successfully petitioning the
Telemarketing Procedures Waiver Committee (``Waiver Committee'') to
have the Requirements lifted or modified--would again become subject to
the Requirements during the

pendency and through appeals of a new CFTC or NFA enforcement action.
b. Requiring Telemarketing Firms To Abide by the Telemarketing
Requirements Until They are Granted a Complete or Partial Waiver by the
Telemarketing Procedures Waiver Committee
    Currently, the obligation to abide by the enhanced procedures runs
for two years, at which time it terminates automatically in most
circumstances. The proposed amendments make it more likely that firms
that continue to pose problems would remain subject to the Requirements
for longer than the current two-year tenure provided for in the Notice.
The modification puts the burden on Member Firms triggering the
criteria to demonstrate that a waiver from the Requirements is
warranted after two years rather than automatically discharging the
obligation to abide by the Requirements once the two years has passed.
    The amendments also provide that a Member firm has 30 days to seek
a waiver from the Waiver Committee after it first employs an AP mix
that would trigger the Requirements.\5\ If the Waiver Committee denies
the initial petition or no petition is filed, the firm would not be
eligible to petition for a waiver again until it had served a full two
years under the Requirements. Any waiver would be subject to conditions
that, if violated, could subject the firm to revocation of the waiver
by the Waiver Committee.\6\ This additional component gives the Waiver
Committee the flexibility to revisit the issue of whether a waiver is
still warranted when there is a material change in the firm's
organization or regulatory status.
---------------------------------------------------------------------------

    \5\ The Notice provides that some of the factors that the Waiver
Committee may consider in evaluating a Member's waiver request
include: The number of APs; the number of branch offices and GIBs;
the experience and background of supervisory personnel; the number
of APs who received training at Disciplined Firms, the time those
APs worked for those firms and the amount of time which has passed
since they worked for Disciplined Firms; The results of previous NFA
examinations; and the cost effectiveness of taping.
    \6\ The conditions include requirements that the firm: Notify
NFA of any action charging the firm with a violation of CFTC or SRO
regulations or rules; Notify NFA of any customer complaint involving
sales practices or promotional material; not change ownership; not
have any material deficiencies noted during any SRO examination; not
hire additional APs from Disciplined Firms; and execute a written
acknowledgement that the firm understands the conditions of the
waiver, and may include any other conditions deemed by the Waiver
Committee to be appropriate in furtherance of the effectiveness of
the enhanced supervisory procedures.
---------------------------------------------------------------------------

