[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34678-34679]
[FR Doc No: 2018-15545]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0052]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to exempt seven individuals from
the requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs) that interstate commercial motor vehicle (CMV) drivers have
``no established medical history or clinical diagnosis of epilepsy or
any other condition which is likely to cause loss of consciousness or
any loss of ability to control a CMV.'' The exemptions enable these
individuals who have had one or more seizures and are taking anti-
seizure medication to operate CMVs in interstate commerce.

DATES: The exemptions were applicable on July 1, 2018. The exemptions
expire on July 1, 2020.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], 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.,
e.t., Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/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., e.t., Monday through Friday,
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

II. Background

    On May 24, 2018, FMCSA published a notice announcing receipt of
applications from seven individuals requesting an exemption from the
epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) and
requested comments from the public (83 FR 24153). The public comment
period ended on June 25, 2018, and one comment was received.
    FMCSA has evaluated the eligibility of these applicants and
determined that granting exemptions to these individuals would achieve
a level of safety equivalent to or greater than the level that would be
achieved by complying with the current regulation 49 CFR 391.41(b)(8).
    The physical qualification standard for drivers regarding epilepsy
found in 49 CFR 391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.

    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs
3, 4, and 5.]
---------------------------------------------------------------------------

    \1\ See http://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

III. Discussion of Comments

    FMCSA received one comment in this proceeding. Vicky Johnson, an
employee of the Minnesota Department of Public Safety (DPS), stated
that the Minnesota DPS has no objections in the granting of an
exemption to Jesse Hansen.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the epilepsy and seizure disorder prohibition in 49 CFR
391.41(b)(8) if the exemption is likely to achieve an equivalent or
greater level of safety than would be achieved without the exemption.
The exemption allows the applicants to operate CMVs in interstate
commerce.
    In reaching the decision to grant these exemption requests, FMCSA
considered the 2007 recommendations of the Agency's Medical Expert
Panel (MEP). The January 15, 2013, Federal Register notice (78 FR 3069)
provides the current MEP recommendations which is the criteria the
Agency uses to grant seizure exemptions.
    The Agency's decision regarding these exemption applications is
based on an individualized assessment of each applicant's medical
information, including the root cause of the respective seizure(s) and
medical information about the applicant's seizure history, the length
of time that has elapsed since the individual's last seizure, the
stability of each individual's treatment regimen and the duration of
time on or off of anti-seizure medication. In addition, the Agency
reviewed the treating clinician's medical opinion related to the
ability of the driver to safely operate a CMV with a history of seizure
and each applicant's driving record found in the Commercial Driver's
License Information System (CDLIS) for commercial driver's license
(CDL) holders, and interstate and intrastate inspections recorded in
the Motor Carrier Management Information System (MCMIS). For non-CDL
holders, the Agency reviewed the driving records from the State
Driver's Licensing Agency (SDLA). A summary of each applicant's seizure
history was discussed in the May 24, 2018 Federal Register notice (83
FR 24153) and will not be repeated in this notice.
    These seven applicants have been seizure-free over a range of 22
years while taking anti-seizure medication and maintained a stable
medication treatment regimen for the last two years. In each case, the
applicant's treating physician verified his or her seizure history and
supports the ability to drive commercially.
    The Agency acknowledges the potential consequences of a driver
experiencing a seizure while operating a CMV. However, the Agency
believes the drivers granted this exemption have demonstrated that they
are unlikely to have a seizure and their medical condition does not
pose a risk to public safety.
    Consequently, FMCSA finds that in each case exempting these
applicants from the epilepsy and seizure disorder prohibition in 49 CFR
391.41(b)(8) is likely to achieve a level of safety equal to that
existing without the exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the
applicants in the exemption document and includes the following: (1)
Each driver must remain seizure-free and maintain a stable treatment
during the two-year exemption period; (2) each driver must submit
annual reports from their treating physicians attesting to the
stability of treatment and that the driver has remained seizure-free;
(3) each driver must undergo an annual medical examination by a
certified Medical Examiner, as defined by 49 CFR 390.5; and (4) each
driver must provide a copy of the annual medical certification to the
employer for retention in the driver's qualification file, or keep a
copy of his/her driver's qualification file if he/she is self-employed.
The driver must also have a copy of the exemption when driving, for
presentation to a duly authorized Federal, State, or local enforcement
official.

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the seven exemption applications,
FMCSA exempts the following drivers from the epilepsy and seizure
disorder prohibition, 49 CFR 391.41(b)(8), subject to the requirements
cited above:

Scott D. DeJarnette (KY)
James R. Grant (NH)
Jesse Hansen (MN)
Troy L. Nichols (IL)
Nick J. Ramirez (CA)
Scott A. Ready, Sr. (WI)
Michael A. Warren (MI)

    In accordance with 49 U.S.C. 31315(b)(1), each exemption will be
valid for two years from the effective date unless revoked earlier by
FMCSA. The exemption will be revoked if the following occurs: (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 prior to being granted; or (3) continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136 and 31315.

    Issued on: July 13, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-15545 Filed 7-19-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 88, Number 117 (Tuesday, June 20, 2023)]
[Notices]
[Pages 39857-39858]
[FR Doc No: 2023-13119]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket Number USCG-2023-0392]

Application for Recertification of Cook Inlet Regional Citizens
Advisory Council

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability; request for comments.

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

SUMMARY: The Coast Guard announces the availability of, and seeks
comments on, the recertification of the Cook Inlet Regional Citizens
Advisory Council (CIRCAC) for September 1, 2023 through August 31,
2024. Under the Oil Pollution Act of 1990 (OPA 90), the Coast Guard may
certify on an annual basis the CIRCAC. This advisory group

monitors the activities of terminal facilities and crude oil tankers
under the Cook Inlet program established by the statute. The Coast
Guard may certify an alternative voluntary advisory group in lieu of
the CIRCAC. The current certification for the CIRCAC will expire August
31, 2023.

DATES: Public comments on CIRCAC's recertification application must
reach the Seventeenth Coast Guard District on or before August 4, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0392 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
recertification, call or email LT Case Kuikhoven, Seventeenth Coast
Guard District (dpi); telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0392 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
    Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
    Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
    Public meeting. We do not plan to hold a public meeting. But you
may submit a request for one on or before August 4, 2023, using the
method specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
the process of thoroughly considering the application for
recertification, we will hold one at a time and place announced by a
later notice in the Federal Register.

