[Federal Register Volume 87, Number 197 (Thursday, October 13, 2022)]
[Notices]
[Pages 62094-62095]
[FR Doc No: 2022-22231]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 10853-027]

Otter Tail Power Company; Notice of Application Accepted for
Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:

    a. Application Type: Request for temporary variance of Article 401.
    b. Project No: 10853-027.
    c. Date Filed: May 3, 2022.
    d. Applicant: Otter Tail Power Company (licensee).
    e. Name of Project: Otter Tail River Hydroelectric Project.
    f. Location: The project is located on the Otter Tail River, in
Otter Tail County, Minnesota. The project does not occupy federal
lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Darin Solberg, [email protected].
    i. FERC Contact: Margaret Noonan,<PHONE_NUMBER>,
[email protected].
    j. Deadline for filing comments, motions to intervene, and
protests: 30 days from the date of notice issuance.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at [email protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852. The first page of any filing should
include the docket number P-10853-027. Comments emailed to Commission
staff are not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: The applicant proposes a temporary
variance from the target water surface elevation requirements of
Article 401 of the license for Hoot Diversion Dam reservoir (1,256.00
mean sea level). The licensee states that over the past several months,
it had been unable to maintain the newly established target elevation
at the Hoot Diversion Dam reservoir due to (1) unusually low inflow
within the past year, requiring the licensee to cease hydropower
operations at Hoot Lake in order to maintain minimum flow in the
bypassed reach; and (2) the decommissioning of the Hoot Lake thermal
plant on May 31, 2021, which previously drew approximately 200 cubic
feet per second from Hoot Lake. With no outflow from Hoot Lake, the
reservoir levels in Hoot Lake and the Hoot Diversion Dam reservoir
equalized. The licensee lowered the elevation at Hoot Diversion Dam
reservoir by approximately 1.6 feet in response to prevent the water
level in Hoot Lake from rising above its maximum allowed elevation. The
licensee has been consulting with Minnesota Department of Natural
Resources to discuss possible engineering solutions to resolve the
reservoir elevation issue. To allow time for the licensee to consult,
design, and implement a solution, the licensee requests the variance
extend until December 31, 2022.
    l. Locations of the Application: This filing may be viewed on the
Commission's website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via email of new filings and issuances related to this or
other pending projects.

For assistance, call 1-866-208-3676 or email
[email protected], for TTY, call<PHONE_NUMBER>. Agencies may
obtain copies of the application directly from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: October 6, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-22231 Filed 10-12-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 179 (Friday, September 14, 2012)]
[Proposed Rules]
[Pages 56797-56798]
[FR Doc No: 2012-22467]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0492; FRL-9726-5]

Approval and Promulgation of Implementation Plans; California;
Determinations of Attainment for the 1997 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing determinations relating to 1997 8-hour ozone
nonattainment areas in California. First, EPA is proposing to determine
that six 8-hour ozone nonattainment areas in California (Amador and
Calaveras Counties, Chico, Kern County, Mariposa and Tuolumne Counties,
Nevada County, and Sutter County) (``six CA areas'') attained the 1997
8-hour ozone national ambient air quality standard (NAAQS) by their
applicable attainment dates. Second, in making these proposed
determinations for Mariposa and Tuolumne Counties and Nevada County,
EPA is also proposing to grant them one-year attainment date
extensions. Lastly, EPA is proposing to determine that the six CA areas
and the Ventura County 8-hour ozone nonattainment area in CA have
attained and continue to attain the 1997 8-hour ozone NAAQS based on
the most recent three years of data. Under the provisions of EPA's
ozone implementation rule, these proposed determinations suspend the
requirements for these areas to submit revisions to the state
implementation plan related to attainment of the 1997 8-hour ozone
standard for as long as these areas continue to meet the 1997 8-hour
ozone NAAQS.

DATES: Written comments must be received on or before October 15, 2012.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2011-0492, by one of the following methods:
    1. Federal eRulemaking Portal, at www.regulations.gov, please
follow the on-line instructions;

    2. Email to<EMAIL_ADDRESS>or
    3. Mail or delivery to John Ungvarsky, Air Planning Office, AIR-2,
U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street,
San Francisco, California 94105-3901.

Please see the direct final rule which is located in the Rules section
of this Federal Register for detailed instructions on how to submit
comments.

FOR FURTHER INFORMATION CONTACT: John Ungvarsky,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For further information, please see the
direct final action, of the same title, which is located in the Rules
section of this Federal Register. EPA is approving: the determinations
of attainment by applicable attainment dates; attainment date
extensions; and determinations of continued attainment as a direct
final rule without prior proposal because EPA views these as
noncontroversial actions and anticipates no adverse comments. A
detailed rationale for these actions is set forth in the preamble to
the direct final rule. If EPA receives no adverse comments, EPA will
not take further action on this proposed rule.
    If EPA receives adverse comments, EPA will withdraw the direct
final rule, and it will not take effect. EPA will address all public
comments in a subsequent final rule based on this proposed rule. EPA
will not institute a second comment period on this action. Any parties
interested in commenting on this action should do so at this time.
Please note that if we receive adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

    Dated: August 30, 2012.
Jared Blumenfeld,
Regional Administrator, EPA Region IX.
[FR Doc. 2012-22467 Filed 9-13-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 4, 2009 (Volume 74, Number 106)]
[Notices]
[Page 26861-26863]
[DOCID:fr04jn09-64]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2009-0183; FRL-8913-9]

Human Studies Review Board; Notice of Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The U.S. Environmental Protection Agency's (EPA or Agency)
Office of the Science Advisor (OSA) announces a public meeting of the
Human Studies Review Board (HSRB) to advise the Agency on EPA's
scientific and ethical reviews of research with human subjects.

DATES: The public meeting will be held from June 24, 2009 from
approximately 9:30 a.m. to approximately 5:30 p.m., through June 25,
2009 from approximately 8:30 a.m. to approximately 4:30 p.m. Eastern
Time.
    Location: Holiday Inn National Airport, 2605 Jefferson Davis
Highway (Crystal City), Arlington, VA 22202<PHONE_NUMBER>).
    Meeting Access: Seating at the meeting will be on a first-come
basis. To request accommodation of a disability please contact the
person listed under FOR FURTHER INFORMATION CONTACT at least 10
business days prior to the meeting, to allow EPA as much time as
possible to process your request.
    Procedures for Providing Public Input: Interested members of the
public may submit relevant written or oral comments for the HSRB to
consider during the advisory process. Additional information concerning
submission of relevant written or oral comments is provided in Unit
I.D. of this notice.

FOR FURTHER INFORMATION CONTACT: Any member of the public who wishes
further information should contact Jim Downing, EPA, Office of the
Science Advisor, (8105R), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202)
564-2468; fax:<PHONE_NUMBER>; e-mail addresses<EMAIL_ADDRESS>
General information concerning the EPA HSRB can be found on the EPA Web
site at http://www.epa.gov/osa/hsrb/.

ADDRESSES: Submit your written comments, identified by Docket ID No.
EPA-HQ-ORD-2009-0183, by one of the following methods:
    Internet: http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
    E-mail<EMAIL_ADDRESS>    Mail: Environmental Protection Agency, EPA Docket Center (EPA/DC),
ORD Docket, Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington,
DC 20460.
    Hand Delivery: The EPA/DC Public Reading Room is located in the EPA
Headquarters Library, Room Number 3334 in the EPA West Building,
located at 1301 Constitution Ave., NW., Washington, DC. The hours of
operation are 8:30 a.m. to 4:30 p.m. Eastern Time, Monday through
Friday, excluding Federal holidays. Please call<PHONE_NUMBER> or email
the ORD Docket at<EMAIL_ADDRESS>for instructions. Updates to
Public Reading Room access are available on the Web site (http://
www.epa.gov/epahome/dockets.htm).
    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2009-0183. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov website
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA, without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.

SUPPLEMENTARY INFORMATION:

I. Public Meeting

A. Does This Action Apply to Me?

    This action is directed to the public in general. This action may,
however, be of interest to persons who conduct or assess human studies,
especially studies on substances regulated by EPA or to persons who are
or may be required to conduct testing of chemical substances under the
Federal Food, Drug, and Cosmetic Act (FFDCA) or the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA). Since other
entities may also be interested, the Agency has not attempted to
describe all the specific entities that may be affected by this action.
If you have any questions regarding the applicability of this action to
a particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.

