[Federal Register Volume 85, Number 102 (Wednesday, May 27, 2020)]
[Notices]
[Page 31776]
[FR Doc No: 2020-11357]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2019-0558, FRL-20005-94-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; RCRA Subtitle C Reporting Instructions and
Forms (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), RCRA Subtitle C Reporting
Instructions and Forms (EPA ICR Number 0976.19, OMB Control Number
2050-0024) to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act. This is a
proposed extension of the ICR, which is currently approved through May
30, 2020. Public comments were previously requested via the Federal
Register on October 7, 2019 during a 60-day comment period. This notice
allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An agency may not conduct or sponsor and a
person is not required to respond to a collection of information unless
it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before June 26, 2020.

ADDRESSES: Submit your comments to EPA, referencing Docket ID No. EPA-
HQ-OLEM-2019-0558, online using www.regulations.gov (our preferred
method), by email to<EMAIL_ADDRESS>or by mail to: RCRA Docket,
Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Peggy Vyas, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: Section 3002 of RCRA requires hazardous waste generators
to report, at least every 2 years, the quantity and nature of hazardous
waste generated and managed during that reporting cycle. Section 3004
requires treatment, storage, and disposal facilities (TSDFs) to report
any waste received. This is mandatory reporting. The information is
collected via the Hazardous Waste Report (EPA Form 8700-13 A/B). This
form is also known as the ``Biennial Report'' form.
    Section 3010 of RCRA requires any person who generates or
transports regulated waste or who owns or operates a facility for the
treatment, storage, or disposal of regulated waste to notify the EPA of
their activities, including the location and general description of
activities and the regulated wastes handled. The entity is then issued
an EPA Identification number. Entities use the Notification Form (EPA
Form 8700-12) to notify EPA of their hazardous waste activities. This
form is also known as the ``Notification'' form.
    Section 3005 of RCRA requires TSDFs to obtain a permit. To obtain
the permit, the TSDF must submit an application describing the
facility's operation. The RCRA Hazardous Waste Part A Permit
Application form (EPA Form 8700-23) defines the processes to be used
for treatment, storage, and disposal of hazardous wastes; the design
capacity of such processes; and the specific hazardous wastes to be
handled at the facility. This form is also known as the ``Part A''
form.
    Form Numbers: EPA form numbers 8700-12, 8700-13A/B, and 8700-23.
    Respondents/affected entities: Business or other for-profit as well
as State, Local, or Tribal governments.
    Respondent's obligation to respond: Mandatory (RCRA Sections 3002,
3304, 3005, 3010).
    Estimated number of respondents: 3,192,310 per year.
    Frequency of response: Biennially and on occasion.
    Total estimated burden: 809,382 hours per year. Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $35,658,164 (per year), includes $342,016
annualized capital or operation & maintenance costs.
    Changes in the Estimates: There is an increase of 161,956 hours in
the total estimated respondent burden compared with the ICR currently
approved by OMB. This increase is due to an increase in the universe of
facilities subject to requirements.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2020-11357 Filed 5-26-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 228 (Wednesday, November 25, 2020)]
[Notices]
[Pages 75355-75359]
[FR Doc No: 2020-26056]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2020-0002]

Final Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: Flood hazard determinations, which may include additions or
modifications of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where
applicable, in the supporting Flood Insurance Study (FIS) reports have
been made final for the communities listed in the table below.
    The FIRM and FIS report are the basis of the floodplain management
measures that a community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the Federal Emergency Management Agency's (FEMA's)
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report are used by insurance agents and others to calculate appropriate
flood insurance premium rates for buildings and the contents of those
buildings.

DATES: The date of March 23, 2021 has been established for the FIRM
and, where applicable, the supporting FIS report showing the new or
modified flood hazard information for each community.

ADDRESSES: The FIRM, and if applicable, the FIS report containing the
final flood hazard information for each community is available for
inspection at the respective Community Map Repository address listed in
the tables below and will be available online through the FEMA Map
Service Center at https://msc.fema.gov by the date indicated above.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the new or
modified flood hazard information for each community listed.
Notification of these changes has been published in newspapers of local
circulation and 90 days have elapsed since that publication. The Deputy
Associate Administrator for Insurance and Mitigation has resolved any
appeals resulting from this notification.
    This final notice is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the new or revised FIRM and FIS report available at the address
cited below for each community or online through the FEMA Map Service
Center at https://msc.fema.gov.
    The flood hazard determinations are made final in the watersheds
and/or communities listed in the table below.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
   City and County of San Francisco, California and Incorporated Areas
                 Docket No.: FEMA-B-1604 and FEMA-B-1961
------------------------------------------------------------------------
City and County of San Francisco.......  Office of the City
                                          Administrator, City Hall, Room
                                          362, 1 Dr. Carlton B. Goodlett
                                          Place, San Francisco, CA
                                          94102.
------------------------------------------------------------------------
                Scott County, Iowa and Incorporated Areas
                         Docket No.: FEMA-B-1925
------------------------------------------------------------------------
City of Bettendorf.....................  City Hall, 1609 State Street,
                                          Bettendorf, IA 52722.
City of Blue Grass.....................  City Hall, 114 North
                                          Mississippi Street, Blue
                                          Grass, IA 52726.
City of Buffalo........................  City Hall, 329 Dodge Street,
                                          Buffalo, IA 52728.
City of Davenport......................  City Hall, 226 West 4th Street,
                                          Davenport, IA 52801.
City of Dixon..........................  City Hall, 610 Davenport
                                          Street, Dixon, IA 52745.
City of Donahue........................  City Hall, 106 1st Avenue,
                                          Donahue, IA 52746.
City of Eldridge.......................  City Hall, 305 North 3rd
                                          Street, Eldridge, IA 52748.
City of Le Claire......................  City Hall, 325 Wisconsin
                                          Street, Le Claire, IA 52753.
City of Long Grove.....................  City Hall, 119 South 1st
                                          Street, Long Grove, IA 52756.
City of McCausland.....................  City Hall, 305 North Salina
                                          Street, McCausland, IA 52758.
City of Panorama Park..................  City Hall, 120 Short Street,
                                          Panorama Park, IA 52722.
City of Princeton......................  City Hall, 311 3rd Street,
                                          Princeton, IA 52768.
City of Riverdale......................  City Hall, 110 Manor Drive,
                                          Riverdale, IA 52722.
City of Walcott........................  City Hall, 128 West Lincoln
                                          Street, Walcott, IA 52773.
Unincorporated Areas of Scott County...  Scott County Administrative
                                          Center, 600 West 4th Street,
                                          Davenport, IA 52801.
------------------------------------------------------------------------
             Carroll County, Kentucky and Incorporated Areas
                         Docket No.: FEMA-B-1918
------------------------------------------------------------------------
City of Prestonville...................  Carroll County Emergency
                                          Operations Center, 829 Polk
                                          Street, Carrollton, Kentucky
                                          41008.
Unincorporated Areas of Carroll County.  Carroll County Emergency
                                          Operations Center, 829 Polk
                                          Street, Carrollton, Kentucky
                                          41008.
------------------------------------------------------------------------
              Henry County, Kentucky and Incorporated Areas
                         Docket No.: FEMA-B-1918
------------------------------------------------------------------------
Unincorporated Areas of Henry County...  Henry County Planning and
                                          Zoning Department, 19 South
                                          Property Road, New Castle,
                                          Kentucky 40050.
------------------------------------------------------------------------
             Oldham County, Kentucky and Incorporated Areas
                         Docket No.: FEMA-B-1918
------------------------------------------------------------------------
City of Crestwood......................  Oldham County Planning and
                                          Zoning Department, 100 West
                                          Jefferson Street, La Grange,
                                          KY 40031.
City of La Grange......................  Oldham County Planning and
                                          Zoning Department, 100 West
                                          Jefferson Street, La Grange,
                                          KY 40031.
City of Orchard Grass Hills............  Oldham County Planning and
                                          Zoning Department, 100 West
                                          Jefferson Street, La Grange,
                                          KY 40031.
Unincorporated Areas of Oldham County..  Oldham County Planning and
                                          Zoning Department, 100 West
                                          Jefferson Street, La Grange,
                                          KY 40031.
------------------------------------------------------------------------

