[Federal Register Volume 86, Number 106 (Friday, June 4, 2021)]
[Notices]
[Pages 30063-30064]
[FR Doc No: 2021-11786]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2020-0016]

Meetings To Implement Pandemic Response Voluntary Agreement Under
Section 708 of the Defense Production Act

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Announcement of meetings.

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SUMMARY: The Federal Emergency Management Agency (FEMA) held two
meetings to implement the Voluntary Agreement for the Manufacture and
Distribution of Critical Healthcare Resources Necessary to Respond to a
Pandemic.

DATES: The first meeting took place on Tuesday, May 25, 2021, from
10:30 a.m. to 12 p.m. Eastern Time (ET). The second meeting took place
on Wednesday, May 26, 2021, from 2 to 3 p.m. ET.

FOR FURTHER INFORMATION CONTACT: Robert Glenn, Office of Business,
Industry, Infrastructure Integration, via email at<EMAIL_ADDRESS>or
via phone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice of these meetings is provided as
required by section 708(h)(8) of the Defense Production Act (DPA), 50
U.S.C. 4558(h)(8), and consistent with 44 CFR part 332.
    The DPA authorizes the making of ``voluntary agreements and plans
of action'' with representatives of industry, business, and other
interests to help provide for the national defense.\1\ The President's
authority to facilitate voluntary agreements with respect to responding
to the spread of COVID-19 within the United States was delegated to the
Secretary of Homeland Security in Executive Order 13911.\2\ The
Secretary of Homeland Security further delegated this authority to the
FEMA Administrator.\3\
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    \1\ 50 U.S.C. 4558(c)(1).
    \2\ 85 FR 18403 (Apr. 1, 2020).
    \3\ DHS Delegation 09052, Rev. 00.1 (Apr. 1, 2020); DHS
Delegation Number 09052 Rev. 00 (Jan. 3, 2017).
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    On August 17, 2020, after the appropriate consultations with the
Attorney General and the Chairman of the Federal Trade Commission, FEMA
completed and published in the Federal Register a ``Voluntary
Agreement, Manufacture and Distribution of Critical Healthcare
Resources Necessary to

Respond to a Pandemic'' (Voluntary Agreement).\4\ Unless terminated
earlier, the Voluntary Agreement is effective until August 17, 2025,
and may be extended subject to additional approval by the Attorney
General after consultation with the Chairman of the Federal Trade
Commission. The Agreement may be used to prepare for or respond to any
pandemic, including COVID-19, during that time.
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    \4\ 85 FR 50035 (Aug. 17, 2020). The Attorney General, in
consultation with the Chairman of the Federal Trade Commission, made
the required finding that the purpose of the voluntary agreement may
not reasonably be achieved through an agreement having less
anticompetitive effects or without any voluntary agreement and
published the finding in the Federal Register on the same day. 85 FR
50049 (Aug. 17, 2020).
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    On December 7, 2020, the first plan of action under the Voluntary
Agreement--the Plan of Action to Establish a National Strategy for the
Manufacture, Allocation, and Distribution of Personal Protective
Equipment (PPE) to Respond to COVID-19 (Plan of Action)--was
finalized.\5\ The Plan of Action established several sub-committees
under the Voluntary Agreement, focusing on different aspects of the
Plan of Action.
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    \5\ See 85 FR 78869 (Dec. 7, 2020). See also 85 FR 79020 (Dec.
8, 2020).
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    The meetings were chaired by the FEMA Administrator or her delegate
and attended by the Attorney General and the Chairman of the Federal
Trade Commission or their delegates. In implementing the Voluntary
Agreement, FEMA adheres to all procedural requirements of 50 U.S.C.
4558 and 44 CFR part 332.
    Meeting Objectives: The objectives of the meetings were as follows:
    1. Gather committee Participants and Attendees to ask targeted
questions for situational awareness about PPE, drug products and drug
substances, diagnostic test kits, medical devices, and medical gases.
    2. Establish priorities for COVID-19 response under the Voluntary
Agreement.
    3. Identify tasks that should be completed under the appropriate
Sub-Committee.
    4. Identify information gaps and areas that merit sharing (both
from FEMA to the private sector and vice versa).
    Meetings Closed to the Public: By default, the DPA requires
meetings held to implement a voluntary agreement or plan of action be
open to the public.\6\ However, attendance may be limited if the
Sponsor \7\ of the voluntary agreement finds that the matter to be
discussed at a meeting falls within the purview of matters described in
5 U.S.C. 552b(c), such as trade secrets and commercial or financial
information. The Sponsor of the Voluntary Agreement, the FEMA
Administrator, found that these meetings to implement the Voluntary
Agreement involved matters which fall within the purview of matters
described in 5 U.S.C. 552b(c) and the meetings were therefore closed to
the public.
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    \6\ See 50 U.S.C. 4558(h)(7).
    \7\ ``[T]he individual designated by the President in subsection
(c)(2) [of section 708 of the DPA] to administer the voluntary
agreement, or plan of action.'' 50 U.S.C. 4558(h)(7).
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    Specifically, these meetings to implement the Voluntary Agreement
may have required participants to disclose trade secrets or commercial
or financial information that is privileged or confidential. Disclosure
of such information allows for meetings to be closed pursuant to 5
U.S.C. 552b(c)(4). In addition, the success of the Voluntary Agreement
depends wholly on the willing and enthusiastic participation of private
sector participants. Failure to close these meetings could have had a
strong chilling effect on private sector participation and caused a
substantial risk that sensitive information would be prematurely
released to the public, leading to participants withdrawing their
support from the Voluntary Agreement. This would have significantly
frustrated the implementation of the Voluntary Agreement. Frustration
of an agency's objective due to premature disclosure of information
allows for the closure of a meeting pursuant to 5 U.S.C. 552b(c)(9)(B).

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2021-11786 Filed 6-3-21; 8:45 am]
BILLING CODE 9111-19-P


[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Notices]
[Pages 7845-7846]
[FR Doc No: 2017-01324]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2016-1050]

Towing Safety Advisory Committee; Vacancies

AGENCY: Coast Guard, Department of Homeland Security.

ACTION: Request for applications.

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SUMMARY: The Coast Guard seeks applications for membership on the
Towing Safety Advisory Committee. This Committee advises the Secretary
of the Department of Homeland Security on matters relating to shallow
draft inland and coastal waterway navigation and towing safety.

DATES: Completed applications should reach the Coast Guard on or before
March 9, 2017.

