[Federal Register Volume 84, Number 52 (Monday, March 18, 2019)]
[Notices]
[Page 9862]
[FR Doc No: 2019-04997]

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DEPARTMENT OF TRANSPORTATION

[Docket No. DOT-OST-2004-16951]

Agency Request for Renewal of a Previously Approved Information
Collection: Exemptions for Air Taxi Operations

AGENCY: Office of the Secretary, DOT.

ACTION: Notice and request for comments.

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SUMMARY: The Department of Transportation (DOT) invites public comments
about our intention to request the Office of Management and Budget
(OMB)'s approval to renew an information collection. The collection
involves a classification of air carriers known as air taxi operators
and their filings of a one-page form that enables them to obtain
economic authority from DOT. The information to be collected is
necessary for DOT to determine whether an air taxi operator meets DOT's
criteria for an economic authorization in accordance with DOT rules. We
are required to publish this notice in the Federal Register by the
Paperwork Reduction Act of 1995.

DATES: Written comments should be submitted by May 17, 2019.

ADDRESSES: You may submit comments [identified by Docket No. DOT-OST-
2004-16951] through one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail or Hand Delivery: Docket Operations Office, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except on Federal holidays.

FOR FURTHER INFORMATION CONTACT: Barbara Snoden,<PHONE_NUMBER>, Office
of Aviation Analysis, Office of the Secretary, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2105-0565.
    Title: Exemptions for Air Taxi Operations.
    Form Numbers: OST Form 4507.
    Type of Review: Renewal of an information collection.
    Background: Part 298 of Title 14 of the Code of Federal
Regulations, Exemptions for Air Taxi Registration, establishes a
classification of air carriers known as air taxi operators that offer
on-demand passenger service. The regulation exempts these small
operators from certain provisions of the Federal statute to permit them
to obtain economic authority by filing a one-page, front and back, OST
Form 4507, Air Taxi Operator Registration, and Amendments under Part
298 of DOT's Regulations.
    DOT expects to receive 200 new air taxi registrations and 2,200
amended air taxi registrations each year, resulting in 2,400 total
respondents. Further, DOT expects filers of new registrations to take 1
hour to complete the form, while it should only take 30 minutes to
prepare amendments to the form. Thus, the total annual burden is
expected to be 1,300 hours.
    Respondents: U.S. air taxi operators.
    Number of Respondents: 2,400.
    Frequency: On occasion.
    Number of Responses: 2,400.
    Total Annual Burden: 1,300 hours.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for [your office]'s performance;
(b) the accuracy of the estimated burden; (c) ways for DOT to enhance
the quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended; and 49 CFR 1:48.

    Issued in Washington, DC, on March 12, 2019.
Lauralyn J. Remo,
Chief, Air Carrier Fitness Division, Office of Aviation Analysis.
[FR Doc. 2019-04997 Filed 3-15-19; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register: September 1, 2010 (Volume 75, Number 169)]
[Rules and Regulations]
[Page 53593-53598]
[DOCID:fr01se10-8]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107, 171, 172, 173, 176, 177, 179, and 180

[Docket No. PHMSA-2010-0195 (HM-244C)]
RIN 2137-AE61

Hazardous Materials: Minor Editorial Corrections and
Clarifications

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

ACTION: Final rule.

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SUMMARY: This final rule corrects editorial errors, makes minor
regulatory changes and, in response to requests for clarification,
improves the clarity of certain provisions in the Hazardous Materials
Regulations. The intended effect of this rule is to enhance the
accuracy and reduce misunderstandings of the regulations. The
amendments contained in this rule are non-substantive changes and do
not impose new requirements.

DATES: Effective Date: October 1, 2010.

FOR FURTHER INFORMATION CONTACT: Deborah Boothe, Office of Hazardous
Materials Standards,<PHONE_NUMBER>, PHMSA, East Building, PHH-10, 1200
New Jersey Avenue, SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

I. Background

    The Pipeline and Hazardous Materials Safety Administration (PHMSA)
annually reviews the Hazardous Materials Regulations (HMR; 49 CFR parts
171-180) to identify typographical and other errors, outdated addresses
or other contact information, and similar errors. In this final rule,
we are correcting typographical errors, incorrect CFR references and
citations, inconsistent use of terminology, misstatements of certain
regulatory requirements and inadvertent omissions of information.
Because these amendments do not impose new requirements, notice and
public comment procedures are unnecessary. By making these amendments
effective without the customary 30-day delay following publication, the
changes will appear in the next revision of the 49 CFR.