             Trimble County, Kentucky and Incorporated Areas
                         Docket No.: FEMA-B-1918
------------------------------------------------------------------------
City of Milton.........................  City Hall, 10179 Highway 421
                                          North, Milton, KY 40045.
Unincorporated Areas of Trimble County.  Trimble County Office of the
                                          Executive County Judge, 123
                                          Church Street, Bedford, KY
                                          40006.
------------------------------------------------------------------------
               Benzie County, Michigan (All Jurisdictions)
                         Docket No.: FEMA-B-1972
------------------------------------------------------------------------
City of Frankfort......................  City Hall, 412 Main Street,
                                          Frankfort, MI 49635.
Township of Benzonia...................  Township Hall, 1020 Michigan
                                          Avenue, Benzonia, MI 49616.
Township of Blaine.....................  Blaine Township Hall, 4760
                                          Herring Grove Road, Arcadia,
                                          MI 49613.
Township of Crystal Lake...............  Crystal Lake Township Hall,
                                          1651 Frankfort Highway,
                                          Frankfort, MI 49635.
Township of Gilmore....................  Gilmore Township Clerk's
                                          Office, 1246 Grace Road,
                                          Elberta, MI 49635.
Township of Lake.......................  Lake Township Hall, 5153 Scenic
                                          Highway, Honor, MI 49640.
Township of Platte.....................  Platte Township Hall, 11935
                                          Fowler Road, Honor, MI 49640.
Village of Beulah......................  Village Hall, 7228 Commercial
                                          Avenue, Beulah, MI 49617.
Village of Elberta.....................  Village Hall, 151 Pearson
                                          Street, Elberta, MI 49628.
------------------------------------------------------------------------
               Benzie County, Michigan (All Jurisdictions)
                         Docket No.: FEMA-B-1972
------------------------------------------------------------------------
City of Frankfort......................  City Hall, 412 Main Street,
                                          Frankfort, MI 49635.
Township of Benzonia...................  Township Hall, 1020 Michigan
                                          Avenue, Benzonia, MI 49616.
Township of Blaine.....................  Blaine Township Hall, 4760
                                          Herring Grove Road, Arcadia,
                                          MI 49613.
Township of Crystal Lake...............  Crystal Lake Township Hall,
                                          1651 Frankfort Highway,
                                          Frankfort, MI 49635.
Township of Gilmore....................  Gilmore Township Clerk's
                                          Office, 1246 Grace Road,
                                          Elberta, MI 49635.
Township of Lake.......................  Lake Township Hall, 5153 Scenic
                                          Highway, Honor, MI 49640.
Township of Platte.....................  Platte Township Hall, 11935
                                          Fowler Road, Honor, MI 49640.
Village of Beulah......................  Village Hall, 7228 Commercial
                                          Avenue, Beulah, MI 49617.
Village of Elberta.....................  Village Hall, 151 Pearson
                                          Street, Elberta, MI 49628.
------------------------------------------------------------------------
            Marshall County, Minnesota and Incorporated Areas
                   Docket No.: FEMA-B-1529 and B-1925
------------------------------------------------------------------------
City of Alvarado.......................  City Hall, 155 Marshall Street,
                                          Alvarado, MN 56710.
City of Argyle.........................  City Hall, 701 Pacific Avenue,
                                          Argyle, MN 56713.
City of Grygla.........................  Civic Building, 219 West
                                          Beltrami Street, Grygla, MN
                                          56727.
City of Middle River...................  City Hall, 250 Hill Avenue,
                                          Middle River, MN 56737.
City of Newfolden......................  City Office, 145 East First
                                          Street, Newfolden, MN 56738.
City of Oslo...........................  City Hall, 107 Third Avenue
                                          East, Oslo, MN 56744.
City of Stephen........................  City Clerk's Office, 413 5th
                                          Street, Suite B, Stephen, MN
                                          56757.
City of Warren.........................  City Hall, 120 East Bridge
                                          Avenue, Warren, MN 56762.
Unincorporated Areas of Marshall County  Marshall County Courthouse, 208
                                          East Colvin Avenue, Warren, MN
                                          56762.
------------------------------------------------------------------------
           Bolivar County, Mississippi and Incorporated Areas
                         Docket No.: FEMA-B-1946
------------------------------------------------------------------------
Town of Renova.........................  City Hall, 1339 Old Highway 61,
                                          Renova, MS 38732.
Unincorporated Areas of Bolivar County.  Bolivar County Courthouse
                                          Administrator's Office, 200
                                          South Court Street, Cleveland,
                                          MS 38732.
------------------------------------------------------------------------
          Humphreys County, Mississippi and Incorporated Areas
                         Docket No.: FEMA-B-1946
------------------------------------------------------------------------
Town of Isola..........................  Town Hall, 203 Julia Street,
                                          Isola, MS 38754.
Unincorporated Areas of Humphreys        Humphreys County Courthouse,
 County.                                  Tax Assessor's Office, 102
                                          Castleman Street, Belzoni, MS
                                          39038.
------------------------------------------------------------------------
            Panola County, Mississippi and Incorporated Areas
                         Docket No.: FEMA-B-1946
------------------------------------------------------------------------
City of Batesville.....................  City Hall, 103 College Street,
                                          Batesville, MS 38606.
City of Sardis.........................  City Hall, 114 West Lee Street,
                                          Sardis, MS 38666.
Unincorporated Areas of Panola County..  Panola County Land Development
                                          Office, 245 Eureka Street,
                                          Batesville, MS 38606.
------------------------------------------------------------------------