B. How Can I Access Electronic Copies of This Document and Other
Related Information?

    In addition to using regulations.gov, you may access this Federal
Register

document electronically through the EPA Internet under the ``Federal
Register'' listings at http://www.epa.gov/fedrgstr/.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the ORD Docket, EPA/
DC, Public Reading Room. The EPA/DC Public Reading Room is located in
the EPA Headquarters Library, Room Number 3334 in the EPA West
Building, located at 1301 Constitution Ave., NW., Washington, DC. The
hours of operation are 8:30 a.m. to 4:30 p.m. EST, Monday through
Friday, excluding Federal holidays. Please call<PHONE_NUMBER> or email
the ORD Docket at<EMAIL_ADDRESS>for instructions. Updates to
Public Reading Room access are available on the Web site (http://
www.epa.gov/epahome/dockets.htm).
    EPA's position paper(s), charge/questions to the HSRB, and the
meeting agenda will be available by early June 2009. In addition, the
Agency may provide additional background documents as the materials
become available. You may obtain electronic copies of these documents,
and certain other related documents that might be available
electronically, from the regulations.gov website and the EPA HSRB
website at http://www.epa.gov/osa/hsrb/. For questions on document
availability or if you do not have access to the Internet, consult the
person listed under FOR FURTHER INFORMATION.

C. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    a. Explain your views as clearly as possible.
    b. Describe any assumptions that you used.
    c. Provide copies of any technical information and/or data you used
that support your views.
    d. Provide specific examples to illustrate your concerns and
suggest alternatives.
    e. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

D. How May I Participate in This Meeting?

    You may participate in this meeting by following the instructions
in this section. To ensure proper receipt by EPA, it is imperative that
you identify docket ID number EPA-HQ-ORD-2009-0183 in the subject line
on the first page of your request.
    a. Oral comments. Requests to present oral comments will be
accepted up to June 17, 2009. To the extent that time permits,
interested persons who have not pre-registered may be permitted by the
Chair of the HSRB to present oral comments at the meeting. Each
individual or group wishing to make brief oral comments to the HSRB is
strongly advised to submit their request (preferably via e-mail) to the
person listed under FOR FURTHER INFORMATION CONTACT no later than noon,
Eastern time, June 17, 2009 in order to be included on the meeting
agenda and to provide sufficient time for the HSRB Chair and HSRB
Designated Federal Officer (DFO) to review the agenda to provide an
appropriate public comment period. The request should identify the name
of the individual making the presentation, the organization (if any)
the individual will represent, and any requirements for audiovisual
equipment (e.g., overhead projector, LCD projector, chalkboard). Oral
comments before the HSRB are limited to five minutes per individual or
organization. Please note that this limit applies to the cumulative
time used by all individuals appearing either as part of, or on behalf
of an organization. While it is our intent to hear a full range of oral
comments on the science and ethics issues under discussion, it is not
our intent to permit organizations to expand these time limitations by
having numerous individuals sign up separately to speak on their
behalf. If additional time is available, there may be flexibility in
time for public comments. Each speaker should bring 25 copies of his or
her comments and presentation slides for distribution to the HSRB at
the meeting.
    b. Written comments. Although you may submit written comments at
any time, for the HSRB to have the best opportunity to review and
consider your comments as it deliberates on its report, you should
submit your comments at least five business days prior to the beginning
of the meeting. If you submit comments after this date, those comments
will be provided to the Board members, but you should recognize that
the Board members may not have adequate time to consider those comments
prior to making a decision. Thus, if you plan to submit written
comments, the Agency strongly encourages you to submit such comments no
later than noon, Eastern Time, June 17, 2009. You should submit your
comments using the instructions in Unit I.C. of this notice. In
addition, the Agency also requests that person(s) submitting comments
directly to the docket also provide a copy of their comments to the
person listed under FOR FURTHER INFORMATION CONTACT. There is no limit
on the length of written comments for consideration by the HSRB.

E. Background

A. Topics for Discussion
    The HSRB is a Federal advisory committee operating in accordance
with the Federal Advisory Committee Act (FACA) 5 U.S.C. App. 2 section
9. The HSRB provides advice, information, and recommendations to EPA on
issues related to scientific and ethical aspects of human subjects
research. The major objectives of the HSRB are to provide advice and
recommendations on: (1) Research proposals and protocols; (2) reports
of completed research with human subjects; and (3) how to strengthen
EPA's programs for protection of human subjects of research. The HSRB
reports to the EPA Administrator through EPA's Science Advisor.
    The June 24-25, 2009 meeting of the Human Studies Review Board will
address scientific and ethical issues surrounding:
     Four unpublished reports of research completed before
enactment of the 2006 expanded EPA Regulation 40 CFR part 26
(Protection of Human Subjects rule) on the organophosphate pesticide
chlorpyrifos:
    a. A study by Coulston et al. (1972) of the subacute oral toxicity
of chlorpyrifos to adult male prisoners.
    b. A study by Nolan et al. (1982) of the metabolism and excretion
of chlorpyrifos and cholinesterase activity in adult males after a
single oral or dermal exposure.
    c. A study by Honeycutt and DeGeare (1993) monitoring the
Acetylcholinesterase activity and urinary metabolites of chlorpyrifos
in agricultural workers who re-entered chlorpyrifos-treated citrus
groves.
    d. A study by Kisicki et al. (1999) of the acute oral toxicity of
chlorpyrifos to adult male and female volunteers.
     A proposal for new research to be conducted by Carroll-
Loye Biological Research to evaluate the repellent efficacy to biting
flies in the field of two

registered products containing 20% picaridin.
     The report of a completed laboratory study conducted by
ICR, Inc., to evaluate the repellent efficacy to stable flies of two
registered products containing 20% picaridin.
     A new scenario design and associated protocol for field
studies at five sites from the Agricultural Handlers Exposure Task
Force (AHETF), describing proposed research to monitor exposure of
professional pesticide handlers who mix and load pesticides formulated
as wettable powders in water-soluble packaging.
    In addition, the Board will be reviewing its draft February 17,
2009 meeting report for subsequent Board approval. Finally, the HSRB
may also discuss planning for future HSRB meetings.
B. Meeting Minutes and Reports
    Minutes of the meeting, summarizing the matters discussed and
recommendations, if any, made by the advisory committee regarding such
matters will be released within 90 calendar days of the meeting. Such
minutes will be available at http://www.epa.gov/osa/hsrb/ and http://
www.regulations.gov. In addition, information concerning a Board
meeting report, if applicable, can be found at http://www.epa.gov/osa/
hsrb/ or from the person listed under FOR FURTHER INFORMATION.

    Dated: May 29, 2009.
Kevin Teichman,
EPA Acting Science Advisor.
[FR Doc. E9-13061 Filed 6-3-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 96 (Thursday, May 17, 2012)]
[Notices]
[Pages 29397-29398]
[FR Doc No: 2012-11931]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66976]

Order Granting Application of BOX Options Exchange, LLC for a
Limited Exemption From Exchange Act Rule 10b-10(a)(2)(i)(A) Pursuant to
Rule 10b-10(f)

May 11, 2012.

I. Introduction

    By letter dated May 11, 2012 (``the Application''), BOX Options
Exchange LLC (the ``Exchange'') requests a limited exemption from the
requirements of Rule 10b-10(a)(2)(i)(A) under the Securities Exchange
Act of 1934 (``Exchange Act'') on behalf of its Options Participants
that execute trades as agent for their customers (``Participants'') \1\
on BOX Market LLC, an options trading facility of the Exchange under
Section 3(a)(2) of the Exchange Act (``BOX''). As discussed in the
Application, BOX will operate a fully automated electronic book (``BOX
Book'') for orders to buy or sell securities (``orders'') with a
continuous, automated matching function which will provide for strict
price-time priority execution (``Trading System'').\2\ The BOX Book and
the Exchange Rules provide for post trade anonymity through settlement
for trades executed on BOX.\3\
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    \1\ Unless otherwise defined in this order, defined terms used
have the same meaning as described in the Exchange Rules.
    \2\ See Exchange Rule 7130. The Exchange notes that executions
through the Price Improvement Period (``PIP'') as set forth in
Exchange Rule 7150 are an exception to the strict price-time
priority execution that occurs on the BOX Book.
    \3\ As explained in the Application, the Exchange does not
request an exemption from Rule 10b-10(a)(2)(i)(A) for when it
reveals the identity of a Participant or a Participant's clearing
firm: (i) For regulatory purposes or to comply with an order of a
court or arbitrator; or (ii) when a Clearing Corporation or Clearing
Participant (such as the Options Clearing Corporation) ceases to act
for a Participant or the Participant's clearing firm, and determines
not to guarantee the settlement of the Participant's trades.
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II. Background \4\
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    \4\ Background information is derived from the Application.
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a. The Exchange