II. Background and Purpose

    The Coast Guard published guidelines on December 31, 1992 (57 FR
62600), to assist groups seeking recertification under the Oil Terminal
and Oil Tanker Environmental Oversight and Monitoring Act of 1990 (33
U.S.C. 2732) (the Act). The Coast Guard issued a policy statement on
July 7, 1993 (58 FR 36504), to clarify the factors that the Coast Guard
would be considering in making its determination as to whether advisory
groups should be certified in accordance with the Act, and the
procedures which the Coast Guard would follow in meeting its
certification responsibilities under the Act.
    Most recently, on September 16, 2002 (67 FR 58440), the Coast Guard
changed its policy on recertification procedures for regional citizen's
advisory council by requiring applicants to provide comprehensive
information every three years. For the two years in between, applicants
only submit information describing substantive changes to the
information provided at the last triennial recertification. This is the
year in this triennial cycle that CIRCAC must provide comprehensive
information.
    The Coast Guard is accepting comments concerning the
recertification of CIRCAC. At the conclusion of the comment period on
August 4, 2023, the Coast Guard will review all application materials
and comments received and will take one of the following actions:
    (a) Recertify the advisory group under 33 U.S.C. 2732(o);
    (b) Issue a conditional recertification for a period of 90 days,
with a statement of any discrepancies, which must be corrected to
qualify for recertification for the remainder of the year; or
    (c) Deny recertification of the advisory group if the Coast Guard
finds that the group is not broadly representative of the interests and
communities in the area or is not adequately fostering the goals and
purposes of 33 U.S.C. 2732.
    The Coast Guard will notify CIRCAC by letter of the action taken on
its application. A notice will be published in the Federal Register to
advise the public of the Coast Guard's determination.

    Dated: May 26, 2023.
Nathan A. Moore,
Rear Admiral, U.S. Coast Guard, Commander, Seventeenth Coast Guard
District.
[FR Doc. 2023-13119 Filed 6-16-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 5 (Wednesday, January 8, 2014)]
[Proposed Rules]
[Pages 1349-1350]
[FR Doc No: 2013-31569]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2010-0335; FRL-9905-04-Region 6]

Approval and Promulgation of Implementation Plans; Texas;
Procedures for Stringency Determinations and Minor Permit Revisions for
Federal Operating Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of proposed rule.

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

SUMMARY: On September 10, 2013, the Environmental Protection Agency
(EPA)

published a direct final rule approving portions of three revisions to
the Texas State Implementation Plan (SIP) concerning the Texas Federal
Operating Permits Program. EPA received timely, adverse comments on the
direct final rule and withdrew the direct final rule on November 6,
2013. In our withdrawal of the direct final rule, we indicated we would
address the comments received through the proposed rule published on
September 10, 2013. Subsequent to our withdrawal of the direct final,
EPA received a letter dated December 19, 2013, from the Texas
Commission on Environmental Quality stating that the December 17, 1999;
October 4, 2001; and August 11, 2003 revisions specific to stringency
determinations and minor permit revisions for Federal Operating Permits
have been withdrawn from our consideration as revisions to the Texas
SIP. Accordingly, EPA is withdrawing the proposed approval and finds
that no further action is necessary on the portions of the three SIP
revisions specific to stringency determinations and minor permit
revisions for the Texas Federal Operating Permits Program. The State's
action also withdraws from EPA's review the Federal Operating Permits
Program component of the January 22, 2010 Consent Decree between EPA
and the BCCA Appeal Group, Texas Association of Business, and Texas Oil
and Gas Association. This withdrawal is being taken under section 110
and parts C and D of the Federal Clean Air Act.

DATES: The proposed rule published on September 10, 2013 (78 FR 55234),
is withdrawn as of January 8, 2014.

FOR FURTHER INFORMATION CONTACT: Ms. Adina Wiley (6PD-R), Air Permits
Section, Environmental Protection Agency, Region 6, 1445 Ross Avenue
(6PD-R), Suite 1200, Dallas, TX 75202-2733. The telephone number is
(214) 665-2115. Ms. Wiley can also be reached via electronic mail at
<EMAIL_ADDRESS>
List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.

    Dated: December 20, 2013.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2013-31569 Filed 1-7-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Notices]
[Page 39194]
[FR Doc No: 2015-16693]

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

DEPARTMENT OF TRANSPORTATION

Bureau of Transportation Statistics

[Docket ID Number: DOT-OST-2014-0031]

Agency Information Collection; Activity Under OMB Review;
Reporting Required for International Civil Aviation Organization

AGENCY: Office of the Assistant Secretary for Research and Technology
(OST-R), Bureau of Transportation Statistics (BTS), DOT.

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.) this notice announces that the Information
Collection Request (ICR) abstracted below has been forwarded to the
Office of Management and Budget (OMB) for extension of currently
approved collections. The ICR describes the nature of the information
collection and its expected burden. The Federal Register Notice with a
60-day comment period soliciting comments on the following collection
of information was published on April 21, 2015 (80 FR 22265). No
comments were received.

DATES: Written comments should be submitted by August 7, 2015.

FOR FURTHER INFORMATION CONTACT: Jeff Gorham, Office of Airline
Information, RTS-42, Room E34, OST-R, BTS, 1200 New Jersey Avenue SE.,
Washington, DC 20590-0001, Telephone Number<PHONE_NUMBER>, Fax Number
(202) 366-3383 or E-MAIL<EMAIL_ADDRESS>    Comments: Send comments to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725-17th Street NW.,
Washington, DC 20503, Attention: OST Desk Officer.

SUPPLEMENTARY INFORMATION:
    OMB Approval No. 2138-0039.
    Title: Reporting Required for International Civil Aviation
Organization (ICAO).
    Form No.: BTS Form EF.
    Type Of Review: Extension of a currently approved collection.
    Respondents: Large certificated air carriers.
    Number of Respondents: 38.
    Number of Responses: 38.
    Total Annual Burden: 26 hours.
    Needs and Uses: As a party to the Convention on International Civil
Aviation (Treaty), the United States is obligated to provide ICAO with
financial and statistical data on operations of U.S. air carriers. Over
99% of the data filed with ICAO is extracted from the air carriers'
Form 41 submissions to BTS. BTS Form EF is the means by which BTS
supplies the remaining 1% of the air carrier data to ICAO.
    The Confidential Information Protection and Statistical Efficiency
Act of 2002 (44 U.S.C. 3501), requires a statistical agency to clearly
identify information it collects for non-statistical purposes. BTS
hereby notifies the respondents and the public that BTS uses the
information it collects under this OMB approval for non-statistical
purposes including, but not limited to, publication of both
Respondent's identity and its data, and submission of the information
to agencies outside BTS for review, analysis and possible use in
regulatory and other administrative matters.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department concerning consumer protection. Comments should address
whether the information will have practical utility; the accuracy of
the Department's estimate of the burden of the proposed information
collection; ways to enhance the quality, utility and clarity of the
information to be collected; and ways to minimize the burden of the
collection of information on respondents, including the use of
automated collection techniques or other forms of information
technology.

    Issued in Washington, DC, on June 26, 2015.
William Chadwick, Jr.,
Director, Office of Airline Information, Bureau of Transportation
Statistics.
[FR Doc. 2015-16693 Filed 7-7-15; 8:45 am]
 BILLING CODE 4910-9X-P


Summary of EPA Teleconference

with NORA (An Association of Responsible Recyclers)

May 24, 2007

On Thursday, May 24, 2007, Tracy Atagi from the Office of Solid Waste
(OSW) participated in a teleconference  with NORA (An Association of
Responsible Recyclers). EPA gave a brief overview of the supplemental
proposed rule and took questions from the group.  EPA clarified that the
proposed codification of legitimacy determinations would apply to all
recycling under RCRA, not just the proposed exclusions.

