[Federal Register: March 11, 2010 (Volume 75, Number 47)]
[Notices]
[Page 11542-11545]
[DOCID:fr11mr10-59]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0121]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Mammography Quality Standards Act Requirements

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY:  The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on the estimated reporting and
recordkeeping burden associated with the Mammography Quality Standards
Act requirements.

DATES: Submit written or electronic comments on the collection of
information by May 10, 2010.

ADDRESSES:  Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Daniel Gittleson, Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes agency requests or requirements that members of
the public

submit reports, keep records, or provide information to a third party.
Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires
Federal agencies to provide a 60-day notice in the Federal Register
concerning each proposed collection of information, including each
proposed extension of an existing collection of information before
submitting the collection to OMB for approval. To comply with this
requirement, FDA is publishing notice of the proposed collection of
information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

The Mammography Quality Standards Act Requirements--21 CFR Part 900
(OMB Control Number 0910-0309)--Extension

    The Mammography Quality Standards Act requires the establishment of
a Federal certification and inspection program for mammography
facilities; regulations and standards for accreditation and
certification bodies for mammography facilities; and standards for
mammography equipment, personnel, and practices, including quality
assurance. The intent of these regulations is to assure safe, reliable,
and accurate mammography on a nationwide level.
    Under the regulations, as a first step in becoming certified,
mammography facilities must become accredited by an FDA-approved
accreditation body. This requires undergoing a review of their clinical
images and providing the accreditation body with information showing
that they meet the equipment, personnel, quality assurance and quality
control standards, and have a medical reporting and recordkeeping
program, a medical outcomes audit program, and a consumer compliant
mechanism. On the basis of this accreditation, facilities are then
certified by FDA or an FDA-approved State certification agency and must
prominently display their certificate. These actions are taken to
ensure safe, accurate, and reliable mammography on a nationwide basis.
    FDA estimates the burden of this collection of information as
follows:

                                                       Table 1.--Estimated Annual Reporting Burden
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                                                                Annual                                                          Total    Total Operating
              21 CFR  Section                   No.  of      Frequency per   Total Annual      Hours per       Total Hours     Capital     & Maintenance
                                              Respondents      Response       Responses        Response                         Costs         Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
900.3(b)(1)                                           0.33               1           0.33         1                    0.33  ..........  ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
900.3(b)(3)                                           0.33               1           0.33       320                  106         10,000  ...............
full\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
900.3(b)(3)                                           5                  1           5           30                  150     ..........  ...............
limited\2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
900.3(d)(2)                                           0.1                1           0.1         30                    3     ..........  ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
900.3(d)(5)                                           0.1                1           0.1         30                    3     ..........  ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
900.3(e)                                              0.1                1           0.1          1                    0.1   ..........  ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
900.3(f)(2)                                           0.1                1           0.1        200                   20     ..........              $45
--------------------------------------------------------------------------------------------------------------------------------------------------------
900.4(c)                                          2,894                  1       2,894            1.5              4,341     ..........  ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
900.11(b)(1)                                ..............  ..............  .............  ................  ..............  ..........  ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
900.11(b)(2)                                ..............  ..............  .............  ................  ..............  ..........
facility\3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
900.4(c)                                              5                  1           5          421                2,105     ..........         $173,620
AB\4\
--------------------------------------------------------------------------------------------------------------------------------------------------------
900.4(d)                                          2,894                  1       2,894             .75             2,171     ..........  ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
900.11(b)(1)                                ..............  ..............  .............  ................  ..............  ..........  ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
900.11(b)(2)                                ..............  ..............  .............  ................  ..............  ..........  ...............
facility\3\
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900.4(d)                                              5                  1           5          211                1,055     ..........  ...............
AB\4\
--------------------------------------------------------------------------------------------------------------------------------------------------------
900.4(e)                                          8,681                  1       8,681            1                8,681     ..........           $8,681
--------------------------------------------------------------------------------------------------------------------------------------------------------
900.11(b)(1)                                ..............  ..............  .............  ................  ..............  ..........  ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
900.11(b)(2)                                ..............  ..............  .............  ................  ..............  ..........  ...............
facility\3\
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900.4(e)                                              5                  1           5        1,736                8,680     ..........  ...............
AB\4\
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900.4(f)                                            331                  1         331            7                2,317     ..........          $77,640
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900.4(h)                                          8,681                  1       8,681            1                8,681     ..........           $3,820
facility\3\
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900.4(h)                                              5                  1           5           10                   50     ..........  ...............
AB\4\
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900.4(i)(2)                                           1                  1           1           16                   16     ..........  ...............
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900.6(c)(1)                                           0.1                1           0.1         60                    6     ..........  ...............
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900.11(b)(3)                                          5                  1           5             .5                  2.5   ..........  ...............
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900.11(c)                                           400                  1         400            5                2,000     ..........  ...............
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900.12(c)(2)                                      8,681              4,942  42,901,502             .0833333    3,575,124     ..........      $19,500,000
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900.12(c)(2)                                         87                  1          87             .5                 43.5   ..........  ...............
patient refusal\5\
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900.12(h)(4)                                          7                  1           7            1                    7     ..........  ...............
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900.12(j)(1)                                          8                  1           8          200                1,600     ..........             $120
facility\3\
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900.12(j)(1)                                          8                  1           8          320                2,560     ..........             $240
AB\4\
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900.12(j)(2)                                          2                  1           2          100                  200     ..........           $3,875
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900.15(c)                                             5                  1           5            2                   10     ..........  ...............
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900.15(d)(3)(ii)                                      1                  1           1            2                    2     ..........  ...............
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900.18(c)                                             2                  1           2            2                    4     ..........  ...............
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900.18(e)                                             2                  1           2            1                    2     ..........  ...............
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900.21(b)                                             0.33               1           0.33       320                  106        $30,000             $174
--------------------------------------------------------------------------------------------------------------------------------------------------------
900.21(c)(2)                                          0.1                1           0.1         30                    3     ..........  ...............
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900.22(h)                                             5                200       1,000             .083               83     ..........               20
--------------------------------------------------------------------------------------------------------------------------------------------------------
900.22(i)                                             2                  1           2           30                   60     ..........  ...............
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900.23                                                5                  1           5           20                  100     ..........  ...............
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900.24(a)                                             0.4                1           0.4        200                   80     ..........              $42
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900.24(a)(2)                                          0.15               1           0.15       100                   15     ..........              $21
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900.24(b)                                             1                  1           1           30                   30     ..........  ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
900.24(b)(1)                                          0.3                1           0.3        200                   60     ..........              $42
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900.24(b)(3)                                          0.15               1           0.15       100                   15     ..........              $21
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900.25(a)                                             0.2                1           0.2         16                    3.2   ..........  ...............
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FDA Form 3422                                       700                  1         700             .25               175     ..........  ...............
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Total                                       ..............  ..............  .............  ................    3,620,673        $40,000      $19,768,361
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\1\ One-time burden.
\2\ Refers to accreditation bodies applying to accredit specific Full Field Digital Mammography units.
\3\ Refers to the facility component of the burden for this requirement.
\4\ Refers to the accreditation body component of the burden for this requirement.
\5\ Refers to the situation where a patient specifically does not want to receive the lay summary of her exam.