    The Exchange is registered as a national securities exchange under
Section 6 of the Exchange Act.\5\ The Participants of the Exchange
consist of broker-dealers registered with the Exchange, as
Participants, for the purposes of participating in options trading.
Participants are entitled to enter orders in, and receive executions
through, the BOX Book or otherwise.
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    \5\ The Exchange received approval of its application for
registration as a national securities exchange on April 27, 2012.
See Securities Exchange Act Release No. 66871 (April 27, 2012).
Exchange rules cited herein were approved as part of that
application.
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    BOX, an options trading facility of the Exchange under Section
3(a)(2) of the Exchange Act, will operate the BOX Book for orders with
a continuous, automated matching function, in compliance with the
Exchange's rules and Regulation NMS under the Exchange Act
(``Regulation NMS'').\6\ Liquidity will be derived from orders to buy
and orders to sell submitted to BOX electronically by Participants from
remote locations.
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    \6\ See 17 CFR 242.600 et seq.
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    The BOX Book and the Exchange rules provide for strict price-time
priority execution.\7\ Under Exchange Rule 7130, orders will be
prioritized on a strict price-time basis, first by price and then by
time. Incoming orders will be first matched for execution against
orders in the BOX Book. Orders that cannot be executed are eligible for
routing to away trading centers.\8\ All trades will be executed through
the Trading System on an anonymous basis, except for Directed
Orders.\9\ The transaction reports produced by the Trading System will
indicate the details of transactions executed in the Trading System,
but shall not reveal contra party identities. Transactions executed in
the Trading System will also be cleared and settled anonymously.\10\
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    \7\ See supra note 2. According to the Exchange, executions
through the PIP, as set forth in Exchange Rules 7130 and 7150, are
an exception to the price-time priority execution that occurs on the
BOX Book.
    \8\ See Exchange Rule 15030. The Exchange understands that the
exemptive relief would not apply to any situation in which the
Trading System routes an order to all away trading centers for
execution, as such executions would be governed by the rules of the
away trading center.
    \9\ See Exchange Rule 8040(d)(1). Directed Orders on BOX are not
anonymous. The identity of the Participant sending the Directed
Order is provided to the Market Maker recipient. As explained in the
Application, Directed Orders would not be subject to the requested
relief.
    \10\ See Exchange Rule 7130(a)(6).

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    The BOX Book's matching system algorithm permits orders originated
by a Participant to execute against other orders from the same
Participant on the same basis as orders from other Participants. In the
BOX Book's handling of displayed orders, which is based on strict
price-time priority, a Participant could receive an execution against
itself, and under the Exchange's Rules, the Participant would not know
that it was the contra-side of the trade at the time of execution. BOX
does, however, permit a Participant to prevent its incoming orders from
being executed against its own trading interest. Specifically,
Participants have the ability to use Participant match trade
prevention. A Participant may direct that its Market Maker or Principal
Orders entered on BOX not execute against its own Market Maker quotes
or orders, or its Principal Orders that are resting on the BOX Book. In
such a case, the quantity of the incoming order that would otherwise
trade against the quote/order from the same Participant will be
cancelled back to the entering party.\11\
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    \11\ See Exchange Rule 7130(a)(4).
---------------------------------------------------------------------------

b. Rule 10b-10

    Rule 10b-10 under the Exchange Act generally requires broker-
dealers effecting a customer transaction in securities (other than U.S.
savings bonds or municipal securities) \12\ to provide a written
notification to its customer, at or before completion of a securities
transaction, that discloses information specific to the transaction. In
particular, under Rule 10b-10(a)(2)(i)(A), when a broker-dealer acts as
agent for a customer, some other person, or for both the customer and
some other person, the broker-dealer must disclose ``[t]he name of the
person from whom the security was purchased, or to whom it was sold,
for such customer or the fact that the information will be furnished
upon written request of such customer'' (the ``Contra-Party Identity
Requirement'').
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    \12\ Municipal securities are subject to the transaction
confirmations requirements under Rule G-15 of the Municipal
Securities Rulemaking Board.
---------------------------------------------------------------------------

III. Relief Sought

    As explained in the Application, trades are executed with total
anonymity on BOX, where the identity of the actual contra-party is not
revealed when the trade is executed, except with respect to Directed
Orders.\13\ Because of this, Participants will not know the identity of
the party to whom they sold securities or from whom they purchased
securities. Without this information, Participants would not be able to
comply with the Contra-Party Identity Requirement of Rule 10b-10. To
permit Participants to utilize BOX without violating Rule 10b-10, the
Exchange, on behalf of such Participants, is seeking an exemption under
Rule 10b-10(f), from the Contra-Party Identity Requirement of Rule 10b-
10 when Participants execute transactions on BOX, as described in the
Application.
---------------------------------------------------------------------------

    \13\ See supra note 9.
---------------------------------------------------------------------------

IV. Conclusion

    Based on the facts and representations contained in the
Application, we find that it is appropriate and in the public interest
and consistent with the protection of investors to grant the Exchange,
on behalf of its Participants, a limited exemption from the Contra-
Party Identity Requirement in Rule 10b-10(a)(2)(i)(A).
    It is hereby ordered, pursuant to Rule 10b-10(f) of the Exchange
Act, that Exchange Participants, based on the representations and facts
contained in the Application, are exempt from the requirements of Rule
10b-10(a)(2)(i)(A) of the Exchange Act, to the extent that Participants
execute trades for their customers on the Exchange using the BOX
Trading System. This exemption is limited to trades that Participants
execute on BOX using the post trade anonymity feature described in the
Application.\14\
---------------------------------------------------------------------------

    \14\ This exemption does not apply: (a) To orders routed to an
away trading center for execution; (b) to Directed Orders; (c) under
the situation described in note 3 supra; or (d) to the situation
described in note 13 of the Application.
---------------------------------------------------------------------------

    The foregoing exemption is subject to modification or revocation if
at any time the Commission determines that such action is necessary or
appropriate in furtherance of the purposes of the Exchange Act.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(32).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-11931 Filed 5-16-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 26 (Wednesday, February 10, 2021)]
[Notices]
[Pages 8977-8982]
[FR Doc No: 2021-02755]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91071; File No. SBSDR-2020-01]

Security-Based Swap Data Repositories; DTCC Data Repository
(U.S.), LLC; Notice of Filing of Application for Registration as a
Security-Based Swap Data Repository

February 5, 2021.

I. Introduction

    On December 22, 2020, DTCC Data Repository (U.S.), LLC (``DDR'')
filed with the Securities and Exchange Commission (``Commission'') an
application on Form SDR to register as a security-based swap data
repository (``SDR'') pursuant to Section 13(n)(1) of the Securities
Exchange Act of 1934 (``Exchange Act'') and 17 CFR 240.13n-1 (``Rule
13n-1'') thereunder,\1\ and as a securities information processor
(``SIP'') under Section 11A(b) of the Exchange Act.\2\ DDR intends to
operate as a registered SDR for security-based swap (``SBS'')
transactions in the equity, credit, and interest rate derivatives asset
classes.\3\ The Commission is publishing this notice to solicit
comments from interested persons regarding DDR's application,\4\ and
the Commission will consider any comments it receives in making its
determination whether to approve DDR's application for registration as
an SDR and as a SIP.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78m(n)(1); 17 CFR 240.13n-1. A copy of DDR's
application on Form SDR and non-confidential exhibits thereto are
available for public viewing on the Commission's website. In 2016,
DDR submitted a prior application for registration as an SDR. See
Release No. 34-78216 (June 30, 2016), 81 FR 44379 (July 7, 2016);
Release No. 34-81302 (Aug. 3, 2017), 82 FR 37276 (Aug. 9, 2017). DDR
withdrew this prior application in 2018. See Letter from Chris
Childs, Managing Director, DDR, Mar. 27, 2018, https://www.sec.gov/divisions/marketreg/sdr/dtcc-sdr-application-withdrawal-letter-032718.pdf.
    \2\ 15 U.S.C. 78k-1(b).
    \3\ DDR has included the interest rate asset class in its
application based on feedback from potential users of its SDR
services. The potential users have identified certain types of
transactions that will be reported through DDR's infrastructure for
interest rate derivatives as falling within the Exchange Act
definition of an SBS transaction.
    \4\ The descriptions set forth in this notice regarding the
structure and operations of DDR have been derived, excerpted, or
summarized from DDR's application on Form SDR.
---------------------------------------------------------------------------