Tracy Atagi	Environmental Protection Agency

Scott Parker	NORA

Representatives of NORA member companies


[Federal Register Volume 82, Number 21 (Thursday, February 2, 2017)]
[Notices]
[Pages 9086-9087]
[FR Doc No: 2017-02185]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79892; File No. SR-ICC-2016-014]

Self-Regulatory Organizations; ICE Clear Credit LLC; Order
Approving Proposed Rule Change To Provide for the Clearance of
Additional Credit Default Swap Contracts

January 27, 2017.

I. Introduction

    On November 18, 2016, ICE Clear Credit LLC (``ICC'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to revise the ICC
Rulebook (the ``Rules'') in order to provide for the clearance of
Standard Australian Corporate Single Name CDS contracts (collectively,
``STAC Contracts'') and Standard Australian Financial Corporate Single
Name CDS contracts (collectively, ``STAFC Contracts''). The proposed
rule change was published for comment in the Federal Register on
December 7, 2016.\3\ The Commission did not receive comments on the
proposed rule change. On January 18, 2017, the Commission designated a
longer period for Commission action on the proposed rule change.\4\ For
the reasons discussed below, the Commission is approving the proposed
rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 79439 (December 1,
2016), 81 FR 88291 (December 7, 2016) (SR-ICC-2016-014).
    \4\ Securities Exchange Act Release No. 79821 (January 18,
2017), 82 FR 8450 (January 25, 2017) (SR-ICC-2016-014).
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    The rule change adopts rules that provide the basis for ICC to
clear additional credit default swap contracts. Specifically, ICC is
amending Chapter 26 of the ICC Rules to add Subchapters 26M and 26N to
provide for the clearance of STAC and STAFC Contracts, respectively.
ICC represents clearing of the additional STAC and STAFC Contracts will
not require any changes to ICC's Risk Management Framework or other
policies and procedures constituting rules within the meaning of the
Act.
    ICC represents that STAC Contracts have similar terms to the
Standard European Corporate Single Name CDS contracts (``STEC
Contracts'') currently cleared by ICC and governed by Subchapter 26G of
the ICC Rules. Therefore, ICC states that the rules found in Subchapter
26M largely mirror the ICC Rules for STEC Contracts in Subchapter 26G,
with certain modifications that reflect differences in terms and market
conventions between those contracts and STAC Contracts. STAC Contracts
will be denominated in United States Dollars.
    ICC Rule 26M-102 (Definitions) sets forth the definitions used for
the STAC Contracts. ICC represents that the definitions are
substantially the same as the definitions found in Subchapter 26G of
the ICC Rules, other than certain conforming changes. Similarly, ICC
states that its Rules 26M-203 (Restriction on Activity), 26M-206
(Notices Required of Participants with respect to STAC Contracts), 26M-
303 (STAC Contract Adjustments), 26M-309 (Acceptance of STAC Contracts
by ICE Clear Credit), 26M-315 (Terms of the Cleared STAC Contract),
26M-316 (Relevant Physical Settlement Matrix Updates), 26M-502
(Specified Actions), and 26M-616 (Contract Modification) reflect or
incorporate the basic contract specifications for STAC Contracts and
are substantially the same as under Subchapter 26G of the ICC Rules.
    ICC states that STAFC Contracts have similar terms to the Standard
European Financial Corporate Single Name CDS contracts (``STEFC
Contracts'') currently cleared by ICC and governed by Subchapter 26H of
the ICC Rules. Thus, ICC represents that the rules found in Subchapter
26N largely mirror the ICC Rules for STEFC Contracts in Subchapter 26H,
with certain modifications that reflect differences in terms and market
conventions between those contracts and STAFC Contracts. STAFC
Contracts will be denominated in United States Dollars.
    ICC Rule 26N-102 (Definitions) sets forth the definitions used for
the STAFC Contracts. ICC states that the definitions are substantially
the same as the definitions found in Subchapter 26H of the ICC Rules,
other than certain conforming changes. ICC represents that its Rules
26N-203 (Restriction on Activity), 26N-206 (Notices Required of
Participants with respect to STAFC Contracts), 26N-303 (STAFC Contract
Adjustments), 26N-309 (Acceptance of STAFC Contracts by ICE Clear
Credit), 26N-315 (Terms of the Cleared STAFC Contract), 26N-316
(Relevant Physical Settlement Matrix Updates), 26N-502 (Specified
Actions), and 26N-616 (Contract Modification) reflect or incorporate
the basic contract specifications for STAFC Contracts and are
substantially the same as under Subchapter 26H of the ICC Rules.

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act \5\ directs the Commission to
approve a proposed rule change of a self-regulatory organization if the
Commission finds that the proposed rule change is consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to such self-regulatory organization. Section 17A(b)(3)(F)
of the Act \6\ requires that, among other things, that the rules of a
clearing agency be designed to promote the prompt and accurate
clearance and settlement of securities transactions and, to the extent
applicable, derivative agreements, contracts, and transactions, to
assure the safeguarding of securities and funds which are in the
custody or control of the clearing agency or for which it is
responsible and, in general, to protect investors and the public
interest.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2)(C).
    \6\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    The Commission finds that the rule change is consistent with the
requirements of Section 17A of the Act \7\ and the rules and
regulations thereunder applicable to ICC. The rule changes expands
clearing to additional products, the STAC and STAFC credit default swap
contracts, thus promoting the prompt and accurate clearance and
settlement of securities transactions and, to the extent applicable,
derivative agreements, contracts, and transactions. ICC represents that
the STAC and STAFC contracts are similar to the STEC and STEFC
Contracts that ICC currently clears, and that the STAC and STAFC
Contracts will be cleared pursuant to ICC's existing clearing
arrangements and related financial safeguards, protections and risk
management procedures. Clearing of the STAC and STAFC Contracts will
thus allow market participants an increased ability to manage risk,
while ensuring the safeguarding of margin assets pursuant to clearing
house rules. Therefore, the Commission believes that acceptance of the
STAC and STAFC Contracts, on the terms and conditions set out in the
Rules, is consistent with the prompt and accurate clearance of and
settlement of securities transactions and derivative agreements,
contracts and transactions cleared by ICC, the safeguarding of
securities and funds in the custody or control of ICC, and the
protection of investors and the public interest, within the meaning of
Section 17A(b)(3)(F) of the Act.\8\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78q-1.
    \8\ 15 U.S.C. 78q-1(b)(3)(F).

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

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 \9\ and the
rules and regulations thereunder.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\10\ that the proposed rule change (File No. SR-ICC-2016-014) be,
and hereby is, approved.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2).
    \11\ 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 Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2017-02185 Filed 2-1-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 10 (Tuesday, January 17, 2012)]
[Notices]
[Page 2341]
[FR Doc No: 2012-683]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Notice of Applications for Certificates of Public Convenience and
Necessity and Foreign Air Carrier Permits Filed Under Subpart B
(Formerly Subpart Q) During the Week Ending December 24, 2011

    The following Applications for Certificates of Public Convenience
and Necessity and Foreign Air Carrier Permits were filed under Subpart
B (formerly Subpart Q) of the Department of Transportation's Procedural
Regulations (See 14 CFR 301.201 et seq.). The due date for Answers,
Conforming Applications, or Motions to Modify Scope are set forth below
for each application. Following the Answer period DOT may process the
application by expedited procedures. Such procedures may consist of the
adoption of a show-cause order, a tentative order, or in appropriate
cases a final order without further proceedings.
    Docket Number: DOT-OST-2011-0232.
    Date Filed: December 20, 2011.
    Due Date for Answers, Conforming Applications, or Motion to Modify
Scope: January 10, 2012.

