[Federal Register Volume 79, Number 203 (Tuesday, October 21, 2014)]
[Rules and Regulations]
[Pages 62859-62861]
[FR Doc No: 2014-24930]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2014-0183; FRL-9918-20-Region 8]

Approval and Promulgation of Implementation Plans; Wyoming;
Revisions to the Air Quality Standards and Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving changes to Wyoming's State Implementation
Plan (SIP). On February 10, 2014, the Wyoming Department of
Environmental Quality (WDEQ) submitted to EPA revisions to the Wyoming
SIP. These revisions included the removal of an exemption from Wyoming
Air Quality Standards and Regulations (WAQSR) Chapter 3, section 2(d).
In this action, EPA is approving the revision of this provision into
the SIP because the revision is consistent with Clean Air Act (CAA)
requirements. The revision will correct certain deficiencies related to
the treatment of excess emissions from sources. EPA will address the
remaining revisions from Wyoming's February 10, 2014 submission in a
separate action.

DATES: This final rule is effective November 20, 2014.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R08-OAR-2014-0183. All documents in the docket
are listed in the www.regulations.gov index. Although listed in the
index, some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the Air
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
St., Denver, Colorado 80202-1129. EPA requests that if at all possible,
you contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy of the docket. You may view the
hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m.,
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Adam Clark, U.S. Environmental
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street,
Denver, Colorado 80202-1129,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (iii) The initials IBR mean or refer to incorporation by reference.
    (iv) The initials SIP mean or refer to state implementation plan.
    (v) The initials SSM mean or refer to startup, shutdown, and
malfunction.
    (vi) The words State or Wyoming mean the State of Wyoming, unless
the context indicates otherwise.

    (vii) The initials WAQSR mean or refer to the Wyoming Air Quality
Standards and Regulations.
    (viii) The initials WDEQ mean or refer to the Wyoming Department of
Environmental Quality.

I. Background

    On February 10, 2014, WDEQ submitted to EPA a SIP revision to WAQSR
Chapter 3, section 2(d), as well as updates to the State's
incorporation by reference (IBR) of federal regulations. In a document
published on July 16, 2014, we proposed approval of the State's
revision to WAQSR Chapter 3, section 2(d); we did not propose to take
any action on the remaining updates in the State's February 10, 2014
submittal (79 FR 41509).
    In our proposed rule, we explained that, in accordance with the
requirements of CAA section 110(a)(2)(A), SIPs must contain enforceable
emission limitations and, in accordance with the definition of
``emission limitations'' in CAA section 302(k), such emission
limitations must be continuous. In addition, under CAA section 304(a),
any person may bring a civil action against any person alleged to have
violated (if there is evidence that the alleged violation has been
repeated) or to be in violation of an ``emission standard or
limitation'' under the CAA. For the purposes of section 304, ``emission
standard or limitation'' is defined in section 304(f) and includes SIP
emission limitations. Thus, SIP emission limitations can be enforced in
a section 304 action and so must be capable of enforcement. SIP
provisions that create exemptions such that excess emissions during
startup, shutdown, malfunctions (SSM) and other conditions are not
violations of the applicable emission limitations are inconsistent with
these fundamental requirements of the CAA with respect to emission
limitations in SIPs.
    For these reasons, we proposed approval of Wyoming's revision of
WAQSR Chapter 3, section 2(d). Previously, certain language in WAQSR
Chapter 3, section 2(d) created an exemption for particulate matter
emissions in excess of a 30 percent opacity standard from diesel
engines during startup, malfunction, and maintenance. Because this
provision allowed exemptions from the otherwise applicable SIP emission
limitation, it was inconsistent with CAA requirements. The State's
revision to section 2(d) addresses this deficiency by removing the
problematic language.
    This revision is sufficient to correct the inadequacies contained
within section 2(d) and is consistent with the requirements of the CAA.
As a result of the revision, the improper exemptions from emissions
limitations contained within section 2(d) will no longer be available
to sources. Therefore, the emissions limitation in section 2(d) will
become continuous and more enforceable.

II. Response to Comments

    The comment period for our July 16, 2014 document was open for 30
days. EPA received supportive comments on this proposed action from
both WDEQ and the Sierra Club. WDEQ also requested that EPA act on the
remainder of the February 10, 2014 submittal as expeditiously as
possible. EPA acknowledges these comments.

III. EPA's Final Action

    We are approving the State's revision to WAQSR Chapter 3, section
2(d) of the Wyoming SIP, as reflected in the State's February 10, 2014
submission. This approval effectively corrects the deficiency with this
provision of the Wyoming SIP, as discussed above, in our proposed rule,
and in EPA's February 22, 2013 proposed national SSM SIP Call (78 FR
12533). Based on this final approval, EPA notes that the deficiency in
the Wyoming SIP identified in the proposed SSM SIP call has now been
correctly resolved. Thus, EPA's final action on the SSM SIP call should
not need to address this deficiency. We are not taking action today on
the remainder of the February 10, 2014 submission.

IV. Statutory and Executive Orders Review

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999); is not an
economically significant regulatory action based on health or safety
risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and,
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 22, 2014. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time

within which a petition for judicial review may be filed, and shall not
postpone the effectiveness of such rule or action. This action may not
be challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Authority:  42 U.S.C. 7401 et seq.

    Dated: October 2, 2014.
Debra H. Thomas,
Acting Regional Administrator, Region 8.

    40 CFR part 52 is amended to read as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority for citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart ZZ--Wyoming

0
2. In Sec.  52.2620, the table titled ``State of Wyoming Regulations''
in paragraph (c)(1) is amended under Chapter 3 by revising the entry
for Section 2 to read as follows:

Sec.  52.2620  Identification of plan.

* * * * *
    (c) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
                                                             State
                                                          adopted and  EPA approval date
         State citation               Title/subject        effective    and citation \1\       Explanations
                                                              date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                    Chapter 3
----------------------------------------------------------------------------------------------------------------
Section 2......................  Emission standards for      9/12/13,  10/21/14, [insert
                                  particulate matter.        11/22/13   Federal Register
                                                                        citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision that is listed in this table, consult
  the Federal Register cited in this column for that particular provision.

* * * * *
[FR Doc. 2014-24930 Filed 10-20-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 24, 2007 (Volume 72, Number 205)]
[Notices]
[Page 60356]
[DOCID:fr24oc07-83]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of FERC Staff Attendance at Southwest Power Pool Board of
Directors/Members Committee Meeting and Southwest Power Pool Regional
State Committee Meeting

October 16, 2007.
    The Federal Energy Regulatory Commission hereby gives notice that
members of its staff may attend the meetings of the Southwest Power
Pool (SPP) Regional State Committee Board of Directors, SPP Members
Committee and SPP Board of Directors as noted below. Their attendance
is part of the Commission's ongoing outreach efforts.

SPP Regional State Committee Annual Meeting

October 29, 2007 (1 p.m.-5 p.m. CST), DoubleTree Hotel at Warren Place,
6110 South Yale Ave., Tulsa, OK 74136,<PHONE_NUMBER>.