                                                   Table 2.--Estimated Annual Recordkeeping Burden\1\
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                                                                  Annual                                                        Total    Total Operating
               21 CFR Section                     No. of       Frequency per   Total Annual      Hours per      Total Hours    Capital     & Maintenance
                                               Recordkeepers   Recordkeeping     Records          Record                        Costs         Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
900.3(f)(1)                                             0.1                1           0.1          0                  0     ..........  ...............
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900.4(g)                                                5                  1           5            1                  5     ..........  ...............
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900.12(a)(1)(i)(B)(2)                                  87                  1          87            8                696     ..........  ...............
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900.12(a)(4)                                        8,681                  4      34,724            1             34,724     ..........  ...............
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900.12(c)(4)                                        8,681                  1       8,681            1              8,681        $28,000  ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
900.12(e)(13)                                       8,681                 52     451,412             .083333      37,618     ..........  ...............
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900.12(f)                                           8,681                  1       8,681           16            138,896     ..........  ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
900.12(h)(2)                                        8,681                  2      17,362            1             17,362     ..........  ...............
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900.22(a)                                               5                  1           5            1                  5     ..........  ...............
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900.22(d)                                               5                  1           5            1                  5     ..........  ...............
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900.22(e)                                               5                  1           5            1                  5     ..........  ...............
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900.22(f)                                               3                  1           3            1                  3     ..........  ...............
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900.22(g)                                               5                  1           5            1                  5     ..........              $50
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900.25(b)                                               5                  1           5            1                  5     ..........  ...............
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Total                                         ..............  ..............  .............  ................    238,010        $28,000              $50
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    The following sections of title 21 of the Code of Federal
Regulations (CFR) were not included in the previously mentioned burden
tables because they were considered usual and customary practice and
were part of the standard of care prior to the implementation of the
regulations. Therefore, they resulted in no additional reporting or
recordkeeping burden: 21 CFR 900.12(c)(1) and (c)(3) and 21 CFR
900.3(f)(1).
    Section 900.3(c) was not included in the previously mentioned
burden tables because all four existing accreditation bodies are
approved until late in 2013; so, no applicants will reapply during the
requested information collection period. Section 900.24(c) was also not
included in the previously mentioned burden tables because if a
certifying state had its approval withdrawn, FDA would take over
certifying authority for the affected facilities. Because FDA already
has all the certifying state's electronic records, there wouldn't be an
additional reporting burden.

    Dated: March 8, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-5230 Filed 3-11-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register: October 24, 2005 (Volume 70, Number 204)]
[Notices]
[Page 61484-61489]
[DOCID:fr24oc05-91]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52574; File No. SR-NASD-2005-099]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing of Proposed Rule Change and Amendment
No. 1 Thereto Relating to Amendments to the Restated Certificate of
Incorporation of the Nasdaq Stock Market, Inc.

October 7, 2005.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 19, 2005, the National Association of Securities Dealers,
Inc. (``NASD''), through its subsidiary, the Nasdaq Stock Market, Inc.
(``Nasdaq''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by Nasdaq. On September
30, 2005, Nasdaq submitted Amendment No. 1 to the proposed rule
change.\3\ The Commission is publishing this notice, as amended, to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 made minor edits to the originally filed
proposed rule change and clarified the proposed definition of
``Broker Affiliate'' set forth in Paragraph C.6. of Nasdaq's
Restated Certificate of Incorporation to include a broker or dealer
or an affiliate thereof. In Amendment No. 1, Nasdaq also reflected
approval of the proposal by the Board of Directors of Nasdaq and by
its stockholders.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq proposes to amend its Restated Certificate of Incorporation
(``Certificate''). Below is the text of the proposed rule change, as
amended. Proposed new language is italicized; proposed deletions are in
[brackets].
* * * * *

RESTATED CERTIFICATE OF INCORPORATION OF THE NASDAQ STOCK MARKET, INC.