ADDRESSES: Applicants should send a cover letter expressing interest in
an appointment to the Towing Safety Advisory Committee that also
identifies which membership category the applicant is applying under,
along with a resume detailing the applicant's experience via one of the
following methods:
     By Email<EMAIL_ADDRESS>     By Fax:<PHONE_NUMBER> ATTN: William Abernathy
     By Mail: William J. Abernathy, Alternate Designated
Federal Officer, Commandant (CG-OES-2), U.S. Coast Guard Stop 7509,
2703 Martin Luther King Jr Ave SE., Washington, DC 20593-7509

FOR FURTHER INFORMATION CONTACT: William J. Abernathy, Alternate
Designated Federal Officer of the Towing Safety Advisory Committee;
Telephone<PHONE_NUMBER>; or Email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Towing Safety Advisory Committee is a
federal advisory committee which operates under the provisions of the
Federal Advisory Committee Act, (Title 5, United States Code,
Appendix). It was established under authority of the Act to establish a
Towing Safety Advisory Committee in the Department of Transportation,
(Pub. L. 96-380), which was recently amended by section 621 of the
Coast Guard Authorization Act of 2010, (Pub. L. 111-281). The Committee
advises the Secretary of Homeland Security on matters relating to
shallow-draft inland and coastal waterway navigation and towing safety.
This advice also assists the Coast Guard in formulating the position of
the United States regarding the towing industry in advance of
International Maritime Organization meetings.
    It is expected that the committee will meet at least twice a year
either in the Washington, DC, area or in cities with large towing
centers of commerce and populated by high concentrations of towing
industry and related businesses. It may also meet for extraordinary
purposes. Its subcommittees may also meet to consider specific tasks as
required. The Committee and its subcommittees may conduct
intercessional telephonic meetings when necessary, in response to
specific U.S. Coast Guard tasking.
    Each Towing Safety Advisory Committee member serves a term of
office of up to 3 years. Members may be considered to serve an
additional consecutive term. All members serve without compensation
from the Federal Government; however, upon request, they may receive
travel reimbursement and per diem.
    We will consider applications for the following seven positions.
The first position listed is currently vacant, and the rest will become
vacant on September 30, 2017:
    1. One position representing the holders of active licensed Masters
of towing vessels in offshore service;
    2. Two positions representing the Barge and Towing Industry
(reflecting a regional geographical balance);
    3. One position representing port districts, port authorities or
terminal operators;
    4. One position representing holders of active licensed Masters or
Pilots of towing vessels with experience on the Western Rivers and the
Gulf Intracoastal Waterway;
    5. One position representing active Masters of ship-docking or
harbor towing vessels; and,
    6. One position drawn from the general public.
    To be eligible, applicants should have particular expertise,
knowledge, and experience regarding shallow-draft inland, coastal
waterway navigation, offshore navigation, and towing safety.
    Registered lobbyists are not eligible to serve on federal advisory
committees in an individual capacity. See ``Revised Guidance on
Appointment of Lobbyists to Federal Advisory Committees, Boards and
Commissions'' (79 FR 47482, August 13, 2014). The position we list for
a member from the general public would be someone appointed in their
individual capacity and would be designated as a Special Government
Employee as defined in 202(a), Title 18, U.S.C. Registered lobbyists
are lobbyists as defined in 2 U.S.C. 1602 who are required by 2 U.S.C.
1603 to register with the Secretary of the Senate and the Clerk of the
House of Representatives.
    If you are selected as a member drawn from the general public, you
will be appointed and serve as a Special Government Employee as defined
in section 202(a) of Title 18, United States Code. As a candidate for
appointment as a Special Government Employee, applicants are required
to complete a Confidential Financial Disclosure Report (OGE Form 450).
The Coast Guard may not release the reports or the information in them
to the public except under an order issued by a Federal court or as
otherwise provided under the Privacy Act (5 U.S.C. 552a). Only the
Designated Coast Guard Ethics Official or his or her designee may
release a Confidential Financial Disclosure Report. Applicants can
obtain this form by going to the Web site of the Office of Government
Ethics (www.oge.gov), or by contacting the individual listed above in
FOR FURTHER INFORMATION CONTACT. Applications for a member drawn from
the general public that are not accompanied by a completed OGE Form 450
will not be considered.
    In an effort to maintain a geographic balance of membership, we are
encouraging representatives from tug and barge companies operating on
the Western Rivers to apply for representation on the Committee.
    The Department of Homeland Security does not discriminate in
selection of Committee members on the basis of race, color, religion,
sex, national origin, political affiliation, sexual orientation, gender
identity, marital status, disabilities and genetic information, age,
membership in an employee organization, or any other non-merit factor.
The Department of Homeland Security strives to achieve a

widely diverse candidate pool for all of its recruitment selections.
    If you are interested in applying to become a member of the
Committee, send your cover letter and resume to William J. Abernathy,
Alternate Designated Federal Officer of the Towing Safety Advisory
Committee via one of the transmittal methods in the ADDRESSES section
by the deadline in the DATES section of this notice. All email
submittals will receive email receipt confirmation.

    Dated: December 19, 2016.
J.G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2017-01324 Filed 1-19-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: January 26, 2007 (Volume 72, Number 17)]
[Notices]
[Page 3887-3888]
[DOCID:fr26ja07-153]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55136; File No. SR-FICC-2006-17]

Self-Regulatory Organizations; Fixed Income Clearing Corporation;
Order Approving Proposed Rule Change Relating to Clearing Fund
Deficiency Calls

January 19, 2007.

I. Introduction

    October 16, 2006, the Fixed Income Clearing Corporation (``FICC'')
filed with the Securities and Exchange Commission (``Commission'') a
proposed rule change pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ to adjust the deadline for
satisfying a clearing fund deficiency call from 10:30 a.m. to 9:30 a.m.
in the Schedule of Timeframes in FICC's Government Securities Division
(``GSD'') rulebook. The proposed rule change was published for comment
in the Federal Register on December 6, 2006.\2\ No comment letters were
received on the proposal. This order approves the proposal.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ Securities Exchange Act Release No. 54819 (Nov. 27, 2006),
71 FR 70817.

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II. Description of the Proposal

    FICC is amending GSD's rules to change the time when payment of
clearing fund deficiency calls is due from netting members. In 2005,
the Commission approved a FICC rule filing that established the Federal
Reserve's National Settlement System (``NSS'') as the method by which
GSD netting members would satisfy their funds-only settlement
amounts.\3\ FICC believes that that rule filing improved GSD's funds-
only settlement process because it created a more automated and
centralized payment system for the satisfaction of funds-only
settlement debits and credits. In NSS, the GSD funds-only settlement
debit and credit process is completed by 10 a.m.\4\ each business day.
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    \3\ Securities Exchange Act Release No. 52853 (Nov. 29, 2005),
70 FR 72682 (Dec. 6, 2005) [SR-FICC-2005-14].
    \4\ All times referenced herein are New York times.
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    Currently, clearing fund deficiency call payments are due from GSD
netting members at 10:30 a.m. Clearing fund deficiencies due to FICC
from netting members have to be satisfied prior to the release of
funds-only settlement credits. When a netting member has not satisfied
its clearing fund deficiency payment by approximately 9:50 a.m., GSD
removes that member from the automated NSS process and settles with
them manually outside the NSS system. Such manual processing results in
administrative burdens for FICC staff and undermines the efficiencies
FICC sought to achieve by using the NSS system.
    For this reason, FICC is changing the time when GSD clearing fund
deficiency calls must be satisfied to 9:30 a.m. from 10:30 a.m.\5\
Doing so should enable GSD to resolve any unsatisfied deficiencies with
netting members well in advance of the 10 a.m. completion of the funds-
only settlement process that takes place through NSS and should allow
GSD to better utilize the automated NSS process.
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    \5\ This rule filing does not affect a netting member's
obligation to make its funds-only settlement payment to FICC on
time.
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    As is currently the case in its rules, FICC will reserve the right
to extend this deadline on days that there are operational or systems
difficulties that would reasonably prevent members from satisfying a
deficiency call by 9:30 a.m.

