[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Proposed Rules]
[Pages 29616-29617]
[FR Doc No: 2023-09296]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2022-0656; FRL-10083-01-R3]

Air Plan Approval; West Virginia; 2022 Amendments to West
Virginia's Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
State of West Virginia. This revision updates West Virginia's
incorporation by reference (IBR) of EPA's national ambient air quality
standards (NAAQS) and the associated monitoring reference and
equivalent methods. This action is being taken under the Clean Air Act
(CAA).

DATES: Written comments must be received on or before June 7, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2022-0656 at www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Om P. Devkota, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, Four Penn Center, 1600
John F. Kennedy Boulevard, Philadelphia, Pennsylvania 19103. The
telephone number is<PHONE_NUMBER>. Mr. Devkota can also be reached via
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:  On July 1, 2022, the West Virginia
Department of Environmental Protection (WVDEP) submitted a revision to
its SIP pertaining to the amendments of Legislative Rule, 45 Code of
State Rule (CSR) Ambient Air Quality Standards. The SIP submittal
updates West Virginia's IBR of the NAAQS promulgated by EPA and found
at 40 Code of Federal Regulations (CFR) part 50 and ambient air
monitoring reference methods and equivalent methods promulgated by EPA
and found at 40 CFR part 53 into West Virginia's legislative rules.

I. Summary of SIP Revision and EPA Analysis

    WVDEP has historically chosen to incorporate by reference the
NAAQS, found at 40 CFR part 50, and the associated Federal ambient air
monitoring reference methods and equivalent methods for these NAAQS
found at 40 CFR part 53. When incorporating by reference these Federal
regulations, WVDEP has specified that it is incorporating by reference
these regulations as they existed on a certain date. The IBR of the
NAAQS that is currently approved in the West Virginia SIP incorporates
by reference 40 CFR parts 50 and 53 as they existed on June 1, 2020.
West Virginia's July 1, 2022, SIP revision updates the State's IBR of
the primary and secondary NAAQS and the ambient air monitoring
reference and equivalent methods, found in 40 CFR parts 50 and 53,
respectively, as of June 1, 2021. Primary NAAQS establish air quality
standards which the administrator of EPA determines are necessary, with
an adequate margin of safety, to protect the public health. Secondary
NAAQS establish air quality standards which the administrator of EPA
determines necessary to protect the public welfare from any known or
anticipated adverse effects of a pollutant. This revision also
incorporates by reference the ambient air monitoring reference methods
and equivalent methods promulgated by EPA under 40 CFR part 53.
    Since the last West Virginia IBR of June 1, 2020, EPA: (1) updated
method 201A of Appendix M of Part 51; (2) completed the review of the
NAAQS for particulate matter; (3) completed the review of the NAAQS for
ozone; and (4) designated one new reference method for measuring
concentrations of sulfur dioxide and one new equivalent method for
measuring concentrations of particulate matter (PM10) in
ambient air. See 85 FR 63394 (October 7, 2020--corrected in 86 FR 9470
(February 16, 2021)), 85 FR 82684 (December 18, 2020), 85 FR 87256
(December 31, 2020), and 86 FR 12682 (March 4, 2021).
    The amendments to the legislative rule include changes to section
45-8-1 (General) and 45-8-3 (Adoption of Standards). The amendments
alphabetize the criteria pollutants list in

the scope (1.1), update the filing and effective dates (1.3, 1.4) and
update West Virginia's IBR of the primary and secondary NAAQS and the
ambient air monitoring reference and equivalent methods from June 1,
2020 to June 1, 2021 (1.6, 3.1, 3.2). West Virginia is incorporating
the Federal rules in 40 CFR parts 50 and 53 as they existed on June 1,
2021, into sections 45-8-1 and 45-8-3.

II. Proposed Action

    EPA is proposing to approve the West Virginia SIP revision of July
1, 2022 updating the IBR of EPA's NAAQS and associated ambient air
monitoring reference methods and equivalent methods. EPA is soliciting
public comments on the update to West Virginia's IBR. Please note that
EPA is not seeking public comment on the level of the NAAQS which West
Virginia incorporated by reference into its regulations. An opportunity
for public comment on the level of each individual NAAQS was given when
EPA proposed each such NAAQS. Relevant comments will be considered
before taking final action.