SPP Board of Directors/Members Committee and Annual Meeting of the
Members

October 30, 2007 (8 a.m.-3 p.m. CST), DoubleTree Hotel at Warren Place,
6110 South Yale Ave., Tulsa, OK 74136,<PHONE_NUMBER>.

    The discussions may address matters at issue in the following
proceedings:

Docket No. ER05-799, Southwest Power Pool, Inc.
Docket No. ER05-526, Southwest Power Pool, Inc.
Docket No. EL06-83, Southwest Power Pool, Inc.
Docket No. ER06-448, Southwest Power Pool, Inc.
Docket No. ER06-451, Southwest Power Pool, Inc.
Docket No. ER06-767, Southwest Power Pool, Inc.
Docket Nos. ER06-1485 and ER07-266, Xcel Energy Services, Inc.
Docket No. EL06-71, Associated Electric Cooperative, Inc. v. Southwest
Power Pool.
Docket No. ER07-319, Southwest Power Pool, Inc.
Docket No. ER07-371, Southwest Power Pool, Inc.
Docket No. EL07-27, East Texas Electric Cooperative, Inc., et al. and
Docket No. ER07-396, Southwest Power Pool, Inc.
Docket No. ER07-643, Southwest Power Pool, Inc.
Docket No. ER07-1099, Southwest Power Pool, Inc.
Docket No. ER07-1311, Southwest Power Pool, Inc.
Docket No. ER07-1319, Southwest Power Pool, Inc.
Docket No. ER07-1320, Southwest Power Pool, Inc.
Docket No. ER07-1248, Southwest Power Pool, Inc.
Docket No. ER07-1417, Midwest Independent System Operator, Inc.
Docket No. EL07-87, Xcel Energy Services Inc. v. Southwest Power Pool,
Inc., John Deere Wind Energy.

    These meetings are open to the public.
    For more information, contact John Rogers, Office of Energy Markets
and Reliability, Federal Energy Regulatory Commission at<PHONE_NUMBER>
or<EMAIL_ADDRESS>
 Kimberly D. Bose,
Secretary.
[FR Doc. E7-20872 Filed 10-23-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 106 (Tuesday, June 3, 2014)]
[Notices]
[Page 31949]
[FR Doc No: 2014-12786]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-D-0126]

Compliance Policy Guide Regarding Food Facility Registration--
Human and Animal Food; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or we) is announcing the
availability of Compliance Policy Guide Sec. 100.250 Food Facility
Registration--Human and Animal Food (the CPG). The CPG provides
guidance for our staff on enforcement of food facility registration
requirements.

DATES: Submit either electronic or written comments on FDA's CPGs at
any time.

ADDRESSES: Submit written requests for single copies of the CPG to the
Office of Policy and Risk Management, Office of Regulatory Affairs,
Office of Global Regulatory Operations and Policy, Food and Drug
Administration, 12420 Parklawn Dr., Rockville, MD 20857. Send two self-
addressed adhesive labels to assist that office in processing your
request. See the SUPPLEMENTARY INFORMATION section for electronic
access to the CPG.
    Submit electronic comments on the CPG to http://www.regulations.gov. Submit written comments on the CPG to the Division
of Dockets Management (HFA-305), Food and Drug Administration, 5630
Fishers Lane, rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Mischelle B. Ledet, Center for Food
Safety and Applied Nutrition (HFS-615), Food and Drug Administration,
5100 Paint Branch Pkwy., College Park, MD 20740,<PHONE_NUMBER>; or Kim
R. Young, Center for Veterinary Medicine (HFV-230), Food and Drug
Administration, 7519 Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of Compliance Policy Guide Sec.
100.250 Food Facility Registration--Human and Animal Food. The CPG is
being issued consistent with FDA's good guidance practices regulation
(21 CFR 10.115). The CPG represents our current thinking on this topic.
It does not create or confer any rights for or on any person and does
not operate to bind FDA or the public. An alternate approach may be
used if such approach satisfies the requirements of the applicable
statutes and regulations.
    The CPG provides guidance for FDA staff regarding enforcement of
the food facility registration provisions of section 415 of the FD&C
Act (21 U.S.C. 350d), including the requirement that certain food
facilities register with FDA, the requirement that registered
facilities biennially renew their registrations with FDA, and FDA's
authority to suspend a food facility's registration. The CPG also
contains information that may be useful for the regulated industry and
to the public.
    In the Federal Register of April 4, 2013 (78 FR 20326), we made
available draft CPG Sec. 100.250 Food Facility Registration--Human and
Animal Food and gave interested parties an opportunity to submit
comments by May 6, 2013, for us to consider before beginning work on
the final version of the CPG. We received two comments on the draft
CPG. We are issuing the CPG with no substantive changes, but made
editorial changes for clarity.
    The CPG announced in this notice finalizes the draft CPG dated
April 2013. The CPG replaces CPG Sec. 110.300 Registration of Food
Facilities Under the Public Health Security and Bioterrorism
Preparedness and Response Act of 2002.

II. Comments

    Interested persons may submit either electronic comments regarding
the CPG to http://www.regulations.gov or written comments regarding the
CPG to the Division of Dockets Management (see ADDRESSES). It is only
necessary to send one set of comments. Identify comments with the
docket number found in brackets in the heading of this document.
Received comments may be seen in the Division of Dockets Management
between 9 a.m. and 4 p.m., Monday through Friday, and will be posted to
the docket at http://www.regulations.gov.

III. Electronic Access

    Persons with access to the Internet may obtain the CPG at either
http://www.fda.gov/ICECI/ComplianceManuals/CompliancePolicyGuidanceManual/default.htm or http://www.regulations.gov. Use the FDA Web site listed in the previous
sentence to find the most current version of the CPG.

    Dated: May 27, 2014.
Melinda K. Plaisier,
Associate Commissioner for Regulatory Affairs, Office of Regulatory
Affairs.
[FR Doc. 2014-12786 Filed 6-2-14; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)]
[Notices]
[Pages 12000-12001]
[FR Doc No: 2018-05428]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP18-95-000]

Notice of Application; ETG Acquisition Corp.

    Take notice that on February 28, 2018, ETG Acquisition Corp (ETG),
1 South Jersey Plaza, Folsom, NJ 08037, filed in Docket No. CP18-95-000
an application an application pursuant to section 7(f) of the Natural
Gas Act (NGA) requesting a service area determination within which ETG
may, without further Commission authorization, enlarge or expand its
facilities. ETG further requests that the Commission determine that ETG
is a local distribution company (LDC) for purposes of Section 311 of
the Natural Gas Policy Act (NGPA) and grant a waiver of all reporting
and accounting requirements, rules, and regulations that are normally
applicable to natural gas companies under the NGA and NGPA, all as more
fully described in the application which is on file with the Commission
and open to public inspection. The filing may also be viewed on the web
at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC at
[email protected] or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    Specifically, in Docket No. CP18-95-000, ETG requests a NGA Section
7(f) service area determination for its anticipated distribution
operations in western Warren County and northern Hunterdon County, New
Jersey and for an area immediately surrounding the Penn-Jersey pipeline
in Northampton County, Pennsylvania.
    Any questions regarding this application should be directed to
Melissa Orsen, South Jersey Industries, Inc., 1 South Jersey Plaza,
Folsom, New Jersey 08037 or call<PHONE_NUMBER>, or email:
[email protected].
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 7 copies of filings made in the proceeding with the Commission
and must mail a copy to the applicant and to every other party. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed

documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
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.
    Comment Date: 5:00 p.m. Eastern Time on April 2, 2018.