II. Background

A. SDR Registration, Duties, and Core Principles

    Section 13(n) of the Exchange Act makes it unlawful for any person,
unless registered with the Commission, directly or indirectly, to make
use of the mails or any means or instrumentality of interstate commerce
to perform the functions of an SDR.\5\ To be registered and maintain
registration, an SDR must comply with certain requirements and core
principles described in Section 13(n), as well as any requirements that
the Commission may impose by rule or regulation.\6\ In 2015, the
Commission adopted 17 CFR 240.13n-1 to 13n-12 under the Exchange Act to
establish Form SDR, the procedures for registration as an SDR, and the
duties and core principles applicable to an SDR (``SDR Rules'').\7\ The
Commission provided a temporary exemption from compliance with the SDR
Rules and also extended exemptions from the provisions of the Dodd-
Frank Act set forth in a Commission order providing temporary
exemptions and other temporary relief from compliance with certain
provisions of the Exchange Act concerning security-based swaps, and
these temporary exemptions expired in 2017.\8\
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78m(n).
    \6\ Id.
    \7\ See Release No. 34-74246 (Feb. 11, 2015), 80 FR 14438, 14438
(Mar. 19, 2015) (``SDR Adopting Release''). In 2016, the Commission
subsequently amended 17 CFR 240. 13n-4 to address third-party
regulatory access to SBS data obtained by an SDR. See Release No.
34-78716 (Aug. 29, 2016), 81 FR 60585 (Sep. 2, 2016).
    \8\ See Release No. 34-80359 (Mar. 31, 2017), 82 FR 16867 (Apr.
6, 2017).
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    The Commission also has adopted 17 CFR 242.900 to 909 under the
Exchange Act (collectively, ``Regulation SBSR''), which governs
regulatory reporting and public dissemination of security-based swap
transactions.\9\ Among other things, Regulation SBSR requires each
registered SDR to register with the Commission as a SIP,\10\ and the
Form SDR constitutes an application for

registration as a SIP, as well as an SDR.\11\
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    \9\ Release No. 34-74244 (Feb. 11, 2015), 80 FR 14563 (Mar. 19,
2015); Release No. 34-78321 (July 14, 2016), 81 FR 53546 (Aug. 12,
2016). Regulation SBSR and the SDR Rules are referred to
collectively as the ``SBS Reporting Rules.''
    \10\ See 17 CFR 242.909.
    \11\ See Form SDR, Instruction 2.
---------------------------------------------------------------------------

    In 2019, the Commission stated that implementation of the SBS
Reporting Rules can and should be done in a manner that carries out the
fundamental policy goals of the SBS Reporting Rules while minimizing
burdens as much as practicable.\12\ Noting ongoing concerns among
market participants about incurring unnecessary burdens and the
Commission's efforts to promote harmonization between the SBS Reporting
Rules and swap reporting rules, the Commission took the position that,
for four years following Regulation SBSR's Compliance Date 1 in each
asset class,\13\ certain actions with respect to the SBS Reporting
Rules would not provide a basis for a Commission enforcement
action.\14\ The no-action statement's relevance to DDR's application
for registration as an SDR and SIP is discussed further below.
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    \12\ Release No. 34-87780 (Dec. 18, 2019), 85 FR 6270, 6347
(Feb. 4, 2020) (``ANE Adopting Release'').
    \13\ See id. Under Regulation SBSR, the first compliance date
(``Compliance Date 1'') for affected persons with respect to an SBS
asset class is the first Monday that is the later of: (i) Six months
after the date on which the first SDR that can accept transaction
reports in that asset class registers with the Commission; or (ii)
one month after the compliance date for registration of SBS dealers
and major SBS participants (``SBS entities''). Id. at 6346. The
compliance date for registration of SBS entities is October 6, 2021.
See id. at 6270, 6345.
    \14\ See id. The specific rule provisions of the SBS Reporting
Rules affected by the no-action statement are discussed in Part
II.B.
---------------------------------------------------------------------------

B. Standard for Registration

    As noted above, to be registered with the Commission as an SDR and
maintain such registration, an SDR is required to comply with the
requirements and core principles described in Section 13(n) of the
Exchange Act, as well as with any requirement that the Commission may
impose by rule or regulation.\15\ In addition, Rule 13n-1(c)(3) under
the Exchange Act provides that the Commission shall grant the
registration of an SDR if it finds that the SDR is so organized, and
has the capacity, to be able to: (i) Assure the prompt, accurate, and
reliable performance of its functions as an SDR; (ii) comply with any
applicable provisions of the securities laws and the rules and
regulations thereunder; and (iii) carry out its functions in a manner
consistent with the purposes of Section 13(n) of the Exchange Act and
the rules and regulations thereunder.\16\ The Commission shall deny the
registration of an SDR if it does not make any such finding.\17\
Similarly, to be registered with the Commission as a SIP, the
Commission must find that such applicant is so organized, and has the
capacity, to be able to assure the prompt, accurate, and reliable
performance of its functions as a SIP, comply with the provisions of
the Exchange Act and the rules and regulations thereunder, carry out
its functions in a manner consistent with the purposes of the Exchange
Act, and, insofar as it is acting as an exclusive processor, operate
fairly and efficiently.\18\
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    \15\ See 15 U.S.C. 78m(n)(3).
    \16\ 17 CFR 240.13n-1(c)(3).
    \17\ Id.
    \18\ See 15 U.S.C. 78k-1(b)(3).
---------------------------------------------------------------------------

    In determining whether an applicant meets the criteria set forth in
Rule 13n-1(c), the Commission will consider the information reflected
by the applicant on its Form SDR, as well as any additional information
obtained from the applicant. For example, Form SDR requires an
applicant to provide a list of the asset classes for which the
applicant is collecting and maintaining data or for which it proposes
to collect and maintain data, a description of the functions that it
performs or proposes to perform, general information regarding its
business organization, and contact information.\19\ Obtaining this
information and other information reflected on Form SDR and the
exhibits thereto--including the applicant's overall business structure,
financial condition, track record in providing access to its services
and data, technological reliability, and policies and procedures to
comply with its statutory and regulatory obligations--will enable the
Commission to determine whether to grant or deny an application for
registration.\20\ Furthermore, the information requested in Form SDR
will enable the Commission to assess whether the applicant is so
organized and has the capacity to comply and carry out its functions in
a manner consistent with the federal securities laws and the rules and
regulations thereunder, including the SBS Reporting Rules.\21\
---------------------------------------------------------------------------

    \19\ See SDR Adopting Release, supra note 7, at 14459.
    \20\ See id. at 14458.
    \21\ See id. at 14458-59.
---------------------------------------------------------------------------

    Consistent with the Commission's no-action statement in the ANE
Adopting Release,\22\ an entity wishing to register with the Commission
as an SDR must still submit an application on Form SDR but can address
the rule provisions included in the no-action statement by discussing
how the SDR complies with comparable Commodity Futures Trading
Commission (``CFTC'') requirements.\23\ Accordingly, in such instances
the Commission will not assess an SDR application for consistency or
compliance with the rule provisions included in the Commission's no-
action statement. Specifically, the Commission identified the following
provisions as not providing a basis for an enforcement action against a
registered SDR for the duration of the relief provided in the
Commission statement: Under Regulation SBSR, aspects of 17 CFR
242.901(a), 901(c)(2) through (7), 901(d), 901(e), 902, 903(b), 906(a)
and (b), and 907(a)(1), (a)(3), and (a)(4) through (6); under the SDR
Rules, aspects of Section 13(n)(5)(B) of the Exchange Act and 17 CFR
240.13n-4(b)(3) thereunder, and aspects of 17 CFR 240.13n-5(b)(1)(iii);
and under Section 11A(b) of the Exchange Act, any provision pertaining
to SIPs.\24\ Thus, an SDR applicant will not need to include materials
in its application explaining how it would comply with the provisions
noted above, and could instead rely on its discussion about how it
complies with comparable CFTC requirements.\25\ The applicant may
instead represent in its application that it: (i) Is registered with
the CFTC as a swap data repository; (ii) is in compliance with
applicable requirements under the swap reporting rules; (iii) satisfies
the standard for Commission registration of an SDR under Rule 13n-1(c);
and (iv) intends to rely on the no-action statement included in the ANE
Adopting Release for the period set forth in the ANE Adopting Release
with respect to any SBS asset class or classes for which it intends to
accept transaction reports.\26\
---------------------------------------------------------------------------

    \22\ See supra notes 12-14 and accompanying text.
    \23\ See supra note 14.
    \24\ The ANE Adopting Release provides additional discussion of
the particular aspects of the affected rules that would not provide
a basis for an enforcement action. See ANE Adopting Release, supra
note 12, at 6347-48.
    \25\ Id. at 6348.
    \26\ Id. For example, an applicant need not describe in Exhibit
S its functions as a SIP.
---------------------------------------------------------------------------

III. Summary of DDR's Application on Form SDR

    As noted above, DDR intends to operate as a registered SDR for the
equity, credit, and interest rate derivatives asset classes.\27\ In its
application, DDR represents that it is provisionally registered with
the CFTC as a swap data repository, is in compliance with applicable
requirements under the CFTC reporting rules applicable to a registered
swap data repository, and intends to rely on

the Commission's position outlined in the ANE Adopting Release for
applicable reporting rules and SBSDR duties for the period set forth
therein.\28\ Below is an overview of the representations made in the
application materials.
---------------------------------------------------------------------------