* * * * *

ARTICLE FOURTH

    A. No change.
    B. No change.
    C. 1. (a) Except as may otherwise be provided in this Restated
Certificate of Incorporation (including any Preferred Stock
Designation) or by applicable law, each holder of Common Stock, as
such, shall be entitled to one vote for each share of Common Stock held
of record by such holder on all matters on which stockholders generally
are entitled to vote, and no holder of any series of Preferred Stock,
as such, shall be entitled to any voting powers in respect thereof.
    (b) Except as may otherwise be provided in this Restated
Certificate of Incorporation or by applicable law, the holders of the
3.75% Series A Convertible Notes due 2012 (as may be amended,
supplemented or otherwise modified from time to time, the ``Series A
Notes'') and the 3.75% Series B Convertible Notes due 2012 (as may be
amended, supplemented or otherwise modified from time to time, the
``Series B Notes'' and, together with the Series A Notes, the
``Notes'') [4.0% Convertible Subordinated Notes due 2006 (the
``Notes'')] which may be issued from time to time by Nasdaq shall be
entitled to vote on all matters submitted to a vote of the stockholders
of Nasdaq, voting together with the holders of the Common Stock (and of
any other shares of capital stock of Nasdaq entitled to vote at a
meeting of stockholders) as one class. Each principal amount of Notes
shall be entitled to a number of votes equal to the number of votes
represented by the Common Stock of Nasdaq that could then be acquired
upon conversion of such principal amount of Notes into Common Stock,
subject to adjustments as provided in the Notes and the Indenture dated
as of April 22, 2005 between Nasdaq and Law Debenture Trust Company of
New York, as trustee, as such Indenture may be amended, supplemented or
otherwise modified from time to time. Holders of the Notes shall be
deemed to be stockholders of Nasdaq, and the Notes shall be deemed to
be shares of stock, solely for the purpose of any provision of the
General Corporation Law of the State of Delaware or this Restated
Certificate of Incorporation that requires the vote of stockholders as
a prerequisite to any corporate action.
    2. Notwithstanding any other provision of this Restated Certificate
of Incorporation, but subject to subparagraph 6 of this paragraph C. of
this Article Fourth, in no event shall (i) any record owner of any
outstanding Common Stock or Preferred Stock which is beneficially
owned, directly or indirectly, as of any record date for the
determination of stockholders and/or holders of Notes entitled to vote
on any matter, or (ii) any holder of any Notes which are beneficially
owned, directly or indirectly, as of any record date for the
determination of stockholders and/or holders of Notes entitled to vote
on any matter, by a person (other than an Exempt Person) who
beneficially owns shares of Common Stock, Preferred Stock and/or Notes
[(''Excess Shares and/or Notes'')] in excess of five percent (5%) of
the then-outstanding shares of stock generally entitled to vote as of
the record date in respect of such matter (``Excess Shares and/or
Notes''), be entitled or permitted to vote any Excess Shares and/or
Notes on such matter. For all purposes hereof, any calculation of the
number of shares of stock outstanding at any particular time, including
for purposes of determining the particular percentage of such
outstanding shares of stock of which any person is the beneficial
owner, shall be made in accordance with the last sentence of Rule 13d-
3(d)(1)(i) of the General Rules and Regulations under the Securities
Exchange Act of 1934, as amended (the ``Exchange Act''), as in effect
on the date of filing this Restated Certificate of Incorporation.

    3. The following definitions shall apply to this paragraph C. of
this Article Fourth:
    (a) ``Affiliate'' shall have the meaning ascribed to that term in
Rule 12b-2 of the General Rules and Regulations under the Exchange Act,
as in effect on the date of filing this Restated Certificate of
Incorporation.
    (b) A person shall be deemed the ``beneficial owner'' of, shall be
deemed to have ``beneficial ownership'' of and shall be deemed to
``beneficially own'' any securities:
    (i) Which such person or any of such person's Affiliates is deemed
to beneficially own, directly or indirectly, within the meaning of Rule
l3d-3 of the General Rules and Regulations under the Exchange Act as in
effect on the date of the filing of this Restated Certificate of
Incorporation;
    (ii) Which such person or any of such person's Affiliates has (A)
the right to acquire (whether such right is exercisable immediately or
only after the passage of time) pursuant to any agreement, arrangement
or understanding (other than customary agreements with and between
underwriters and selling group members with respect to a bona fide
public offering of securities), or upon the exercise of conversion
rights, exchange rights, rights, warrants or options, or otherwise;
provided, however, that a person shall not be deemed the beneficial
owner of, or to beneficially own, securities tendered pursuant to a
tender or exchange offer made by or on behalf of such person or any of
such person's Affiliates until such tendered securities are accepted
for purchase; or (B) the right to vote pursuant to any agreement,
arrangement or understanding; provided, however, that a person shall
not be deemed the beneficial owner of, or to beneficially own, any
security by reason of such agreement, arrangement or understanding if
the agreement, arrangement or understanding to vote such security (1)
arises solely from a revocable proxy or consent given to such person in
response to a public proxy or consent solicitation made pursuant to,
and in accordance with, the applicable rules and regulations
promulgated under the Exchange Act and (2) is not also then reportable
on Schedule 13D under the Exchange Act (or any comparable or successor
report); or
    (iii) Which are beneficially owned, directly or indirectly, by any
other person and with respect to which such person or any of such
person's Affiliates has any agreement, arrangement or understanding
(other than customary agreements with and between underwriters and
selling group members with respect to a bona fide public offering of
securities) for the purpose of acquiring, holding, voting (except to
the extent contemplated by the proviso to (b)(ii)(B) above) or
disposing of such securities; provided, however, that (A) no person who
is an officer, director or employee of an Exempt Person shall be
deemed, solely by reason of such person's status or authority as such,
to be the ``beneficial owner'' of, to have ``beneficial ownership'' of
or to ``beneficially own'' any securities that are ``beneficially
owned'' (as defined herein), including, without limitation, in a
fiduciary capacity, by an Exempt Person or by any other such officer,
director or employee of an Exempt Person, and (B) the Voting Trustee,
as defined in the Voting Trust Agreement by and among Nasdaq, the
National Association of Securities Dealers, Inc., a Delaware
corporation (the ``NASD''), and The Bank of New York, a New York
banking corporation, as such may be amended from time to time (the
``Voting Trust Agreement''), shall not be deemed, solely by reason of
such person's status or authority as such, to be the ``beneficial
owner'' of, to have ``beneficial ownership'' of or to ``beneficially
own'' any securities that are governed by and held in accordance with
the Voting Trust Agreement.
    (c) A ``person'' shall mean any individual, firm, corporation,
partnership, limited liability company or other entity.
    (d) ``Exempt Person'' shall mean Nasdaq or any Subsidiary of
Nasdaq, in each case including, without limitation, in its fiduciary
capacity, or any employee benefit plan of Nasdaq or of any Subsidiary
of Nasdaq, or any entity or trustee holding stock for or pursuant to
the terms of any such plan or for the purpose of funding any such plan
or funding other employee benefits for employees of Nasdaq or of any
Subsidiary of Nasdaq.
    (e) ``Subsidiary'' of any person shall mean any corporation or
other entity of which securities or other ownership interests having
ordinary voting power sufficient to elect a majority of the board of
directors or other persons performing similar functions are
beneficially owned, directly or indirectly, by such person, and any
corporation or other entity that is otherwise controlled by such
person.
    (f) The Board shall have the power to construe and apply the
provisions of this paragraph C. of this Article Fourth and to make all
determinations necessary or desirable to implement such provisions,
including, but not limited to, matters with respect to (1) the number
of shares of stock beneficially owned by any person, (2) the number of
Notes beneficially owned by any person, (3) whether a person is an
Affiliate of another, (4) whether a person has an agreement,
arrangement or understanding with another as to the matters referred to
in the definition of beneficial ownership, (5) the application of any
other definition or operative provision hereof to the given facts, or
(6) any other matter relating to the applicability or effect of this
paragraph C. of this Article Fourth.
    4. The Board shall have the right to demand that any person who is
reasonably believed to hold of record or beneficially own Excess Shares
and/or Notes supply Nasdaq with complete information as to (a) the
record owner(s) of all shares and/or Notes beneficially owned by such
person who is reasonably believed to own Excess Shares and/or Notes,
and (b) any other factual matter relating to the applicability or
effect of this paragraph C. of this Article Fourth as may reasonably be
requested of such person.
    5. Any constructions, applications, or determinations made by the
Board, pursuant to this paragraph C. of this Article Fourth, in good
faith and on the basis of such information and assistance as was then
reasonably available for such purpose, shall be conclusive and binding
upon Nasdaq, its stockholders and the holders of the Notes.
    6. Notwithstanding anything herein to the contrary, subparagraph 2
of this paragraph C. of this Article Fourth shall not be applicable to
any Excess Shares and/or Notes beneficially owned by (a) the NASD or
its Affiliates until such time as the NASD beneficially owns five
percent (5%) or less of the outstanding shares of stock and/or Notes
entitled to vote on the election of a majority of directors at such
time, (b) any other person as may be approved for such exemption by the
Board prior to the time such person beneficially owns more than five
percent (5%) of the outstanding shares of stock and/or Notes entitled
to vote on the election of a majority of directors at such time or (c)
Hellman & Friedman Capital Partners IV, L.P., H&F International
Partners IV-A, L.P., H & F International Partners IV-B, L.P., [and] H&F
Executive Fund, IV L.P.; Silver Lake Partners II TSA, L.P., Silver Lake
Technology Investors II, L.L.C., Silver Lake Partners TSA, L.P., and
Silver Lake Investors, L.P. or their respective affiliated investment
funds that are: (i) Under common management and control, (ii) comprised
of members or partners with the same ultimate ownership, and (iii)
subject to