           Sharkey County, Mississippi and Incorporated Areas
                         Docket No.: FEMA-B-1946
------------------------------------------------------------------------
Unincorporated Areas of Sharkey County.  Sharkey County Courthouse, 120
                                          Locust Street, Rolling Fork,
                                          MS 39159.
------------------------------------------------------------------------
          Sunflower County, Mississippi and Incorporated Areas
                         Docket No.: FEMA-B-1946
------------------------------------------------------------------------
City of Indianola......................  City Hall, Inspection
                                          Department, 101 Front Street,
                                          Indianola, MS 38751.
Town of Sunflower......................  Town Hall, 103 East Quiver
                                          Street, Sunflower, MS 38778.
Unincorporated Areas of Sunflower        Sunflower County Courthouse,
 County.                                  EMA/Floodplain Office, 200
                                          Main Street, Indianola, MS
                                          38751.
------------------------------------------------------------------------
         Tallahatchie County, Mississippi and Incorporated Areas
                         Docket No.: FEMA-B-1946
------------------------------------------------------------------------
City of Charleston.....................  City Hall, 26 South Square
                                          Street, Charleston, MS 38921.
Unincorporated Areas of Tallhatchie      Tallahatchie County Courthouse,
 County.                                  1 Court Square, Charleston, MS
                                          38921.
------------------------------------------------------------------------
          Washington County, Mississippi and Incorporated Areas
                         Docket No.: FEMA-B-1946
------------------------------------------------------------------------
Unincorporated Areas of Washington       Washington County Planning
 County.                                  Department, 900 Washington
                                          Avenue, Greenville, MS 38701.
------------------------------------------------------------------------
          Yalobusha County, Mississippi and Incorporated Areas
                         Docket No.: FEMA-B-1946
------------------------------------------------------------------------
Town of Oakland........................  City Hall, 13863 Hickory
                                          Street, Oakland, MS 38948.
Unincorporated Areas of Yalobusha        Yalobusha County Courthouse,
 County.                                  201 Blackmur Drive, Water
                                          Valley, MS 38965.
------------------------------------------------------------------------
              Douglas County, Oregon and Incorporated Areas
                         Docket No.: FEMA-B-1914
------------------------------------------------------------------------
City of Reedsport......................  City Hall, 451 Winchester
                                          Avenue, Reedsport, OR 97467.
Unincorporated Areas of Douglas County.  Douglas County Courthouse,
                                          Justice Building, 1036
                                          Southeast Douglas Avenue, Room
                                          106, Roseburg, OR 97470.
------------------------------------------------------------------------
               Grant County, Oregon and Incorporated Areas
                         Docket No.: FEMA-B-1979
------------------------------------------------------------------------
City of Seneca.........................  City Hall, 106 A Avenue,
                                          Seneca, Oregon 97873.
Unincorporated Areas of Grant County...  Grant County Planning
                                          Department, 201 South Humbolt
                                          Street, Suite 170, Canyon
                                          City, Oregon 97820.
------------------------------------------------------------------------
         Beaufort County, South Carolina and Incorporated Areas
                         Docket No.: FEMA-B-1814
------------------------------------------------------------------------
City of Beaufort.......................  City Hall, 1911 Boundary
                                          Street, Beaufort, SC 29902.
City of Hardeeville....................  City Hall, 205 Main Street,
                                          Hardeeville, SC 29927.
Town of Bluffton.......................  Town Hall, 20 Bridge Street,
                                          Bluffton, SC 29910.
Town of Hilton Head Island.............  Town Hall, 1 Town Center Court,
                                          Hilton Head Island, SC 29928.
Town of Port Royal.....................  Town Hall, 700 Paris Avenue,
                                          Port Royal, SC 29935.
Town of Yemassee.......................  Town Hall, 101 Town Circle,
                                          Yemassee, SC 29945.
Unincorporated Areas of Beaufort County  Beaufort County Building Codes
                                          Department, 100 Ribaut Road,
                                          Beaufort, SC 29902.
------------------------------------------------------------------------
               Summit County, Utah and Incorporated Areas
                 Docket No.: FEMA-B-1718 and FEMA-B-2004
------------------------------------------------------------------------
City of Coalville......................  City Hall, 10 North Main
                                          Street, Coalville, UT 84017.
City of Kamas..........................  City Hall, 170 North Main
                                          Street, Kamas, UT 84036.
City of Oakley.........................  City Hall, 960 West Center
                                          Street, Oakley, UT 84055.
City of Park City......................  City Hall, 445 Marsac Avenue,
                                          Park City, UT 84060.
Unincorporated Areas of Summit County..  Summit County Courthouse, 60
                                          North Main Street, Coalville,
                                          UT 84017.
------------------------------------------------------------------------
             Greene County, Virginia and Incorporated Areas
                         Docket No.: FEMA-B-1934
------------------------------------------------------------------------
Town of Stanardsville..................  Town Hall, 19 Celt Road,
                                          Stanardsville, VA 22973.

Unincorporated Areas of Greene County..  Greene County Administration
                                          Building, 40 Celt Road,
                                          Stanardsville, VA 22973.
------------------------------------------------------------------------

[FR Doc. 2020-26056 Filed 11-24-20; 8:45 am]
BILLING CODE 9110-12-P


AGENDA

FIFRA SCIENTIFIC ADVISORY PANEL (SAP)

OPEN MEETING

February 25 – 27, 2009

FIFRA SAP WEB SITE http://www.epa.gov/scipoly/sap/

OPP Docket Telephone:<PHONE_NUMBER>

Docket Number: EPA-HQ-OPP-2008-0835

U.S. Environmental Protection Agency

Conference Center - Lobby Level

One Potomac Yard (South Bldg.)

2777 S. Crystal Drive, Arlington, VA 22202

Scientific Issues Associated with the Data Required to Register
Plant-Incorporated Protectants.

Please note that all times are approximate (see note at end of Agenda).

Wednesday, February 25, 2009

1:30 P.M.	Opening of Meeting and Administrative Procedures – Joseph
Bailey, Designated Federal Official, Office of Science Coordination and
Policy, EPA

1:40 P.M. 	Introduction and Identification of Panel Members – Steven
Heeringa, Ph.D., FIFRA Scientific Advisory Panel Chair

1:50 P.M.	Welcome and Opening Remarks – Steven Bradbury, Deputy Office
Director for Programs, Office of Pesticide Programs, EPA

1:55 P.M.	Welcome and Introductions – Janet Andersen, Director,
Biopesticides and Pollution Prevention Division, Office of Pesticide
Programs, EPA

2:00 P.M.	Introduction of Topics – Chris Wozniak, Ph.D., Biopesticides
and Pollution Prevention Division, Office of Pesticide Programs, EPA

2:05 P.M.	Overview of bioinformatics assessment of novel proteins and
gene/protein nomenclature issues - John Kough, Ph.D., Biopesticides and
Pollution Prevention Division, Office of Pesticide Programs, EPA

2:30 P.M.	Overview of issues associated with synergistic effects of
multiple PIPs in a plant - Annabel Waggoner, Biopesticides and Pollution
Prevention Division, Office of Pesticide Programs, EPA

2:45 P.M.	Overview of issues associated with soil microbial community
effects - Zig Vaituzis, Ph.D., Biopesticides and Pollution Prevention
Division, Office of Pesticide Programs, EPA

3:00 P.M.	Break

3:15 P.M.	Overview of issues associated with environmental assessment of
gene flow - Chris Wozniak, Ph.D., Biopesticides and Pollution Prevention
Division, Office of Pesticide Programs, EPA

3:45 P.M.	Public Comment

5:30 P.M.      ADJOURN

AGENDA

FIFRA SCIENTIFIC ADVISORY PANEL (SAP)

OPEN MEETING

February 25 – 27, 2009

FIFRA SAP WEB SITE http://www.epa.gov/scipoly/sap/

OPP Docket Telephone:<PHONE_NUMBER>

Docket Number: EPA-HQ-OPP-2008-0835

U.S. Environmental Protection Agency

Conference Center - Lobby Level

One Potomac Yard (South Bldg.)