    Dated: March 12, 2018.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2018-05428 Filed 3-16-18; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)]
[Notices]
[Pages 50275-50276]
[FR Doc No: 2015-20498]

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 ENVIRONMENTAL PROTECTION AGENCY

[FRL-9932-66-OA]

Notification of Public Teleconferences of the Science Advisory
Board Radiation Advisory Committee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) Science Advisory
Board (SAB) Staff Office announces two public teleconferences of the
Radiation Advisory Committee (RAC) to receive a briefing about the
agency's Advance Notice of Proposed Rulemaking (ANPRM) to consider
revising the Environmental Radiation Protection Standards for Nuclear
Power Operations (40 CFR part 190).

DATES: The public teleconferences will be held from 12:00 p.m. to 5:00
p.m. (Eastern Time) on the following dates: November 10, 2015, and
November 13, 2015.

ADDRESSES: The teleconferences will be conducted by telephone only.

FOR FURTHER INFORMATION CONTACT: Any member of the public who wants
further information concerning these public teleconferences may contact
Mr. Edward Hanlon, Designated Federal Officer (DFO) for the Radiation
Advisory Committee, EPA Science Advisory Board Staff Office (1400R),
U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460; by telephone at<PHONE_NUMBER> or via email at
<EMAIL_ADDRESS>General information concerning the EPA SAB can
be found at http://www.epa.gov/sab.

SUPPLEMENTARY INFORMATION:
    Background: The SAB was established pursuant to the Environmental
Research, Development, and Demonstration Authorization Act (ERDDAA),
codified at 42 U.S.C. 4365, to provide independent scientific and
technical advice to the Administrator on the technical basis for Agency
positions and regulations. The SAB is a federal advisory committee
chartered under the Federal Advisory Committee Act (FACA), 5 U.S.C.,
App. 2. The SAB will comply with the provisions of FACA and all
appropriate SAB Staff Office

procedural policies. Pursuant to FACA and EPA policy, notice is hereby
given that the SAB Radiation Advisory Committee will hold two public
teleconferences to learn about the agency's ANPRM to consider revising
the Environmental Radiation Protection Standards for Nuclear Power
Operations (40 CFR part 190). The Committee will comply with the
provisions of FACA and all appropriate SAB Staff Office procedural
policies.
    EPA's Office of Air and Radiation requested an opportunity to brief
the SAB Radiation Advisory Committee on the agency's ANPRM to consider
revising the Environmental Radiation Protection Standards for Nuclear
Power Operations (40 CFR part 190), which was released for public
review and comment on February 4, 2014 (79 FR 6509). The briefing will
help to inform the Committee in preparation for a later consultation,
where the SAB will provide early advice for the agency's consideration
on technical issues associated with standards for radiation dose to the
public from normal operation of nuclear power plants and other uranium
fuel cycle facilities. The purpose of the teleconference on November
10, 2015 is for EPA to brief the Committee about the agency's ANPRM and
for the public to provide comments for the Committee's consideration
regarding the ANPRM. If all oral comments from registered public
speakers cannot be accommodated at the November 10, 2015
teleconference, an additional teleconference will be held on November
13, 2015 for that purpose. Additional information about this SAB
activity can be found at the following URL http://yosemite.epa.gov/sab/sabproduct.nsf/fedrgstr_activites/40%20CFR%20190?OpenDocument.
    Technical Contacts: Any technical questions concerning EPA's ANPRM
to consider revising the Environmental Radiation Protection Standards
for Nuclear Power Operations (40 CFR part 190) should be directed to
Mr. Brian Littleton in the EPA Office of Air and Radiation, by
telephone at<PHONE_NUMBER> or by email at<EMAIL_ADDRESS>    Availability of Teleconference Materials: Prior to the
teleconference, the agenda and other materials will be accessible
through the calendar link on the blue navigation bar at http://www.epa.gov/sab/. Materials may also be accessed at the URL provided
above.
    Procedures for Providing Public Input: Public comment for
consideration by EPA's federal advisory committees and panels has a
different purpose from public comment provided to EPA program offices.
Therefore, the process for submitting comments to a federal advisory
committee is different from the process used to submit comments to an
EPA program office. Federal advisory committees and panels, including
scientific advisory committees, provide independent advice to the EPA.
Interested members of the public may submit relevant information on the
topic of this advisory activity, and/or the group conducting the
activity, for the SAB to consider during the advisory process. Input
from the public to the SAB will have the most impact if it provides
specific scientific or technical information or analysis for SAB
committees and panels to consider or if it relates to the clarity or
accuracy of the technical information. Members of the public wishing to
provide comment should contact the DFO directly.
    Oral Statements: In general, individuals or groups requesting an
oral presentation at the teleconferences will be limited to three
minutes. Interested parties wishing to provide comments should contact
Mr. Hanlon, DFO, in writing (preferably via email) at the contact
information noted above by November 3, 2015, to be placed on the list
of public speakers for the teleconference. Written Statements: Written
statements will be accepted throughout the advisory process; however,
for timely consideration by Committee members, statements should be
supplied to the DFO (preferably via email) at the contact information
noted above by November 3, 2015. It is the SAB Staff Office general
policy to post written comments on the Web page for advisory meetings.
Submitters are requested to provide an unsigned version of each
document because the SAB Staff Office does not publish documents with
signatures on its Web sites. Members of the public should be aware that
their personal contact information, if included in any written
comments, may be posted to the SAB Web site. Copyrighted material will
not be posted without explicit permission of the copyright holder.
    Accessibility: For information on access or services for
individuals with disabilities, please contact Mr. Hanlon at the contact
information provided above. To request accommodation of a disability,
please contact Mr. Hanlon preferably at least ten days prior to the
teleconferences to give EPA as much time as possible to process your
request.