terms and conditions that are substantially identical in all material
respects, if the Board has approved an exemption for any other person
pursuant to section 6(b) of this paragraph C. of this Article Fourth
(other than an exemption granted in connection with the establishment
of a strategic alliance with another exchange or similar market)
provided that in no event shall the exemption contained in Section 6(c)
cause a registered broker or dealer or an Affiliate thereof (a ``Broker
Affiliate,'' provided that, a Broker Affiliate shall not include an
entity that either owns ten percent or less of the equity of a broker
or dealer, or for which the broker or dealer accounts for one percent
or less of the gross revenues received by the consolidated entity) to
receive an exemption for a greater percentage of voting securities than
has been granted to another Broker Affiliate by the Board. The Board,
however, may not approve an exemption under section 6(b): (i) For a
Broker Affiliate [registered broker or dealer or an Affiliate thereof
(provided that, for these purposes, an Affiliate shall not be deemed to
include an entity that either owns ten percent or less of the equity of
a broker or dealer, or the broker or dealer accounts for one percent or
less of the gross revenues received by the consolidated entity);] or
(ii) an individual or entity that is subject to a statutory
disqualification under section 3(a)(39) of the Exchange Act. The Board
may approve an exemption for any other stockholder or holder of Notes
if the Board determines that granting such exemption would (A) not
reasonably be expected to diminish the quality of, or public confidence
in, The Nasdaq Stock Market or the other operations of Nasdaq, on the
ability to prevent fraudulent and manipulative acts and practices and
on investors and the public, and (B) promote just and equitable
principles of trade, foster cooperation and coordination with persons
engaged in regulating, clearing, settling, processing information with
respect to and facilitating transactions in securities or assist in the
removal of impediments to or perfection of the mechanisms for a free
and open market and a national market system.
    7. In the event any provision (or portion thereof) of this
paragraph C. of this Article Fourth shall be found to be invalid,
prohibited or unenforceable for any reason, the remaining provisions
(or portions thereof) of this paragraph C. of this Article Fourth shall
remain in full force and effect, and shall be construed as if such
invalid, prohibited or unenforceable provision (or portion hereof) had
been stricken herefrom or otherwise rendered inapplicable, it being the
intent of Nasdaq, its stockholders and the holders of the Notes that
each such remaining provision (or portion thereof) of this paragraph C.
of this Article Fourth remains, to the fullest extent permitted by law,
applicable and enforceable as to all stockholders and all holders of
Notes, including stockholders and holders of Notes that beneficially
own Excess Shares and/or Notes, notwithstanding any such finding.
* * * * *