2777 S. Crystal Drive, Arlington, VA 22202

Scientific Issues Associated with the Data Required to Register
Plant-Incorporated Protectants.

Please note that all times are approximate (see note at end of Agenda).

Thursday, February 26, 2009

8:30 A.M.	Opening of Meeting and Administrative Procedures – Joseph
Bailey, Designated Federal Official, Office of Science Coordination and
Policy, EPA

8:35 A.M. 	Introduction and Identification of Panel Members – Steven
Heeringa, Ph.D., FIFRA Scientific Advisory Panel Chair

8:45 A.M.      Charge to Panel

Charge Question A.1 – Please comment on this approach to
identification of proteins found in PIPs to describe the active
ingredient and its function as a pesticide. Please comment on the use of
the gene name or phenotype in PIPs developed using RNAi. Is there
another more systematized naming system that could be employed for
either proteins or RNAi ? Please provide a basis for your answer.

10:00 A.M.	BREAK

10:15 A.M. 	Charge to Panel (continued)

Charge Question B.1 – Given the negative results of specific serum
screening of novel proteins triggered by identification of six to eight
segment searches for allergenic epitopes to date, please comment on
whether the six to eight amino acid epitope search provides a
statistically significant and biologically meaningful approach for
addressing allergenicity risk in the absence of the 35 percent identity
trigger? Please provide recommendations on criteria for judging
databases for their validity and completeness to address allergen,
toxin, anti-nutrient and other hazardous protein similarities. Please
provide a basis for your answer.

11:15 A.M.	Charge to Panel (continued)

Charge Question C.1 – EPA has developed a draft test guideline [See
OPPTS Guideline 890.3800- Synergistic Activity Test] for determining the
potential for synergism for combination PIP products, specifically for
registration applications that intend on citing existing toxicological
data from previously registered PIP event lines. Please comment on the
methodology to support the analysis for synergistic effects for
combination PIP products and any additional comments on this approach-
including identifying instances where the Agency would be justified to
require additional testing with a combination test substance containing
a mixture of two or more active ingredients for data development on
human health and non-target organism effects.

12:00 P.M.	LUNCH

1:15 P.M.	Charge to Panel (continued)

Charge Question C.2 – EPA has developed soil microbial community
toxicity tests for plants that are modified to inhibit microbial growth
(e.g., a gene is inserted into a plant that exhibits a microbiocidal
mode of action against a plant pathogen) [See OPPTS Guideline 890.3850
Soil Microbial Community Toxicity Test ]. Considering the natural
fluctuation of microbial populations in the soil ecosystem and the
inherent variability in extracting representative soil samples, please
comment on limiting testing to examining effects on activity of
beneficial soil microbes, specifically carbon and nitrogen cycling at
the soil microbial community level (soil is analyzed for NH3 and NO3
content to establish ammonification and nitrification values,
respectively, and for CO2 efflux, in the presence and absence of the
stressor). Please provide a basis for your answer.

2:15 P.M.	Charge to Panel (continued)

Charge Question D.1 – Gene flow has been distributing various
naturally occurring genes between sexually compatible species for
millions of years and some of these genes encode traits for plant
disease and insect resistance mechanisms. Various methods have been used
to study the impacts of natural gene flow. Assuming a case wherein
hybridization and introgression of a transgene expressing a pesticidal
substance occurs between crop and wild species:

 a.) The EPA asks the Panel to discuss whether it is possible to
evaluate, in part, impacts of a gene flow event by gathering data on
target (pest) species which are associated with the wild species
(transgene recipient).

b.) The EPA asks the Panel to discuss whether the gathered data will
allow estimating the degree to which resistance to these target species
may influence the population dynamics or invasiveness of the wild
relative.

c.) The EPA asks the Panel to discuss whether empirical data regarding
the target species (e.g., fungi, insects, etc) and non-target species
(e.g., pollinators, detritivores) associated with the sexually
compatible wild relative have the potential to inform about risks to the
SCWR population and the associated community. d.) The EPA asks the Panel
to discuss whether an understanding of the potential effect(s) of
introgressed transgenes on basic plant habit, phenology and physiology
provide a basis for a assessing potential impacts following a gene flow
event.

d.) The EPA asks the Panel to discuss whether an understanding of the
potential effect(s) of introgressed transgenes on basic plant habit,
phenology and physiology provide a basis for a assessing potential
impacts following a gene flow event.

3:15 P.M.	Break

3:30 P.M.	Charge to Panel (continued)

5:00 P.M.	Adjourn

AGENDA

FIFRA SCIENTIFIC ADVISORY PANEL (SAP)

OPEN MEETING

February 25 – 27, 2009

FIFRA SAP WEB SITE http://www.epa.gov/scipoly/sap/

OPP Docket Telephone:<PHONE_NUMBER>

Docket Number: EPA-HQ-OPP-2008-0835

U.S. Environmental Protection Agency

Conference Center - Lobby Level

One Potomac Yard (South Bldg.)

2777 S. Crystal Drive, Arlington, VA 22202

Scientific Issues Associated with the Data Required to Register
Plant-Incorporated Protectants.

Please note that all times are approximate (see note at end of Agenda).

Friday, February 27, 2009

8:30 A.M.	Opening of Meeting and Administrative Procedures – Joseph
Bailey, Designated Federal Official, Office of Science Coordination and
Policy, EPA

8:35 A.M. 	Introduction and Identification of Panel Members – Steven
Heeringa, Ph.D., Scientific Advisory Panel Chair

8:45 A.M. 	Charge to Panel (continued as needed)

10:00 A.M.	Break

10:15 A.M.	Charge to Panel (continued as needed)

12:00 P.M.	Adjourn

Please be advised that agenda times are approximate; when the discussion
for one topic is completed, discussions for the next topic will begin.
For further information, please contact the Designated Federal Official
for this meeting, Joseph Bailey, via telephone:<PHONE_NUMBER>; fax:
(202) 564-8382; or email<EMAIL_ADDRESS>

 PAGE

 PAGE   4


[Federal Register: September 19, 2007 (Volume 72, Number 181)]
[Notices]
[Page 53546-53547]
[DOCID:fr19se07-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1005]