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes IBR. In accordance with requirements of 1
CFR 51.5, EPA is proposing to incorporate by reference 45CSR8, as
effective on April 1, 2022, as discussed in Sections I and II of this
document. EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and at the EPA Region
III Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and,
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
    In addition, this proposed rulemaking, proposing to approve the
West Virginia SIP revision updating its IBR of EPA's NAAQS and
associated ambient air monitoring reference methods and equivalent
methods, does not have tribal implications as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not
approved to apply in Indian country located in the State, and EPA notes
that it will not impose substantial direct costs on tribal governments
or preempt tribal law.
    Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
    WVDEP did not evaluate environmental justice considerations as part
of its SIP submittal; the CAA and applicable implementing regulations
neither prohibit nor require such an evaluation. EPA did not perform an
EJ analysis and did not consider EJ in this action. Consideration of EJ
is not required as part of this action, and there is no information in
the record inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

Adam Ortiz,
Regional Administrator, Region III.
 [FR Doc. 2023-09296 Filed 5-5-23; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Notices]
[Pages 26729-26731]
[FR Doc No: 2019-11970]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Actions on Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice of actions on special permit applications.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein.

DATES: Comments must be received on or before July 8, 2019.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, Washington, DC
20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of
Hazardous Materials Approvals and Permits Division, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-30, 1200 New
Jersey Avenue Southeast, Washington, DC or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on June 03, 2019.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

----------------------------------------------------------------------------------------------------------------
                                                                                Nature of the special permits
       Application No.                 Applicant          Regulation(s) affected              thereof
----------------------------------------------------------------------------------------------------------------
                                          SPECIAL PERMITS DATA--Granted
----------------------------------------------------------------------------------------------------------------
5022-M.......................  DEPARTMENT OF DEFENSE     174.84, 174.101(l),       To modify the special permit
                                (MILITARY SURFACE         174.112(a), 176.116(e),   to ensure safe testing of
                                DEPLOYMENT &              176.138(b),               all size fuel tanks.
                                DISTRIBUTION COMMAND).    177.834(l)(1).
14756-M......................  UNIVATION TECHNOLOGIES,   173.242(c)..............  To modify the special permit
                                LLC.                                                to authorize the 5 year
                                                                                periodic pressure test to be
                                                                                performed pneumatically with
                                                                                nitrogen and to allow party
                                                                                status to the permit.
16461-M......................  CYLINDER SALES AND        172.203(a), 172.301(c),   To modify the special permit
                                TESTING, LLC.             173.302a(b), 180.205.     to remove the annual gain
                                                                                control accuracy test and
                                                                                replace it with a onetime
                                                                                check at manufacture.
20651-M......................  ATIEVA USA, INC.........  172.101(j)..............  To modify the special permit
                                                                                to authorize additional
                                                                                packaging.