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

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

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

1. Purpose
    Nasdaq states that the purpose of the proposed rule change is to
amend the Certificate to afford the holders of 3.75% Series A
Convertible Notes due October 2012 (``Series A Notes'') and the 3.75%
Series B Convertible Notes due 2012 (``Series B Notes'' and,
collectively with the Series A Notes, the ``Notes'') the right to vote
with Nasdaq stockholders. The Series A Notes and the Series B Notes
were issued in connection with Nasdaq's entry into a definitive
agreement and plan of merger (``Merger Agreement'') with Instinet Group
Incorporated (``Instinet''), under which Nasdaq will acquire all
outstanding shares of Instinet for an aggregate purchase price of
approximately $1.878 billion in cash and Instinet will merge into a
wholly owned subsidiary of Nasdaq (``Merger''). The purchase price is
comprised of approximately $934.5 million from Nasdaq, approximately
$207.5 million from Iceland Acquisition Corp., an affiliate of Silver
Lake Partners II, L.P. (``SLP''), a private equity fund, pursuant to
the sale of Instinet's institutional brokerage business, and the
balance from Instinet's available cash, including approximately $174
million from the sale of Instinet's Lynch, Jones & Ryan, Inc.
subsidiary (``LJR''). As a result of the Merger, Instinet would become
a wholly owned subsidiary of Nasdaq. Nasdaq states that completion of
the Merger is subject to Instinet's sale of LJR and customary closing
conditions, including regulatory approvals, including approval of the
Merger by the Commission and approval under the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (``HSR Act''). Nasdaq expects the
Merger to be completed during the fourth quarter of 2005 or the first
quarter of 2006.
    Nasdaq concurrently entered into a definitive agreement
(``Transaction Agreement'') to sell Instinet's institutional brokerage
business to Iceland Acquisition Corp., an affiliate of SLP, immediately
upon the closing of the Merger for a purchase price of $207.5 million,
subject to certain adjustments. The proposed sale is subject to terms
and conditions set forth in the Transaction Agreement. According to
Nasdaq, these include, among other things, the closing of the Merger
and closing conditions that are similar to the closing conditions
contained in the Merger Agreement, including approval under the HSR Act
and the obtaining of other required regulatory approvals with respect
to the sale of the institutional brokerage business to Iceland
Acquisition Corp.
    According to Nasdaq, on April 22, 2005, it entered into a
Securities Purchase Agreement (``Securities Purchase Agreement'') with
Norway Acquisition SPV, LLC (``Norway SPV'') providing for the sale by
Nasdaq to Norway SPV of $205 million aggregate principal amount of the
Series A Notes and warrants (``Series A Warrants'') to purchase
2,209,052 shares of Nasdaq's common stock (``Common Stock'') at $14.50
per share. In addition, the Series A Notes will be convertible into
Common Stock, subject to certain adjustments and conditions, at a
purchase price of $14.50 per share, which would equal 14,137,931
shares. The Series A Notes and the Series A Warrants purchased by
Norway SPV are indirectly owned by Hellman & Friedman Capital Partners
IV, L.P., H&F International Partners IV-A, L.P., H&F International
Partners IV-B, L.P., and H&F Executive Fund IV, L.P. (collectively, the
``H&F Entities'') and Silver Lake Partners II TSA, L.P., Silver Lake
Technology Investors II, L.L.C., Silver Lake Partners TSA, L.P., and
Silver Lake Investors, L.P. (collectively, the ``SLP Entities'') and
Integral Capital Partners VI, L.P. and VAB Investors, LLC,
(collectively with the SLP Entities, the ``SLP Investors''). Nasdaq
will

receive proceeds of $205.0 million from the sale of the Series A Notes
and Series A Warrants, less fees and other expenses.
    On April 22, 2005, Nasdaq also entered into a Note Amendment
Agreement (``Note Amendment Agreement'') with the H&F Entities
providing for the exchange by Nasdaq of its $240 million aggregate
principal amount of 4.0% Convertible Subordinated Notes due 2006 (``Old
Notes'') for $240 million aggregate principal amount of the Series B
Notes and warrants (``Series B Warrants'') to purchase 2,753,448 shares
of Common Stock at $14.50 per share. The Series B Notes will be
convertible into Common Stock, subject to certain adjustments and
closing conditions, at a purchase price of $14.50 per share, which
would equal 16,551,724 shares. The Old Notes had been convertible at
any time during a five-year period into 12,000,000 shares of Nasdaq
common stock at a conversion price of $20 per share.
    On April 22, 2005, Nasdaq also entered into an Indenture
(``Indenture'') with Law Debenture Trust Company of New York, as
trustee, governing the terms of the Notes. Nasdaq states that the Notes
are senior unsecured obligations of Nasdaq, rank pari passu in right of
payment with all existing and any future senior unsecured indebtedness
of Nasdaq, and are senior in right of payment to any future
subordinated indebtedness of Nasdaq. Under the terms of the Indenture,
subject to certain exceptions, Nasdaq will be required to redeem the
Series A Notes and Series A Warrants if (i) the Merger Agreement is
terminated or (ii) the Merger has not closed by April 22, 2006, but in
no event earlier than October 24, 2005. The aggregate redemption price
for the Series A Notes and Series A Warrants will be $205.0 million
plus any accrued interest on the Series A Notes. Upon the mandatory
redemption of the Series A Notes, (i) the Indenture and the Series B
Notes will automatically be deemed to be amended to restate, with
limited exceptions, the terms of the Old Notes and (ii) the Series B
Warrants will be terminated.

Article Fourth

    Paragraph C.1. Nasdaq proposes to amend this paragraph of the
Certificate to provide that holders of the Notes would enjoy the same
rights that are currently granted to holders of the Old Notes, which
are being retired. Specifically, Nasdaq states that holders of the
Notes would be entitled to vote on all matters submitted to a vote of
the stockholders of Nasdaq, voting together with the holders of the
Common Stock (and of any other shares of capital stock of Nasdaq
entitled to vote at a meeting of stockholders) as one class. Each
holder of the Notes would be entitled to a number of votes equal to the
number of shares of common stock such holder would obtain upon
conversion of the principal amount of the Notes held by such person,
subject to adjustments as provided in the Notes and the Indenture,
dated as of April 22, 2005, between Nasdaq and Law Debenture Trust
Company of New York, as trustee, as such Indenture may be amended,
supplemented, or otherwise modified from time to time.\4\ The amendment
would also provide that holders of the Notes shall be deemed to be
stockholders and the Notes shall be deemed to be shares of stock solely
for the purposes of provisions of the Delaware General Corporation Law
and the Certificate that require the vote of stockholders as a
prerequisite to corporate action.
---------------------------------------------------------------------------

    \4\ The conversion rate of the Notes may be adjusted, for
example, in the event of a distribution of Nasdaq common stock as a
dividend, and in the event of a stock split, reverse split or share
combination. See Indenture Agreement, Paragraph 15.05, attached as
Exhibit 4.3 to Nasdaq's Form 8-K dated April 28, 2005.
---------------------------------------------------------------------------

    Paragraph C.2. By virtue of the amendments to Paragraph C.1. set
forth above, the current provision of the Certificate that imposes
restrictions on stockholders voting shares and/or Old Notes in excess
of 5% of outstanding stock and Old Notes would impose the same
restrictions on holders of shares and the Series A Notes and Series B
Notes. Any person who beneficially owns shares of common stock and/or
Notes in excess of 5% of the then-outstanding shares of common stock
(``Excess Shares and/or Notes'') would not be permitted to vote such
Excess Shares and/or Notes. As is true under the current Certificate,
the calculation of the number of shares of common stock outstanding at
any particular time would be made in accordance with the last sentence
of SEC Rule 13d-3(d)(1)(i).\5\ As a result, shares of common stock that
may be acquired by a holder of the Notes through conversion would be
deemed to be outstanding for purposes of calculating the voting power
owned by such holder.
---------------------------------------------------------------------------