    \27\ See Rulebook, Ex. HH, sec. 3.1; see also Disclosure
Document, Ex. D6, sec. 1.
    \28\ See Form SDR, cover letter from Katherine Delp, General
Manager, DTCC Data Repository (U.S.) LLC.
---------------------------------------------------------------------------

A. Organization and Governance

    DDR is a New York limited liability company and a wholly owned
subsidiary of DTCC Deriv/SERV LLC (``Deriv/SERV''), which in turn is a
wholly owned subsidiary of The Depository Trust & Clearing Corporation
(``DTCC'').\29\ DDR is governed by a board of directors (``DDR
Board'').\30\ The number of directors on the DDR Board is determined by
Deriv/SERV as the sole LLC member of DDR.\31\ The DDR Board is composed
of individuals selected from the following groups: Employees of DDR's
users (either fees paying users or end users) with derivatives industry
experience, buy-side representatives, independents, and members of
senior management or the Board of DTCC.\32\ The Deriv/SERV Nominations
Committee shall periodically review the composition of the DDR Board to
assure that the level of representation of directors from users,
management and non-users is appropriate for the interests of these
constituencies in DDR.\33\
---------------------------------------------------------------------------

    \29\ Rulebook, Ex. HH, sec. 2.1.
    \30\ Id. at sec. 2.2.
    \31\ Id.
    \32\ Id.
    \33\ Id.
---------------------------------------------------------------------------

    In addition, the DDR Board is responsible for the appointment and
removal of the chief compliance officer (``CCO'') and approval of CCO
compensation, which is at the discretion of the Board and effected by a
majority vote.\34\ The CCO is responsible for establishing and
administering the compliance program that is designed to prevent
violations of the obligations of a swap data repository under the Dodd-
Frank Act and other applicable regulations and is ultimately
responsible for ensuring that DDR complies with the requirements of the
Commodity Exchange Act, the Securities Exchange Act and other
applicable laws and regulations.\35\ The Chief Compliance Officer has
oversight over all compliance functions and staff related to DDR's
compliance program.\36\ The duties of the CCO include, but are not
limited to, the following: (a) Oversee and review DDR's compliance with
applicable law in jurisdictions where DDR is registered, designated,
recognized or otherwise licensed; (b) in consultation with the DDR
Board or the Senior Officer, resolve any conflicts of interests that
may arise, including, but not limited to, conflicts between business
considerations and compliance requirements, conflicts between business
considerations and compliance requirements for fair and open access,
and conflicts between the management and members of the DDR Board; (c)
establish and administer written policies and procedures reasonably
designed to prevent violation of law; (d) take reasonable steps to
ensure compliance with applicable law relating to agreements, contracts
or transactions and confidentiality agreements entered into with
foreign or domestic regulators; (e) establish procedures for the
remediation of non-compliance issues identified by the CCO through a
compliance office review, look-back, internal or external audit
finding, self-reported error, or validated complaint; (f) notify the
DDR Board as soon as practicable upon becoming aware of a circumstance
indicating that DDR, or an individual acting on its behalf, is in non-
compliance with the applicable laws of a jurisdiction in which it
operates and either: (1) The non-compliance creates a risk to a user;
(2) the non-compliance creates a risk of harm to the capital markets in
which it operates; (3) the non-compliance is part of a pattern of non-
compliance; or (4) the non-compliance may have an impact on DDR's
ability to carry on business as a trade repository in compliance with
applicable law; (g) establish and follow appropriate procedures for the
handling, management response, remediation, retesting and closing of
noncompliance issues; (h) establish and administer a written code of
ethics; and (i) prepare and sign an annual compliance report in
accordance with applicable regulations and associated
recordkeeping.\37\ In addition, the application provides that the CCO
or a delegate thereof has the authority to investigate any potential
rule violation and is responsible for enforcing sanctions related to
violations and for following the procedures outlined for DDR system
restrictions.\38\
---------------------------------------------------------------------------

    \34\ Rulebook, Ex. HH, sec. 2.3.
    \35\ Ex. P.
    \36\ Id.
    \37\ Rulebook, Ex. HH, sec. 2.3.
    \38\ Rulebook, Ex. HH, sec. 10.5.
---------------------------------------------------------------------------

    The CCO, in consultation with the DDR Audit Committee, will resolve
all conflicts of interest.\39\ Any conflict of interest not resolved by
the DDR Audit Committee shall be escalated to the DDR Board for
resolution.\40\ When resolving conflicts of interest involving DDR
staff, the DDR CCO, DDR's senior officer, the audit committee, and the
DDR Board consider all relevant facts and circumstances.\41\ With
regard to director conflicts of interest, the application provides that
a director conflict is present whenever the interests of DDR compete
with the interests of a director or any party associated with a
director.\42\ The application also provides that a director conflict is
present whenever a director's corporate or personal interests could be
reasonably viewed as affecting his or her objectivity or independence
in fulfilling his or her duties.\43\ According to the application
materials, DDR expects its directors to act on the side of caution and
immediately bring to the attention of the DDR CCO and either the Board
Chairman or DDR's legal counsel any matters involving conflicts of
interest.\44\
---------------------------------------------------------------------------

    \39\ Rulebook, Ex. HH, sec. 11.1.
    \40\ Id.
    \41\ Id.
    \42\ Rulebook, Ex. HH, sec. 11.2.
    \43\ Id.
    \44\ Id. at sec. 11.3.
---------------------------------------------------------------------------

B. Access and Information Security

    According to DDR, access to and usage of its SDR service will be
available to all market participants that engage in SBS transactions,
and DDR does not and will not bundle or tie its SDR services with any
other services.\45\ The application provides that DDR's services would
be available to all market participants on a fair, open, and equal
basis.\46\ Further, DDR does not impose membership qualifications on
users of its services beyond (i) requiring execution of membership
documents, such as a user agreement, (ii) the ability to comply with
the technical specifications published by DDR, and (iii) compliance
with applicable law, specifically those related to sanctions
administered and enforced by the Office of Foreign Assets Control of
the U.S. Department of the Treasury (``OFAC'').\47\
---------------------------------------------------------------------------

    \45\ See id. at sec. 1.1.
    \46\ See id.
    \47\ See id.
---------------------------------------------------------------------------

    To be granted access to the DDR system, receive trade information,
confirm or verify transactions, submit messages, or receive reports, a
market participant must be an onboarded user.\48\ For those market
participants that onboard, DDR will provide a mechanism for users to
access the DDR system to confirm and verify transactions. Users are
required to maintain at least two Super Access Coordinators
(``SuperACs'') on the DDR System; SuperACs are responsible for: (1)
Providing access to other individuals (referred to as ``ACs'') who are
eligible

to access the System and use the SDR Services on behalf of the user;
and (2) removing access for any individuals who should no longer access
the System on behalf of the user.\49\
---------------------------------------------------------------------------

    \48\ See id.
    \49\ Id. at sec. 1.2.
---------------------------------------------------------------------------

    To participate in the SDR services offered by DDR, each user will
be required to enter into a user agreement; by entering into a user
agreement each user agrees to be bound by the terms of the user
agreement and DDR Operating Procedures, which incorporate terms of
DDR's Rulebook.\50\ In addition, the DDR Rulebook provides that each
user must comply with all reasonable requests by DDR for information,
documentation, or data concerning such user and related to such user's
use of the DDR system as DDR may deem necessary.\51\ The DDR Rulebook
also states that DDR has the right to audit or inspect a user (and its
facilities) with respect to its use of the DDR system, upon reasonable
notice.\52\ Furthermore, the DDR Rulebook provides that users must
cooperate with such audits or inspections and with other inquiries by
DDR concerning their use of the DDR system.\53\
---------------------------------------------------------------------------

    \50\ Id. at sec. 1.3.
    \51\ Id. at sec. 10.5.
    \52\ Id.
    \53\ Id.
---------------------------------------------------------------------------

    The DDR Operating Procedures provide that each user agrees to
defend and indemnify DDR from and against all reasonable losses,
liabilities, damages, judgments, settlements, fines, costs, and
expenses DDR may incur directly arising out of or directly relating to
the acts or omissions of a user's participation or failure to
participate (for itself or on behalf of others) in DDR's services or
DDR's system, any unauthorized access to DDR's system through such
user's interface with DDR's system, or any other matter directly
relating to such user that is not the responsibility of DDR under the
DDR Operating Procedures, except to the extent that such losses arise
out of or relate to the DDR's negligence or willful misconduct.\54\
---------------------------------------------------------------------------