20703-N......................  PERMA-FIX ENVIRONMENTAL   173.420.................  To authorize the
                                SERVICES, INC.                                      transportation in commerce
                                                                                of uranium hexafluoride in
                                                                                packaging not authorized in
                                                                                the HMR.
20795-N......................  JAGUAR INSTRUMENTS INC..  173.302a(a)(1),           To authorize the manufacture,
                                                          173.304a(a)(1).           mark, sale, and use of non-
                                                                                DOT specification pressure
                                                                                vessels.
20801-M......................  WALMART INC.............  172.315(a)(2)...........  To modify the special permit
                                                                                to remove the requirement
                                                                                that a copy of the special
                                                                                permit be presented to the
                                                                                air carrier before or at the
                                                                                time the shipment is
                                                                                tendered and the requirement
                                                                                that a copy of the special
                                                                                permit accompany each
                                                                                shipment.
20823-M......................  ARKEMA INC..............  173.22..................  To modify the special permit
                                                                                to authorize the
                                                                                transportation of 26
                                                                                additional drums with
                                                                                potentially leaky valves.
20839-N......................  A123 SYSTEMS LLC........  172.101(j)..............  To authorize the
                                                                                transportation in commerce
                                                                                of lithium battery
                                                                                assemblies exceeding 35 kg
                                                                                aboard cargo-only aircraft.
20843-N......................  SPACEFLIGHT, INC........  173.185(a)..............  To authorize the
                                                                                transportation in commerce
                                                                                of low production lithium
                                                                                ion batteries contained in
                                                                                spacecraft by air.
20852-N......................  GENERAL DYNAMICS MISSION  173.185(a)(1)(i)........  To authorize the
                                SYSTEMS, INC.                                       transportation in commerce
                                                                                of prototype lithium ion and
                                                                                lithium metal batteries
                                                                                contained in equipment by
                                                                                cargo aircraft.
20872-N......................  SAP SE..................  172.101(j),               To authorize the
                                                          173.185(b)(5).            transportation in commerce
                                                                                of lithium batteries and
                                                                                cells in excess of 35 kg by
                                                                                cargo-only aircraft.
20873-N......................  PROPACK INTERNATIONAL,    172.101(j)..............  To authorize the
                                INC.                                                transportation in commerce
                                                                                certain lithium batteries
                                                                                with a net mass greater than
                                                                                35 kg aboard cargo-only
                                                                                aircraft.
20880-N......................  DEPARTMENT OF THE ARMY    173.185(e)..............  To authorize the emergency
                                (MILITARY SURFACE                                   transportation in commerce
                                DEPLOYMENT &                                        of prototype and low
                                DISTRIBUTION COMMAND).                              production lithium-ion
                                                                                batteries contained in
                                                                                equipment.
20884-N......................  NATIONAL AIR CARGO        172.101(j),               To authorize the
                                GROUP, INC.               172.204(c)(3),            transportation of explosives
                                                          173.27(b)(2),             by cargo aircraft.
                                                          173.27(b)(3),
                                                          175.30(a)(1).
20891-N......................  ENVIRONMENTAL PROTECTION  49 CFR subchapter C.....  To authorize the
                                AGENCY.                                             transportation in commerce
                                                                                of non-radioactive hazardous
                                                                                materials to staging areas
                                                                                within 200 miles of the
                                                                                point of origin by persons
                                                                                conducting operations under
                                                                                the direction of and under
                                                                                alternative safety
                                                                                requirements imposed by the
                                                                                grantee to this special
                                                                                permit within the Nebraska
                                                                                and Iowa disaster areas.
----------------------------------------------------------------------------------------------------------------
                                          SPECIAL PERMITS DATA--Denied
----------------------------------------------------------------------------------------------------------------
20684-M......................  LINDE GAS NORTH AMERICA   179.7, 179.300-15,        To authorize domestic use of
                                LLC.                      180.519(a).               the tank cars.
20803-N......................  HYPERCOMP ENGINEERING,    173.302a(a)(1)..........  To authorize the manufacture,
                                INC.                                                mark, sale, and use of a non-
                                                                                DOT specification composite
                                                                                overwrapped pressure vessel
                                                                                containing hydrogen.
20804-N......................  HYPERCOMP ENGINEERING,    173.302a(a)(1)..........  To authorize the manufacture,
                                INC.                                                mark, sale, and use of non-
                                                                                DOT specification composite
                                                                                overwrapped pressure vessels
                                                                                containing oxygen.
----------------------------------------------------------------------------------------------------------------
                                         SPECIAL PERMITS DATA--Withdrawn
----------------------------------------------------------------------------------------------------------------
16532-M......................  GENERAL ELECTRIC COMPANY  173.185(f)..............  To authorize an increase in
                                                                                the watt hours of cells and
                                                                                batteries, to 300 and 10,800
                                                                                respectively.
20474-M......................  SPACE EXPLORATION         105.30, 172.300, 172.400  To modify the special permit
                                TECHNOLOGIES CORP.                                  to only require a DANGEROUS
                                                                                placard when transporting
                                                                                the recovered Dragon 2
                                                                                capsule.
20628-N......................  STANLEY BLACK & DECKER,   172.704, 172.800,         To authorize the
                                INC.                      172.200.                  transportation in commerce
                                                                                of lithium batteries without
                                                                                being subject to shipping
                                                                                papers, training and
                                                                                emergency response
                                                                                information requirements.
20841-N......................  STERILMED, INC..........  172.203(a), 172.302(c),   To authorize the
                                                          173.134(b)(12)(i).        transportation in commerce
                                                                                of medical equipment in
                                                                                accordance with 49 CFR
                                                                                173.134(b)(12)(i) when some
                                                                                medical equipment will
                                                                                ultimately be sent for
                                                                                disposal.
20860-N......................  REYNOLDS SYSTEMS, INC...  172.320, 173.54(a),       To authorize the
                                                          173.54(j), 173.56(b),     transportation in commerce
                                                          173.57, 173.58, 173.60.   of detonators and exploding
                                                                                foil deflagrating initiators
                                                                                that have not been approved
                                                                                in accordance with
                                                                                173.56(b).
20886-N......................  Cuberg, Inc.............  173.185(a)..............  To authorize the
                                                                                transportation in commerce
                                                                                of untested lithium cells
                                                                                aboard cargo-only aircraft.
20889-N......................  EoCell, Inc.............  173.185(a)..............  To authorize the
                                                                                transportation in commerce
                                                                                of prototype lithium
                                                                                batteries aboard cargo-only
                                                                                aircraft.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2019-11970 Filed 6-6-19; 8:45 am]
 BILLING CODE 4909-60-P