    Dated: August 7, 2015.
Thomas H. Brennan,
Deputy Director, EPA Science Advisory Board Staff Office.
[FR Doc. 2015-20498 Filed 8-18-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Notices]
[Pages 45568-45572]
[FR Doc No: 2015-18635]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75517; File No. SR-NASDAQ-2015-082]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of Proposed Rule Change To Introduce an Additional
Data Element to the IPO Indicator Service

July 24, 2015.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 15, 2015, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III, below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to introduce an additional data element to
its IPO Indicator Service. The text of the proposed rule change is
available on the Exchange's Web site at http://nasdaq.cchwallstreet.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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    Nasdaq is proposing to introduce an additional data element--to be
known as the ``IPO Book Viewer''--to its IPO Indicator Service, which
currently assists Nasdaq Participants in monitoring the Orders they
have entered for execution in the Nasdaq Halt Cross for an IPO. The
Nasdaq Halt Cross is an auction process designed to provide an orderly,
single-priced opening of securities subject to an intraday halt,
including securities that are the subject of an IPO. Prior to the
execution of the Nasdaq Halt Cross for an IPO (the ``IPO Cross''),
Participants enter Orders eligible for participation in the IPO Cross,
and Nasdaq disseminates certain information regarding buying and
selling interest entered and indicative execution price information,
with such information known collectively as the Net Order Imbalance
Indicator or ``NOII''. The NOII is disseminated every five seconds
during a period prior to the completion of the IPO Cross, in order to
provide Participants with information regarding the possible price and
volume of the IPO Cross execution. The NOII information includes, among
other things, the Current Reference Price,\3\ which is the price at
which the IPO Cross would occur if it executed at the time of the
NOII's dissemination. The IPO Indicator Service in turn provides a
Participant with information about the number of shares of its Orders
that would execute in the IPO Cross at the Current Reference Price.\4\
The IPO Cross executes and regular market trading commences in the IPO
security when the designated representative of the underwriting
syndicate for the IPO informs Nasdaq that the IPO security is ready to
commence trading and the parameters of the IPO Cross pass validation
checks pertaining to the price of the execution and the execution of
all entered market Orders.\5\ The representative of the underwriting
syndicate that serves this function--usually the lead underwriter--also
serves as the stabilizing agent for the IPO.
---------------------------------------------------------------------------

    \3\ See Rule 4753(a)(3)(A).
    \4\ The IPO Indicator Service is available either as a feature
of the Nasdaq Workstation poduct, or through a standalone product
known as the Nasdaq IPO Workstation. See Rule 7015.
    \5\ See Rule 4120(c)(8).
---------------------------------------------------------------------------

    Following the execution of the IPO Cross, the stabilizing agent
engages in permissible ``stabilizing'', as defined in Rule 100 under
SEC Regulation M,\6\ for the IPO. As provided by Rule 104 under
Regulation M,\7\ stabilizing of an offering is permitted only to the
extent that the person engaging in the activity complies with
limitations described in that rule. These limitations include a
requirement that stabilizing must be solely for the purpose of
preventing or retarding a

decline in the market price of the security, limitations on the maximum
price of a stabilizing bid, and a requirement that a syndicate engaging
in an offering maintain no more than one stabilizing bid at the same
price and time in a given market.
---------------------------------------------------------------------------

    \6\ 17 CFR 242.100.
    \7\ 17 CFR 242.104.
---------------------------------------------------------------------------

    As discussed above, the stabilizing agent has responsibility for
monitoring the submission of buying and selling interest into the IPO
Cross and informing Nasdaq when the IPO security is ready to initiate
trading. In addition, following the completion of the IPO Cross, the
stabilizing agent may enter a stabilizing bid into the market for the
purpose of supporting the price of the IPO security during the
remainder of its first day of trading. Thus, the stabilizing agent
stands ready during the course of the day to commit its capital in
support of the IPO security, buying from investors that wish to sell
the IPO security to realize short-term gains (or to minimize short-term
losses). The stabilizing agent thereby serves to dampen volatility in
the IPO security and promote the maintenance of a fair and orderly
market. Because the function performed by the stabilizing agent is
unique on the day of the IPO, Nasdaq has concluded that providing
additional information about pre-opening interest in the stock to the
stabilizing agent will help it to optimize the opening of the stock and
manage its own risk, thereby assisting it in promoting a fair and
orderly market for the IPO security. Accordingly, Nasdaq is proposing
to introduce the IPO Book Viewer, a specialized data product that will
be made available solely to the stabilizing agent.
    Access to the IPO Book Viewer data element will be limited through
a secure entitlement process to designated individuals employed by the
stabilizing agent. On the day of an IPO, beginning with the start of
the Display-Only Period described in Nasdaq Rule 4120 and ending upon
the completion of the IPO Cross for an IPO security, the IPO Book
Viewer will display aggregated buying and selling interest information
for the IPO security, reflecting all Orders on the Nasdaq Book, and
consisting of the total number of Orders and the aggregate size of all
Orders, grouped in $0.05, $0.10, or $0.25 price increments. The pricing
increments may be adjusted by the stabilizing agent during the period
that the IPO Book Viewer is available.\8\ Thus, for example, if the IPO
Book Viewer was configured to show $0.05 increments and the Nasdaq Book
had 100 Orders to buy with a size of 200 shares each at each price from
$39.99 to $39.95; and 100 Orders to buy with a size of 100 shares each
at each price from $39.94 to $39.90, the IPO Book Viewer would show 500
Orders with an aggregate size of 100,000 shares for the $39.99 to
$39.95 price band; and 500 Orders with an aggregate size of 50,000
shares for the $39.94 to $39.90 price band. The IPO Book Viewer would
also show comparable information with respect to Orders to sell. The
aggregated information provided through this data element would include
all Orders and Size, including Orders with a Time-in-Force of Immediate
or Cancel (i.e., Orders designated to execute in the IPO Cross, if
possible, or to cancel if not); Orders with Reserve Size; and Non-
Displayed Orders. The placement of the price bands will be
standardized, beginning at $0. Thus, for example, a user selecting
$0.05 increments would always see Orders priced from $20.00 to $20.04
and from $20.05 to $20.09, but could not modify the starting point of
the price band to see Orders priced from $20.01 to $20.05. Information
provided through the IPO Book Viewer will be updated every five
seconds, along with updates to the NOII.
---------------------------------------------------------------------------

    \8\ However, the stabilizing agent cannot view multiple
increments at the same time. For example, the viewer could view all
$0.05 increments or all $0.25 increments, but could not view a $0.05
increment for prices near the NOII and wider increments for prices
further away.
---------------------------------------------------------------------------