    \54\ Id., app. A, at sec. 9.
---------------------------------------------------------------------------

    With respect to prohibiting or limiting a person's access to SDR
services, the DDR Rulebook outlines the process required for DDR to
decline an application to become a user of SDR services.\55\ For
example, DDR may deny an applicant's access to the DDR system if
required pursuant to applicable law (e.g., due to sanctions against the
application administered and enforced by OFAC or the Canadian
Government's Office of the Superintendent of Financial
Institutions).\56\ The DDR Rulebook provides that any such applicants
would receive notice and an opportunity for a hearing in the event that
DDR declines an application.\57\ The DDR Rulebook also provides that,
if the denial of an application is reversed by the DDR Board or by the
Commission pursuant to Section 11A of the Exchange Act, such
application will be accepted and the applicant granted access following
completion of onboarding requirements.\58\
---------------------------------------------------------------------------

    \55\ See id. at sec. 10.2.
    \56\ See id.
    \57\ See id.
    \58\ See id.
---------------------------------------------------------------------------

    With respect to DDR temporarily denying a user access to or
imposing restrictions on its use of the DDR system, the DDR Rulebook
provides that DDR may take such action where a user: (i) Violates DDR
rules; (ii) refuses to or neglects to comply with any direction DDR
deems reasonably necessary to protect its systems and other users;
(iii) or any error, delay, or other conduct that materially and
adversely affects the operations of DDR (each a ``Subject Event'').\59\
Limits to the activities, functions, or operation of users may include,
but are not limited to, restricting access to the DDR system or a
user's ability to submit data via a non-approved source and assessing
users with all costs incurred by DDR in connection with a ``Subject
Event'' and apply any deterrent financial penalties that DDR may deem
necessary.\60\ The DDR Rulebook provides that DDR is required to
provide prompt notice to the designated regulators of any such
action,\61\ as well as furnish the user with a concise written
statement describing the Subject Event applicable to the user.\62\
---------------------------------------------------------------------------

    \59\ See id. at sec. 10.4.1.
    \60\ See id.
    \61\ See id.
    \62\ See id. at sec. 10.4.2 (setting out DDR's procedures for
restrictive proceedings, including the user's response to the
Subject Event written statement, the user's opportunity for a
hearing, and the user's right to apply for review to the DDR Board).
---------------------------------------------------------------------------

    In addition, the DDR Rulebook provides that DTCC has established a
Technology Risk Management Team, whose role is to manage information
security risk and ensure the availability, integrity, and
confidentiality of the organization's information assets.\63\ DDR will
be responsible for monitoring the performance of DTCC regarding
implementation and maintenance of information security within its
infrastructure.\64\ The DDR Rulebook specifies that various policies
have been developed to provide the framework for both physical security
and information security are routinely refreshed.\65\ According to DDR,
the Technology Risk Management Team carries out a series of processes
to endeavor to ensure DDR is protected in a cost-effective and
comprehensive manner, while still meeting the requirements of
applicable regulations.\66\ This includes preventive controls such as
firewalls, appropriate encryption technology, and authentication
methods.\67\ Vulnerability scanning is used to identify high risks to
be mitigated and managed and to measure conformance against the
policies and standards.\68\
---------------------------------------------------------------------------

    \63\ Id. at sec. 9.2.
    \64\ Id. at sec. 9.1.
    \65\ Id. at sec. 9.2.
    \66\ Id.
    \67\ Id.
    \68\ Id.
---------------------------------------------------------------------------

    The DDR system is supported by DTCC and relies on the disaster
recovery program maintained by DTCC.\69\ To enable DDR to provide
timely resumption of critical services should there be any disruption
to its business, DDR follows these key principles for business
continuity and disaster recovery: (i) Achieve recovery of critical
services within a four-hour window with faster recovery time in less
extreme situations; (ii) disperse staff across geographically diverse
operating facilities; (iii) operate multiple back-up data centers
linked by a highly resilient network technology; (iv) maintain
emergency command and out-of-region operating control; (v) utilize new
technology which provides high-volume, high-speed, asynchronous data
transfer over distances of 1,000 miles or more; (vi) maintain processes
that mitigate marketplace, operational and cyber-attack risks; (vii)
test continuity plan readiness and connectivity on a regular basis
ensuring that users and third-party vendors/service providers can
connect to DDR's primary and back-up sites; (viii) communicate on an
emergency basis with the market, users and government agency decision-
makers; and (ix) evaluate, test, and utilize best business continuity
and resiliency practices.\70\
---------------------------------------------------------------------------

    \69\ See id. at sec. 8.1.
    \70\ See id.
---------------------------------------------------------------------------

C. Acceptance and Use of SBS Data

    The application provides that DDR will provide Market Participants
with the ability to submit data for over-the-counter (``OTC'')
derivatives for credits, equities, rates, foreign exchange (``FX'') and
other commodity asset classes.\71\ DDR may reject a transaction record
submitted due the submission failing to meet DDR validations, including
but not limited to the submission failing to be

in a format that can be ingested by DDR, failing to meet jurisdictional
requirements or failing to provide required data elements.\72\ A
rejected submission is deemed not to have been submitted at all with
respect to reporting to the jurisdiction for which it was rejected (it
is possible that one transaction record is submitted to comply with
reporting in more than one jurisdiction and may be acceptable for one
jurisdiction, but rejected for the other).\73\ Upon submission, the DDR
System will perform validation checks to ensure that each submitted
record is complete and accurate, in accordance DDR's message ingestion
requirements.\74\ This process is completed through validation and
consistency checks.\75\ If the record fails these validation or
consistency checks, the record will be rejected, and such rejection
status will be communicated to the user(s) to correct and re-
submit.\76\ According to DDR, the SDR process is an end-to-end straight
through process; from the receipt of data, processing and maintenance
of data, and dissemination of data, processes are automated and do not
require manual intervention; this straight through processing model is
a key mitigant to modification or invalidation of any data.\77\
---------------------------------------------------------------------------

    \71\ Id. at sec. 3.1; see also Disclosure Document, Ex. D6, sec.
1.
    \72\ Rulebook, Ex. HH, sec. 1.3.
    \73\ Id.
    \74\ Id. at sec. 10.1.1.
    \75\ Id.
    \76\ Id.
    \77\ Ex. EE.
---------------------------------------------------------------------------

    DDR's Operating Procedures provides that DDR and each user agrees
that each will treat as confidential (both during and after the
termination of a user's access to DDR's system) all confidential
information (defined as: (i) With respect to DDR, transaction data
specified in records received by DDR and any data, reports, summaries
or payment amounts which may be produced as a result of processing such
transaction data, and (ii) with respect to any user, the technical
specifications of DDR's system (to the extent not publicly disclosed by
DDR; but confidential information does not include data distributed to
the public in accordance will applicable law).\78\
---------------------------------------------------------------------------

    \78\ Rulebook, Ex. HH, app. A, sec. 8; see also Disclosure
Document, Ex. D6, sec. 5 (DDR's privacy and confidentiality policies
and procedures).
---------------------------------------------------------------------------

D. Fees

    The application includes DDR's fee schedules.\79\ There are two
types of fees, Position Maintenance Fees and Account Management
Fees.\80\ DDR charges a monthly ``Position Maintenance Fee,'' based on
the number of positions open at any time during the applicable month
and which decreases as the number of open positions increases on a
tiered basis.\81\ Position count includes positions even if terminated
or exited prior to the month end.\82\ Platforms, as that term is
defined by Commission rules,\83\ are not charged position maintenance
fees.\84\ For a position where a clearing agency (``Clearer'') is a
counterparty, the Clearer shall be responsible for the Position
Maintenance Fee, less a 75% reduction.\85\ For all other positions, the
Reporting Side, as that term is defined by Commission rules,\86\ will
be responsible for Position Maintenance Fees.\87\ For entities grouped
as a single account with subaccounts (``Grouped Accounts''), positions
will be aggregated for purposes of determining position count threshold
and to determine the applicable tiered Position Maintenance Fees.\88\
---------------------------------------------------------------------------

    \79\ See Ex. M. Additionally, DDR provides a fee schedule for
DDR Users on its website at http://www.dtcc.com/derivatives-services/global-trade-repository/gtr-us.
    \80\ See Ex. M.
    \81\ The Position Maintenance Fees only apply for a position
count of five hundred or more open positions during any month. See
id. For examples of the calculation of the Position Maintenance Fee,
see Annex A to Exhibit M of the application.
    \82\ See Ex. M.
    \83\ See 17 CFR 242.900(v) (defining ``platform'' as a national
securities exchange or security-based swap execution facility that
is registered or exempt from registration).
    \84\ See Ex. M.
    \85\ See id.
    \86\ See 17 CFR 242.900(gg) (defining ``reporting side'' as the
side of a security-based swap identified by Rule 901(a)(2) as having
the duty to report the transaction).
    \87\ See Ex. M.
    \88\ See id.
---------------------------------------------------------------------------