[Federal Register Volume 81, Number 240 (Wednesday, December 14, 2016)]
[Notices]
[Page 90407]
[FR Doc No: 2016-30012]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Notice of
Landing Area Proposal

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew a previously approved
information collection. FAA Form 7480-1, Notice of Landing Area
Proposal, is used to collect information about any construction,
alteration, or change to the status or use of an airport.

DATES: Written comments should be submitted by February 13, 2017.

ADDRESSES: Send comments to the FAA at the following address: Ronda
Thompson, Room 441, Federal Aviation Administration, ASP-110, 950
L'Enfant Plaza SW., Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: Ronda Thompson by email at:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.
    OMB Control Number: 2120-0036.
    Title: Notice of Landing Area Proposal.
    Form Numbers: FAA Form 7480-1.
    Type of Review: Renewal of an information collection.
    Background: FAR Part 157 requires that each person who intends to
construct deactivate, or change the status of an airport, runway, or
taxiway must notify the FAA of such activity. The information collected
provides the basis for determining the effect the proposed action would
have on existing airports and on the safe and efficient use of airspace
by aircraft, the effects on existing airspace or contemplated traffic
patterns of neighboring airports, the effects on the existing airspace
structure and projected programs of the FAA, and the effects that
existing or proposed manmade objects (on file with the FAA) and natural
objects within the affected area would have on the airport proposal.
    Respondents: Approximately 1500 applicants.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 45 minutes.
    Estimated Total Annual Burden: 1125 hours.

    Issued in Washington, DC, on December 8, 2016.
Ronda L Thompson,
FAA Information Collection Clearance Officer, Performance, Policy, and
Records Management Branch, ASP-110.
[FR Doc. 2016-30012 Filed 12-13-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: December 2, 2005 (Volume 70, Number 231)]
[Notices]
[Page 72318-72320]
[DOCID:fr02de05-67]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52824; File No. SR-CBOE-2005-69]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change and Amendment No. 1 Thereto To Delete Certain
Exchange Rules, or Portions Thereof, Which Have Been Determined by the
Exchange To Be Obsolete or Unnecessary

November 22, 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 September 1, 2005, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the CBOE.
On November 8, 2005, the Exchange filed Amendment No. 1 to the
proposal.\3\ The Exchange filed the proposed rule change, as amended,
as a ``non-controversial'' rule change under Rule 19b-4(f)(6) under the
Act,\4\ which renders the proposal effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change, as amended, from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Form 19b-4 dated November 8, 2005, which replaced the
original filing in its entirety (``Amendment No. 1'').
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The CBOE proposes to delete certain rules, or portions thereof,
which have been determined by the Exchange to be obsolete or
unnecessary. The text of the proposed rule change is available on
Exchange's Web site (http://www.cboe.com), at the CBOE's Office of the

Secretary, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the CBOE included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed

rule change. The text of these statements may be examined at the places
specified in Item IV below. The CBOE 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, Proposed Rule Change