II. Section by Section Review

    The following is a summary by section of the minor editorial
corrections and clarifications made in this final rule. The summary
does not include minor editorial corrections such as punctuation errors
or similar minor revisions.

Part 107

Section 107.117
    This section sets forth conditions and procedures for emergency
processing for an application for a special permit. The daytime
telephone number for the Federal Motor Carrier Administration in
paragraph (d)(3) is no longer correct. Accordingly, we are revising
this contact number.
Section 107.329
    This section sets forth the maximum and minimum civil penalties for
violations of the Federal hazardous material transportation law, 49
U.S.C. 5101 et seq., and violations of regulations issued pursuant to
that law. Those maximum and minimum penalties were most recently
adjusted on December 29, 2009 (74 FR 68701) to consider the effects of
inflation since reauthorization of the Federal hazardous material
transportation law in August 2005. We found that the inflation
adjustment in the Federal Civil Penalties Inflation Adjustment Act (28
U.S.C. 2461 note) (the Act)--the change in the CPI-U over the
prescribed period--was 12.5%, but that the Act limited the adjustment
of the maximum and minimum civil penalties to 10%. These adjusted
maximum and minimum civil penalties apply to any violation occurring on
or after January 1, 2010.
    More recently, it has been called to our attention that we did not
apply the ``rounding'' requirement in Section 5 of the Act in making
adjustments to the minimum civil penalty amounts. Applying the 12.5%
increase in the CPI-U to the $450 minimum penalty for a violation
related to training produces an increase of $56.25, which would be
rounded to $100--except for the limitation in the Act that the initial
adjustment may not exceed 10%. Thus, the adjusted minimum penalty of
$495 for a violation related to training was correct. However, when the
$250 minimum penalty amount for other violations is increased by 12.5%,
the result would be an increase of $31.25, which must be rounded to the
nearest $100--or $0. Thus, we should have left the minimum civil
penalty for other violations at $250. Accordingly, we are correcting
this error in both Sec.  107.329 and Sec.  171.1(g). PHMSA does not
believe that the improper $275 civil penalty amount has been used in
any enforcement case arising out of

violations that occurred on or after January 1, 2010, and we will
continue to use the proper $250 amount in such enforcement cases that
have arisen since that date.

Part 171

Section 171.6
    Section 171.6 consolidates and displays the control numbers
assigned to the HMR collections of information by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995.
This section complies with the requirements of 5 CFR 1320.7(f),
1320.12, 1320.13 and 1320.14 (OMB regulations implementing the
Paperwork Reduction Act of 1995) for the display of control numbers
assigned by OMB to collections of information of the HMR. In paragraph
(b)(2), the table of OMB control numbers is revised to update affected
sections for OMB control numbers 2137-0022 and 2137-0572.
Section 171.7
    Paragraph (b) of Sec.  171.7 lists materials that are
``informational materials not requiring incorporation by reference''
into the HMR. In the preamble to the HM-244A final rule published in
the Federal Register on October 1, 2008 (73 FR 57001), we stated that
the Compressed Gas Association's (CGA) publication CGA C-1.1, Personnel
Training and Certification Guidelines for Cylinder Requalification By
the Volumetric Expansion Method, could be used as guidance material to
assist cylinder requalifiers in setting up their training procedures
and was not to be considered as a stand alone tool for training persons
on how to perform requalification of cylinders using the volumetric
expansion test method. In that final rule, we also stated we were
removing the entries in Sec. Sec.  171.7(b) and 180.205(g)(6) that
refer to the publication. However, due to an oversight, the amendatory
language was inadvertently omitted. Therefore, in this final rule, we
are removing the entry for CGA C-1.1 from Sec.  171.7(b) and paragraph
(g)(6) from Sec.  180.205.