Description

    Application of Atlantic Southeast Airlines, Inc. notifying the
Department, pursuant to the requirements of 14 CFR 215.4, of a change
in the carrier's name to ``ExpressJet Airlines, Inc.'' and requesting
the reissuance of its certificates of public convenience and necessity
and other economic authorities and requests that the trade names
``ASA,'' ``Atlantic Southeast,'' and ``Atlantic Southeast Airlines,
Inc.'' be registered for use in its operations.

Renee V. Wright,
 Program Manager, Docket Operations, Federal Register Liaison.
[FR Doc. 2012-683 Filed 1-13-12; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register: September 23, 2009 (Volume 74, Number 183)]
[Notices]
[Page 48545-48546]
[DOCID:fr23se09-59]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0008; FRL-8436-2]

SFIREG Environmental Quality Issues Working Committee Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Association of American Pesticide Control Officials
(AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG),
Environmental Quality Issues (EQI) Working Committee will hold a 2-day
meeting, beginning on October 19, 2009 and ending October 20, 2009.
This notice announces the location and times for the meeting and sets
forth the tentative agenda topics.

DATES: The meeting will be held on Monday, October 19, 2009 from 8:30
a.m. to 5 p.m. and 8:30 a.m to 12 noon on Tuesday October 20, 2009
    To request accommodation of a disability, please contact the person
listed under FOR FURTHER INFORMATON CONTACT, preferably at least 10
days prior to the meeting, to give EPA as much time as possible to
process your request.

ADDRESSES: The open meeting will be held at EPA. One Potomac Yard
(South

Bldg.) 2777 Crystal Dr., Arlington VA. 1st Floor South
Conference Room.

FOR FURTHER INFORMATION CONTACT: Ron Kendall, Field and External
Affairs Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER> fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>or Grier Stayton, SFIREG Executive
Secretary, P.O. Box 466, Milford DE 19963; telephone number (302) 422-
8152; fax<PHONE_NUMBER>; e-mail address: grierstaytonaapco-
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are
interested in SFIREG information exchange relationship with EPA
regarding important issues related to human health, environmental
exposure to pesticides, and insight into EPA's decision-making process.
You are invited and encouraged to attend the meetings and participate
as appropriate. Potentially affected entities may include, but are not
limited to: Those persons who are or may be required to conduct testing
of chemical substances under the Federal Food, Drug and Cosmetics Act
(FFDCA), or the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA).

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket ID number EPA-HQ-OPP-2008-0143. Publicly available docket
materials are available either in the electronic docket at http://
www.regulations.gov, or, if only available in hard copy, at the Office
of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. Background

    Topics may include but are not limited to:
    1. Update on the EPA's NPDES general permit for pesticides.
    2. Report on USGS study on Pesticide Occurrence in the Lakes of the
Ridge Citrus Region of Central Florida.
    3. Office of Water-Update on Harmonization of Risk Assessment-
Scoping Paper.
    4. Office of Water-Update on atrazine water quality criteria and
May SAP.
    5. Update on Revision to Advisory Statements-Outcome of full SFIREG
Meeting.
    6. Fumigant label comments and label development.
    7. OECA update.
    8. Update on Office of Water's CCL3 and UCMR programs.
    9. POINTS database summary and updates.
    10. Briefing from the Federal-State Toxicology and Risk Analysis
Committee(FSTRAC)- Discussion on SFIREG and FSTRAC working together.
    11. NAWQA Cycle 3 update.
    12. Spot on pet products. EPA's evaluation of these products and
incident Data.

III. How Can I Request to Participate in this Meeting?

    This meeting is open for the public to attend. You may attend the
meeting without further notification.

List of Subjects

    Environmental protection,

    Dated: September 15, 2009.
 William R. Diamond,
Director, Field and External Affairs Division, Office of Pesticide
Programs
[FR Doc. E9-22620 Filed 9-22-09; 8:45 a.m.]

BILLING CODE 6560-50-S


[Federal Register Volume 86, Number 191 (Wednesday, October 6, 2021)]
[Notices]
[Page 55593]
[FR Doc No: 2021-21827]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER21-2963-000]

CLN Energy LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
CLN Energy LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is October 20, 2021.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: September 30, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-21827 Filed 10-5-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 39 (Wednesday, February 27, 2013)]
[Notices]
[Pages 13347-13348]
[FR Doc No: 2013-04543]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0001]

Clinical Chemistry and Clinical Toxicology Devices Panel of the
Medical Devices Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Clinical Chemistry and Clinical Toxicology
Devices Panel of the Medical Devices Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on April 25 and 26, 2013,
from 8 a.m. to 6 p.m.
    Location: Holiday Inn, Ballroom, Two Montgomery Village Ave.,
Gaithersburg, MD 20879. The hotel phone number is<PHONE_NUMBER>.
    Contact Person: Sara J. Anderson, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg 66, rm. 1611, Silver Spring, MD 20993-0002,
<EMAIL_ADDRESS>301-796-7047, or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area). A notice in the Federal Register about last minute modifications
that impact a previously announced advisory committee meeting cannot
always be published quickly enough to provide timely notice. Therefore,
you should always check the Agency's Web site at http://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before coming to
the meeting.
    Agenda: On April 25, 2013, during session I, the committee will
discuss and make recommendations on the appropriate regulatory
classification for diagnostic devices known as methotrexate enzyme
immunoassays. Methotrexate enzyme immunoassays are considered pre-
Amendment devices since they were in commercial distribution prior to
May 28, 1976 when the Medical Device Amendments became effective.
Methotrexate enzyme immunoassays are currently regulated under the
heading of ``Enzyme Immunoassay, Methotrexate,'' Product Code LAO, as
unclassified under the 510(k) premarket notification authority.
Methotrexate enzyme immunoassays are for the quantitative determination
of methotrexate. The measurements obtained are used in monitoring
levels of methotrexate to ensure appropriate drug therapy. FDA is
seeking panel input on the safety and effectiveness of methotrexate
enzyme immunoassays.
    On April 25, 2013, during session II, the committee will discuss
and make recommendations on the appropriate regulatory classification
for diagnostic devices known as phencyclidine (PCP) enzyme immunoassays
and PCP radioimmunoassays. PCP enzyme immunoassays and PCP
radioimmunoassays are considered pre-Amendment devices since they were
in commercial distribution prior to May 28, 1976 when the Medical
Device Amendments became effective. PCP enzyme immunoassays are
currently regulated under the heading of ``Enzyme Immunoassay,
Phencyclidine,'' Product Code LCM, and ``Radioimmunoassay,
Phencyclidine,'' Product Code LCL, as unclassified under the 510(k)
premarket notification authority. FDA is seeking panel input on the
safety and effectiveness of PCP enzyme immunoassays and PCP
radioimmunoassays.
    On April 26, 2013, the committee will discuss and make
recommendations on the appropriate regulatory classification for
diagnostic devices known as isoniazid test strips. Isoniazid test
strips are considered pre-Amendment devices since they were in
commercial distribution prior to May 28, 1976 when the Medical Device
Amendments became effective. Isoniazid test strips are currently
regulated under the heading of ``Strip, Test Isoniazid,'' Product Code
MIG, as unclassified under the 510(k) premarket notification authority.
Isoniazid test strips are a qualitative assay used for detecting
isonicotinic acid and its metabolites in urine to determine compliance
of isoniazid (INH) medication. FDA is seeking panel input on the safety
and effectiveness of isoniazid test strips.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
April 16, 2013. On April 25, 2013, oral presentations will be scheduled
between approximately 9:30 a.m. and 10 a.m. for session I and between 2
p.m. and 2:30 p.m. for session II. Oral presentations from the public
will be scheduled between 1 p.m. and 2 p.m. on April 26, 2013. Those
individuals interested in making formal oral presentations should
notify the contact person and submit a brief statement of the general
nature of the evidence or arguments they wish to present, the names and
addresses of proposed participants, and an indication of the
approximate time requested to make their presentation on or before
April 8, 2013. Time allotted for each presentation may be limited. If
the number of registrants requesting to speak is greater than can be
reasonably accommodated during the scheduled open public hearing
session, FDA may conduct a lottery to determine the speakers for the
scheduled open public hearing session. The contact person will notify
interested persons regarding their request to speak by April 9, 2013.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact James Clark,
Conference Management Staff, at<EMAIL_ADDRESS>or 301-796-
5293, at least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: February 22, 2013.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2013-04543 Filed 2-26-13; 8:45 am]
BILLING CODE 4160-01-P