1. Purpose
    The Exchange proposes to delete the rules, or portions thereof,
that pertain to the former Joint Venture Participation Agreement
(``Agreement'') between CBOE and the Chicago Board of Trade (``CBOT'').
The Exchange represents that the Agreement, among other things,
provided that CBOE would waive certain dues and fees for CBOT Exercise
members who made no trades in CBOE contracts in a given quarter. In
addition, the Agreement waived all membership application fees and
technology fees for CBOT Exercise members. The Exchange represents that
the Agreement terminated on December 29, 1998, and the Exchange has no
intention of initiating this program in the future. On December 10,
1998, CBOE issued Regulatory Circular RG98-140 to its members informing
them that the Agreement would terminate effective December 29, 1998 and
that the Agreement would not be renewed. In addition, the Commission
issued Securities Exchange Act Release No. 40973, which pertained to
the termination of the Agreement and the initiation of fees that would
ultimately be charged to the CBOT Exercise members pursuant to the
termination of the Agreement.\5\ The proposed CBOE rules that pertain
to the obsolete Agreement, or the portions thereof, that are to be
deleted are: CBOE Rule 1.1, Rule 6.7, Rule 6.20, Rule 6.70, Rule 9.1,
Rule 19.1, and Rule 30.12.
---------------------------------------------------------------------------

    \5\ Securities Exchange Act Release No. 40973 (January 25,
1999), 64 FR 4915 (February 1, 1999) (SR-CBOE-98-55).
---------------------------------------------------------------------------

    Also, the Exchange proposes to delete the rules, or portions
thereof, that pertain to Board Brokers. A Board Broker is an individual
member, a nominee of a member organization or a member organization who
or which is registered with the Exchange for the purposes of (i) acting
as a ``broker's broker'' for specified classes of options, at the post
at which such classes of options are traded, by accepting and
attempting to execute orders placed with him by other members, and (ii)
monitoring the market for such classes of options at the post. The
Exchange represents that it has not used Board Brokers for
approximately 22 years, and does not intend to use them in the future.
The proposed CBOE rules pertaining to Board Brokers, or the portions
thereof, that are to be deleted are: CBOE Rule 6.43, Rule 6.46, Rule
6.47, Rule 6.54, Rule 6.70, Rule 7.1, Rule 7.2, Rule 7.3, Rule 7.4,
Rule 7.5, Rule 7.7, Rule 7.8, Rule 7.9, Rule 7.10, and Rule 7.11.
    In addition to the deletions of the above-referenced ``Joint
Venture'' and ``Board Broker'' rules, or portions thereof, the Exchange
proposes to delete each of the following rules, or portions thereof:
     CBOE Rule 2.21--This rule allows the Exchange to impose a
charge upon Exchange members measured by their respective net
commissions. The Exchange represents that Exchange members have not
assessed the commissions that such charges are measured by since the
early 1970s, and such commissions will not be assessed by Exchange
members in the future. For this reason, the Exchange has not imposed
and will not impose such charges upon its members, since there is no
commission to base it upon, therefore making this rule obsolete and
unnecessary.
     CBOE Rule 2.25 and CBOE Rule 2.30--These rules allow the
Exchange to assess fees for the delayed submission of trade
information. Specifically, these rules allow the Exchange to assess
fees to members who failed to submit trade information for at least 80%
of all of that member's transactions. Currently, over 98% of all trade
information is disseminated within one hour after the time of
execution. The Exchange represents that it no longer assesses such
fees, since 98% of all trade information is disseminated within one
hour after the time of execution, and does not intend to assess them in
the future.
     CBOE Rule 14.2, CBOE Rule 14.3, and CBOE Rule 14.5--The
rules in Chapter 14 of the CBOE rulebook were created for the purpose
of charging and collecting commissions. Specifically, CBOE Rule 14.1
made it mandatory for commissions to be charged and collected upon the
execution of all orders, for the accounts of members and non-members,
of securities dealt on CBOE. CBOE Rule 14.1 stated that the commissions
would be no less than the rates established by CBOE and such
commissions shall be ``net and free from any rebate, return, discount
or allowance.'' The Exchange represents that CBOE Rule 14.1 was deleted
from CBOE's rules on May 15, 1975, since such fixed commissions would
no longer be charged and would not be charged in the future.
    For this reason, at this time, the Exchange proposes to delete CBOE
Rules 14.2, 14.3, and 14.5, since the Exchange believes that there is
no need for these rules since they pertained specifically to the
commissions discussed in CBOE Rule 14.1 and which are no longer
necessary.
    Specifically, CBOE Rule 14.2 involves reciprocal arrangements. The
Exchange states that reciprocal arrangements were agreements that
brokers used with other brokers to permit such brokers to participate
in the commissions that were generated from the execution of orders.
The Exchange represents that reciprocal arrangements have not been used
since the early 1970s. Specifically, CBOE Rule 14.2(a) states that any
such arrangement had to be reported to CBOE and subject to CBOE's
approval. CBOE Rule 14.2(b) states that no member, in consideration of
the receipt of business, shall make any payments, or give up any work
or give up any part of any commission to which such member is or will
be entitled. Since such arrangements as described in CBOE Rule 14.2(b)
were never permitted, the Exchange would not approve such arrangements
pursuant to CBOE Rule 14.2(a), if and when an Exchange member reported
such an arrangement to the Exchange. Further, since the commissions as
discussed in CBOE Rule 14.1 are no longer charged, and have not been
charged since the early 1970s, the Exchange believes that there is no
need to have a rule pertaining to reciprocal arrangements, since the
commissions that the arrangements were based on are no longer charged
and will not be charged in the future. Specifically, CBOE Rule 14.2
prohibited those arrangements that were used to circumvent the
commissions referred to in CBOE Rule 14.1, and therefore, since CBOE
Rule 14.1 was deleted on May 15, 1975, there is no need for CBOE Rule
14.2.
    CBOE Rule 14.3 deals with commissions charged on non-member orders.
This rule specifically sets forth that the commissions to be charged on
non-member orders shall be mutually agreed upon. Again, the Exchange
represents that this rule is obsolete, since the commissions that this
rule pertains to are no longer charged and have not been charged since
the early 1970s. Therefore, the Exchange believes that there is no need
for this rule.
    CBOE Rule 14.5 deals with intra-member rates for floor brokerage.
This rule states that for those orders that are executed when a
principal is given up, the commission shall be mutually