Part 172

Section 172.101
    This section contains the Hazardous Materials Table (HMT) and
explanatory text for each of the columns in the table. Some of the
information for the entry ``Helium, compressed, UN1046'' in the HMT was
reported under the incorrect columns. In this final rule, we are
revising the entry ``Helium, compressed, UN1046'' by correcting the
information reported in columns 5, 6, 7, 8a, 8b, and 9a.
Section 172.604
    This section prescribes requirements for providing the emergency
response telephone number on hazardous materials shipping papers. As
amended in the final rule, ``Revision of Requirements for Emergency
Response Telephone Numbers,'' HM-206F, published October 19, 2009 (74
FR 53413), we are correcting Sec.  172.604(b)(1) by adding the word
``information'' to the phrase ``emergency response provider'' so that
it reads ``emergency response information provider (ERI provider).'' In
the October 19, 2009 final rule, the word ``information'' was
inadvertently omitted during the printing of the regulatory text.
    In paragraphs (b)(1) and (b)(2), we are clarifying the term
``contract number'' by adding the wording ``or other unique identifier
assigned by the ERI provider'' to clarify that the term ``contract
number'' identifies the registrant to the ERI provider. This
clarification should serve to avoid confusion when an ERI provider may
be using the term ``contract number'' for another purpose.
    In paragraph (b)(2), we are also clarifying that the person who is
registered with the emergency response provider must be identified by
name or contract number on the shipping paper immediately before,
after, above, or below the emergency response telephone number in a
prominent, readily identifiable, and clearly visible manner that allows
the information to be easily and quickly found unless the name or
identifier is entered elsewhere in a prominent manner in accordance
with paragraph (b)(1).
Section 172.800
    This section prescribes hazardous materials security plan
requirements. In a final rule, ``Risk-Based Adjustment of
Transportation Security Plan Requirements,'' HM-232F, published March
9, 2010 (75 FR 10974), there were three drafting errors. First, we
indicated that ``the security planning requirement will apply, as it
does now, to all Division 1.4 explosives transported in quantities that
require placarding under Subpart F of Part 172 of the HMR.'' However,
in the regulatory text to the final rule we referenced Sec.  172.504(c)
in place of Subpart F of Part 172. As a result, the changes may be
interpreted to require placards for certain Division 1.4S materials
that fall under Sec.  172.504(f)(6). This was not our intent. Second,
we indicated, in the final rule, that the security planning requirement
for desensitized explosives in Class 3 and Division 4.1 would apply to
quantities that require placarding under Sec.  172.504(c). This
reference is not clear and is inconsistent with previous references to
``quantities that require placarding under the provisions of Subpart F
of Part 172.'' Therefore, to clarify the first two errors, we are
revising Sec.  172.800(b)(2) and (b)(7) to remove the reference to
``Sec.  172.504(c)'' and replacing it to read ``subpart F of this
part.''
    The third error is closely related to the first two errors. We
indicated, in the final rule, that the security planning requirements
for Division 4.3 materials would continue to require security plans for
``any quantity'' of Division 4.3 materials. Again, this reference is
not clear and is inconsistent with previous references to ``quantities
that require placarding under the provisions of Subpart F of Part
172.'' Therefore, to correct this error we are revising Sec.
172.800(b)(9) to read ``any quantity of a Division 4.3 material
requiring placarding in accordance with subpart F of this part,'' as
intended in the final rule to HM-232F.

Part 173

Section 173.27
    This section specifies general requirements for packaging hazardous
materials for transportation by aircraft. The reference to Sec.  171.11
in paragraph (f) is no longer valid. Therefore, PHMSA is correcting
this error by revising paragraph (f) to remove the reference to Sec.
171.11 and replacing it with a reference to Sec.  171.22.
Section 173.171
    This section prescribes requirements for smokeless powder for small
arms. The entry ``Smokeless powder for small arms (100 pounds or
less),'' NA3178 is only applicable to U.S. transportation as indicated
by the ``D'' in column 1 of the HMT. Therefore, in Sec.  173.171, the
introductory text is revised to clarify that the provisions of this
section applies to domestic transportation only.
Section 173.314
    This section prescribes requirements for transporting compressed
gases in tank cars and multi-unit tank cars. For the entry
``Chlorine,'' column 2 of the table entitled ``Outage and filling
limits'' refers to ``Note 13''. There is no ``Note 13.'' To correct
this error, the reference to ``Note 13'' in column 2 of the table, is
removed. In addition, for the entries ``Hydrogen Sulphide'' and
``Hydrogen sulphide, liquefied'' column 1 of the table reflects the
international spelling while the proper shipping name entries