    The IPO Book Viewer will provide no information other than that
described above, unless Nasdaq submits a proposed rule change to add
additional data to it. In particular, the IPO Book Viewer will not
provide any information regarding IOC or Non-Displayed Orders or
Reserve Size other than in the aggregated format described above, and
will not provide any information regarding the identity of Participants
posting Orders.
    Nasdaq believes that providing this information to the stabilizing
agent will provide the stabilizing agent with insights into the scope
of demand for, and supply of, the IPO Security, in a manner that will
allow it to make more informed decisions about the appropriate time to
initiate the opening of the IPO security through the IPO Cross. In
addition, the information will allow the stabilizing agent to respond
in a more informed way to questions from its customers and other
participants regarding expectations that an Order to buy or sell with a
stated price and size may be executable in the IPO Cross. Finally, the
information will assist the stabilizing agent in making decisions about
the appropriate level of capital to commit to support the IPO security
once trading commences.
    Once the IPO Cross executes, the IPO Book Viewer will cease to be
available, both with respect to the state of the Nasdaq Book during the
continuous market and with respect to retrospective information about
the state of the Nasdaq Book leading up to the IPO Cross. Thus, the
stabilizing agent will not be provided with any information not
available to other market participants once continuous market trading
in the IPO security commences.
    Nasdaq believes that providing the information contained in the IPO
Book Viewer is not a novel proposal, but rather is similar to
established New York Stock Exchange (``NYSE'') practices with respect
to the flow of information to market participants during an IPO.
Currently, as provided in NYSE Rule 104, the Designated Market Maker
(``DMM'') for a security has access to aggregated and order-specific
information about securities for which it is the DMM, not only in the
process of opening an IPO but at all times throughout the day of an IPO
and on subsequent days. Moreover, the DMM is permitted to share this
information with floor brokers; such sharing is subject to no
restriction with respect to aggregated information, while the sharing
of order-specific information must be made ``in response to a specific
request.'' When an IPO is being conducted at NYSE, the DMM therefore
has access to aggregated order book information and is free to share it
with the floor broker for the firm acting as stabilizing agent for the
IPO. Using this information, the DMM and the stabilizing agent
collaborate to determine when the IPO security should commence trading;
the stabilizing agent may use the information to respond to requests
from its customers and others regarding expectations about the
commencement of trading; and the stabilizing agent may use the
information to inform decisions about committing capital in support of
the IPO security. In fact, information from the DMM remains available
not only prior to the commencement of trading, but throughout the
trading day.
    While Nasdaq's market structure differs in significant respects
from NYSE's, Nasdaq believes that the IPO Book Viewer will allow it to
provide benefits to stabilizing agents for IPOs conducted on Nasdaq
comparable to those provided for IPOs on NYSE, without altering the
competing market maker model that Nasdaq employs. In the time before
its IPO Cross, Nasdaq possesses order book information comparable to
the information transmitted by NYSE to a DMM prior to the commencement
of trading in an IPO security on NYSE. Thus, the IPO Book Viewer will
allow Nasdaq to share with the stabilizing agent information that is

comparable to the information shared by NYSE with the DMM and by the
DMM with the stabilizing agent for a NYSE IPO.
    In approving NYSE Rule 104 in its current form, the Commission did
not express any concerns regarding the availability of aggregated order
information of the sort that would be provided through the IPO Book
Viewer; rather, the Commission analyzed the potential for abuse
associated with the DMM sharing disaggregated order information,
because some of this order-specific information was available solely to
the DMM.\9\ Because Nasdaq is not proposing that the IPO Book Viewer
will contain any disaggregated order information, the concerns
analyzed, and ultimately resolved in favor of the NYSE, by the
Commission are simply not present in the case of the IPO Book Viewer.
---------------------------------------------------------------------------

    \9\ Securities Exchange Act Release No. 71175 (December 23,
2013), 78 FR 79534 (December 30, 2013) (SR-NYSE-2013-21; SR-NYSEMKT-
2013-25).
---------------------------------------------------------------------------

    Nevertheless, since the aggregated information provided through the
IPO Book Viewer is unique and directly available only to the
stabilizing agent, Nasdaq believes that it is appropriate to adopt
safeguards in order to ensure that the aggregated information is not
misused. Accordingly, Nasdaq's proposed rule will require the
stabilizing agent receiving the IPO Book Viewer to maintain and enforce
written policies and procedures reasonably designed to achieve the
following purposes:
     Restrict electronic access \10\ to aggregated information
only to associated persons of the stabilizing agent who need to know
the information in connection with establishing the opening price of an
IPO security and stabilizing the IPO security;
---------------------------------------------------------------------------

    \10\ As discussed below, electronic access to the IPO Book
Viewer will be available on a displayed basis only.
---------------------------------------------------------------------------

     Except as may be required for purposes of maintaining
books and records for regulatory purposes,\11\ prevent the retention of
aggregated information following the completion of the IPO Cross for
the IPO security; and
---------------------------------------------------------------------------

    \11\ See, e.g., SEC Rule 17a-4(a)(4), 17 CFR 240.17a-4(a)(4).
---------------------------------------------------------------------------

     Prevent persons with access to aggregated information from
engaging in transactions in the IPO security other than transactions in
the IPO Cross; transactions on behalf of a customer; or stabilizing.
Thus, for example, the stabilizing agent or its affiliates would not be
permitted to use the information to engage in proprietary trading other
than in support of bona fide stabilizing activity.
    However, for the avoidance of doubt regarding appropriate uses of
the aggregated information, the proposed rule will also provide that
nothing contained in the rule shall be construed to prohibit the member
acting as the stabilizing agent from (i) engaging in stabilizing
consistent with that role, or (ii) using the information provided from
the IPO Book Viewer to respond to inquiries from any person, including,
without limitation, other members, customers, or associated persons of
the stabilizing agent, regarding the expectations of the member acting
as the stabilizing agent with regard to the possibility of executing
stated quantities of an IPO security at stated prices in the IPO Cross.
Nasdaq believes that these permitted uses are entirely consistent with
established practices at NYSE, under which the DMM may display
aggregated and certain unique, order-specific disaggregated information
to the floor broker acting as stabilizing agent, who is then free to
discuss this information with other members, customers, and associated
persons of the stabilizing agent.
    The aggregated information provided through the IPO Book Viewer
will be available solely for display on the screen of a computer for
which an entitlement has been provided by Nasdaq. Under no
circumstances may a member redirect aggregated information to another
computer or reconfigure it for use in a non-displayed format,
including, without limitation, in any trading algorithm. If a member
becomes aware of any violation of the restrictions contained in the
proposed rule, it must report the violation promptly to Nasdaq.
    The IPO Indicator Service is currently provided free of charge
through the IPO Workstation, and at no additional charge to users of
the Nasdaq Workstation. Although Nasdaq may, in the future, institute a
charge for the IPO Indicator Service, it is not proposing a fee at this
time. Accordingly, the additional IPO Book Viewer element would
likewise be provided free of charge at this time. The proposed rule
change also adds to Rule 7015 definitions of ``IPO security'',
``stabilizing'', ``stabilizing agent'', ``IPO Indicator Service'', and
``IPO Book Viewer''. The added definitions are intended to promote a
clear understanding of the rule text by delineating the products
addressed by the rule and the scope of activities to which they
pertain.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of section 6 of the Act,\12\ in general, and with
section 6(b)(5) of the Act \13\ in particular, in that the proposal is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, 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. Nasdaq
further believes that the introduction of the IPO Book Viewer element
without a fee at this time is consistent with sections 6(b)(4) and (5)
of the Act,\14\ in that it provides for the equitable allocation of
reasonable dues, fees and other charges among recipients of Nasdaq data
and is not designed to permit unfair discrimination between them.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f.
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ 15 U.S.C. 78f(b)(4), (5).
---------------------------------------------------------------------------