NRDC/ NACWA February 15, 2006 Meeting Attendees: Nancy Stoner ( NRDC), Alex Dunn ( NACWA), Ken Kirk ( NACWA), Carolann Sicillano ( EPA/ OGC), Stephen Sweeney ( EPA/ OGC), Joe Theis ( EPA/ OECA), Kevin Bell ( EPA/ OECA), Don Brady ( EPA/ WPD), Rachel Herbert ( EPA/ WPD), Kevin Weiss ( EPA/ WPD)

Alex Dunn indicated that NRDC and NACWA had reviewed the public comments on the December 22, 2006 draft policy. They suggested that commenters could be put into two groups, those that generally supported the approach, but had constructive comments for clarifying or otherwise improving the draft, and those commenters that generally disagreed with the approach in the draft policy. They wanted to provide EPA with suggestions on how to address constructive comments that were consistent with the general approach of the draft policy. They provided a mark up of the December, 2005 draft policy with their suggestions. Stephen Sweeney explained that EPA would consider significant new information and data, including comments and materials presented, as comments submitted after the comment period and docketed accordingly. Alex Dunn and/ or Nancy Stoner suggested responses to relevant comments as follows:

Introduction Section 1. Finding  In order to respond to concerns raised in several environmental groups' comments, make the finding that peak flow volumes can be dramatically reduced stronger.

Applicability Section 2. Tertiary treatment   Suggested that a distinction be made between two classes of units called tertiary treatment units   1) biological treatment units that provide treatment that goes beyond secondary treatment standards and 2) tertiary treatment units that follow biological units. They recommended that EPA clarify that the bypass provision applies to the first situation, but does not necessarily apply to the second situation. They indicated they thought this could be done by limiting the applicability of the policy.

3. Physical/ Chemical Treatment   Indicated that comments had been raised about the scenario where a portion of the wet weather flow was routed around both traditional primary and biological units, but rather sent to a ballasted flocculation unit ( or other advanced physical/ chemical treatment unit). They indicated that they believed this situation was a bypass of primary as well as biological treatment, and could not be approved under the draft policy. One thought discussed was that the limitation in the applicability section ( that the policy did not apply to diversions around primary treatment) could be removed from the applicability section, with the statement later in the document that " NPDES authorities . . . need to ensure that all flows . . . receive a minimum of primary treatment."

4. Secondary Treatment limitations   Suggested language to clarify that wet weather treatment processes ( treatment for flows diverted around biological treatment) had to meet permit limitations based on the secondary treatment limitations. Limits would be applied before recombination/ blending of flows. Several options for expressing this concept were provided. Nancy Stoner indicated that she thought the best interpretation of the regulations was to apply 7 day averages to diverted, treated flows. OECA staff indicated that they thought 30 day averages were appropriate. OGC suggested that we could make a general statement that permit writers needed to set permit limits for all flows under all configurations. Different locations in the policy were suggested. Alex Dunn indicated that she didn't think ballasted flocculation met secondary treatment requirements.

5. ` Severe Property Damage'   Indicated that some commenters had noted that the ` severe property damage' criteria in the bypass provision had not been discussed in the draft policy. Suggested language to clarify that this criteria applied, and language to explain what ` severe property damage' meant.

6. Implementation Schedules   Indicated that some commenters suggested that additional detail be provided to the discussion of implementation schedules. The markup presented suggested detail that could be added. Suggested deleting the sentence indicating that implementation schedules would be considered permit conditions because the sentence seemed controversial based on the comments. NRDC thought that OECA had urged that this language be put into the draft policy.

7. Anti degradation   Suggested adding language to clarify that applicable State anti degradation policies applied to derivation of water quality based limitations.

8. Notice to Water Suppliers   Suggested language to clarify that downstream water suppliers should be notified about discharges to sensitive waters.

9. Ten day notice   Suggested that they didn't interpret the 10 day advanced notice requirement in the bypass regulation as causing compliance problems where the permittee did not know of the need to divert 10 days in advance. They suggested that EPA should issue a question & answer on this to clarify.

10. Abnormally High Event   A number of commenters requested that EPA define ` rain event'. Recommended language that would indicate that approved anticipated bypasses should generally be limited to ` abnormally high precipitation events for a region.' NRDC and NACWA generally agreed with commenters that suggested that EPA should issue additional technical guidance on the blending issue. They indicated that they were working on questions and answers that they would recommend EPA adopt.


[Federal Register: March 18, 2009 (Volume 74, Number 51)]
[Notices]
[Page 11621-11622]
[DOCID:fr18mr09-94]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59552; File No. SR-CTA/CQ-2008-05]

Consolidated Tape Association; Order Approving the Thirteenth
Substantive Amendment to the Second Restatement of the Consolidated
Tape Association Plan and the Ninth Substantive Amendment to the
Restated Consolidated Quotation Plan

March 10, 2009.