agreed upon. As with CBOE Rule 14.3, the Exchange believes that this
rule is obsolete, since the commissions that this rule pertains to have
not been charged since the early 1970s and the Exchange does not plan
to charge such commissions in the future. For this reason, the Exchange
believes that there is no need for this rule.
     CBOE Rule 15.4--This rule pertains to a monthly commission
report that the Exchange required certain individual members and member
organizations to submit to the Treasurer of the Exchange. Specifically,
this rule required certain members to disclose commissions on business
done on the Exchange for each month. The Exchange believes that this
rule is obsolete, since such a report is no longer necessary given that
such commissions are no longer charged and collected.
2. Statutory Basis
    By deleting certain Exchange rules, or portions thereof, which have
been determined to be obsolete or unnecessary, the Exchange believes
that the proposed rule change is consistent with Section 6(b) of the
Act \6\ in general, and furthers the objectives of Section 6(b)(5) of
the Act \7\ in particular, in that it should promote just and equitable
principles of trade, serve to remove impediments to and perfect the
mechanism of a free and open market and national market system, and, in
general, protect investors and the public interest.
---------------------------------------------------------------------------

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

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

    The CBOE does not believe that the proposed rule change will impose
any burden on competition 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

    Written comments on the proposed rule change were neither solicited
nor received.

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

    Because the proposed rule change, as amended: (i) Does not
significantly affect the protection of investors or the public
interest; (ii) does not impose any significant burden on competition;
and (iii) by its terms, does not become operative for 30 days after the
date of filing, the proposed rule change has become effective pursuant
to Section 19(b)(3)(A) of the Act \8\ and subparagraph (f)(6) of Rule
19b-4 thereunder.\9\ As required under Rule 19b-4(f)(6)(iii),\10\ the
Exchange provided the Commission with written notice of its intent to
file the proposed rule change, along with a brief description and text
of the proposed rule change, at least five business days prior to the
date of the filing of the proposed rule change.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in the furtherance of the purposes of the Act.\11\
---------------------------------------------------------------------------

    \11\ The effective date of Amendment No. 1 is November 8, 2005.
For purposes of calculating the 60-day period within which the
Commission may summarily abrogate the proposal, the Commission
considers the period to commence on November 8, 2005, the date on
which the Exchange submitted Amendment No. 1.
---------------------------------------------------------------------------

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-CBOE-2005-69 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 20549-9309.
    All submissions should refer to File Number SR-CBOE-2005-69. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Section. Copies of
such filing also will be available for inspection and copying at the
principal office of the CBOE. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-CBOE-2005-69 and should be submitted on or before
December 23, 2005.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Jonathan G. Katz,
Secretary.
 [FR Doc. E5-6751 Filed 12-1-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 218 (Monday, November 14, 2022)]
[Notices]
[Pages 68173-68174]
[FR Doc No: 2022-24693]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-2683]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Data To Support
Social and Behavioral Research as Used by the Food and Drug
Administration

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
that a proposed collection of information has been submitted to the
Office of Management and Budget (OMB) for review and clearance under
the Paperwork Reduction Act of 1995.