III. Discussion

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a registered clearing agency. In particular,
the Commission believes the proposal is consistent with the
requirements of Section 17A(b)(3)(F),\6\ which, among other things,
requires that FICC's rules are designed to assure the safeguarding of
securities and funds that are in its custody or control or for which it
is responsible. Adjusting the time when clearing fund deficiency calls
must be satisfied by members from 10:30 a.m. to 9:30 a.m. will require
FICC members to satisfy their clearing fund deficiency calls before the
completion of FICC's fund-only settlement process through NSS. This
will enable FICC to eliminate much of the burdensome manual processing
in this area and will allow FICC to benefit from the efficiencies
provided by a more complete use of NSS. With members satisfying their
clearing fund deficiencies earlier and with more use of the automated
and centralized NSS, FICC will be better able to reduce settlement
risks to itself and to its members.
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    \6\ 15 U.S.C. 78q-1(b)(3)(F).
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IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposal is consistent with the requirements of the Act and in
particular with the requirements of Section 17A of the Act \7\ and the
rules and regulations thereunder.
    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\8\ that the proposed rule change (File No. SR-FICC-2006-17) be,
and hereby is, approved.\9\
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    \7\ 15 U.S.C. 78q-1.
    \8\ 15 U.S.C. 78s(b)(2).
    \9\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition and
capital formation. 15 U.S.C. 78c(f).

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-1182 Filed 1-25-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 155 (Thursday, August 11, 2016)]
[Notices]
[Pages 53176-53180]
[FR Doc No: 2016-19053]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78483; File No. SR-NYSEMKT-2016-68]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing of
Proposed Rule Change, Rule Change, as Modified by Amendment No. 1,
Amending NYSE Rule 49--Equities Regarding: (1) The Exchange's Emergency
Powers; (2) the Exchange's Disaster Recovery Plans; and (3) Exchange
Backup Systems and Mandatory Testing

August 5, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on July 29, 2016, NYSE MKT LLC (the ``Exchange'' or ``NYSE
MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 49--Equities (Emergency Powers)
by (1) replacing the text of current Rule 49--Equities with the
Exchange's proposed disaster recovery plans; and (2) moving the text of
current Rule 431 (Exchange Backup Systems and Mandatory Testing)
relating to Exchange member organizations to Rule 49--Equities. This
Amendment No. 1 supersedes the original filing in its entirety. The
proposed rule change is available on the Exchange's Web site at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 49--Equities (``Rule 49''),
which addresses the Exchange's emergency powers, by (1) replacing the
text of current Rule 49 with the Exchange's proposed disaster recovery
plans; and (2) moving the text of current Rule 431 (Exchange Backup
Systems and Mandatory Testing) relating to Exchange equity member
organizations to Rule 49 with no substantive changes. The Exchange
further proposes to amend Rules 0--Equities and 431 to specify that
Rule 431 would govern Exchange Backup Systems and Mandatory Testing for
Exchange ATP Holders only.
    The Exchange proposes to amend Rule 49 in two ways. First, the
Exchange proposes to replace the current disaster recovery plan,
pursuant to which NYSE Arca, Inc. (``NYSE Arca''), the Exchange's
affiliate, will act on behalf of and at the direction of the Exchange
for auctions and specified regulatory messages in Exchange-listed
securities, with a new disaster recovery plan that the Exchange would
implement if the Exchange's primary data center is impaired. Under the
proposed disaster recovery plan, the Exchange would no longer rely on
NYSE Arca to act on its behalf. Rather, the Exchange would operate as a
fully electronic exchange under its own trading rules and would
maintain its own order book in its disaster recovery facility. In
addition, quotes and trades would be published to the securities
information processor (``SIP'') as quotes and trades of the Exchange.
To reflect this change, the Exchange proposes to delete Rule 49
(Emergency Powers) in its entirety and replace it with new proposed
Rule 49(a).\4\
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    \4\ Because the Exchange would not implement proposed Rule 49(a)
until after an opportunity to test it with Exchange member
organizations, the Exchange proposes to retain current Rule 49 on
its books and not delete it until after proposed Rule 49(a) is
approved. The Exchange also proposes to file a separate proposed
rule change to establish the operative date of paragraph (a) of
proposed Rule 49 and delete the current version of the rule. To
reduce the potential for any confusion regarding which version of
the rule governs, the Exchange proposes to add the following
preamble to current Rule 49: ``This version of Rule 49--equities
will remain operative until the proposed rule changes described in
SR-NYSEMKT-2016-68 are approved and the Exchange files a separate
proposed rule change to delete this version of Rule 49--Equities and
preamble and to establish the operative date of paragraph (a) of
`Rule 49--Equities. Exchange Business Continuity and Disaster
Recovery Plans and Mandatory Testing.' Subject to such separate
proposed rule change, the Exchange will announce via Trader Update
the operative date of the deletion of this Rule and implementation
of paragraph (a) of Rule 49--Equities. Exchange Business Continuity
and Disaster Recovery Plans and Mandatory Testing.'' The Exchange
also proposes to add a preamble to proposed Rule 49, which would
provide: ``The Exchange will file a separate proposed rule change to
establish the operative date of paragraph (a) of this version of
Rule 49--Equities and to delete `Rule 49--Equities. Emergency
Powers' and this preamble. Until such time, `Rule 49--Equities.
Emergency Powers' will remain operative. Subject to such separate
proposed rule change, the Exchange will announce via Trader Update
the operative date of paragraph (a) of this Rule and deletion of
`Rule 49--Equities. Emergency Powers.' ''
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    Second, the Exchange proposes to move text from Rule 431 governing
Exchange Backup Systems and Mandatory Testing relating to equity member
organizations, to proposed Rule 49(b)(N) with only non-substantive
changes to update sub-paragraph numbering and cross references. Because
Rule 431 relates to mandatory testing of the Exchange's disaster
recovery facility, as required by Rule 1004 of Regulation SCI,\5\ the
Exchange believes that moving the rule text from Rule 431 to Rule 49
for its equity member organizations would make the Exchange's rules
easier to navigate by consolidating equity rules with a common theme
into a single rule. To incorporate that proposed Rule 49 would also
cover mandatory testing requirements for its equity member
organizations, the Exchange also proposes to change the title of Rule
49 to ``Exchange Business Continuity and