City of Boulder; Notice Soliciting Applications

September 13, 2007.
    On August 30, 2004, the City of Boulder (City), the licensee for
the Boulder Canyon Hydroelectric Project No.1005, filed a notice of
intent to file an application for a small conduit exemption for a
reconfigured Boulder Canyon Project, pursuant to section 15(b)(1) of
the Federal Power Act (FPA). The current license for Project No. 1005
expires on August 31, 2009.
    The project is located on Boulder Creek, in Boulder County, near
the City of Boulder, Colorado. The project occupies about 36 acres of
U.S. Forest Service lands within Roosevelt National Forest. The
licensed project consists of: (a) A concrete gravity dam about 720 feet
long having a maximum height of 175 feet, including a spillway about
127 feet long with a crest elevation of 8,181.5 feet mean sea level
(msl), creating the Barker Reservoir which has

a surface area of 200 acres and a gross storage capacity of 11,687
acre-feet at normal pool elevation 8,180 feet msl; (b) an outlet gate
control structure; (c) a 5-foot-by-5-foot concrete tunnel, about 225
feet long and connecting by way of a valve house to an 11.7-mile-long,
36-inch-diameter concrete gravity pipeline; (d) the Kossler Reservoir,
a reregulating reservoir having a surface area of 12.25 acres and a
gross storage capacity of 165 acre-feet at maximum pool elevation
7,717.6 feet msl and formed by three earth embankment structures: (i)
Southwest Dam, an earth-concrete core structure about 450 feet long and
about 18 feet high; (ii) Northeast Dam, an earth embankment structure
about 20 feet high and 180 feet long; and (iii) West Dam, an earth
embankment structure 420 feet long, having a maximum height of about 5
feet; (e) a concrete outlet structure with trash screens and a gate
connecting to a 9,340-foot-long steel penstock varying in diameter from
56 to 44 inches; (f) a powerhouse containing two generating units
having a total installed capacity of 20 megawatts; (g) a 13-kV
generator bus and two 13/115-kV step-up transformers; and (h)
appurtenant facilities.
    The City did not file an application for a new license or an
exemption application for the project. Pursuant to 18 CFR 16.25 (2007),
the Commission is soliciting license applications from potential
applicants other than the existing licensee. This is necessary because
the deadline for filing an application for new license or exemption and
any competing applications, pursuant to 18 CFR 16.9 (2007) was August
31, 2007, and no other applications for license for this project were
filed.
    The licensee is required to make available certain information
described in 18 CFR 16.7 (2007). Such information is available by
contacting the City of Boulder, Director of Public Water Works for
Utilities, P.O. Box 791, Boulder, CO 80306-0791, or by phone at (303)
441-3266.
    A potential applicant that files a notice of intent within 90 days
from the date of issuance of this notice: (1) May apply for a license
under Part I of the FPA and Part 4 (except section 4.38) of the
Commission's Regulations within 18 months of the date on which it files
its notice; and (2) must comply with the requirements of 18 CFR 16.8
and 16.10 of the Commissions regulations.
    Questions concerning this notice should be directed to Gaylord
Hoisington,<PHONE_NUMBER> or by e-mail at<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
[FR Doc. E7-18424 Filed 9-18-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 233 (Wednesday, December 8, 2021)]
[Notices]
[Pages 69637-69638]
[FR Doc No: 2021-26580]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP22-377-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Cherokee
AGL--Replacement Shippers--Dec 2021 to be effective 12/1/2021.
    Filed Date: 12/1/21.
    Accession Number: 20211201-5117.
    Comment Date: 5 p.m. ET 12/13/21.

    Docket Numbers: RP22-378-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: List of Non-Conforming Service
Agreements (Leidy South_Interim Svc_2_3) to be effective 12/1/2021.
    Filed Date: 12/1/21.
    Accession Number: 20211201-5122.
    Comment Date: 5 p.m. ET 12/13/21.

    Docket Numbers: RP22-379-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: REX 2021-11-30 Negotiated Rate
Agreements to be effective 12/1/2021.
    Filed Date: 12/1/21.
    Accession Number: 20211201-5149.
    Comment Date: 5 p.m. ET 12/13/21.

    Docket Numbers: RP22-380-000.
    Applicants: Alliance Pipeline L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Various Dec
1 Capacity Releases to be effective 12/1/2021.
    Filed Date: 12/1/21.
    Accession Number: 20211201-5155.
    Comment Date: 5 p.m. ET 12/13/21.

    Docket Numbers: RP22-381-000.
    Applicants: MarkWest Pioneer, L.L.C.
    Description: Sec.  4(d) Rate Filing: Quarterly Fuel Adjustment
Filing to be effective 1/1/2022.
    Filed Date: 12/1/21.
    Accession Number: 20211201-5169.
    Comment Date: 5 p.m. ET 12/13/21.

    Docket Numbers: RP22-382-000.
    Applicants: Cameron Interstate Pipeline, LLC.
    Description: Sec.  4(d) Rate Filing: Cameron Interstate Pipeline,
LLC Annual Adjustment of Fuel Retainage Percentage to be effective 1/1/
2022.
    Filed Date: 12/1/21.
    Accession Number: 20211201-5215.
    Comment Date: 5 p.m. ET 12/13/21.

    Docket Numbers: RP22-383-000.
    Applicants: MoGas Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: MoGas Pipeline LLC Negotiated
Rate Tariff Filing to be effective 1/1/2022.
    Filed Date: 12/1/21.
    Accession Number: 20211201-5224.
    Comment Date: 5 p.m. ET 12/13/21.

    Docket Numbers: RP22-384-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Vitol OPT30 & OPT60 Rev Share
Neg Rate Agmts to be effective 12/1/2021.
    Filed Date: 12/1/21.
    Accession Number: 20211201-5237.
    Comment Date: 5 p.m. ET 12/13/21.

    Docket Numbers: RP22-385-000.
    Applicants: ANR Pipeline Company.
    Description: Sec.  4(d) Rate Filing: Venture Global Calcasieu
133756--Neg Rate/Non-Conforming to be effective 1/1/2022.
    Filed Date: 12/1/21.
    Accession Number: 20211201-5238.
    Comment Date: 5 p.m. ET 12/13/21.

    Docket Numbers: RP22-386-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreements
Filing (Eco Energy/Red Willow/Shell) to be effective 1/1/2022.
    Filed Date: 12/1/21.
    Accession Number: 20211201-5242.
    Comment Date: 5 p.m. ET 12/13/21.

    Docket Numbers: RP22-387-000.
    Applicants: Natural Gas Pipeline Company of America LLC.
    Description: Sec.  4(d) Rate Filing: Amendment to a Negotiated Rate
Agreement--Kiowa Power Partners, LLC to be effective 12/1/2021.
    Filed Date: 12/1/21.
    Accession Number: 20211201-5266.
    Comment Date: 5 p.m. ET 12/13/21.

    Any person desiring to intervene or protest in any of the above
proceedings

must file in accordance with Rules 211 and 214 of the Commission's
Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern
time on the specified comment date. Protests may be considered, but
intervention is necessary to become a party to the proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP21-100-000.
    Applicants: National Grid LNG, LLC.
    Description: Refund Report: Refund Report of National Grid LNG in
Docket RP21-100 to be effective N/A.
    Filed Date: 12/1/21.
    Accession Number: 20211201-5236.
    Comment Date: 5 p.m. ET 12/13/21.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 2, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-26580 Filed 12-7-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: April 10, 2006 (Volume 71, Number 68)]
[Notices]
[Page 18127-18130]
[DOCID:fr10ap06-97]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53591; File No. SR-NYSE-Arca-2006-08]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to the
Certificate of Incorporation of NYSE Arca Holdings, Inc.