in the Sec.  172.101 HMT reflect the domestic spelling of ``Hydrogen
sulfide.'' Both spellings are authorized in accordance with Sec.
172.101(c)(1). However, we are revising the entries in the Sec.
173.314 table to read ``Hydrogen Sulfide'' and ``Hydrogen sulfide,
liquefied'' to be consistent with the spelling in the Sec.  172.101
HMT.

Part 176

Section 176.54
    This section prescribes requirements for repairs involving welding,
burning, and power-actuated tools and appliances. We are revising
paragraph (b)(1) to correct the reference to 33 CFR 126.15(c) to read
33 CFR 126.30.

Part 177

Section 177.843
    This section prescribes requirements for surveying for
contamination on motor vehicles used to transport Class 7 radioactive
materials under exclusive use conditions. We are revising paragraph (a)
to correct the reference to ``Sec.  173.427(b)(3) or (c) or Sec.
173.443(c)'' to read ``Sec.  173.427(b)(4) or (c) or Sec.  173.443(c)''
to correct a typographical error.

Part 179

Appendix B
    49 CFR part 179, appendix B prescribes procedure for the
``Simulated Pool and Torch Fire Test.'' PHMSA is correcting an error in
the pool and torch fire test requirements. The conversion that was used
to establish the tolerances for the flame temperatures was incorrect. A
temperature conversion was made. However, a factor of 1.8 should have
been used to convert between degrees Fahrenheit and degrees Celsius.
The temperature requirements should read 871 [deg]C (1600 [deg]F) +/-
55.6 [deg]C (132.08 [deg]F).

Part 180

Section 180.213
    This section prescribes requirements for requalification markings
for cylinders.
    We are revising paragraph (d)(2) to correct the reference to Sec.
173.301(l) to read Sec.  171.23(a)(4).

III. Regulatory Analyses and Notices

A. Statutory Authority

    This final rule is published under authority of 49 U.S.C. 5103(b),
which authorizes the Secretary of Transportation to prescribe
regulations for the safe transportation, including security, of
hazardous material in intrastate, interstate, and foreign commerce. The
purpose of this final rule is to remove unnecessary cross references to
the hazardous materials table, correct mailing addresses, grammatical
and typographical errors, and, in response to requests for
clarification, improve the clarity of certain provisions in the
Hazardous Materials Regulations.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866 and, therefore, was not
reviewed by the Office of Management and Budget. This rule is not
significant under the Regulatory Policies and Procedures of the
Department of Transportation (44 FR 11034). This final rule does not
impose new or revised requirements for hazardous materials shippers or
carriers; therefore, it is not necessary to prepare a regulatory impact
analysis.

C. Executive Order 13132

    This final rule has been analyzed in accordance with the principles
and criteria in Executive Order 13132 (``Federalism''). This final rule
does not adopt any regulation that: (1) Has substantial direct effects
on the States, the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government; or (2) imposes substantial direct
compliance costs on State and local governments. PHMSA is not aware of
any State, local, or Indian Tribe requirements that would be preempted
by correcting editorial errors and making minor regulatory changes.
This final rule does not have sufficient federalism impacts to warrant
the preparation of a federalism assessment.

D. Executive Order 13175

    This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not have Tribal implications, does not impose substantial direct
compliance costs on Indian Tribal governments, and does not preempt
Tribal law, the funding and consultation requirements of Executive
Order 13175 do not apply, and a Tribal summary impact statement is not
required.

E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies

    I certify that this final rule will not have a significant economic
impact on a substantial number of small entities. This rule makes minor
editorial changes which will not impose any new requirements on persons
subject to the HMR; thus, there are no direct or indirect adverse
economic impacts for small units of government, businesses, or other
organizations.