c. Combating Sham Transactions and Including Principals Who Have Worked
at Disciplined Firms in Calculating Whether a Member Firm has Qualified
Under the Requirements
    The principals of several firms that have triggered the
Requirements have avoided them by simply closing their firms and
opening other firms that have a mix of APs that do not trigger an
obligation to abide by the Requirements. The new firms typically have
APs from the closed firm who have worked at Disciplined Firms, but
their ratios to the overall AP population of the new firms are below
the triggering point for imposing the Requirements.
    For example, one firm, which had been an NFA Member IB since 1987,
met the Requirements in March 2004. One particular individual had been
the firm's principal and an AP of the firm since May 1987. The firm
petitioned the Waiver Committee for a complete waiver from any
obligation to abide by the Requirements. Although that Waiver Committee
gave the firm a partial waiver by reducing the firm's required minimum
adjusted net capital from $250,000 to $100,000, it did not waive the
taping or other obligations.
    Rather than having the firm abide by the Requirements, the
individual simply withdrew the firm from NFA membership and created two
new firms. Neither of those firms triggered the Requirements because
the individual kept their AP populations below the triggering points by
judiciously splitting APs from Disciplined Firms between the two firms.
In addition, while the individual is a principal of both firms, he did
not register as an AP of either of them. By so doing, he was able to
avoid being personally counted as an AP from a Disciplined Firm for
purposes of determining whether either firm had an AP population that
triggered the Requirements.
    The firm's use of a sham reorganization to avoid triggering the
Requirements is not unique. NFA is aware of several other firms that
have used similar tactics to avoid the Requirements.
    NFA has developed a twofold approach to combat sham reorganizations
and transfers designed to avoid the Requirements. First, once a firm
has triggered the Requirements, then any other firms of which the
principals of the qualifying firm are also principals would become
subject to the Requirements.
    Second, individuals who are listed principals, but who are not APs
of the firm, will be included in the calculation for purposes of
determining whether a firm has triggered the Requirements if such
individuals have previously worked as an AP at a Disciplined Firm.
Principals who have not previously worked at a Disciplined Firm will
not be included in the calculation. Otherwise, a firm could name
``straw man'' principals, thereby increasing the firm's overall
calculation population and diluting the impact of the number of
individuals who have worked at Disciplined Firms.
    Counting non-AP principals who have been APs at Disciplined Firms
in the past will cause eight current Member firms to trigger the
Requirements. Collectively those firms have 12 individuals who are
listed as principals but are not currently registered as APs of their
respective firms. Those non-AP principals have worked as APs at 14
different Disciplined Firms in the past, and several of them have been
personally named in CFTC and NFA actions. At least three other former
Members would have been added during the past few years under the
proposed amendments to the Notice, except that the CFTC took injunctive
actions against them for sales practice violations and their NFA
memberships were withdrawn.
    Both of the successor firms resulting from the sham reorganization
described above would trigger the Requirements under either of NFA's
proposed amendments to the Notice. Since the principal of the original
firm is also a principal of the two successor firms, that fact would
automatically trigger the Requirements for those two firms. In
addition, since the individual previously worked at a Disciplined Firm
and is a non-AP principal of both successor firms, he would be included
in the calculation of whether the AP mix at these two firms triggered
the Requirements, which would result in a ratio that would trigger the
Requirements for both successor firms.
d. Individuals Who Had Brief Tenures at a Disciplined Firm a Number of
Years Ago
    In 2003, the Board amended the calculation of APs that would
trigger the Requirements to exclude APs who had worked at Disciplined
Firms for less than 60 days more than 10 years ago. The proposed
amendments to the Notice decrease the required time away from
Disciplined Firms to five years while retaining the requirement that
the individual must have worked a total of less than 60 days at
Disciplined Firms.
    Although their impact has been limited in terms of numbers, the
2003 modifications have had the desired effect of allowing a few firms
that hire

APs who worked at Disciplined Firms for less than 60 days more than ten
years ago to avoid triggering the Requirements. In fact, only two firms
would have triggered the Requirements under the former method but were
not so classified because of the 2003 modification, and neither has
been subject of any regulatory action. In its latest review of the
Requirements, NFA revisited the question of whether further
modifications can be prudently made to decrease the potential burden on
NFA's membership and the Waiver Committee. NFA studied data to examine
the effect of keeping the less than sixty days at a Disciplined Firm
requirement while reducing the time away from Disciplined Firms from
ten to five years.
    NFA's analysis showed that reducing the required period from 10
years to five years while maintaining the less 60 days cumulative
tenure at Disciplined Firms requirement yielded a population that is of
no more cause for concern than the present system. Approximately 1,280
individuals are exempted from being counted under the current system.
Reducing the required length of time away from a Disciplined Firm to
five years would add approximately 275 APs who would not have to be
counted in determining if a firm triggered the Requirements. As was the
case with the group that has been exempted under the current ten-year
test, the number of additional APs who would be exempted under the
proposed modification who have been subject to any kind of regulatory
action is small.\7\
---------------------------------------------------------------------------

    \7\ Ten individuals who have been subject to actions by NFA or
the CFTC are exempted from being included in the calculation of
whether a Member has become a Telemarketing Firm under the Notice's
current 10-year provision. The proposed modification to reduce the
required time away from a Disciplined Firm to more than five years
would exempt six additional individuals who have been subject to
actions by NFA or the CFTC. All charges against those individuals
have been resolved. None of the individuals has been permanently
barred from the industry and none of them are currently registered.
---------------------------------------------------------------------------

    Based upon this data, NFA believes that the triggering criteria as
currently set out in the Notice can be further refined to reduce the
burden on the membership while still imposing supervisory enhancements
on firms that pose a concern given the background of their APs and
principals at Disciplined Firms. Not including APs and principals who
served less than sixty cumulative days with Disciplined Firms more than
five years ago in calculating whether a Member is subject to enhanced
supervision would also serve the efficiency and fairness of the Waiver
Committee's function by removing a few non-problematic firms from the
waiver process.
2. Statutory Basis
    The rule change is authorized by, and consistent with, Section
15A(k) of the Exchange Act.\8\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78o-3(k).
---------------------------------------------------------------------------

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

    The rule change will not impose any burden on competition that is
not necessary or appropriate in furtherance of the purposes of the
Exchange Act and the Commodity Exchange Act.\9\
---------------------------------------------------------------------------

    \9\ 7 U.S.C. 1.
---------------------------------------------------------------------------

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

    NFA discussed the proposed rule change with its Special Committee
to Study Customer Protection Issues, which voted to recommend the
proposed rule change. NFA did not publish the proposed rule change to
the membership for comment. NFA did not receive comment letters
concerning the proposed rule change.