    Nasdaq believes that the proposed rule change will promote the
goals of the Act by assisting the stabilizing agent for an IPO security
in promoting a fair and orderly market. Specifically, by providing
unique, aggregated information concerning all Orders on the Nasdaq Book
prior to the commencement of an IPO Cross, the IPO Book Viewer will
give the stabilizing agent information that will assist it in achieving
a range of goals. Specifically, by being able to share aggregated
information with other members and customers, the stabilizing agent
will enable greater participation in the IPO Cross because it will be
able to provide more certain information about the ability of investors
to execute Orders at particular sizes and prices. Moreover, being able
to compare information about potential interest in participating in the
IPO Cross with more detailed information about the state of the Nasdaq
Book will enable the stabilizing agent to determine with more certainty
the appropriate time to allow the IPO Cross to execute. Finally, having
greater knowledge about the range of trading interest in the Nasdaq
Book prior to the execution of the IPO Cross will enable the
stabilizing agent to make more informed decisions about the extent of
capital it may need to commit after the commencement of trading in
order to stabilize the price of the IPO security

and thereby dampen volatility that might undermine investor confidence.
    Nasdaq further believes that the restrictions it proposes to impose
on the use of the IPO Book Viewer will protect against possible misuse
of the provided information. Notably, the information will be provided
only prior to the completion of the IPO Cross and may not be retained
thereafter, except to the extent necessary for record-retention
purposes. The information will be disseminated in a display format only
and may not be redirected or reconfigured for non-display usage (such
as usage by a trading algorithm). Moreover, electronic access to the
information will be available only to certain designated individuals
with a role in conducting stabilizing activities, and persons with
access may not engage in transactions other than stabilizing or
transactions in the IPO Cross or on behalf of a customer. Although the
Commission has not expressed any concerns about the availability of
aggregated information to DMMs and floor brokers (including stabilizing
agents) with whom they share such information, Nasdaq believes that the
safeguards it proposes around the use of such aggregated information by
its members will provide added assurance to members and the investing
public that the IPO Book Viewer will not be misused.
    Finally, Nasdaq notes that although the IPO Book Viewer will be
available only to stabilizing agents, this limitation is consistent
with the protection of investors because the stabilizing agent plays a
unique role on the day of an IPO because it must decide when the IPO
security should commence trading and must commit capital in support of
the IPO security once trading begins. Because the IPO Book Viewer will
assist the stabilizing agent in performing these functions, which are
performed by no other broker, Nasdaq believes that it is reasonable to
limit access to the IPO Book Viewer to the stabilizing agent. Moreover,
because the IPO Book Viewer will cease to be available once regular
trading in the IPO security commences and the information provided
therein will quickly become stale, Nasdaq does not believe that access
to the information will provide the stabilizing agent with any unfair
advantage.
    Nasdaq believes that the proposal to add certain defined terms to
Rule 7015 is consistent with the Act because the definitions are
intended to promote a clear understanding of the rule text by
delineating the products addressed by the rule and the scope of
activities to which they pertain. Nasdaq further believes that the
proposal to make the IPO Book Viewer available to eligible recipients
at no additional charge is reasonable because it will not result in any
increase in the costs incurred by a stabilizing agent to receive the
additional information. Nasdaq further believes that the proposal is
consistent with an equitable allocation of fees and not unfairly
discriminatory because additional information is being provided to a
limited group of potential users in order to assist in the promotion of
fair and orderly markets during an IPO. Accordingly, the absence of an
additional fee is designed to encourage eligible members to accept the
information in order to ensure that the goals of the proposal are
advanced to the greatest extent possible.

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. In fact, Nasdaq believes
that the proposal will help to redress an anti-competitive disparity
that exists at present due to the availability of order book
information to stabilizing agents conducting IPOs on NYSE through the
DMM. Given that the proposal will result in a stabilizing agent on
Nasdaq receiving less information than is available on NYSE, and that
the usage of the information will be subject to greater restrictions,
Nasdaq does not believe that there can be any reasonable objection to
the proposal on competitive grounds.

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

    No written comments were either solicited or received.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission shall: (a) By order approve
or disapprove such 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-NASDAQ-2015-082 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2015-082. 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 such filing also will be available
for inspection and copying at the principal offices 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-NASDAQ-2015-
082, and should be submitted on or before August 20, 2015.

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

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-18635 Filed 7-29-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: March 3, 2009 (Volume 74, Number 40)]
[Notices]
[Page 9247-9249]
[DOCID:fr03mr09-59]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0606]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Export of Food and
Drug Administration Regulated Products: Export Certificates

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

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

DATES: Fax written comments on the collection of information by April
2, 2009.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or e-mailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0498.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of Information
Management (HFA-710), Food and Drug Administration, 5600 Fishers Lane,
Rockville, MD 20857,<PHONE_NUMBER>.

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

Export of Food and Drug Administration Regulated Products: Export
Certificates (OMB Control Number 0910-0498)--Extension

    In April 1996 a law entitled ``The FDA Export Reform & Enhancement
Act of 1996'' (FDAERA) amended sections 801(e) and 802 of the act (21
U.S.C. 381(e) and 382). It was designed to ease restrictions on
exportation of unapproved pharmaceuticals, biologics, and devices
regulated by FDA. Section 801(e)(4) of the FDAERA provides that persons
exporting certain FDA-regulated products may request FDA to certify
that the products meet the requirements of 801(e) or 802 or other
requirements of the act. This section of the law requires FDA to issue
certification within 20 days of receipt of the request and to charge
firms up to $175.00 for the certifications.
    This new section of the act authorizes FDA to issue export
certificates for regulated pharmaceuticals, biologics, and devices that
are legally marketed in the United States, as well as for these same
products that are not legally marketed but are acceptable to the
importing country, as specified in sections 801(e) and 802 of the act.
FDA has developed five types of certificates that satisfy the
requirements of section 801(e)(4)(B) of the act: (1) Certificates to
Foreign Governments, (2) Certificates of Exportability, (3)
Certificates of a Pharmaceutical Product, (4) Non-Clinical Research Use
Only Certificates, and (5) Certificates of Free Sale. Table 1 of this
document lists the different certificates and details their use:

                                Table 1.
------------------------------------------------------------------------
        Type of Certificate                          Use
------------------------------------------------------------------------
``Supplementary Information          For the export of products legally
 Certificate to Foreign Government    marketed in the United States
 Requests''
``Exporter's Certification
 Statement Certificate to Foreign
 Government''
``Exporter's Certification
 Statement Certificate to Foreign
 Government (For Human Tissue
 Intended for Transplantation)''
------------------------------------------------------------------------
``Supplementary Information          For the export of products not
 Certificate of Exportability         approved for marketing in the
 Requests''                           United States (unapproved
``Exporter's Certification            products) that meet the
 Statement Certificate of             requirements of sections 801(e) or
 Exportability''                      802 of the act
------------------------------------------------------------------------
``Supplementary Information          Conforms to the format established
 Certificate of a Pharmaceutical      by the World Health Organization
 Product''                            and is intended for use by the
``Exporter's Certification            importing country when the product
 Statement Certificate of a           in question is under consideration
 Pharmaceutical Product''             for a product license that will
                                      authorize its importation and sale
                                      or for renewal, extension,
                                      amending, or reviewing a license
------------------------------------------------------------------------
``Supplementary Information Non-     For the export of a non-clinical
 Clinical Research Use Only           research use only product,
 Certificate''                        material, or component that is not
``Exporter's Certification            intended for human use which may
 Statement Non-Clinical Research      be marketed in, and legally
 Use Only''                           exported from the United States
                                      under the act
------------------------------------------------------------------------
Certificates of Free Sale            For food, cosmetic products, and
                                      dietary supplements that may be
                                      legally marketed in the United
                                      States
------------------------------------------------------------------------