DATES: Submit written comments (including recommendations) on the
collection of information by December 14, 2022.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be submitted to https://www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. The OMB control number for
this information collection is 0910-0847. Also include the FDA docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: JonnaLynn Capezzuto, Office of
Operations, Food and Drug Administration, Three White Flint North, 10A-
12M, 11601 Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Data To Support Social and Behavioral Research as Used by the Food and
Drug Administration

OMB Control Number 0910-0847--Extension

    This information collection is intended to support FDA-conducted
research. Understanding patients, consumers, and healthcare
professionals' perceptions and behaviors plays an important role in
improving FDA's regulatory decision-making processes and communications
that affect various stakeholders. FDA uses the following methods to
achieve these goals: (1) individual indepth interviews, (2) general
public focus group interviews, (3) intercept interviews, (4) self-
administered surveys, (5) gatekeeper surveys, and (6) focus group
interviews. These methods serve the narrowly defined need for direct
and informal opinion on a specific topic and serve as a qualitative and
quantitative research tool having two major purposes:
     Obtaining useful information for the development of
variables and measures for formulating the basic objectives of social
and behavioral research and
     successfully communicating and addressing behavioral
changes with intended audiences to assess the potential effectiveness
of FDA communications, behavioral interventions, and other materials.
    While FDA will use these methods to test and refine its ideas and
help develop communication and behavioral strategies research, the
Agency will generally conduct further research before making important
decisions (such as adopting new policies and allocating or redirecting
significant resources to support these policies).
    FDA's Center for Drug Evaluation and Research, Center for Biologics
Evaluation and Research, Office of the

Commissioner, and any other Centers will use this mechanism to test
communications and social and behavioral methods about regulated drug
products on a variety of subjects related to consumer, patient, or
healthcare professional perceptions, beliefs, attitudes, behaviors, and
use of drug and biological products and related materials. These
subjects include social and behavioral research, decision-making
processes, and communication and behavioral change strategies.
    Annually, FDA projects about 25 social and behavioral studies using
the variety of test methods listed in this document. FDA is revising
this burden to account for the number of studies we have received in
the last 3 years and to better reflect the scope of the information
collection.
    In the Federal Register of August 10, 2022 (87 FR 48665), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. Three comments were received. The first
comment was not responsive. The second comment requested that
participants be informed that participation is voluntary and can
withdraw at any time. Prior to beginning the interview and several
times throughout, participants are informed that their participation is
voluntary and that they can withdraw at any time. We believe no further
clarification to the survey instruments are necessary. The third
comment expressed concerns regarding the potential misuse of
information from the collection. We have previously outlined the scope
and purpose of the information collection, and we do not believe
further elaboration is necessary. Further, as outlined in the
supporting statement, all information collections must be non-
controversial, must not retain Personally Identifiable Information, and
``will not be used for substantially informing influential policy
decisions.''
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                   Number of
           Activity                Number of     responses per   Total annual    Average burden     Total hours
                                  respondents     respondent       responses      per response
----------------------------------------------------------------------------------------------------------------
Interviews and Surveys........         109,470               1         109,470  0.25 (15                  27,368
                                                                                minutes).
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Based on a review of the information collection since our last
request for OMB approval, our burden estimate for this information
collection reflects an overall increase of 35,886 responses with a
corresponding increase of 8,972 hours. We attribute this adjustment to
an increase in funding and need to obtain additional information in
specific areas, particularly substance abuse (for example, opioids and
stimulants) and COVID-19. In addition, we attribute the increase in the
number of respondents (from 7,298 to 109,470) and decrease in the
number of responses per respondent (from 15 to 1) to an inadvertent
administrative error reflected in the 60-day notice. These changes,
however, do not impact the estimated total annual responses or burden
hours.

    Dated: November 8, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-24693 Filed 11-10-22; 8:45 am]
BILLING CODE 4164-01-P