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

    The proposed rule change is not effective because the CFTC has not
approved the proposed rule change. Within 60 days of the date of
effectiveness of the proposed rule change, the Commission, after
consultation with the CFTC, may summarily abrogate the proposed rule
change and require that the proposed rule change be refiled in
accordance with the provisions of Section 19(b)(1) of the Exchange
Act.\10\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(1).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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 No. SR-NFA-2005-01 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-9303.
    All submissions should refer to File No. SR-NFA-2005-01. 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. Copies of such
filing will also be available for inspection and copying at the
principal office of the NFA. 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 No. SR-NFA-2005-01 and should be submitted on or before December
19, 2005.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(75).
---------------------------------------------------------------------------

Jonathan G. Katz,
Secretary.
 [FR Doc. E5-6558 Filed 11-25-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 79, Number 216 (Friday, November 7, 2014)]
[Notices]
[Page 66367]
[FR Doc No: 2014-26532]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9017-8]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or http://www.epa.gov/compliance/nepa/.

Weekly receipt of Environmental Impact Statements
Filed 10/27/2014 Through 10/31/2014
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

EIS No. 20140314, Draft EIS, HUD, CA, Potrero HOPE SF Master Plan
Project, Comment Period Ends: 12/22/2014, Contact: Eugene Flannery 415-
701-5598.
EIS No. 20140315, Final Supplement, BLM, AK, Alpine Satellite
Development Plan for the Proposed Greater Mooses Tooth One Development
Project, Review Period Ends: 12/08/2014, Contact: Bridget Psarianos
907-271-4208.
EIS No. 20140316, Second Draft Supplement, BOEM, AK, Chukchi Sea
Planning Area, Oil and Gas Lease Sale 193, Comment Period Ends: 12/22/
2014, Contact: Michael Routhier<PHONE_NUMBER>.
EIS No. 20140317, Final EIS, USACE, AL, Update of the Water Control
Manual for the Alabama-Coosa-Tallapoosa River Basin in Georgia and
Alabama, Review Period Ends: 12/08/2014, Contact: Lewis Sumner 251-694-
3857.
EIS No. 20140318, Draft EIS, USFS, CA, Green-Horse Habitat Restoration
and Maintenance Project, Comment Period Ends: 12/22/2014, Contact:
Jason Fallon<PHONE_NUMBER>.
EIS No. 20140319, Draft EIS, USFWS, CA, Measure M Natural Community
Conservation Plan/Habitat Conservation Plan, Comment Period Ends: 01/
29/2015, Contact: Jonathan Snyder<PHONE_NUMBER>.
EIS No. 20140320, Final Supplement, FTA, CA, Mid-Coast Corridor Transit
Project/Record of Decision, Contact: Alexander Smith<PHONE_NUMBER>.
Under MAP 21 Section 1319, FTA has issued a Final EIS and ROD.
Therefore, the 30-day review/wait period under NEPA does not apply to
the above action.

Amended Notices

EIS No. 20140264, Draft Supplement, FHWA, IL, US 30 (FAP 309), From IL-
136 to IL-40, Comment Period Ends: 11/10/2014, Contact: Catherine A.
Batey<PHONE_NUMBER>. Revision to the FR Notice Published 09/19/2014;
Extending Comment Period from 11/03/2014 to 11/10/2014.
EIS No. 20140281, Second Draft Supplement, FHWA, AK, Juneau Access
Improvements Project, Comment Period Ends: 11/25/2014, Contact: Tim
Haugh<PHONE_NUMBER>. Revision to the FR Notice Published 09/26/2014;
Extending Comment Period from 11/10/2014 to 11/25/2014.

    Dated: November 4, 2014.
Cliff Rader,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2014-26532 Filed 11-6-14; 8:45 am]
BILLING CODE 6560-50-P