April 4, 2006.
    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 March 30, 2006, NYSE Arca, Inc. (the ``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I and II below, which Items have been
prepared by the Exchange. The Exchange filed the proposed rule change
pursuant to Section 19(b)(3)(A) of the Act,\3\ and Rule 19b-4(f)(6)
thereunder,\4\ which renders the proposal effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange hereby submits to the Commission a proposed rule
change to further extend certain temporary exceptions from the voting
and ownership limitations in the certificate of incorporation of NYSE
Arca Holdings, Inc. (f/k/a PCX Holdings, Inc.) \5\ (``NYSE Arca
Holdings''), a Delaware corporation and a parent company of the
Exchange, originally approved by the Commission in an order issued on
September 22, 2005 (the ``SEC Order'') \6\ and extended pursuant to
certain subsequent rule filings,\7\ so as to allow Gerald D. Putnam
(``Mr. Putnam''), Chairman and Chief Executive Officer of Archipelago
Holdings, Inc. (``Archipelago''), a Delaware corporation and a wholly-
owned subsidiary of NYSE Group, Inc. (``NYSE Group''), of which Mr.
Putnam is also President and Co-Chief Operating Officer, to indirectly
own in excess of 5% of Terra Nova Trading, L.L.C. (``TNT'') until May
15, 2006, subject to the conditions set forth in this proposed rule
filing.
---------------------------------------------------------------------------

    \5\ See SR-PCX-2006-24.
    \6\ See Securities Exchange Act Release No. 52497 (September 22,
2005), 70 FR 56949 (September 29, 2005) (the ``SEC Order'').
    \7\ See Securities Exchange Act Release No. 53034 (December 28,
2005), 71 FR 636 (January 5, 2006) (the ``First Extension Notice'');
Securities Exchange Act Release No. 53202 (January 31, 2006), 71 FR
6530 (February 8, 2006) (the ``Second Extension Notice''); and
Securities Exchange Act Release No. 53411 (March 3, 2006), 71 FR
12413 (March 10, 2006) (the ``Third Extension Notice'').
---------------------------------------------------------------------------

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

a. NYSE Arca Holdings and the Amendment of the NYSE Arca Holdings
Certificate of Incorporation

    As a wholly-owned subsidiary of NYSE Group, Archipelago operates
NYSE Arca Marketplace (formerly Archipelago Exchange or ArcaEx), an
open, all-electronic stock market for the trading of equity securities.
On September 26, 2005, Archipelago completed its acquisition of NYSE
Arca Holdings (then known as PCX Holdings) and all of its wholly-owned
subsidiaries, including the Pacific Exchange, Inc. (the predecessor
entity of the Exchange) and PCX Equities, Inc. (n/k/a NYSE Arca
Equities, Inc.) (the ``Acquisition''). On March 7, 2006, the merger of
Archipelago and the New York Stock Exchange, Inc. (the ``Archipelago
NYSE Merger'') closed and, as a result, Archipelago became a wholly-
owned subsidiary of NYSE Group.
    The certificate of incorporation of NYSE Arca Holdings (as amended
to date, the ``NYSE Arca Holdings Certificate of Incorporation'')
contains various ownership and voting restrictions on NYSE Arca
Holdings' capital stock, which are designed to safeguard the
independence of the self-regulatory functions of the Exchange and to
protect the Commission's oversight responsibilities. In order to allow
Archipelago to own 100% of the capital stock of NYSE Arca Holdings,

prior to the completion of the Acquisition, the Exchange filed with the
Commission a proposed rule change which sought to, among other things,
amend the NYSE Arca Holdings Certificate of Incorporation to create an
exception from the voting and ownership restrictions for Archipelago
and certain of its related persons (the ``Original Rule Filing'').\8\
The Original Rule Filing, as amended by Amendment Nos. 1 and 2 thereto,
was approved by the Commission on September 22, 2005 \9\ and the
amended NYSE Arca Holdings Certificate of Incorporation became
effective on September 26, 2005, upon the closing of the Acquisition.
---------------------------------------------------------------------------

    \8\ See File No. SR-PCX-2005-90 (August 1, 2005).
    \9\ See SEC Order, supra note 6.
---------------------------------------------------------------------------

    Article Nine of the NYSE Arca Holdings Certificate of Incorporation
provides that no Person,\10\ either alone or together with its Related
Persons,\11\ may own, directly or indirectly, shares constituting more
than 40% of the outstanding shares of any class of NYSE Arca Holdings
capital stock,\12\ and that no Person, either alone or together with
its Related Persons who is a trading permit holder of the Exchange or
an equities trading permit holder of NYSE Arca Equities, may own,
directly or indirectly, shares constituting more than 20% of any class
of NYSE Arca Holdings capital stock.\13\ Furthermore, the NYSE Arca
Holdings Certificate of Incorporation provides that, for so long as
NYSE Arca Holdings controls, directly or indirectly, the Exchange, no
Person, either alone or with its Related Persons, may directly or
indirectly vote or cause the voting of shares of NYSE Arca Holdings
capital stock or give any proxy or consent with respect to shares
representing more than 20% of the voting power of the issued and
outstanding NYSE Arca Holdings capital stock.\14\ The NYSE Arca
Holdings Certificate of Incorporation also places limitations on the
right of any Person, either alone or with its Related Persons, to enter
into any agreement with respect to the withholding of any vote or
proxy.\15\
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    \10\ ``Person'' is defined to mean an individual, partnership
(general or limited), joint stock company, corporation, limited
liability company, trust or unincorporated organization, or any
governmental entity or agency or political subdivision thereof. NYSE
Arca Holdings Certificate of Incorporation, Article Nine, Section
1(b)(iv).
    \11\ The term ``Related Person,'' as defined in the NYSE Arca
Holdings Certificate of Incorporation, means (i) with respect to any
person, all ``affiliates'' and ``associates'' of such person (as
such terms are defined in Rule 12b-2 under the Act); (ii) with
respect to any person constituting a trading permit holder of the
Exchange or an equities trading permit holder of NYSE Arca Equities,
any broker dealer with which such holder is associated; and (iii)
any two or more persons that have any agreement, arrangement or
understanding (whether or not in writing) to act together for the
purpose of acquiring, voting, holding or disposing of shares of the
capital stock of NYSE Arca Holdings. NYSE Arca Holdings Certificate
of Incorporation, Article Nine, Section 1(b)(iv).
    \12\ NYSE Arca Holdings Certificate of Incorporation, Article
Nine, Section 1(b)(i). However, such restriction may be waived by
the Board of Directors of NYSE Arca Holdings pursuant to an
amendment to the Bylaws of NYSE Arca Holdings adopted by the Board
of Directors, if, in connection with the adoption of such amendment,
the Board of Directors adopts a resolution stating that it is the
determination of such Board that such amendment will not impair the
ability of the Exchange to carry out its functions and
responsibilities as an ``exchange'' under the Act and is otherwise
in the best interests of NYSE Arca Holdings and its stockholders and
the Exchange, and will not impair the ability of the Commission to
enforce said Act, and such amendment shall not be effective until
approved by said Commission; provided that the Board of Directors of
NYSE Arca Holdings shall have determined that such Person and its
Related Persons are not subject to any applicable ``statutory
disqualification'' (within the meaning of Section 3(a)(39) of the
Act). NYSE Arca Holdings Certificate of Incorporation, Article Nine,
Sections 1(b)(i)(B) and 1(b)(i)(C).
    \13\ Id., Article Nine, Section 1(b)(ii).
    \14\ Id., Article Nine, Section 1(c).
    \15\ Id.
---------------------------------------------------------------------------