I. Introduction

    On December 15, 2008, the Consolidated Tape Association (``CTA'')
Plan and Consolidated Quotation (``CQ'') Plan participants
(``Participants'') \1\ filed with the Securities and Exchange
Commission (``Commission'') pursuant to Rule 608 \2\ under the
Securities Exchange Act of 1934 (``Act'') \3\ a proposal to amend the
CTA and CQ Plans (collectively, the ``Plans'') \4\ to provide that the
Participants will pay the Network A Administrator a fixed annual fee
(``Annual Fixed Payment'') in exchange for its performance of Network A
administrator functions under the Plans. The proposed Amendments were
published for comment in the Federal Register on January 21, 2008.\5\
No comment letters were received in response to the Notice. This order
approves the Amendments.
---------------------------------------------------------------------------

    \1\ Each Participant executed the proposed amendment. The
Participants are the American Stock Exchange LLC (n/k/a NYSE
Alternext U.S. LLC); Boston Stock Exchange, Inc. (n/k/a NASDAQ OMX
BX, Inc.); Chicago Board Options Exchange, Incorporated; Chicago
Stock Exchange, Inc.; Financial Industry Regulatory Authority, Inc.,
International Securities Exchange, LLC; The NASDAQ Stock Market LLC
(``Nasdaq''); National Stock Exchange, Inc.; New York Stock Exchange
LLC (``NYSE''); NYSE Arca, Inc.; and Philadelphia Stock Exchange,
Inc. (n/k/a NASDAQ OMX PHLX, Inc.).
    \2\ 17 CFR 240.608.
    \3\ 15 U.S.C. 78k-1.
    \4\ See Securities Exchange Act Release Nos. 10787 (May 10,
1974), 39 FR 17799 (order approving CTA Plan); 15009 (July 28,
1978), 43 FR 34851 (August 7, 1978) (order temporarily approving CQ
Plan); and 16518 (January 22, 1980), 45 FR 6521 (order permanently
approving CQ Plan). The most recent restatement of both Plans was in
1995. The CTA Plan, pursuant to which markets collect and
disseminate last sale price information for non-NASDAQ listed
securities, is a ``transaction reporting plan'' under Rule 601 under
the Act, 17 CFR 242.601, and a ``national market system plan'' under
Rule 608 under the Act, 17 CFR 242.608. The CQ Plan, pursuant to
which markets collect and disseminate bid/ask quotation information
for listed securities, is a ``national market system plan'' under
Rule 608 under the Act, 17 CFR 242.608.
    \5\ See Securities Exchange Act Release No. 59230 (January 12,
2008), 74 FR 3659 (``Notice'').

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

II. Description of the Proposal

    Section XII (``Financial Matters'') of the CTA Plan and Section IX
(``Financial Matters'') of the CQ Plan each provide that a network's
Operating Expenses are to be deducted from the network's Gross Income
before determining the amounts that the network's administrator will
distribute to the Participants. Both Section XII(c)(i) (``Determination
of Operating Expenses'') of the CTA Plan and Section IX(c)(i)
(``Determination of Operating Expenses'') of the CQ Plan currently
provide that a network's Operating Expenses include all costs and
expenses that the network's administrator incurs in ``collecting,
processing and making available Network A market data.'' The Network A
Administrator stated that accounting for operating costs, especially
the allocation of organization overhead costs to the Network A
Administrator function, is administratively burdensome. And as a
result, the Network A Participants have proposed to replace their
payment to the Network A Administrator of Operating Expenses with an
Annual Fixed Payment. In the case of NYSE as the CTA and CQ Network A
Administrator, the Participants proposed that ``Operating Expenses''
for any calendar year equal: (1) The Annual Fixed Payment for that
year; plus (2) ``Extraordinary Expenses.'' Extraordinary Expenses would
include that portion of legal and audit expenses and marketing and
consulting fees that are outside of the ordinary and customary
functions that a network administrator performs.\6\
---------------------------------------------------------------------------

    \6\ The Commission notes that the Transmittal Letter
accompanying the proposed Amendments included language not voted on
by the Participants and thus not included in the proposed
Amendments: ``Network A Administrator will not incur any
extraordinary expense on behalf of the Network A Participants unless
the Network A Participants determine by majority vote to approve the
incurrence of that extraordinary expense.'' This language is not
part of the proposed Amendments that the Commission is approving
today.
---------------------------------------------------------------------------

    For calendar year 2008, the Network A Participants voted to set the
Annual Fixed Payment at $6,000,000 to compensate the Network A
Administrator for its Network A administrative services during 2008
under both the CTA and CQ Plans. For each subsequent calendar year the
Annual Fixed Payment shall increase (but not decrease) by the
percentage increase (if any) in the annual cost-of-living adjustment
(``COLA'') that the U.S. Social Security Administration applies to the
Supplemental Security Income for the calendar year preceding that
subsequent year, subject to a maximum annual increase of five
percent.\7\
---------------------------------------------------------------------------

    \7\ See Notice, supra note 5 at 3660 for a more detailed
description of how the fee will be assessed
---------------------------------------------------------------------------

Discussion

    After careful review, the Commission finds that the Amendments to
the Plans are consistent with the requirements of the Act and the rules
and regulations thereunder,\8\ and, in particular, Section 11A(a)(1) of
the Act \9\ and Rule 608 thereunder \10\ in that they are necessary or
appropriate in the public interest, for the protection of investors and
the maintenance of fair and orderly markets, to remove impediments to,
and perfect the mechanisms of, a national market system. The Commission
believes that permitting the Network A Administrator to assess a flat
fee should increase the efficiency of the administration of the
Plans.\11\ Additionally, the Commission notes that every two years the
Network A Administrator is required to provide a report detailing any
significant changes to the administrative expenses during the preceding
two years to enable the Participants to review and determine by
majority vote whether to continue the Annual Fixed Payment at its then
current level.
---------------------------------------------------------------------------

    \8\ The Commission has considered the proposed amendments'
impact on efficiency, competition, and capital formation. 15 U.S.C.
78c(f).
    \9\ 15 U.S.C. 78k-1(a)(1).
    \10\ 17 CFR 240.608.
    \11\ The Commission notes that Nasdaq similarly receives a fixed
fee for its performance of administrative functions under the
``Joint Self-Regulatory Organization Plan Governing the Collection,
Consolidation and Dissemination of Quotation and Transaction
Information for Nasdaq-Listed Securities Traded on Exchanges on
Unlisted Trading Privileges Basis.''
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 11A of the Act,\12\
and Rule 608 thereunder,\13\ that the proposed amendments to the CTA
and CQ Plans (SR-CTA/CQ-2008-05) are approved.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78k-1.
    \13\ 17 CFR 240.608.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(27).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E9-5767 Filed 3-17-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Notices]
[Pages 5786-5787]
[FR Doc No: 2012-2570]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14293-000]