    FDA will continue to rely on self-certification by manufacturers
for the first three types of certificates listed in table 1 of this
document. Manufacturers are requested to self-certify that they are in
compliance with all applicable requirements of the act, not only at the
time that they submit their request to the appropriate center, but also
at the time that they submit the certification to the foreign
government.
    The appropriate FDA centers will review product information
submitted by firms in support of their certificate and any suspected
case of fraud will be referred to FDA's Office of Criminal
Investigations for follow-up. Making or submitting to FDA false
statements on any documents may constitute violations of 18 U.S.C.
1001, with penalties including up to $250,000 in fines and up to 5
years imprisonment.
    In the Federal Register of December 17, 2008 (73 FR 76655), FDA
published a 60-day notice requesting public comment on the information
collection provisions. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                              Table 2.--Total Estimated Annual Reporting Burden\1\
----------------------------------------------------------------------------------------------------------------
                      No. of         Annual Frequency       Total Annual        Hours per
  FDA Center       Respondents         per Response          Responses           Response         Total Hours
----------------------------------------------------------------------------------------------------------------
Center for                  1,501                     1              1,501                  1              1,501
 Biologics
 Evaluation
 and Research
----------------------------------------------------------------------------------------------------------------
Center for                  7,046                     1              7,046                  1              7,046
 Drug
 Evaluation
 and Research
----------------------------------------------------------------------------------------------------------------
Center for                  6,091                     1              6,091                  2             12,182
 Devices and
 Radiological
 Health
----------------------------------------------------------------------------------------------------------------
Center for                    664                     1                664                  1                664
 Veterinary
 Medicine
----------------------------------------------------------------------------------------------------------------

Center for                  1,794                     5              8,970                  2             17,940
 Food Safety
 and Applied
 Nutrition
----------------------------------------------------------------------------------------------------------------
Total                      14,853  ....................             24,272  .................             39,333
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    The burden estimates were averaged based on the approximate number
of requests for certificates the agency received over the past 3 years.
The burden estimate for the Center for Drug Evaluation and Research was
increased to reflect a more accurate average number of requests for
certificates.

    Dated: February 23, 2009.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E9-4457 Filed 3-2-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 83, Number 192 (Wednesday, October 3, 2018)]
[Notices]
[Pages 49979-49980]
[FR Doc No: 2018-21540]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket Number NHTSA-2018-0060]

Reports, Forms, and Record Keeping Requirements, Agency
Information Collection Activity Under OMB Review

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this
notice announces that the Information Collection Request (ICR)
abstracted below is being forwarded to the Office of Management and
Budget (OMB) for review and comments. The ICR describes the nature of
the information collection and its expected burden. A Federal Register
Notice with a 60-day comment period soliciting public comments on the
following information collection was published on July 17, 2018. This
notice addresses comments received.

DATES: Written comments should be submitted on or before November 2,
2018.

ADDRESSES: Send comments to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725 17th Street NW,
Washington, DC 20503, Attention: NHTSA Desk Officer.

FOR FURTHER INFORMATION CONTACT: For additional information or access
to background documents, contact Mary Byrd, Office of Behavioral
Safety, National Highway Traffic Safety Administration, 1200 New Jersey
Avenue SE, W46-466, Washington, DC 20590; telephone:<PHONE_NUMBER>;
email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Information Collection Request

    Before a Federal agency can collect certain information from the
public, it must receive approval from the Office of Management and
Budget (OMB). In compliance with these requirements, this notice
announces that the following information collection request has been
forwarded to OMB.
    OMB Control Number: To be issued at time of approval.
    Title: Emergency Medical Services Sleep Health and Fatigue
Education.
    Form Numbers: NHTSA Forms 1460, 1461, 1462, 1463, 1464, 1465, 1466,
and 1467.
    Type of Review: New information collection.
    Abstract: NHTSA proposes to collect information from Emergency
Medical Services (EMS) personnel who operate ambulances on the roadway
for a one-time voluntary study to evaluate the effectiveness of a
fatigue mitigation intervention that delivers education and training.
Up to 200 EMS agencies across the United States will be contacted and
screened in order to recruit a total of 30 agencies to participate in
the study. NHTSA anticipates contacting up to 100 EMS personnel per
participating agency (3,000 total) to screen and recruit 1,500 eligible
participants for the study. NHTSA expects 1,200 voluntary participants
to complete the sign-up process, including providing demographic
information and shift schedules, and to consent to participate in the
24-week study. Participants will complete a baseline survey that
includes self-reported fatigue and sleepiness and will retake the
survey halfway through the study and again at the end of the study. All
participants will complete the ten ten-minute training modules during
the study period. Once the study is underway, participants will be
asked to respond to daily text messages about sleepiness and fatigue
for eight weeks of the 24-week study. Finally, NHTSA will ask 30 of the
1,200 participants to provide additional information by keeping a daily
sleep diary for eight weeks and by taking a brief vigilance task test
to measure fatigue at the beginning and end of each shift over eight
days.
    Respondents: NHTSA anticipates contacting up to 3,000 EMS personnel
across 30 participating agencies to recruit up to 1,200 voluntary
respondents.
    Estimated Total Annual Burden: The total estimated burden for EMS
agency recruitment (17 hours), recruitment of EMS clinicians (250
hours), the consenting process (250 hours), initial data collection and
training (2,900), follow-up data collection (6,600), and additional
data collection for assessing measurement error (124) is 10,141 hours.

II. Comment Response

    On July 14th, 2018, NHTSA published a notice in the Federal
Register (NHTSA-2018-0060) with a 60-day public comment period to
announce this proposed information collection. As of the closing date
of September 17th, 2018, two comments were received in response to this
notice.
    Both comments were positive and supportive of this information
collection request.

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended; and 49 CFR 1.95.

    Issued in Washington, DC on September 28, 2018.
Jeff Michael,
Associate Administrator, Research and Program Development.
[FR Doc. 2018-21540 Filed 10-2-18; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register Volume 77, Number 165 (Friday, August 24, 2012)]
[Rules and Regulations]
[Pages 51470-51471]
[FR Doc No: 2012-20829]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0746]

Drawbridge Operation Regulations; Gulf Intracoastal Waterway, St.
Petersburg/Tampa, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviations from regulations.