    In addition to the Position Maintenance Fee, the application
indicates that DDR will charge an annual ``Account Management Fee,''
currently set at $1,200.00, that will apply to all accounts and will be
prorated in the year the account is opened.\89\ Accounts may be set up
on an individual entity basis or, in certain instances, as Grouped
Accounts, such as a corporate family \90\ that chooses to structure its
account as a single account with subaccounts for affiliates or an asset
manager that chooses to structure its account as a single account with
subaccounts for its managed funds. Grouped Accounts will be charged one
Account Management Fee.\91\
---------------------------------------------------------------------------

    \89\ See id.
    \90\ DDR organizes its users into families (each, a ``Family'')
as directed by the users (through User Agreements or in such other
manner as designated by DDR from time to time) that desire to be so
organized. See Rulebook, Ex. HH, app. A, sec. 2.
    \91\ See id.
---------------------------------------------------------------------------

    DDR's fee policy further provides that users will have the option
to elect to enter into a long-term commitment for a period ending
December 31, 2024 (``Long Term Commitment''), which would reduce the
applicable Position Maintenance Fee and Account Management Fee by ten
percent, exclusive of tax, for the duration of the Long-Term
Commitment.\92\ If the Long Term Commitment is terminated prior to the
end of the applicable Long Term Commitment period, DDR explains that
the non-Clearer User will be subject to an early termination fee equal
to: (a) The difference between the total amount of fees due after
application of the Long Term Commitment incentive and the total amount
of fees that would have been due during the applicable portion of the
Long Term Commitment period had no incentive been provided (``Total
Incentive Provided''); plus (b) the greater of five percent of the
Total Incentive Provided or $500.00.\93\
---------------------------------------------------------------------------

    \92\ See id.
    \93\ See id.
---------------------------------------------------------------------------

E. Recordkeeping

    The DDR Rulebook provides that DDR will maintain all information as
required by applicable law as well as maintain swap and security-based
swap data throughout the existence of the swap and security-based swap
and for 15 years following termination of the swap or security-based
swap or as otherwise required by applicable regulations.\94\ The
records will be readily accessible throughout the life of a swap or
security-based swap and for 5 years following its termination and shall
be in an electronic format that is non-rewriteable and non-
erasable.\95\ For the remainder of the retention period, the swap or
security-based swap record will be retrievable within 3 business
days.\96\ In the event DDR ceases doing business or ceases to be a
registered or designated trade repository it shall continue, for a
period of not less than five (5) years or upon transfer to the
Designated Regulator or its designee or another registered or
designated trade repository for that jurisdiction, to preserve,
maintain, and make accessible to each Designated Regulator or its
designee, the records and data required by Applicable Regulation in
accordance with DDR's Wind-Down Policies and Procedures document.\97\
---------------------------------------------------------------------------

    \94\ Rulebook, Ex. HH, sec. 1.4.1.
    \95\ Id.
    \96\ Id.
    \97\ Id.

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

F. Disclosure

    DDR publishes a disclosure document to provide a summary of
information regarding its service offerings and the SBS data it
maintains.\98\ Specifically, the disclosure document sets forth a
description of the following: (i) A description of access to services
offered and swap data maintained; (ii) criteria for those seeking to
connect to or link with its SDR; (iii) criteria for those seeking to
connect to or link with DDR systems; (iv) policies and procedures with
respect to DDR systems safeguards; (v) policies and procedures related
to privacy and confidentiality; (vi) policies and procedures regarding
its non-commercial and commercial use of transaction data; \99\ (vii)
procedures for dispute resolution; (viii) fees, rates, dues and other
charges; and (ix) governance arrangements.\100\
---------------------------------------------------------------------------

    \98\ See Disclosure Document, Ex. D6.
    \99\ See also Rulebook, Ex. HH, sec. 6.3 (``As part of the SDR
Services, DDR receives and collects swap and security-based swap
data in the ordinary course of its business from various Market
Participants and registered entities for the purpose of maintaining
a centralized recordkeeping facility for swaps and security-based
swaps. The collection and maintenance of this data is designed to
enhance the transparency, promote standardization and reduce
systemic risk by making this data available to regulators and the
public pursuant to Applicable Law. Therefore, access to data
maintained by DDR to Market Participants is generally prohibited,
except to either counterparty to that particular swap or security-
based swap, such counterparty's authorized third party service
providers or other parties specifically authorized by the User or
counterparty pursuant to Rule 1.3 or 6.4, or to other regulators or
entities in accordance with Rule 6.5 below. DDR shall not, as a
condition of the reporting of swap or security-based swap
transaction data, require a Reporting Party to consent to the use of
reported data for commercial or business purposes. DDR shall not
make commercial use of real-time swap data prior to its public
dissemination.'').
    \100\ See id.
---------------------------------------------------------------------------

G. Regulatory Reporting and Public Dissemination

    As a registered SDR, DDR would carry out an important role in the
regulatory reporting and public dissemination of SBS transactions. As
noted above, DDR has stated that it intends to rely on the no-action
statement included in the ANE Adopting Release for the period set forth
in the ANE Adopting Release with respect to any SBS asset class or
classes for which it intends to accept transaction reports.\101\
Therefore, DDR does not need to include materials in its application
explaining how it would comply with the provisions of the SBS Reporting
Rules noted in the no-action statement.\102\ Instead, DDR may rely on
its discussion about how it complies with comparable CFTC requirements
pertaining to regulatory reporting and public dissemination of swap
transactions.
---------------------------------------------------------------------------

    \101\ See supra note 25 and accompanying text.
    \102\ However, the DDR application includes provisions
explaining how DDR would require users to identify SBS, as required
by Rule 901(c)(1) of Regulation SBSR. See Exhibit HH2, sec. 4.4
(regarding Unique Product Identifiers). The DDR application also
includes a provision explaining how DDR would comply with a
condition to the no-action statement included in the ANE Adopting
Release. See Exhibit GG2, sec. <IP_ADDRESS> (providing, in the case of a
credit security-based swap, for dissemination of a capped notional
size of $5 million if the true notional size of the transaction is
$5 million or greater).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning DDR's Form SDR, including whether DDR has
satisfied the requirements for registration as an SDR and as a SIP.
Commenters are requested, to the extent possible, to provide empirical
data and other factual support for their views. Comments may be
submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/proposed.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SBSDR-2020-01 on the subject line.

Paper Comments

     Send paper comments to Secretary, Securities and Exchange
Commission, 100 F Street NE, Washington, DC 20549-1090. All submissions
should refer to File Number SBSDR-2020-01.

To help the Commission process and review your comments more
efficiently, please use only one method of submission. The Commission
will post all comments on the Commission's internet website (http://www.sec.gov/rules/other.shtml).
    Copies of the Form SDR, all subsequent amendments, all written
statements with respect to the Form SDR that are filed with the
Commission, and all written communications relating to the Form SDR
between the Commission and any person, other than those that may be
withheld from the public in accordance with the provisions of 5 U.S.C.
552, will be available for website viewing and printing in the
Commission's Public Reference Section, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m.
    All comments received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SBSDR-2020-01 and should be
submitted on or before March 3, 2021.

    By the Commission.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-02755 Filed 2-9-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Notices]
[Pages 20920-20922]
[FR Doc No: 2014-08306]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0025]

Underwriters Laboratories Inc.; Application for Expansion of
Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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

SUMMARY: In this notice, OSHA announces the application of Underwriters
Laboratories, Inc., for expansion of its recognition as a Nationally
Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7 and presents
the Agency's preliminary finding to grant the application.
Additionally, OSHA proposes incorporating two new test standards into
the NRTL Program's list of appropriate test standards.

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before April 29, 2014.