Disaster Recovery Plans and Mandatory Testing.''
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    \5\ 17 CFR 242.1004.
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    Because Rule 431 would pertain only to options trading, the
Exchange proposes to amend that rule to delete references to the terms
``member,'' ``member organization,'' and ``designated market maker''
and use the term ``ATP Holder'' instead. The Exchange also proposes to
amend Rule 0--Equities to remove the reference to Rule 431 as being
applicable to equities trading.
Background
    In 2012, the Exchange adopted Rule 49 to provide the Exchange with
the authority to declare an Emergency Condition with respect to trading
on or through the systems and facilities of the Exchange and to act as
necessary in the public interest and for the protection of
investors.\6\ The authority in Rule 49 may be exercised when, due to an
Emergency Condition,\7\ the Exchange's systems and facilities located
at 11 Wall Street, New York, New York, including the Trading Floor,
cannot be utilized, or if the Exchange's primary data center is
impaired. If such an Emergency Condition is declared, a qualified
Exchange officer may designate NYSE Arca to serve as a backup facility
so that the Exchange, as a self-regulatory organization (``SRO''), can
remain operational.\8\ NYSE Arca also would continue to operate
simultaneously.\9\ In September 2014, the Exchange further amended Rule
49 to revise how certain messages are disseminated.\10\
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    \6\ See Securities Exchange Act Release No. 70822 (November 6,
2013), 78 FR 68128 (November 13, 2013) (SR-NYSEMKT-2013-66) (``2013
Approval Order''). At the same time, NYSE Arca amended NYSE Arca
Equities Rule 2.100 to provide that NYSE Arca Equities would receive
and process bids and offers in Exchange-listed securities on behalf
of the Exchange. See id. (SR-NYSEArca-2013-77).
    \7\ Under current Rule 49, an ``Emergency Condition'' means an
emergency as defined in Section 12(k)(7) of the Act, which is ``(A)
a major market disturbance characterized by or constituting--(i)
sudden and excessive fluctuations of securities prices generally, or
a substantial threat thereof, that threaten fair and orderly
markets; or (ii) a substantial disruption of the safe or efficient
operation of the national system for clearance and settlement of
transactions in securities, or a substantial threat thereof; or (B)
a major disturbance that substantially disrupts, or threatens to
substantially disrupt--(i) the functioning of securities markets,
investment companies, or any other significant portion or segment of
the securities markets; or (ii) the transmission or processing of
securities transactions.'' 15 U.S.C. 78l(k)(7).
    \8\ NYSE Arca trades equity securities on the systems and
facilities of its wholly owned subsidiary, NYSE Arca Equities, Inc.,
referred to as the ``NYSE Arca Marketplace.'' For the purposes of
this filing and in the text of Rule 49, these shall be referred to
collectively as the systems and facilities of NYSE Arca, or simply
NYSE Arca.
    \9\ The Exchange's affiliate, New York Stock Exchange LLC
(``NYSE''), originally adopted a version of NYSE Rule 49 under which
quotes and trades of NYSE-listed securities would continue to be
reported to the SIP as quotes and trades of the NYSE. That plan was
referred to as the ``Print as N'' plan. NYSE MKT did not have a
corollary ``Print as A'' plan. When the NYSE amended its NYSE Rule
49 in 2013 and 2014, the Exchange adopted an identical version of
that rule as Rule 49. See 2013 Approval Order, supra note 5 (SR-
NYSE-2013-54).
    \10\ See Securities Exchange Act Release No. 73029 (Sept. 9,
2014), 79 FR 55061 (Sept. 15, 2014) (SR-NYSEMKT-2014-75) (``2014
Approval Order'').
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    Under Rule 49, if the Exchange declares an Emergency Condition, the
Exchange will halt all trading on the Exchange's systems and facilities
and purge any unexecuted orders from the Exchange's own systems and
facilities as soon as practicable following declaration of the
Emergency Condition.\11\ Beginning the next trading day, NYSE Arca, on
behalf of and at the direction of the Exchange, will disseminate the
official opening, re-opening, and closing trades of Exchange-listed
securities to the Consolidated Tape as message of the Exchange, and any
notification for Exchange listed securities to the Consolidated
Quotation System of a regulatory halt and resumption of trading
thereafter, trading pause and resumption of trading thereafter, and
Short Sale Price Test trigger and lifting thereafter, as messages of
the Exchange.\12\
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    \11\ See Rule 49(b)(1).
    \12\ See Rule 49(b)(2)(A)(i) and (ii).
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    In addition, bids and offers for Exchange-listed securities entered
on or through the systems and facilities of NYSE Arca during the
Emergency Condition will be reported to the Consolidated Quotation
system as bids and offers of NYSE Arca, except that the opening quote
will be reported to the Consolidated Quotation System as a bid and/or
offer of both the Exchange and NYSE Arca and any re-opening quote will
be reported to the Consolidated Quotation System as a bid and/or offer
of the Exchange only. Bids and offers for Exchange-listed securities
executed on or through the systems and facilities of NYSE Arca during
the Emergency Condition will be reported to the Consolidated Tape as
executions of NYSE Arca, except for executions in the opening, re-
opening, or closing transactions, which will be reported as Exchange
executions and Exchange volume only.\13\ Because intra-day quotes and
trades in Exchange-listed securities would be reported to the SIP as
quotes and trades of NYSE Arca (except for the opening, reopening and
closing trades), this disaster recovery plan is referred to the ``Print
as P'' plan.
---------------------------------------------------------------------------

    \13\ See Rule 49(2)(B).
---------------------------------------------------------------------------

    Since adopting Rule 49, the Exchange has amended its rules to
provide for Exchange-facilitated procedures for opening and closing
securities if either a Designated Market Maker (``DMM'') or the
Exchange's 11 Wall Street facilities are unavailable.\14\ Because the
Exchange can now operate even in the absence of 11 Wall Street
facilities, and because the Exchange's Print as P disaster recovery
plan is available in the exchange's secondary data center, Rule 49
would be invoked only if an Emergency Condition impacted the Exchange's
primary data center. To date, the Exchange has not invoked Rule 49.
---------------------------------------------------------------------------

    \14\ See Rules 123D(a)(2)-(6)--Equities (describing process for
the Exchange to facilitate the open and reopen of trading) and
Supplementary Material .10 to Rule 123C--Equities (describing
process for the Exchange to facilitate the close of trading).
---------------------------------------------------------------------------

Proposed Rule Change
    Proposed Rule 49(a) would govern the Exchange's Disaster Recovery
Facility. As proposed, Rule 49(a)(1) would provide that, as part of its
business continuity and disaster recovery plans, the Exchange maintains
a ``Disaster Recovery Facility,'' which is a secondary data center
located in a geographically diverse location, as required by Regulation
SCI.\15\ This proposed rule text is intended to be definitional, and
describes that the Exchange maintains a secondary data center.
---------------------------------------------------------------------------

    \15\ See 17 CFR 242.1001(a)(2)(v) (requiring policies and
procedures for business continuity and disaster recovery plans that
including maintaining backup and recovery capabilities sufficiently
resilient and geographically diverse and that are reasonably
designed to achieve next business day resumption of trading and two-
hour resumption of critical SCI systems following a wide-scale
disruption).
---------------------------------------------------------------------------