    \5\ 17 CFR 240.13d-3(d)(1)(i).
---------------------------------------------------------------------------

    Paragraph C.6. Currently, this paragraph provides that the 5%
voting limitation does not apply to (1) the NASD or its affiliates
until such time as the NASD beneficially owns 5% or less of Nasdaq's
outstanding common stock, or (2) any other person that the Nasdaq Board
of Directors may exempt prior to the time that such person beneficially
owns more than 5% of the outstanding shares of common stock. The
paragraph also provides that the H&F Entities will be exempted from the
5% voting limitation if the Nasdaq Board of Directors approves an
exemption from the 5% voting limitation for any other person (other
than an exemption granted in connection with the establishment of a
strategic alliance with another exchange or similar market). This
exemption would not apply to any other person to whom the H&F Entities
might transfer Notes and/or common stock with the exception of
affiliated investment funds under common management and control.\6\ The
paragraph also provides that the Board may not approve an exemption
from the 5% limit for a registered broker or dealer or an affiliate
thereof \7\ or a person that is subject to a statutory disqualification
under section 3(a)(39) of the Act.\8\ In addition, before granting an
exemption, the Nasdaq Board must make certain findings with respect to

the effect of an exemption on enumerated aspects of Nasdaq's regulatory
obligations.
---------------------------------------------------------------------------

    \6\ Nasdaq states that the Amended and Restated Limited
Partnership or Limited Liability Company Agreement (each, an
``Agreement'') of each H&F Entity and each SLP Entity provides for
the establishment of ``Alternative Investment Structures'' or
``Alternative Investment Vehicles'' for legal, tax, regulatory or
other reasons deemed by the General Partner or Manager, as
applicable, to be in the best interests of the partnership or
company, as applicable. According to Nasdaq, under the Agreements,
such alternative structures are required to be substantially
identical in all material respects to the funds themselves (i.e.,
common management and control, common ultimate membership, and
substantially identical terms and conditions). Nasdaq states that,
in other words, the alternative investment structures or vehicles
would have limited partners or members of the same ultimate
ownership, including those that are registered broker/dealers, and
the partners/members would have the same ultimate interest in
portfolio investments in registered broker/dealers. Nasdaq states
that, as such, a transfer of Notes or Common Stock between an H&F
Entity or an SLP Entity and an alternative investment structure or
vehicle would have no meaningful effect in the event the Nasdaq
Board grants a waiver under Article Fourth, paragraph C.6.
    \7\ Nasdaq states that a small number of the limited partners of
the H&F Entities are registered broker/dealers or affiliates of
registered broker/dealers (``H&F Broker/Dealer investors''). The
Certificate provides that Nasdaq may not exempt a registered broker/
dealer or an affiliate thereof from the 5% voting limitation. The
Certificate defines ``affiliate'' with reference to SEC Rule 12b-2,
17 CFR 240.12b-2, which in turn defines an ``affiliate'' of a
specified person as ``a person that directly, or indirectly through
one or more intermediaries, controls, or is controlled by, or is
under common control with, the person specified.'' Nasdaq states
that the interests of the H&F Broker/Dealer Investors in the H&F
Entities are minimal. Moreover, according to Nasdaq, the limited
partnership agreements that govern the H&F Entities provide that the
limited partners shall take no part in the control or management of
the business or affairs of the limited partnership, nor shall they
have any authority to act for or on behalf of the limited
partnership, nor shall they have any authority to act for or on
behalf of the limited partnership.
    \8\ 15 U.S.C. 78c(a)(39).
---------------------------------------------------------------------------

    The proposed rule amendment would add conforming references to the
SLP Entities and would provide that the SLP Entities, along with the
H&F Entities, would be exempted from the 5% voting limitation if the
Nasdaq Board approves an exemption from the 5% voting limitation for
any other person (other than an exemption granted in connection with
the establishment of a strategic alliance with another exchange or
similar market).\9\ Nasdaq states that this exemption would not apply
to any other person to whom the SLP Entities might transfer Notes and/
or common stock, with the exception of affiliated investment funds
under common management and control.\10\ Nasdaq states that, in the
event that the Board determines to grant an exemption from the 5%
voting restriction under subparagraph (b) of paragraph 6, such
exemption shall not trigger an exemption under subparagraph (c) for the
benefit of a broker/dealer. Finally, Nasdaq states that the proposed
amendment is designed to ensure that, if in the future the Board raises
the voting restriction above 5% for any Broker Affiliate, the H&F
Entities and the SLP Entities would automatically receive the same
percentage voting rights or the highest percentage voting rights to
which their Notes and shares held entitled them at the time.\11\
---------------------------------------------------------------------------

    \9\ Nasdaq states that, under the terms of the Transaction
Agreement, SLP will acquire the institutional brokerage business
(``VAB'') of Instinet, a registered broker/dealer. According to
Nasdaq, during the time that SLP continue to own the VAB, the SLP
Entities would be deemed to be affiliates of the VAB. Nasdaq states
that, in the unlikely event that the Nasdaq Board were considering
granting a waiver under Article Fourth, C.6.b, of the Certificate,
the Board would be required to consider that such action would
trigger an exemption under Article Fourth, C.6.c to the benefit of
SLP that would be deemed inconsistent with the provision of the
Certificate barring an affiliate of a registered broker or dealer
from voting Excess Shares and/or Notes. Nasdaq notes that, in
connection with its application for registration as a national
securities exchange, Nasdaq filed (i) an amendment to the By-Laws
stating that a resolution of the Nasdaq Board to approve an
exemption for any person from the five percent voting limitation
shall not be permitted to become effective until such resolution has
been filed with and approved by the Commission under section 19 of
the Act, and (ii) a rule to provide that no member of the Nasdaq
exchange or person associated with such a member may beneficially
own more than 20% of the outstanding shares of Nasdaq's common stock
or Notes. See Securities Exchange Act Release No. 52559 (October 4,
2005).
    In addition, Nasdaq states that a small number of the limited
partners of the SLP Entities are registered broker/dealers or
affiliates of registered broker/dealers (``SLP Broker/Dealer
Investors''). According to Nasdaq, the interests of the SLP Broker/
Dealer Investors in the SLP Entities are minimal. Moreover, Nasdaq
states that the limited partnership agreements that govern the SLP
Entities provide that the limited partners shall take no part in the
control or management of the business or affairs of the limited
partnership, nor shall they have any authority to act for or on
behalf of the limited partnership
    \10\ See supra note 6.
    \11\ Nasdaq states that the definition of ``Broker Affiliate''
set forth in paragraph C.6. includes a broker or a dealer or an
affiliate thereof.
---------------------------------------------------------------------------