PacifiCorp; Notice of Application Accepted for Filing and
Soliciting Comments, Motions To Intervene, Protests, Recommendations,
and Terms and Conditions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Conduit Exemption.
    b. Project No.: 14293-000.
    c. Date filed: September 27, 2011, and supplemented December 1,
2011, and January 12, 2012.
    d. Applicant: PacifiCorp.
    e. Name of Project: Granite Hydroelectric Project.
    f. Location: The proposed Granite Project would be located on a
water supply pipeline in Salt Lake County, Utah. The land on which all
the project structures are located is owned by the applicant.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791a-825r.
    h. Applicant Contact: Ms. Eve Davies, PacifiCorp., 1407 West North
Temple, Salt Lake City, UT 84116, phone<PHONE_NUMBER>.
    i. FERC Contact: Robert Bell,<PHONE_NUMBER><EMAIL_ADDRESS>    j. Status of Environmental Analysis: This application is ready for
environmental analysis at this time, and the Commission is requesting
comments, reply comments, recommendations, terms and conditions, and
prescriptions.
    k. Deadline for filing responsive documents: Due to the small size
of the proposed project, as well as the resource agency consultation
letters filed with the application, the 60-day timeframe specified in
18 CFR 4.34(b) for filing all comments, motions to intervene, protests,
recommendations, terms and conditions, and prescriptions is shortened
to 30 days from the issuance date of this notice. All reply comments
filed in response to comments submitted by any resource agency, Indian
tribe, or person, must be filed with the Commission within 45 days from
the issuance date of this notice.
    Comments, protests, and interventions may be filed electronically
via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site under the http://www.ferc.gov/docs-filing/efiling.asp. The Commission strongly
encourages electronic filings.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    l. Description of Project: The Granite Project would consist of:
(1) A proposed powerhouse containing one proposed generating unit with
an installed capacity of 1,700 kilowatts; and (2) appurtenant
facilities. The applicant estimates the project would have an average
annual generation of 5.015 gigawatt-hours.
    m. This filing is available for review and reproduction at the
Commission in the Public Reference Room, Room 2A, 888 First Street NE.,
Washington, DC 20426. The filing may also be viewed on the Web at
http://www.ferc.gov/docs-filing/elibrary.asp using the ``eLibrary''
link. Enter the docket number, P-14293, in the docket number field to
access the document. For assistance, call toll-free 1-(866) 208-3676 or
email<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy
is also available for review and reproduction at the address in item h
above.
    n. Development Application--Any qualified applicant desiring to
file a competing application must submit to the Commission, on or
before the specified deadline date for the particular application, a
competing development application, or a notice of intent to file such
an application. Submission of a timely notice of intent allows an
interested person to file the competing development application no
later than 120 days after the specified deadline date for the
particular application. Applications for preliminary permits will not
be accepted in response to this notice.
    o. Development Application--Any qualified applicant desiring to
file a competing application must submit to the Commission, on or
before the specified deadline date for the particular application, a
competing development application, or a notice of intent to file such
an application. Submission of a timely notice of intent allows an
interested person to file the competing development application no
later than 120 days after the specified deadline date for the
particular application. Applications for preliminary permits will not
be accepted in response to this notice.
    p. Protests or Motions to Intervene--Anyone may submit a protest or
a motion to intervene in accordance with the requirements of Rules of
Practice and Procedure, 18 CFR 385.210, 385.211, and 385.214. In
determining the appropriate action to take, the Commission will
consider all protests filed, but only those who file a motion to
intervene in accordance with the Commission's Rules may become a party
to the proceeding. Any protests or motions to intervene must be
received

on or before the specified deadline date for the particular
application.
    q. All filings must (1) Bear in all capital letters the title
``PROTEST'', ``MOTION TO INTERVENE'', ``COMMENTS'', ``REPLY COMMENTS'',
``RECOMMENDATIONS'', ``TERMS AND CONDITIONS'', or ``PRESCRIPTIONS'';
(2) set forth in the heading, the name of the applicant and the project
number of the application to which the filing responds; (3) furnish the
name, address, and telephone number of the person protesting or
intervening; and (4) otherwise comply with the requirements of 18 CFR
385.2001 through 385.2005. All comments, recommendations, terms and
conditions or prescriptions must set forth their evidentiary basis and
otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may
obtain copies of the application directly from the applicant. Any of
these documents must be filed by providing the original and seven
copies to: The Secretary, Federal Energy Regulatory Commission, 888
First Street NE., Washington, DC 20426. An additional copy must be sent
to Director, Division of Hydropower Administration and Compliance,
Office of Energy Projects, Federal Energy Regulatory Commission, at the
above address. A copy of any protest or motion to intervene must be
served upon each representative of the applicant specified in the
particular application. A copy of all other filings in reference to
this application must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

    Dated: January 31, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-2570 Filed 2-3-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 6, 2006 (Volume 71, Number 214)]
[Notices]
[Page 65018-65019]
[DOCID:fr06no06-69]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54678]

Order Exempting Certain Sub-Penny Trade-Throughs From Rule 611 of
Regulation NMS Under the Securities Exchange Act of 1934

October 31, 2006.

I. Introduction

    Pursuant to Rule 611(d) \1\ of Regulation NMS \2\ under the
Securities Exchange Act of 1934 (``Exchange Act''), the Securities and
Exchange Commission (``Commission''), by order, may exempt from the
provisions of Rule

611 of Regulation NMS (``Rule 611'' or ``Rule''), either
unconditionally or on specified terms and conditions, any person,
security, transaction, quotation, or order, or any class or classes of
persons, securities, quotations, or orders, if the Commission
determines that such exemption is necessary or appropriate in the
public interest, and is consistent with the protection of investors.\3\
As discussed below, the Commission is exempting from Rule 611 trading
centers executing transactions that trade through a low-priced
protected quotation by less than $0.01 per share. The exemption is
designed to promote more workable and efficient intermarket price
priority in NMS stocks with quoted prices of $1.00 or less per share
that can be quoted in increments as small as $0.0001.
---------------------------------------------------------------------------

    \1\ 17 CFR 242.611(d).
    \2\ 17 CFR 242.600 et seq.
    \3\ See also 15 U.S.C. 78mm(a)(1) (providing general authority
for Commission to grant exemptions from provisions of Exchange Act
and rules thereunder).
---------------------------------------------------------------------------

II. Background

    The Commission adopted Regulation NMS in June 2005.\4\ Rule
611(a)(1) requires a trading center to establish, maintain, and enforce
written policies and procedures that are reasonably designed to prevent
trade-throughs on that trading center of protected quotations in NMS
stocks that do not fall within an exception set forth in the Rule. Rule
611(b)(6) provides an exception for a trade-through transaction
effected by a trading center that simultaneously routes an intermarket
sweep order (``ISO'') to execute against the full displayed size of any
protected quotation in the NMS that was traded through.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496 (June 29, 2005) (``Regulation NMS Adopting
Release'').
---------------------------------------------------------------------------

    Rule 612(a) of Regulation NMS prohibits, among other things, the
display of quotations priced in an increment smaller than $0.01 if the
quotation is priced equal to or greater than $1.00 per share.\5\ Under
Rule 612(b), however, it is permissible to display quotations in
increments as small as $0.0001 if the quotation is priced less than
$1.00 per share. As a result, quotations priced in increments as small
as $0.0001 could qualify as ``protected quotations'' under Rule
600(b)(58).\6\
---------------------------------------------------------------------------

    \5\ 17 CFR 242.612(a).
    \6\ 17 CFR 242.600(b)(58). A ``protected quotation'' is defined
as a protected bid or protected offer. Under Rule 600(b)(57), a
``protected bid'' or ``protected offer'' means a quotation in an NMS
stock that: (i) is displayed by an automated trading center; (ii) is
disseminated pursuant to an effective national market system plan;
and (iii) is an automated quotation that is the best bid or best
offer of a national securities exchange or a national securities
association.
---------------------------------------------------------------------------