    Proposed Rule 49(a)(2) would specify the procedures that the
Exchange would follow if the Exchange determines under Rule 51--
Equities (``Rule 51'') to trade Exchange-traded securities on its
Disaster Recovery Facility. Currently, Rule 49(a)(1) provides that a
qualified Exchange officer shall have the authority to declare an
Emergency Condition and current Rule 49(a)(3)(B) defines the term
``qualified Exchange officer'' to mean the ICE Chief Executive Officer
or his or her designee, or the Chief Regulatory Officer of the Exchange
or his or her designee. The rule further provides that in the event
that none of these individuals is able to act due to incapacitation,
the most senior surviving officer of ICE or the Exchange shall be a
``qualified Exchange officer'' for purposes of Rule 49.
    Rather than specifying separately in Rule 49 who can act under that
rule, the Exchange proposes to include in Rule

51 the authority to determine whether to use the Exchange's Disaster
Recovery Facility. Rule 51(b) currently provides that, except as may be
otherwise determined by the Exchange Board of Directors, the Chief
Executive Officer (``CEO'') of the Exchange shall have the power to:
(i) Halt or suspend trading in some or all securities trading on the
Exchange; (ii) extend the hours for the transaction of business on the
Exchange; (iii) close some or all Exchange facilities; or (iv)
determine the duration of any halt, suspension or closing undertaken
under this Rule. Rule 51(c) specifies the circumstances under which the
CEO may take these actions, which includes a loss or interruption of
facilities utilized by the Exchange.\16\
---------------------------------------------------------------------------

    \16\ See Rule 51(c)(1).
---------------------------------------------------------------------------

    The Exchange believes that the authority to determine to trade
Exchange-traded securities in its Disaster Recovery Facility should
similarly be vested with the CEO of the Exchange. Specifically, the CEO
may already take the above-specified actions under Rule 51(b) if there
is a loss or interruption of facilities utilized by the Exchange. The
Exchange believes that a loss or interruption of the Exchange's primary
data center is an event contemplated in Rule 51(c), and therefore the
authority to take an action based on that event, whether suspending
trading or determining to use the Disaster Recovery Facility, should be
determined by the same person. Accordingly, the Exchange proposes to
add proposed Rule 51(b)(v) to specify that the CEO of the Exchange may
determine to trade securities on the Exchange's Disaster Recovery
Facility pursuant to Rule 49.\17\
---------------------------------------------------------------------------

    \17\ Under Rule 1--Equities, the CEO may formally designate one
or more qualified employees of Intercontinental Exchange Group, Inc.
to act in place of any person named in a rule as having authority to
act under such rule in the event that the named person in the rule
is not available to administer that rule. Because Rule 1--Equities
already provides the authority to designated alternate qualified
employees, the Exchange would not include rule text from current
Rule 49(a)(3)(B) regarding who may be designated to act in proposed
Rule 51 in the absence of the CEO.
---------------------------------------------------------------------------

    The Exchange also proposes non-substantive amendments to Rule 51(b)
to provide that the CEO ``may take any of the following actions''
rather than to provide that the CEO ``shall have the power to.'' The
Exchange believes the proposed amendment makes clear that the CEO may
invoke one or more of the actions specified in Rule 51(b)(i)-(v). For
the same reason, the Exchange proposes to make a conforming amendment
to Rule 51(c) to specify that the CEO shall take any of the actions
described in paragraph (b) above.
    The Exchange proposes that the following would apply if the
Exchange determines under Rule 51 to trade Exchange-traded securities
on its Disaster Recovery Facility:
     Proposed Rule 49(a)(2)(A) would provide that the 11 Wall
Street facilities would not be available for trading if the Exchange is
operating from its Disaster Recovery Facility. Because the trading
systems in the Exchange's Disaster Recovery Facility would not have
connectivity to DMM and Floor broker trading systems, the Exchange
would operate as a fully electronic exchange when operating out of its
Disaster Recovery Facility, even if 11 Wall Street facilities were not
impacted.
     Proposed Rule 49(a)(2)(B) would provide that opening and
reopening auctions would be subject to Rule 123D(a)(2)-(6)--Equities
and closing auctions would be subject to Supplementary Material .10 to
Rule 123C--Equities. Because there would be no Trading Floor or DMM
connectivity, the Exchange proposes that, when operating out of its
Disaster Recovery Facility, the Exchange would facilitate all openings,
reopenings, and closings, as provided for in the enumerated rules. As
noted above, this is the Exchange's current business continuity plan if
the 11 Wall Street facilities were unavailable, but the Exchange could
continue to operate out of its primary data center.
     Proposed Rule 49(a)(2)(C) would provide that any
unexecuted orders entered into Exchange systems before trading on the
Disaster Recovery Facility begins would be deemed cancelled and would
be purged from Exchange systems. This proposed rule text is based on
current Rule 49(b)(1)(B), which provides that when an Emergency
Condition is declared, the Exchange will purge any unexecuted orders
from the Exchange's own systems and facilities as soon as practicable
following declaration of the Emergency Condition. The Exchange proposes
to modify this text in proposed Rule 49(a)(2)(C) to make clear that any
unexecuted orders entered into Exchange systems before trading on the
Disaster Recovery Facility begins would be deemed cancelled because
depending on the scope of the disruption, the Exchange may not be able
to transmit cancellation messages for unexecuted orders.
     Proposed Rule 49(a)(2)(D) would provide that member
organizations registered as DMMs would not be subject to any DMM
obligations or benefits under Exchange rules while securities trade on
the Disaster Recovery Facility.\18\ DMMs would not be subject to any
such obligations or benefits because the Exchange will not maintain
systems that support DMM quoting at its Disaster Recovery Facility.
DMMs that route orders to the Disaster Recovery Facility would trade no
differently than other market participants that electronically enter
orders at the Exchange, and would be subject to the fees and credits
applicable to non-DMM transactions.
---------------------------------------------------------------------------

    \18\ See, e.g., Rules 103B(I)--Equities (quoting requirements
for allocation process of listed securities) and 104--Equities
(Dealings and Responsibilities of DMMs).
---------------------------------------------------------------------------

    Proposed Rule 49(a)(3) would provide that member organizations
wishing to trade on the Exchange's Disaster Recovery Facility would be
responsible for having contingency plans for establishing connectivity
to such facility and changing routing instructions for their order
entry systems to send bids and offers in Exchange-traded securities to
such facility. This proposed rule text is based on current Rule
49(b)(3), but references connectivity to the Exchange's Disaster
Recovery Facility rather than connectivity to NYSE Arca.
    As noted above, because the Exchange would no longer be designating
NYSE Arca to act on behalf of and at the direction of the Exchange, the
Exchange would not include the provisions of current Rule 49(a)(1) and
(b) relating to such designation. The Exchange further proposes that
the term ``Emergency Condition'' and related definition, described in
current Rule 49(a)(1), (2), and (3)(A), would not be included in
proposed Rule 49 because this language has been superseded by
Regulation SCI Rule 1001(a)(2)(v).\19\ Likewise, the Exchange would not
retain the current Rule 49(c)(2) requirement that the ability to invoke
Rule 49(a) would be operative for only a ten-day period. The Exchange
believes that, in the event of a wide-scale disruption, ten days may
not be enough time.
---------------------------------------------------------------------------