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

SUMMARY: The Coast Guard has issued temporary deviations from the
operating schedules that govern seven bridges in St. Petersburg and
Tampa, Florida. The deviations are necessary to allow for the safe
transportation of officials and participants to the Republican National
Convention (RNC). These deviations will result in the seven bridges
remaining in the closed position for the time periods listed. This
temporary deviation affects the following bridges: The Walsingham Road/
Indian Rocks Beach (CR 688) Bridge; the Park Boulevard (CR 694) Bridge;
the Welch/Tom Stuart Causeway/150th Avenue Bridge; the Treasure Island
Causeway Bridge; the Corey Causeway/Pasadena Avenue Bridge; the
Pinellas Bayway Structure ``C'' (SR 679) Bridge; and Johns Pass Bridge.

DATES: These deviations are effective from 3 p.m. on August 26, 2012
through 7 p.m. on August 30, 2012.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2012-0746 and are available online
by going to http://www.regulations.gov, inserting USCG-2012-0746 in the
``Keyword'' box and then clicking ``Search''. They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Michael Lieberum, Seventh District Bridge Branch, Coast
Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If
you have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Coast Guard Sector St Petersburg, FL has
requested temporary modifications to the operating schedules of seven
bridges in St. Petersburg and Tampa, FL. Unrestricted vehicle access on
these bridges during peak traffic periods is necessary to ensure the
security and safety of delegates and officials at the RNC. Bridge
openings during the listed times could disrupt or endanger the safe
transit of officials and delegates between their hotels and the site of
the RNC. Numerous Federal, State, and local agencies, including U.S.
Secret Service, Federal Bureau of Investigation, Customs and Border
Protection, U.S. Coast Guard, and the Joint Terrorism Task Force have
developed comprehensive security plans to protect participants and the
public during the RNC. As part of the comprehensive effort, these
bridge deviations are necessary for the security and safety of
delegates, officials, and participants for the 2012 Republican National
Convention.
    The seven bridges affected by this temporary deviation are: the
Walsingham Road/Indian Rocks Beach (CR 688) Bridge; the Park Boulevard
(CR 694) Bridge; the Welch/Tom Stuart Causeway/150th Avenue Bridge; the
Treasure Island Causeway Bridge; the Corey Causeway/Pasadena Avenue
Bridge; the Pinellas Bayway Structure ``C'' (SR 679) Bridge; and Johns
Pass Bridge across Johns Pass, Madeira Beach, Florida.
    These deviations will result in these seven bridges remaining in
the closed position at certain times during the RNC from August 26,
2012, through August 30, 2012. The temporary deviations will close
these bridges during the following periods: from 3:30 p.m. through 7:30
p.m. on August 26, 2012; 11 a.m. to 2 p.m. and 3:30 p.m. to 6:30 p.m.
on August 27, 2012; 3:30 p.m. to 6:30 p.m. on August 28, 2012; 3:30
p.m. to 6:30 p.m. on August 29, 2012; and from 3:30 p.m. to 6:30 p.m.
on August 30, 2012. Tugs and tugs with tows are not exempt from this
deviation.
    The details and regular operating schedule for each bridge are set
forth below.
    1. Walsingham Road/Indian Rocks Beach (CR 688) Bridge, mile 128.2.
The normal operating schedule for the Walsingham Road/Indian Rocks
Beach (CR 688) Bridge is set forth in 33 CFR 117.5. 33 CFR 117.5
requires the bridge to open promptly and fully for the passage of
vessels when a request or signal to open is given in accordance with
this subpart. This bascule bridge has a vertical clearance of 21 feet
in the closed position. Vessels are permitted to transit under this
bridge in the closed position.
    2. Park Boulevard (CR 694) Bridge, mile 126.0. The normal operating
schedule for the Park Boulevard Bridge is set forth in 33 CFR 117.5. 33
CFR 117.5 requires the bridge to open promptly and fully for the
passage of vessels when a request or signal to open is given in
accordance with this subpart. This bascule bridge has a vertical
clearance of 20 feet in the closed position. Vessels are permitted to
transit under this bridge in the closed position.
    3. Welch/Tom Stuart Causeway/150th Avenue Bridge, mile 122.8. The
normal operating schedule for the Welch/Tom Stuart Causeway/150th
Avenue Bridge is set forth in 33 CFR 117.287(h). 33 CFR 117.287(h)
requires the bridge to open on signal, except that from 9:30 a.m. to 6
p.m. on Saturdays, Sundays, and Federal holidays, the draw need be
opened only on the hour, 20 minutes after the hour and 40 minutes after
the hour. This bascule bridge has a vertical clearance of 25 feet in
the closed position. Vessels are permitted to transit under this bridge
in the closed position.
    4. Treasure Island Causeway Bridge, mile 119.0. The normal
operating schedule for the Treasure Island Causeway Bridge is set forth
in 33 CFR 117.5. 33 CFR 117.5 requires the bridge to open promptly and
fully for the

passage of vessels when a request or signal to open is given in
accordance with this subpart. This bascule bridge has a vertical
clearance of 21 feet in the closed position. Vessels are permitted to
transit under this bridge in the closed position.
    5. Corey Causeway/Pasadena Avenue Bridge, mile 117.7. The normal
operating schedule for the Corey Causeway/Pasadena Avenue Bridge is set
forth in 33 CFR 117.287(f). 33 CFR 117.287(f) requires the bridge to
open on signal, except that from 8 a.m. to 7 p.m. Monday through Friday
and 10 a.m. to 7 p.m. on Saturdays, Sundays, and Federal holidays, the
draw need be opened only on the hour, 20 minutes after the hour and 40
minutes after the hour. This bascule bridge has a vertical clearance of
23 feet in the closed position. Vessels are permitted to transit under
this bridge in the closed position.
    6. Pinellas Bayway Structure ``C'' (SR 679) Bridge, mile 114.0. The
normal operating schedule for the Pinellas Bayway Structure ``C'' (SR
679) Bridge is set forth in 33 CFR 117.287(e). 33 CFR 117.287(e)
requires the bridge to open on signal, except that from 7 a.m. to 7
p.m., the draw need open only on the hour, 20 minutes after the hour
and 40 minutes after the hour. This bascule bridge has a vertical
clearance of 25 feet in the closed position. Vessels are permitted to
transit under this bridge in the closed position.
    7. Johns Pass Bridge, mile 1.0. The normal operating schedule for
the Johns Pass Bridge is set forth in 33 CFR 117.5. 33 CFR 117.5
requires the bridge to open promptly and fully for the passage of
vessels when a request or signal to open is given in accordance with
this subpart. This bascule bridge has a vertical clearance of 28 feet
in the closed position. Vessels are permitted to transit under this
bridge in the closed position.
    Any vessel requiring emergency opening of any of these seven
bridges should make a request to the Captain of the Port St. Petersburg
by telephone at<PHONE_NUMBER>.
    In accordance with 33 CFR 117.35(e), these drawbridges must return
to their regular operating schedules immediately at the end of the
designated time period. These deviations from the operating regulations
are authorized under 33 CFR 117.35.

    Dated: August 15, 2012.
B.L. Dragon,
Bridge Program Director, Seventh Coast Guard District.
[FR Doc. 2012-20829 Filed 8-23-12; 8:45 am]
BILLING CODE 9110-04-P