    The Exchange proposed and the Commission approved an exception from
the ownership and voting limitations described above to add a new
paragraph at the end of Article Nine of the NYSE Arca Holdings
Certificate of Incorporation, which provides that for so long as
Archipelago directly owns all of the outstanding capital stock of NYSE
Arca Holdings, these ownership and voting limitations shall not be
applicable to the ownership and voting of shares of NYSE Arca Holdings
by (i) Archipelago, (ii) any Person which is a Related Person of
Archipelago, either alone or together with its Related Persons, and
(iii) any other Person to which Archipelago is a Related Person, either
alone or together with its Related Persons.\16\ These exceptions to the
ownership and voting limitations, however, shall not apply to any
``Prohibited Persons,'' \17\ which is defined to mean any Person that
is, or that has a Related Person that is (i) an OTP Holder or an OTP
Firm (as defined in the rules of the Exchange) \18\ or (ii) an ETP
Holder (as defined in the rules of NYSE Arca Equities),\19\ unless such
Person is also a ``Permitted Person'' under the NYSE Arca Holdings
Certificate of Incorporation.\20\ The NYSE Arca Holdings Certificate of
Incorporation further provides that any Prohibited Person not covered
by the definition of a Permitted Person who is subject to and exceeds
the voting and ownership limitations imposed by Article Nine as of the
date of the closing of the Acquisition shall be permitted to exceed the
voting and ownership limitations imposed by Article Nine only to the
extent and for the time period approved by the Commission.\21\
---------------------------------------------------------------------------

    \16\ Id., Article Nine, Section 4.
    \17\ Id.
    \18\ The Exchange rules define an ``OTP Holder'' to mean any
natural person, in good standing, who has been issued an Options
Trading Permit (``OTP'') by the Exchange for effecting approved
securities transactions on the Exchange's trading facilities, or has
been named as a Nominee. Exchange Rule 1.1(q). The term ``Nominee''
means an individual who is authorized by an ``OTP Firm'' (a sole
proprietorship, partnership, corporation, limited liability company
or other organization in good standing who holds an OTP or upon whom
an individual OTP Holder has conferred trading privileges on the
Exchange's trading facilities) to conduct business on the Exchange's
trading facilities and to represent such OTP Firm in all matters
relating to the Exchange. Exchange Rule 1.1(n).
    \19\ NYSE Arca Equities rules define an ``ETP Holder'' to mean
any sole proprietorship, partnership, corporation, limited liability
company or other organization in good standing that has been issued
an Equity Trading Permit, a permit issued by the NYSE Arca Equities
for effecting approved securities transactions on the trading
facilities of NYSE Arca Equities. NYSE Arca Equities Rule 1.1(n).
    \20\ ``Permitted Person'' is defined to mean (A) any broker or
dealer approved by the Commission after June 20, 2005 to be a
facility (as defined in Section 3(a)(2) of the Act) of the Exchange;
(B) any Person that has been approved by the Commission prior to it
becoming subject to the provisions of Article Nine of the NYSE Arca
Holdings Certificate of Incorporation with respect to the voting and
ownership of shares of NYSE Arca Holdings capital stock by such
Person; and (C) any Person that is a Related Person of Archipelago
solely by reason of beneficially owning, either alone or together
with its Related Persons, less than 20% of the outstanding shares of
Archipelago capital stock. NYSE Arca Holdings Certificate of
Incorporation, Article Nine, Section 4.
    \21\ Id.
---------------------------------------------------------------------------

b. TNT

    TNT is a wholly owned subsidiary of TAL Financial Services, LLC
(``TAL'') and Mr. Putnam indirectly owns a 40% interest in TAL.
Accordingly, Mr. Putnam indirectly owns in excess of 5% of TNT. The
management committee of TAL performs on behalf of TNT the functions
usually associated with a board of directors and executive committee of
a corporation. Until the approval of the Third Extension Rule Filing
(discussed below), Mr. Putnam was one of the five members of the TAL
management committee (a position which Mr. Putnam resigned in
accordance with the TNT Conditions (discussed below)). Because TNT, a
broker-dealer and an ETP Holder of NYSE Arca Equities, is a Related
Person of Archipelago by virtue of Mr. Putnam's ownership of in excess
of 5% of TNT, it falls within the definition of ``Prohibited Persons''
under the NYSE Arca Holdings Certificate of Incorporation.
Consequently, absent an

exception, Archipelago's ownership of NYSE Arca Holdings would cause
TNT to exceed the voting and ownership limitations imposed by Article
Nine of the NYSE Arca Holdings Certificate of Incorporation. Therefore,
in connection with the Acquisition, the Commission approved the
Exchange's request for a temporary exception for Mr. Putnam to continue
to own in excess of 5% of TNT and continue to serve as a director of
TAL until December 31, 2005 (the ``Original TNT Exception'').\22\ In
the SEC Order, the Commission stated that it believes that such a
temporary exception is appropriate and consistent with the Act because
it will eliminate the affiliation between TNT and Archipelago but allow
Mr. Putnam a reasonable amount of time to effectuate such actions
necessary to eliminate the affiliation.\23\
---------------------------------------------------------------------------

    \22\ See SEC Order, supra note 6, at 56960-61.
    \23\ Id. at 56960.
---------------------------------------------------------------------------

    Mr. Putnam has been working to eliminate the affiliation with TNT.
In light of the fact that the sale of Mr. Putnam's interest in TNT was
unlikely to be consummated by December 31, 2005, in the proposed rule
filing submitted by the Exchange on December 19, 2005 (the ``Original
Extension Rule Filing''), as amended by Amendment No. 1 thereto, the
Exchange also requested an extension of the Original TNT Exception to
January 31, 2006.\24\ The extension took effect immediately upon the
filing of Amendment No. 1 to the Original Extension Rule Filing.\25\ In
the proposed rule filing submitted by the Exchange on January 27, 2006
(the ``Second Extension Rule Filing''), the Exchange requested that the
Original TNT Exception be further extended to the earlier of (x) the
closing date of the Archipelago NYSE Merger and (y) March 31, 2006.\26\
The extension took effect immediately upon the filing of the Second
Extension Rule Filing.\27\ In the proposed rule filing submitted by the
Exchange on March 3, 2006 (the ``Third Extension Rule Filing''), the
Exchange requested that the Original TNT Exception be further extended
to March 31, 2006.\28\ The extension was approved on an accelerated
basis by the Commission.\29\ The approval was subject to the following
conditions.
---------------------------------------------------------------------------

    \24\ See File No. SR-PCX-2005-139 (December 19, 2005), as
amended by Amendment No. 1 thereto (December 23, 2005).
    \25\ See the First Extension Notice, supra note 7, at 640.
    \26\ See File No. SR-PCX-2006-04 (January 27, 2006).
    \27\ See the Second Extension Notice, supra note 7, at 6534.
    \28\ See File No. SR-PCX-2006-21 (March 3, 2006).
    \29\ See the Third Extension Notice, supra note 7, at 12419.
---------------------------------------------------------------------------