    \19\ See 17 CFR 242.1001(a)(2)(v).
---------------------------------------------------------------------------

    In addition, the Exchange is not proposing to include the subject
of current Rule 49(b)(2)(A) and (B) in proposed Rule 49. In the
Exchange's proposed Disaster Recovery Facility, the Exchange would be
reporting all quotes and trades to the SIP as quotes and trades of the
Exchange. In addition, the Exchange would be disseminating regulatory
messages for its listed securities, including notifications of a
regulatory halt and resumption of trading thereafter, trading pause and
resumption of trading thereafter, and Short Sale Price Test trigger and
lifting thereafter. Accordingly, NYSE Arca

would not be disseminating this information on behalf of the Exchange
in the event it determines to trade Exchange-traded securities on its
Disaster Recovery Facility.
    Finally, the Exchange does not propose to retain the language in
current Rule 49(c)(1), regarding notification requirements to the
Commission as these have also been superseded by the notification
requirements in Regulation SCI.\20\ Accordingly, current Rule 49(c)(1)
is obsolete and does not need to be included in proposed Rule 49(a).
---------------------------------------------------------------------------

    \20\ 17 CFR 242.1002(b)(1).
---------------------------------------------------------------------------

    As discussed above, proposed Rule 49(b)(N) would include all the
text of current Rule 431, with non-substantive differences to update
sub-paragraph numbering and rule paragraph cross references and to
reference member organizations. The Exchange proposes to designate this
paragraph of proposed Rule 49(b)(N) with an ``N'' to distinguish it
from current Rule 49(b), as both would be operative at the same time.
* * * * *
    As discussed above in footnote 3, paragraph (a) of proposed Rule 49
would not be operative until the Exchange has an opportunity to test it
with Exchange member organizations. The Exchange does not anticipate
that the DR Facility will be available for testing in production until
late in the fourth quarter of 2016. The Exchange will file a separate
proposed rule change to establish the operative date of paragraph (a)
of proposed Rule 49, delete current ``Rule 49--Equities. Emergency
Powers,'' delete the preamble to proposed Rule 49, and delete the ``N''
designation to proposed Rule 49(b). The operative date established in
such separate proposed rule change will also be announced via Trader
Update. The proposed changes to Rule 49(b)(N), 51, and Rule 431 will be
operative on approval of this proposed rule change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\21\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\22\ in particular, because it
is designed to promote just and equitable principles of trade and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and in general, to protect
investors and the public interest. Specifically, the Exchange believes
that the proposed rule change will assist in facilitating trading in
Exchange-traded securities in the event the Exchange experiences a
disruption in its primary data center. Accordingly, the proposed rule
change is designed to protect investors and the public interest by
providing for minimal interruption of Exchange trading if the Exchange
experiences a wide-scale disruption. The proposed rule change would
therefore remove impediments to and perfect the mechanism of a free and
open market and a national market system by providing for a business
continuity and disaster recovery plan that includes maintaining backup
and recovery capabilities sufficiently resilient and geographically
diverse and that is reasonably designed to achieve next business day
resumption of trading and two-hour resumption of critical Exchange
systems following a wide-scale disruption, as required by Regulation
SCI.\23\ Moreover, the Exchange believes that the proposed rule change
would strengthen business continuity planning for itself and its member
organizations, thereby benefiting market participants and investors
generally.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78f(b).
    \22\ 15 U.S.C. 78f(b)(5).
    \23\ See supra note 4.
---------------------------------------------------------------------------

    More specifically, the Exchange believes that the proposed rule
change would remove impediments to and perfect the mechanism of a free
and open market and a national market system because under the proposed
disaster recovery plan, the Exchange would maintain its own facility
within the Disaster Recovery Facility that would disseminate to the SIP
all quote and trade information, including opening, reopening, and
closing auction information and intra-day quotes and trades, as well as
regulatory messages, as Exchange messages.
    The Exchange further believes that the proposed rule change to vest
the authority to determine to trade securities on the Exchange's
Disaster Recovery Facility pursuant to Rule 49 with the CEO, as
provided for in proposed Rule 51(b)(v), would remove impediments to and
perfect the mechanism of a free and open market and a national market
system because it would consolidate in a single rule the individual
with authority to take specified actions. This proposed rule change
would also streamline the Exchange's rules and procedures by providing
for consistent authority of who may act when there is a loss or
interruption of facilities utilized by the Exchange.
    The Exchange also believes that, because the Exchange is now
subject to the requirements of Regulation SCI, certain elements of
current Rule 49 have been superseded, and therefore it would remove
impediments to and perfect the mechanism of a free and open market and
a national market system for proposed Rule 49(a) not to include
specified provisions of the current rule. Specifically, the Exchange
does not believe that proposed Rule 49(a) needs to be limited to what
is currently defined as an ``Emergency Condition'' or be invoked for
only ten days because the proposed rule would be invoked as part of a
robust business continuity and disaster recovery plan in the event of a
wide-scale disruption, as required by Rule 1001(a)(2)(v) of Regulation
SCI.\24\ For similar reasons, the Exchange does not believe that
proposed Rule 49 needs separate provisions specifying notice
requirements to the Commission because these are now required by Rule
1002(b) of Regulation SCI.\25\
---------------------------------------------------------------------------

    \24\ 17 CFR 242.1001(a)(2)(v).
    \25\ 17 CFR 242.1002(b).
---------------------------------------------------------------------------

    Finally, the Exchange believes that moving the text of current Rule
431 relating to equity member organizations to proposed Rule 49(b)(N),
amending Rule 431 to pertain only to ATP Holders, and renaming Rule 49
as ``Exchange Business Continuity and Disaster Recovery Plans and
Mandatory Testing,'' would remove impediments to and perfect the
mechanism of a free and open market and a national market system
because it would consolidate into a single rule related content, i.e.,
the Exchange's proposed equity disaster recovery plan and mandatory
testing requirements related to such plan. Thus, the proposed rule
change would make the Exchange's rules easier to navigate for Exchange
equity members, the Commission, and the public.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
designed to facilitate trading in Exchange-listed securities on its
Disaster Recovery Facility. As such, the Exchange believes that the
proposed rule change would promote competition for the benefit of
market participants and investors generally because it provides
transparency in terms of which rules would govern trading in Exchange-
traded securities if they trade on the Exchange's Disaster Recovery
Facility.