2. Statutory Basis
    Nasdaq believes that the proposed rule change, as amended, is
consistent with the provisions of sections 15A(b)(2) and (6) of the
Act,\12\ which require, among other things, that the it be so organized
and have the capacity to be able to carry out the purposes of the Act
and to comply and enforce compliance with the provisions of the Act,
and that its rules are designed to prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
and, in general, to protect investors and the public interest. Nasdaq
believes that the changes proposed to the Certificate are consistent
with maintaining the 5% voting limitation that is currently contained
in the Certificate, which Nasdaq believes serves the public interest by
ensuring that certain individuals and entities cannot gain undue
influence over the operations of Nasdaq. Nasdaq states that, in its
order previously approving the Certificate, the Commission found that
this 5% voting limitation and other limitations affecting the control
of Nasdaq fulfill the obligations arising under Sections 15A(b)(2) and
(6).\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78o-3(b)(2) and (6).
    \13\ See Securities Exchange Act Release No. 34-42983 (June 26,
2000), 65 FR 41116 (July 3, 2000) (SR-NASD-00-27).
---------------------------------------------------------------------------

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

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

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

    No written comments were either solicited or received.

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NASD-2005-099 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.
    All submissions should refer to File Number SR-NASD-2005-099. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of Nasdaq. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NASD-2005-099 and

should be submitted on or before November 14, 2005.
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E5-5843 Filed 10-21-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 151 (Monday, August 6, 2012)]
[Notices]
[Pages 46802-46803]
[FR Doc No: 2012-19110]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0100]

National Emergency Medical Services Advisory Council (NEMSAC);
Notice of Federal Advisory Committee Meeting

AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S.
Department of Transportation (DOT).

ACTION: Meeting Notice--National Emergency Medical Services Advisory
Council.

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

SUMMARY: The NHTSA announces a meeting of NEMSAC to be held in the
Metropolitan Washington, DC, area. This notice announces the date,
time, and location of the meeting, which will be open to the public.
The purpose of NEMSAC is to provide a nationally recognized council of
emergency medical services representatives and consumers to provide
advice and recommendations regarding Emergency Medical Services (EMS)
to DOT's NHTSA and to the Federal Interagency Committee on EMS
(FICEMS).

DATES: The meeting will be held on August 29, 2012, from 9 a.m. to 5:30
p.m. EDT, and on August 30, 2012, from 8 a.m. to 12 p.m. EDT. A public
comment period will take place on August 29, 2012 between 4:30 p.m. and
5 p.m. EDT. Written comments must be received by August 24, 2012.

ADDRESSES: The meeting will be held in the Archivists Room of the
National Archives Building at 700 Pennsylvania Ave. NW., Washington, DC
20408.

FOR FURTHER INFORMATION CONTACT: Drew Dawson, Director, U.S. Department
of Transportation, Office of Emergency Medical Services, 1200 New
Jersey Avenue SE., NTI-140, Washington, DC 20590, telephone number 202-
366-9966; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act, Public Law 92-463, as amended (5 U.S.C.
App.). The NEMSAC will meet on Wednesday and Thursday, August 29-30,
2012, in the Archivists Room of the National Archives Building at 700
Pennsylvania Avenue NW., Washington, DC 20408.

Tentative Agenda of National EMS Advisory Council Meeting, August 29-
30, 2012

    The tentative agenda includes the following:

Wednesday, August 29, 2012 (9 a.m. to 5:30 p.m. EDT)

    (1) Opening Remarks.
    (2) Briefing on Ethics and the Federal Advisory Committee Act.
    (3) Discussion on the Purpose, Function, Bylaws and Code of Conduct
of NEMSAC.
    (4) Overview of NHTSA, the Office of EMS, FICEMS and Federal EMS
Programming.
    (5) Update on Programs from the NHTSA Office of EMS and FICEMS
Agencies.
    (6) Review of Previous NEMSAC Recommendations.
    (7) Public Comment Period (4:30 p.m. to 5 p.m. EDT).
    (8) Business of the Council.

Thursday, August 30, 2012 (8 a.m. to 12 p.m. EDT)

    (1) Discussion of New and Emerging Issues.
    (2) Discussion of NEMSAC Committee Structure.
    (3) Unfinished Business/Continued Discussion from Previous Day.
    (4) Next Steps and Adjourn.
    Required Registration Information: This meeting will be open to the
public; however, pre-registration is required to comply with security
procedures. Picture I.D. must be provided to enter the National
Archives Building and it is suggested that visitors arrive 20-30
minutes early in order to facilitate entry. Please be aware that
visitors to the National Archives are subject to search when entering
and exiting the building and must pass through a magnetometer. Weapons
of any kind are strictly forbidden in the building unless authorized
through the performance of the official duties of your employment (i.e.
law enforcement officer).
    There will not be a teleconference option for this meeting.
Individuals wishing to attend must register online at
www.regonline.com/NEMSAC_August2012 no later than August 24, 2012.
Attendees should enter the Archives Building at the Research Entrance
on Pennsylvania Avenue.
    Public Comment: Members of the public who wish to make comments on
Wednesday, August 29, 2012, between 4:30 p.m. and 5 p.m. EDT are
requested to register in advance. In order to allow as many people as
possible to speak, speakers are requested to limit their remarks to 5
minutes. Written comments from members of the public will be
distributed to NEMSAC members at the meeting and should reach the NHTSA
Office of EMS by August 24, 2012. Written comments may be submitted by
either one of the following methods: (1) You may submit comments by
email<EMAIL_ADDRESS>or (2) you may submit comments by fax: (202) 366-
7149.
    A final agenda as well as meeting materials will be available to
the public

online through www.ems.gov prior to August 29, 2012.