    First, Mr. Putnam must resign as a member of the management
committee of TAL. Second, Mr. Putnam must continue to abstain, as he
has abstained in the past, from directing the respective day-to-day
operations of TAL or TNT or otherwise participating in the respective
management or businesses of TAL or TNT. Third, Mr. Putnam must not
exercise any voting rights with respect to any equity interests of TAL
or in excess of 5% of voting rights with respect to TNT (collectively,
the ``TNT Conditions''). The second and third TNT Conditions, however,
are subject to the following exception: Mr. Putnam is permitted to act
or vote in a manner otherwise prohibited by such condition if Mr.
Putnam's action or exercise of voting rights would be necessary to
approve and consummate the sale of Mr. Putnam's interest in TNT. In
accordance with the TNT Exception, Mr. Putnam resigned as a member of
the management committee of TAL and has otherwise complied with the TNT
Conditions.

c. Further Extension of the Original TNT Exception

    Since the approval of the Original TNT Exception, Mr. Putnam has
been working in good faith to sell his interest in TNT at or below the
5% level, and entered into a definitive agreement for such a sale on
March 30, 2006.\30\ The definitive agreement conditions the sale on the
satisfaction of a number of closing conditions, including the receipt
of the National Association of Securities Dealers, Inc. (``NASD'') and
other regulatory approvals. Such approvals are expected to be received
by within thirty days of signing of the definitive agreement and Mr.
Putnam would then close the sale as soon as practicable thereafter. To
that end, the Exchange hereby proposes to further extend the Original
TNT Exception to May 15, 2006, subject to the TNT Conditions described
above.
---------------------------------------------------------------------------

    \30\ The potential purchaser is not a Related Person of
Archipelago or a ``Prohibited Person'' under the NYSE Arca Holdings
Certificate of Incorporation. Telephone conversation between Tim
Elliott, Assistant General Counsel--Regulatory, Exchange, and Jan
Woo, Attorney, Division of Market Regulation, Commission, on March
31, 2006.
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    In requesting such extension, Archipelago and the Exchange note
that the NASD, a self-regulatory organization not affiliated with
Archipelago, has been designated by the Commission as the ``Designated
Examining Authority'' (``DEA'') for TNT pursuant to Rule 17d-1 of the
Act.\31\ Furthermore, during the interim period, TNT would continue to
be covered by the scope of an agreement between NASD and the Exchange,
which was entered into pursuant to Rule 17d-2 under the Act \32\ and
provides for a plan concerning the regulatory responsibilities of NASD
with respect to certain members of the Exchange, including TNT (``17d-2
Agreement'').\33\
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    \31\ Pursuant to Rule 17d-1 under the Act, where a member of the
Securities Investor Protection Corporation is a member of more than
one SRO, the Commission shall designate to one of such organizations
the responsibility of examining such member for compliance with the
applicable financial responsibility rules. In making such
designation, the Commission shall take into consideration the
regulatory capabilities and procedures of the SROs, availability of
staff, convenience of location, unnecessary regulatory duplication,
and such other factors as the Commission may consider germane to the
protection of investors, the cooperation and coordination among
SROs, and the development of a national market system for the
clearance and settlement of securities transactions. 17 CFR 240.17d-
1.
    \32\ Rule 17d-2 under the Act provides that any two or more SROs
may file with the Commission a plan for allocating among such SROs
the responsibilities to receive regulatory reports from persons who
are members or participants of more than one of such SROs to examine
such persons for compliance, or to enforce compliance by such
persons, with specified provisions of the Act, the rules and
regulations thereunder, and the rules of such SROs, or to carry out
other specified regulatory functions with respect to such persons.
17 CFR 240.17d-2.
    \33\ See SEC Order, supra note 6, at 56959.
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    Archipelago and the Exchange believe that this extension would be
in keeping with the policy justifications for the Original TNT
Exception and the extensions thereof outlined above, while allowing Mr.
Putnam a reasonable amount of time to effectuate the actions necessary
to eliminate the affiliation between TNT and Archipelago.
2. Statutory Basis
    The Exchange believes that the proposed rule change in this filing
is consistent with Section 6(b) \34\ of the Act, in general, and
furthers the objectives of Section 6(b)(1),\35\ in particular, in that
it enables the Exchange to be so organized so as to have the capacity
to be able to carry out the purposes of the Act and to comply, and
(subject to any rule or order of the Commission pursuant to Section
17(d) or 19(g)(2) of the Act) to enforce compliance by its exchange
members and persons associated with its exchange members, with the
provisions of the Act, the rules and regulations thereunder, and the
rules of the Exchange. The Exchange also believes that this filing
furthers the objectives of Section 6(b)(5),\36\ in particular, because
the rules summarized herein would create a governance and regulatory

structure with respect to the operation of the equities and options
business of the Exchange that is designed to help prevent fraudulent
and manipulative acts and practices; to promote just and equitable
principals of trade; to foster cooperation and coordination with
persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities; and to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest.
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    \34\ 15 U.S.C. 78f(b).
    \35\ 15 U.S.C. 78f(b)(1).
    \36\ 15 U.S.C. 78f(b)(5).
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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.

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

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

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

    Because the foregoing proposed rule change does not: (1)
Significantly affect the protection of investors or the public
interest; (2) impose any significant burden on competition; and (3)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate if consistent with
the protection of investors and the public interest, it has become
effective pursuant to Section 19(b)(3)(A) \37\ of the Act and Rule 19b-
4(f)(6) thereunder.\38\ At any time within 60 days of the filing of the
proposed rule change, the Commission may summarily abrogate such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
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    \37\ 15 U.S.C. 78s(b)(3)(A).
    \38\ 17 CFR 240.19b-4(f)(6). The Exchange provided the
Commission with written notice of its intent to file this proposed
rule change on March 29, 2006.
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    The Exchange has asked the Commission to waive the 30-day operative
delay. The Commission believes that waiving the 30-day operative delay
is consistent with the protection of investors and the public interest.
Because the current exception with respect to Mr. Putnam's ownership of
TNT is set to expire on March 31, 2006, such waiver will allow TNT to
remain in compliance with ownership and voting limitations in the NYSE
Arca Holdings Certificate of Incorporation. The Commission notes that
the Exchange has represented that Mr. Putnam signed a definitive
agreement to reduce his ownership interest in TNT on March 30, 2006.
However, Mr. Putnam needs an extension of time to receive necessary
regulatory approvals and complete the sale. The extension is limited in
scope and duration, and Mr. Putnam will continue to be subject to the
TNT Conditions described in this rule filing during the extension
period. Further, the Commission notes that the following protections
are and will continue to be in place during the interim period: TNT is
a member of the NASD (as well as NYSE Arca); the NASD is the DEA for
TNT pursuant to Rule 17d-1 under the Act; and TNT is and will continue
to be covered by the scope of the 17d-2 Agreement.
    For these reasons, the Commission designates the proposal to be
effective and operative upon filing with the Commission.\39\
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    \39\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSEArca-2006-08 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2006-08. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of 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-NYSEArca-2006-08 and should be submitted on or before
May 1, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\40\
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    \40\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
[FR Doc. E6-5152 Filed 4-7-06; 8:45 am]

BILLING CODE 8010-01-P