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

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

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

    Within 45 days of the date of publication of this notice in the
Federal Register or up to 90 days (i) as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or (ii) as to which the self-regulatory
organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the 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 email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2016-68 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEMKT-2016-68. This
file number should be included on the subject line if email 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 Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEMKT-2016-68, and should
be submitted on or before September 1, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
---------------------------------------------------------------------------

    \26\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2016-19053 Filed 8-10-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Notices]
[Page 7824]
[FR Doc No: 2017-01280]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2013-0342; FRL-9956-16-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Lime Manufacturing (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``NESHAP for Lime Manufacturing
(40 CFR part 63, subpart AAAAA)'' (EPA ICR No. 2072.06, OMB Control No.
2060-0544), to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.). This is a proposed extension of the ICR, which is currently
approved through January 31, 2017. Public comments were previously
requested via the Federal Register (81 FR 26546) on May 3, 2016 during
a 60-day comment period. This notice allows for an additional 30 days
for public comments. A fuller description of the ICR is given below,
including its estimated burden and cost to the public. An Agency may
neither conduct nor sponsor, and a person is not required to respond
to, a collection of information unless it displays a currently valid
OMB control number.

DATES: Additional comments may be submitted on or before February 22,
2017.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2013-0342, to: (1) EPA online using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW., Washington, DC 20460; and (2) OMB via email
to<EMAIL_ADDRESS>Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The affected entities are subject to the General
Provisions of the NESHAP (40 CFR part 63, subpart A), and any changes,
or additions to the General Provisions are specified at 40 CFR part 63,
subpart AAAAA. Owners or operators of the affected facilities must
submit a one-time-only report of any physical or operational changes,
initial performance tests, and periodic reports and results. Owners or
operators are also required to maintain records of the occurrence and
duration of any startup, shutdown, or malfunction in the operation of
an affected facility, or any period during which the monitoring system
is inoperative. Reports, at a minimum, are required semiannually.
    Form Numbers: None.
    Respondents/affected entities: Lime manufacturing plants.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart AAAAA).
    Estimated number of respondents: 68 (total).
    Frequency of response: Initially, occasionally, and semiannually.
    Total estimated burden: 16,300 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $2,010,000 (per year), includes $325,000 in
both annualized capital/startup or operation & maintenance costs.
    Changes in the Estimates: There is an adjustment increase in the
respondent burden and cost due to an increase in the estimated number
of sources subject to the regulation. This ICR assumes an industry
growth rate of one respondent per year, which results in an average
increase of three respondents since the last ICR renewal period.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2017-01280 Filed 1-19-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Notices]
[Pages 88389-88390]
[FR Doc No: 2023-28088]

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

[EPA-HQ-OPP-2019-0188; FRL-11621-01-OCSPP]

RTI International and ToxStrategies LLC; Transfer of Data
(December 2023)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces that pesticide related information
submitted to EPA's Office of Pesticide Programs (OPP) pursuant to the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the
Federal Food, Drug, and Cosmetic Act (FFDCA), including information
that may have been claimed as Confidential Business Information (CBI)
by the submitter, will be transferred to RTI International and its
subcontractor, ToxStrategies LLC., in accordance with the CBI
regulations. RTI International and its subcontractor, ToxStrategies
LLC., have been awarded a contract to perform work for OPP, and access
to this information will enable RTI International and its
subcontractor, ToxStrategies LLC., to fulfill the obligations of the
contract.

DATES: RTI International and its subcontractor, ToxStrategies LLC.,
will be given access to this information on or before December 26,
2023.

FOR FURTHER INFORMATION CONTACT: William Northern, Information
Technology and Resources Management Division (7502P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>
email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action applies to the public in general. As such, the Agency
has not attempted to describe all the specific entities that may be
affected by this action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2019-0188, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at https://www.epa.gov/dockets.

II. Contractor Requirements

    Under Contract No. 68HERC24F0015, RTI International and its
subcontractor, ToxStrategies LLC., will manage all aspects of the task
order including, but not limited to, the technical, quality assurance,
schedule, cost, and communication requirements.
    The Contractor shall only work on tasks in the Performance Work
Statement as directed by the TOCOR. The TOCOR shall identify specific
due dates for deliverables for Tasks 3-4 via technical direction.
Technical direction will be provided in writing by the Contracting
Officer or the TOCOR as delegated by the Contracting Officer.
    The Contractor shall schedule at least biweekly meetings
(teleconference, in-person, Skype, Adobe Connect, or other media) with
the TOCOR to discuss the status of the work including reporting any
issues with respect to schedule slip or cost overruns. The TOCOR will
identify, as needed, other individuals who should participate in these
calls. Additional teleconference calls may be scheduled by the TOCOR as
needed. Note: Telephone or in-person reports are not replacements for
required written communications.
    In addition to biweekly meetings, the Contractor shall update the
TOCOR via telephone (and follow-up via email) and, in writing, via
email, of any issues on an ongoing basis.
    The Contractor shall immediately inform the TOCOR when any hours or
costs for any task has exceeded or is expected to exceed the contractor
estimate by >10%.
    The Contractor shall immediately inform the TOCOR of any problems
that may impact the production, budget, and/or delivery of
deliverables.
    The Contractor shall provide the combined monthly status report and
financial in PDF format, with the financial report also provided in a
spreadsheet format such as Excel or CSV.
    OPP has determined that access by RTI International and its
subcontractor, ToxStrategies LLC., to information on all pesticide
chemicals is necessary for the performance of this contract.
    Some of this information may be entitled to confidential treatment.
The information has been submitted to EPA under FIFRA sections 3, 4, 6,
and 7 and under FFDCA sections 408 and 409.
    In accordance with the requirements of 40 CFR 2.307(h)(2), the
contract with RTI International and its subcontractor, ToxStrategies
LLC., prohibits use of the information for any purpose not specified in
the contract; prohibits disclosure of the information to a third party
without prior written approval from the Agency; and requires that each
official and employee of the contractor sign an agreement to protect
the information from unauthorized release and to handle it in
accordance with the FIFRA Information Security Manual. In addition, RTI
International and its subcontractor, ToxStrategies LLC. are required to
submit for EPA approval a security plan under which any CBI will be
secured and protected against unauthorized release or compromise. No
information will be provided to RTI International and its
subcontractor, ToxStrategies LLC., until the requirements in this
document have been fully satisfied. Records of information provided to
RTI International and its subcontractor, ToxStrategies LLC., will be
maintained by EPA Project Officers for this contract. All information
supplied to RTI International and its subcontractor, ToxStrategies
LLC., by EPA for use in connection with this contract will be returned
to EPA when RTI International and its subcontractor, ToxStrategies
LLC., have completed their work.
    Authority: 7 U.S.C. 136 et seq.; 21 U.S.C. 301 et seq.

    Dated: December 15, 2023.
Kimberly Smith,
Acting Director, Information Technology and Resources Management
Division, Office of Program Support.
[FR Doc. 2023-28088 Filed 12-20-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: March 27, 2007 (Volume 72, Number 58)]
[Notices]
[Page 14275-14276]
[DOCID:fr27mr07-41]

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

[EPA-HQ-OAR-2003-0120; FRL-8288-7]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Reporting and Recordkeeping
Requirements for National Volatile Organic Compound Emission Standards
for Automobile Refinish Coatings (Renewal), EPA ICR Number 1765.04, OMB
Control Number 2060-0353

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request to renew an
existing approved collection. The ICR which is abstracted below,
describes the nature of the collection and the estimated burden and
cost.