    Issued on: August 1, 2012.
Jeffrey P. Michael,
Associate Administrator for Research and Program Development.
[FR Doc. 2012-19110 Filed 8-3-12; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register: June 25, 2008 (Volume 73, Number 123)]
[Proposed Rules]
[Page 35990-35991]
[DOCID:fr25jn08-40]

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

40 CFR Part 63

[EPA-HQ-OAR-2006-0406, FRL-8684-7]
RIN 2060-AM74

National Emission Standards for Hazardous Air Pollutants for
Source Category: Gasoline Dispensing Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to amend the National Emission Standards for
Hazardous Air Pollutants for Source Category: Gasoline Dispensing
Facilities, which EPA promulgated on January 10, 2008, and amended on
March 7, 2008. The January 10, 2008 rule established national emission
standards for hazardous air pollutants for the facilities in the
gasoline distribution (Stage I) area source category. This action only
affects area source gasoline dispensing facilities with a monthly
throughput of 100,000 gallons of gasoline or more. In this action, EPA
is proposing to amend the pressure and vacuum vent valve cracking
pressure and leak rate requirements for vapor balance systems used to
control emissions from gasoline storage tanks at gasoline dispensing
facilities. Newly constructed or reconstructed gasoline dispensing
facilities must comply with the new vapor balance system requirements
as explained in the parallel direct final rule published in today's
Regulations and Rules section of this Federal Register.

DATES: Comments. Written comments must be received on or before August
11, 2008.
    Public Hearing. If anyone contacts EPA requesting to speak at a
public hearing by July 7, 2008, a public hearing will be held on July
10, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0406, by mail to Air and Radiation Docket (2822T), 1200
Pennsylvania Avenue, NW., Washington, DC 20460. Please include a total
of two copies. Comments may also be submitted electronically or through
hand delivery/courier by following the detailed instructions in the
ADDRESSES section of the direct final rule located in the rules section
of this Federal Register.
    We request that you also send a separate copy of each comment to
the

contact persons listed below (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT:
    General and Technical Information: Mr. Stephen Shedd, Office of Air
Quality Planning and Standards, Sector Policies and Programs Division,
Coatings and Chemicals Group (E143-01), EPA, Research Triangle Park, NC
27711, telephone:<PHONE_NUMBER>, facsimile number:<PHONE_NUMBER>, e-
mail address<EMAIL_ADDRESS>    Compliance Information: Ms. Maria Malave, Office of Compliance, Air
Compliance Branch (2223A), EPA, Ariel Rios Building, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460, telephone:<PHONE_NUMBER>, facsimile
number:<PHONE_NUMBER>, e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Why is EPA issuing this proposed rule? This document proposes to
take action on the National Emission Standards for Hazardous Air
Pollutants for Source Category: Gasoline Dispensing Facilities. Based
on our discussions with industry stakeholders, we have concluded that
pressure and vacuum (PV) vent valves capable of meeting the
requirements in entry 1.(g) of Table 1 to subpart CCCCCC in the January
10, 2008 final rule (73 FR 1916) are not currently manufactured and
thus are not available to affected sources. Therefore, we are proposing
to amend the PV vent valve cracking pressure and leak rate requirements
for vapor balance systems used to control emissions from gasoline
storage tanks at gasoline dispensing facilities. We have published a
parallel direct final rule in the Regulations and Rules section of this
Federal Register because we view this as a noncontroversial action and
anticipate no adverse comment. We have explained our reasons for this
action in the preamble to the direct final rule. Newly constructed or
reconstructed gasoline dispensing facilities are proposed to comply
with the new vapor balance system requirements as explained in the
parallel direct final rule. Existing sources must comply with the new
vapor balance system requirements by the compliance date contained in
the January 10, 2008 final rule, which is January 10, 2011. The
compliance dates for all other requirements in the January 10, 2008
final rule remain unchanged for both new and existing sources.
    If we receive no adverse comment and no request for a public
hearing on the parallel direct final rule, we will not take further
action on this proposed rule. If we receive adverse comment on a
distinct portion of the direct final rule, we will withdraw that
portion of the rule and it will not take effect. In this instance, we
would address all public comments in any subsequent final rule based on
this proposed rule.
    If we receive adverse comment on a distinct provision of the direct
final rule, we will publish a timely withdrawal in the Federal Register
indicating which provisions we are withdrawing. The provisions that are
not withdrawn will become effective on the date set out in the direct
final rule, notwithstanding adverse comment on any other provision.
    We do not intend to institute a second comment period on this
action. Any parties interested in commenting, must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.
    Regulated Entities. Categories and entities potentially regulated
by this action include:

------------------------------------------------------------------------
                                                  Examples of regulated
             Category                NAICS *            entities
------------------------------------------------------------------------
Industry.........................       447110  Operations at area
                                        447190   source gasoline
                                                 dispensing facilities.
Federal/State/local/tribal
 governments.
------------------------------------------------------------------------
* North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your facility is regulated by this action,
you should examine the applicability criteria in 40 CFR part 63,
subpart CCCCCC. If you have any questions regarding the applicability
of this action to a particular entity, consult either the air permit
authority for the entity or your EPA regional representative as listed
in 40 CFR 63.13.
    Public Hearing. Persons interested in presenting oral testimony or
inquiring as to whether a hearing is to be held should contact Ms.
Janet Eck, U.S. EPA, Office of Air Quality Planning and Standards,
Sector Policies and Programs Division, Coatings and Chemicals Group
(E143-01), Research Triangle Park, NC 27711; telephone number: (919)
541-7946, e-mail address<EMAIL_ADDRESS>at least 2 days in advance
of the potential date of the public hearing. If a public hearing is
held, it will be held at 10 a.m. at EPA's Campus located at 109 T.W.
Alexander Drive in Research Triangle Park, NC, or an alternate site
nearby. If no one contacts EPA requesting to speak at a public hearing
concerning this rule by July 7, 2008 this hearing will be cancelled
without further notice.
    Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of today's proposal will also be available through
the WWW. Following the Administrator's signature, a copy of this action
will be posted on EPA's Technology Transfer Network (TTN) policy and
guidance page for newly proposed or promulgated rules http://
www.epa.gov/ttn/oarpg/. The TTN at EPA's Web site provides information
and technology exchange in various areas of air pollution control.

Statutory and Executive Order Reviews

    For a complete discussion of all of the administrative requirements
applicable to this action, see the direct final rule in the Rules and
Regulations section of this Federal Register.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.

    Dated: June 19, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8-14373 Filed 6-24-08; 8:45 am]

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