ADDRESSES: Submit comments by any of the following methods:
    1. Electronically: Submit comments and attachments electronically
at http://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions online for making electronic submissions.
    2. Facsimile: If submissions, including attachments, are not longer
than 10 pages, commenters may fax them to the OSHA Docket Office at
(202) 693-1648.
    3. Regular or express mail, hand delivery, or messenger (courier)
service: Submit comments, requests, and any attachments to the OSHA
Docket Office, Docket No. OSHA-2009-0025, Technical Data Center, U.S.
Department of Labor, 200 Constitution Avenue NW., Room N-2625,
Washington, DC 20210; telephone:<PHONE_NUMBER> (TTY number: (877) 889-
5627). Note that security procedures may result in significant delays
in receiving comments and other written materials by regular mail.
Contact the OSHA Docket Office for information about security
procedures concerning delivery of materials by express delivery, hand
delivery, or messenger service. The hours of operation for the OSHA
Docket Office are 8:15 a.m.-4:45 p.m., e.t.
    4. Instructions: All submissions must include the Agency name and
the OSHA docket number (OSHA-2009-0025). OSHA will place all
submissions, including any personal information provided, in the public
docket without revision, and these submissions will be available online
at http://www.regulations.gov.
    5. Docket: To read or download submissions or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through the Web site. All submissions, including copyrighted material,
are available for inspection and copying at the OSHA Docket Office.
Contact the OSHA Docket Office for assistance in locating docket
submissions.
    6. Extension of comment period: Submit requests for an extension of
the comment period on or before April 29, 2014 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW., Room N-3655, Washington, DC 20210, or by fax to (202) 693-
1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, 200 Constitution Avenue
NW., Room N-3647, Washington, DC 20210; telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    General and technical information: Contact Mr. David W. Johnson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, 200
Constitution Avenue NW., Room N-3655, Washington, DC 20210; phone:
(202) 693-2110 or email<EMAIL_ADDRESS>
SUPPLEMENTAL INFORMATION:

I. Notice of the Application for Expansion

    The Occupational Safety and Health Administration is providing
notice that Underwriters Laboratories, Inc. (UL) is applying for
expansion of its current recognition as an NRTL. UL requests the
addition of 21 test standards to its NRTL scope of recognition.
    OSHA recognition of an NRTL signifies that the organization meets
the requirements specified in Title 29, Code of Federal Regulations,
Section 1910.7 (29 CFR 1910.7). Recognition is an acknowledgment that
the organization can perform independent safety testing and
certification of the specific products covered within its scope of
recognition. Each NRTL's scope of recognition includes (1) the type of
products the NRTL may test, with each type specified by its applicable
test standard; and (2) the recognized site(s) that has/have the
technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope of
recognition. Recognition is not a delegation or grant of government
authority; however, recognition enables employers to use products
approved by the NRTL to meet OSHA standards that require product
testing and certification.
    The Agency processes applications by an NRTL for initial
recognition, and for an expansion or renewal of this recognition,
following requirements in Appendix A to 29 CFR 1910.7. This appendix
requires that the Agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides its preliminary finding. In the second notice,
the Agency provides its final decision on the application. These
notices set forth the NRTL's scope of recognition or modifications of
that scope. OSHA maintains an informational Web page for each NRTL,
including UL, which details the NRTL's scope of recognition. These
pages are available from the OSHA Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
    UL currently has 34 facilities (sites) recognized by OSHA for
product testing and certification, with its headquarters located at:
Underwriters Laboratories, Inc., 333 Pfingsten Road, Northbrook, IL
60062. A complete list of UL's scope of recognition is available at
http://www.osha.gov/dts/otpca/nrtl/ul.html.

II. General Background on the Application

    UL submitted an application, dated March 26, 2013 (see Exhibit 1),
to expand its recognition to include multiple additional test
standards. The Office of Technical Programs and Coordination Activities
(OTPCA) staff performed a comparability analysis and reviewed other
pertinent information. OSHA did not perform any on-site reviews in
relation to this application.
    Table 1 below lists appropriate test standards found within UL's
application for expansion for testing and certification of products
under the NRTL Program. Two of these test standards, UL 66 and UL 8750,
are new to the NRTL Program, and OSHA preliminarily determined that
they are ``appropriate test standards'' within the meaning of 29 CFR
1910.7(c).

      Table 1--Proposed List of Appropriate Test Standards for Inclusion in UL's NRTL Scope of Recognition
----------------------------------------------------------------------------------------------------------------
                          Test standard                                         Test standard title
----------------------------------------------------------------------------------------------------------------
ANSI/UL 2208.....................................................  Solvent Distillation Units.
IEEE C37.20.7....................................................  IEEE Guide for Testing Metal-Enclosed
                                                                    Switchgear Rated Up to 38 kV for Internal
                                                                    Arcing Faults.
ANSI/UL 8750 *...................................................  Light Emitting Diode (LED) Equipment for Use
                                                                    in Lighting Products.
ANSI/UL 448B.....................................................  Residential Fire Pumps Intended for One- and
                                                                    Two-Family Dwellings and Manufactured Homes.
ANSI/UL 448C.....................................................  Stationary, Rotary-Type, Positive-
                                                                    Displacement Pumps for Fire Protection
                                                                    Service.
ANSI/UL 62368-1..................................................  Audio/Video, Information and Communication
                                                                    Technology Equipment--Part 1: Safety
                                                                    Requirements.
ANSI/UL 50E......................................................  Enclosures for Electrical Equipment,
                                                                    Environmental Considerations.
ANSI/UL 61800-5-1................................................  Adjustable Speed Electrical Power Drive
                                                                    Systems--Part 5-1: Safety Requirements--
                                                                    Electrical, Thermal and Energy.
ANSI/UL 66 *.....................................................  Fixture Wire.
ANSI/UL 2239.....................................................  Hardware for the Support of Conduit, Tubing,
                                                                    and Cable.
ANSI/UL 62275....................................................  Cable Management Systems--Cable Ties for
                                                                    Electrical Installations.
ANSI/UL 60335-2-40...............................................  Household and Similar Electrical Appliances,
                                                                    Part 2: Particular Requirements for
                                                                    Electrical Heat Pumps, Air-Conditioners and
                                                                    Dehumidifiers.
ANSI/UL 2560.....................................................  Emergency Call Systems for Assisted Living
                                                                    and Independent Living Facilities.
ANSI/UL 2572.....................................................  Mass Notification Systems.
ANSI/UL 2577.....................................................  Suspended Ceiling Grid Low Voltage Systems
                                                                    and Equipment.
ANSI/UL 8752.....................................................  Organic Light Emitting Diode (OLED) Panels.
ANSI/UL 60745-2-13...............................................  Hand-Held Motor-Operated Electric Tools--
                                                                    Safety-- Part 2-13: Particular Requirements
                                                                    For Chain Saws.
ANSI/UL 60745-2-15...............................................  Hand-Held Motor-Operated Electric Tools--
                                                                    Safety--Part 2-15: Particular Requirements
                                                                    for Hedge Trimmers.
ANSI/UL 2586.....................................................  Hose Nozzle Valves.
ANSI/UL 2238.....................................................  Cable Assemblies and Fittings for Industrial
                                                                    Control and Signal Distribution.
UL 6142..........................................................  Small Wind Turbine Systems.
----------------------------------------------------------------------------------------------------------------
* Test standards new to the NRTL Program.

III. Preliminary Findings on the Application

    OSHA's preliminary findings:
    1. UL submitted an acceptable application for expansion of its
scope of recognition. OSHA's review of the application file and its
comparability analysis indicate that UL can meet the requirements
prescribed by 29 CFR 1910.7 for expanding its recognition to include
the addition of 21 test standards for NRTL testing and certification
listed above. This preliminary determination does not constitute an
interim or temporary approval of UL's application.
    2. The UL 66 and UL 8750 test standards are appropriate test
standards, and OSHA proposes to include these test standards in the
NRTL Program's list of appropriate test standards.
    OSHA welcomes public comment as to whether UL meets the
requirements of 29 CFR 1910.7 for expansion of its recognition as an
NRTL. OSHA also seeks comments as to whether the UL 66 and UL 8750 test
standards are appropriate test standards under the NRTL Program.
Comments should consist of pertinent written documents and exhibits.
Commenters needing more time to comment must submit a request in
writing, stating the reasons for the request. Commenters must submit
the written request for an extension by the due date for comments. OSHA
will limit any extension to 10 days unless the requester justifies a
longer period. OSHA may deny a request for an extension if the request
is not adequately justified. To obtain or review copies of the publicly
available information in UL's application, including pertinent
documents (e.g., exhibits) and all submitted comments, contact the
Docket Office, Room N-2625, Occupational Safety and Health
Administration, U.S. Department of Labor, at the above address; these
materials also are available online at http://www.regulations.gov under
Docket NoOSHA-2009-0025.
    The OTPCA staff will review all comments to the docket submitted in
a timely manner and, after addressing the issues raised by these
comments, will recommend to the Assistant Secretary for Occupational
Safety and Health whether to grant UL's application for expansion of
its scope of recognition and whether to add the two test standards to
the NRTL list of appropriate test standards. The Assistant Secretary
will make the final decision on granting the application and adding the
two new test standards. In making this decision, the Assistant
Secretary may undertake other proceedings prescribed in Appendix A to
29 CFR 1910.7.
    OSHA will publish a public notice of its final decision in the
Federal Register.

IV. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW.,
Washington, DC 20210, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C.
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on April 9, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-08306 Filed 4-11-14; 8:45 am]
BILLING CODE 4510-26-P