III. Discussion

    The Commission has decided to exempt trading centers from the
requirement in Rule 611(a) to establish, maintain, and enforce written
policies and procedures that are reasonably designed to prevent trade-
throughs when: (1) The price of the protected quotation that is traded
through is $1.00 or less; and (2) the price of the trade-through
transaction is less than $0.01 away from the price of the protected
quotation that was traded through (``Sub-Penny Trade-Throughs'').
    The Commission believes that granting an exemption for Sub-Penny
Trade-Throughs will promote a more workable and efficient trade-through
rule in NMS stocks that can be priced in very small increments of less
than $0.01. The Regulation NMS Adopting Release notes that
implementation of the Rule 611 trade-through provisions is likely to
present the greatest challenge for agency markets trading active stocks
that handle a large volume of buy and sell orders.\7\ These trading
centers must assure that such orders interact in an orderly and
efficient manner in compliance with all applicable priority rules. The
Rule 611(a) requirement of written policies and procedures is designed
to achieve the objective of eliminating all trade-throughs that
reasonably can be prevented, while also acknowledging the inherent
difficulties of eliminating trade-through transactions in active stocks
with quotations that change rapidly.\8\
---------------------------------------------------------------------------

    \7\ 70 FR at 37524.
    \8\ 70 FR at 37534.
---------------------------------------------------------------------------

    Consistent with this approach, the Commission is adopting an
exemption for Sub-Penny Trade-Throughs, particularly to allow active
agency trading centers that continuously display quotations and execute
orders against such quotations to operate their trading systems
efficiently in stocks that can be quoted in increments of as small as
$0.0001. Given these small quoting increments for protected quotations
priced at less than $1.00 per share, the Commission does not believe it
is appropriate to require trading centers to prevent trade-throughs of
less than $0.01. In the absence of an exemption, trading centers
generally would be required to prevent the execution of incoming orders
against their own displayed quotations with prices that could be only
$0.0001 away from a protected quotation displayed by another trading
center. The Commission does not believe that the very small economic
benefit to be gained by protecting such a quotation would justify the
practical difficulties faced by trading centers in operating their
trading systems efficiently.
    For the foregoing reasons, the Commission finds that granting an
exemption for Sub-Penny Trade-Throughs is necessary and appropriate in
the public interest, and is consistent with the protection of
investors.

IV. Conclusion

    It is hereby ordered, pursuant to Rule 611(d) of Regulation NMS,
that trading centers shall be exempt from the requirement in Rule
611(a) to establish, maintain, and enforce written policies and
procedures that are reasonably designed to prevent trade-throughs when:
(1) The price of the protected quotation that is traded through is
$1.00 or less; and (2) the price of the trade-through transaction is
less than $0.01 away from the price of the protected quotation that was
traded through.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\9\
Nancy M. Morris,
Secretary.
---------------------------------------------------------------------------

    \9\ 7 CFR 200.30-3(a)(82).
---------------------------------------------------------------------------

 [FR Doc. E6-18635 Filed 11-3-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 97 (Monday, May 20, 2013)]
[Notices]
[Page 29366]
[FR Doc No: 2013-11923]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. TS04-277-002]

Green Mountain Power Corporation

Notice of Filing

    Take notice that on May 2, 2013, Green Mountain Power Corporation
filed additional information in support of its request for continued
waiver of Standards of Conduct.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on June 3, 2013.

    Dated: May 14, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-11923 Filed 5-17-13; 8:45 am]
BILLING CODE 6717-01-P


PART 1915--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD
EMPLOYMENT

0
7. The authority citation for part 1915 is revised to read as follows:

    Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754); 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), 1-2012 (77 FR 3912), or 8-2020 (85 FR 58393); 29 CFR part
1911; and 5 U.S.C. 553, as applicable.

Subpart Z--Toxic and Hazardous Substances

0
8. Add Sec.  1915.1501 to subpart Z to read as follows:

Sec.  1915.1501  COVID-19.

    The requirements applicable to shipyard employment under this
section are identical to those set forth at 29 CFR 1910.501.

PART 1917--MARINE TERMINALS

0
9. The authority citation for part 1917 is revised to read as follows:

    Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), 1-2012 (77 FR 3912), or 8-2020 (85 FR 58393), as applicable;
and 29 CFR part 1911.
    Sections 1917.28 and 1917.31 also issued under 5 U.S.C. 553.
    Section 1917.29 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.

Subpart B--Marine Terminal Operations

0
10. Add Sec.  1917.31 to subpart B to read as follows:

Sec.  1917.31  COVID-19.

    The requirements applicable to marine terminal work under this
section are identical to those set forth at 29 CFR 1910.501.

PART 1918--SAFETY AND HEALTH REGULATIONS FOR LONGSHORING

0
11. The authority citation for part 1918 is revised to read as follows:

    Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), 1-2012 (77 FR 3912), or 8-2020 (85 FR 58393), as applicable;
and 29 CFR 1911.
    Sections 1918.90 and 1918.110 also issued under 5 U.S.C. 553.
    Section 1918.100 also issued under 49 U.S.C. 5101 et seq. and 5
U.S.C. 553.

0
12. Add subpart K to part 1918 to read as follows:

Subpart K--COVID-19.

Sec.
1918.107-1918.109 [Reserved]
1918.110 COVID-19.
1918.107 through 1918.109 [Reserved]

Sec.  1918.110  COVID-19.

    The requirements applicable to longshoring work under this section
are identical to those set forth at 29 CFR 1910.501.

PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION

0
13. The authority citation for part 1926 is revised to read as follows:

    Authority: 40 U.S.C. 3704; 29 U.S.C. 653, 655, and 657; and
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31159), 4-
2010 (75 FR 55355), 1-2012 (77 FR 3912), or 8-2020 (85 FR 58393), as
applicable; and 29 CFR part 1911.
    Sections 1926.58, 1926.59, 1926.60, and 1926.65 also issued
under 5 U.S.C. 553 and 29 CFR part 1911.
    Section 1926.61 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.
    Section 1926.62 also issued under sec. 1031, Public Law 102-550,
106 Stat. 3672 (42 U.S.C. 4853).
    Section 1926.65 also issued under sec. 126, Public Law 99-499,
100 Stat. 1614 (reprinted at 29 U.S.C.A. 655 Note) and 5 U.S.C. 553.

Subpart D--Occupational Health and Environmental Controls

0
14. Add Sec.  1926.58 to read as follows:

Sec.  1926.58  COVID-19.

    The requirements applicable to construction work under this section
are identical to those set forth at 29 CFR 1910.501 Subpart U.

PART 1928--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR AGRICULTURE

0
15. The authority citation for part 1928 is revised to read as follows:

    Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017),
5-2002 (67 FR 65008), 4-2010 (75 FR 55355), or 8-2020 (85 FR 58393),
as applicable; and 29 CFR 1911.
    Section 1928.21 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.

Subpart B--Applicability of Standards

0
16. Amend Sec.  1928.21 by adding paragraph (a)(8) to read as follows:

Sec.  1928.21  Applicable standards in 29 CFR part 1910.

    (a) * * *
    (8) COVID-19--Sec.  1910.501, but only with respect to--
    (i) Agricultural establishments where eleven (11) or more employees
are engaged on any given day in hand-labor operations in the field; and
    (ii) Agricultural establishments that maintain a temporary labor
camp, regardless of how many employees are engaged on any given day in
hand-labor operations in the field.
* * * * *
[FR Doc. 2021-23643 Filed 11-4-21; 8:45 am]
 BILLING CODE 4510-26-P