DATES: Additional comments may be submitted on or before April 26,
2007.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OAR-2003-0120, to (1) EPA online using http://www.regulations.gov (our

preferred method), or by mail to: EPA Docket Center (EPA/DC), Air and
Radiation Docket Information Center, 1200 Pennsylvania Avenue, NW.;
Mail Code: 6102T, Washington, DC 20460, and (2) OMB at: Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB), Attention: Desk Officer for EPA, 725 17th Street, NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Warren Johnson, Office of Air Quality
Planning and Standards, Sector Policies and Programs Division (E143-
03), Natural Resources and Commerce Group, Environmental Protection
Agency, Research Triangle Park, North Carolina 27711; telephone number:
(919) 541-5124; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On January 25, 2007 (72 FR 3387), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any
additional comments on this ICR should be submitted to EPA and OMB
within 30 days of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OAR-2003-0120, which is available for public viewing
online at http://www.regulations.gov, or in person viewing at the Air

Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301
Constitution Avenue, NW., Washington, DC. The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Reading
Room is<PHONE_NUMBER> and the telephone number for the Air Docket is
(202) 566-1742.
    Use EPA's electronic docket and comment system at http://www.regulations.gov
 to submit or view public comments, access the index

listing of the contents of the docket, and to access those documents in
the docket that are available electronically. Once in the system,
select ``docket search,'' then key in the docket ID number identified
above. Please note that EPA's policy is that public comments, whether
submitted electronically or in paper, will be made available for public
viewing at http://www.regulations.gov, as EPA receives them and without

change, unless the comment contains copyrighted material, CBI, or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://www.regulations.gov
.

    Title: Reporting and Recordkeeping Requirements for National
Volatile Organic Compound Emission Standards for Automobile Refinish
Coatings (Renewal).
    ICR Numbers: EPA ICR Number 1765.04, OMB Control Number 2060-0353.
    ICR Status: This ICR is scheduled to expire on March 31, 2007.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9,

and displayed either by publication in the Federal Register or by other
appropriate means, such as on the related collection instrument or
form, if applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: The EPA is required under section 183(e) of the Clean Air
Act to regulate volatile organic compound emissions from the use of
consumer and commercial products. Pursuant to section 183(e)(3), the
EPA published a list of consumer and commercial products and a schedule
for their regulation (60 FR 15264). Automobile refinish coatings were
included on the list, and the standards for such coatings are codified
at 40 CFR part 59, subpart B. The reports required under the standards
enable EPA to identify all coating and coating component manufacturers
and importers in the United States and to determine which coatings and
coating components are subject to the standards, based on dates of
manufacture.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 3.5
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to be able to respond to
a collection of information; search data sources; complete and review
the collection of information; and transmit or otherwise disclose the
information.
    Respondents/Affected Entities: Manufacturers and importers of
automobile refinish coatings and coating components.
    Estimated Number of Respondents: 4.
    Frequency of Response: On occasion.
    Estimated Total Annual Hour Burden: 14.
    Estimated Total Annual Cost: $940 including $0 in capital or O&M
costs.
    Changes in the Estimates: There is no change in the total estimated
burden currently identified in the OMB Inventory of Approved ICR
Burdens.

    Dated: March 12, 2007.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. E7-4927 Filed 3-26-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: November 7, 2007 (Volume 72, Number 215)]
[Notices]
[Page 62897-62898]
[DOCID:fr07no07-102]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-01-9561, FMCSA-05-22194]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
25 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent
to, or greater than, the level of safety maintained without the
exemptions for these drivers.

DATES: This decision is effective December 6, 2007. Comments should be
received on or before December 7, 2007.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-01-9561, FMCSA-05-22194, using
any of the following methods.
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the on-line instructions for submitting

comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this Notice. Note that DOT posts all comments received without
change to http://www.regulations.gov, including any personal

information included in a comment. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140

on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78; Apr. 11, 2000).
This information is also available at http://DocketInfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical
Qualifications Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue, SE., Room W64-
224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5
p.m. Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of commercial motor vehicles (CMVs) in interstate commerce, for
a two-year period if it finds ``such exemption would likely achieve a
level of safety that is equivalent to, or greater than, the level that
would be achieved absent such exemption.'' The procedures for
requesting an exemption (including renewals) are set out in 49 CFR part
381.

Exemption Decision

    This notice addresses 25 individuals who have requested a renewal
of their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 25 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:
    Norman E. Braden, Levi A. Brown, Henry L. Chastain, Thomas R.
Crocker, Clinton D. Edwards, Gerald W. Fox, Ronald K Fultz, Richard L.
Gandee, John C. Holmes, John L. Hynes, John G. Kaye, Richard H. Kind,
Bobby G. LaFleur, Robert S. Larrance, John D. McCormick, Thomas C,
Meadows, Timothy S. Miller, David A. Morris, Leigh E. Moseman, Gary T.
Murray, Richard P. Stanley, Paul D. Stoddard, Robert L. Tankersley,
Jr., Scott A. Tetter, Benny R. Toothman.
    These exemptions are extended subject to the following conditions:
(1) That each individual have a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the standard in 49 CFR 391.41(b)(10), and
(b) by a medical examiner who attests that the individual is otherwise
physically qualified under 49 CFR 391.41; (2) that each individual
provide a copy of the ophthalmologist's or optometrist's report to the
medical examiner at the time of the annual medical examination; and (3)
that each individual provide a copy of the annual medical certification
to the employer for retention in the driver's qualification file and
retain a copy of the certification on his/her person while driving for
presentation to a duly authorized Federal, State, or local enforcement
official. Each exemption will be valid for two years unless rescinded
earlier by FMCSA. The exemption will be rescinded if: (1) The person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 25 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (66 FR 30502; 66 FR 41654; 70 FR 57353; 70 FR 72689). Each
of these 25 applicants has requested renewal of the exemption and has
submitted evidence showing that the vision in the better eye continues
to meet the standard specified at 49 CFR 391.41(b)(10) and that the
vision impairment is stable. In addition, a review of each record of
safety while driving with the respective vision deficiencies over the
past two years indicates each applicant continues to meet the vision
exemption standards. These factors provide an adequate basis for
predicting each driver's ability to continue to drive safely in
interstate commerce. Therefore, FMCSA concludes that extending the
exemption for each renewal applicant for a period

of two years is likely to achieve a level of safety equal to that
existing without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by December 7, 2007.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 25 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was based on the merits of each
case and only after careful consideration of the comments received to
its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all of these drivers, are not
currently achieving the statutory level of safety should immediately
notify FMCSA.
    The Agency will evaluate any adverse evidence submitted and, if
safety is being compromised or if continuation of the exemption would
not be consistent with the goals and objectives of 49 U.S.C. 31136(e)
and 31315, FMCSA will take immediate steps to revoke the exemption of a
driver.

    Issued on: November 1, 2007.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E7-21878 Filed 11-6-07; 8:45 am]

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