F. Unfunded Mandates Reform Act of 1995

    This rule does not impose unfunded mandates under the Unfunded
Mandates Reform Act of 1995. It does not result in costs of $141.3
million or more to either State, local, or Tribal governments, in the
aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objectives of the rule.

G. Paperwork Reduction Act

    There are no new information collection requirements in this final
rule.

H. Environmental Impact Analysis

    There are no environmental impacts associated with this final rule.

I. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.

List of Subjects

49 CFR Part 107

    Administrative practice and procedure, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements.

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste,
Imports, Reporting and recordkeeping requirements.

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste,
Labeling, Packaging and containers, Reporting and recordkeeping
requirements.

49 CFR Part 173

    Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.

49 CFR Part 176

    Hazardous materials transportation, Segregation, Handling and
stowage, Maritime carriers.

49 CFR Part 177

    Hazardous materials transportation, Loading and unloading,
Segregation and separation.

49 CFR Part 179

    Hazardous materials transportation, Rail car specifications.

49 CFR Part 180

    Hazardous materials transportation, Motor carriers, Motor vehicle
safety, Packaging and containers, Railroad safety, Reporting and
recordkeeping requirements.

0
In consideration of the foregoing, 49 CFR chapter I is amended as
follows:

PART 107-HAZARDOUS MATERIALS PROGRAM PROCEDURES

0
1. The authority citation for part 107 continues to read as follows:

    Authority: 49 U.S.C. 5101-5129, 44701; 49 CFR 1.45 and 1.53;
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note), Pub. L. 104-134
section 31001.

Sec.  107.117  [Amended]

0
2. In Sec.  107.117, in paragraph (d)(3), the phone number ``202-366-
6121'' is removed and the phone number ``202-385-2400'' is added in its
place.

Sec.  107.329  [Amended]

0
3. In Sec.  107.329, in paragraphs (a) and (b), the figure ``$275'' is
removed and the figure ``$250'' is added in its place.

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
4. The authority citation for part 171 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53;
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134
section 31001.

Sec.  171.1  [Amended]

0
5. In Sec.  171.1, in paragraph (g), the wording ``$275'' is removed
and the wording ``$250'' is added.

0
6. In Sec.  171.6, the table in paragraph (b)(2) is amended by revising
the entries for ``2137-0022'' and ``2137-0572'' to read as follows:

Sec.  171.6  Control numbers under the Paperwork Reduction Act.

* * * * *
    (b) * * *
    (2) Table.

------------------------------------------------------------------------
                                                    Title 49 CFR part or
                                                       section where
   Current OMB  control No.           Title            identified and
                                                         described
------------------------------------------------------------------------

                              * * * * * * *
2137-0022.....................  Testing,           Sec.  Sec.   173.5b,
                                 Inspection, and    173.302a, 173.303,
                                 Marking            173.304, 173.309,
                                 Requirements for   178.2, 178.3,
                                 Cylinders.         178.35, 178.44,
                                                    178.45, 178.46,
                                                    178.57, 178.59,
                                                    178.60, 178.61,
                                                    178.68, 180.205,
                                                    180.207, 180.209,
                                                    180.211, 180.213,
                                                    180.215, 180.217,
                                                    Appendix C to Part
                                                    180.

                              * * * * * * *
2137-0572.....................  Testing            Sec.  Sec.   173.168,
                                 requirements for   178.2, 178.601,
                                 non-bulk           Appendix C to Part
                                 packages.          178, Appendix D to
                                                    Part 178.
------------------------------------------------------------------------

Sec.  171.7  [Amended]

0
7. In the table in paragraph (b) of Sec.  171.7, the entry ``Compressed
Gas Association, Inc., 4221 Walney Road, 5th Floor, Chantilly, Virginia
20151, CGA C-1.1, Personnel Training and Certification Guidelines for
Cylinder Requalification By the Volumetric Expansion Method, 2004,
First Edition'' is removed.

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS

0
8. The authority citation for part 172 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.53.

0
9. In Sec.  172.101, in the Hazardous Materials Table, the entry for
``Helium, compressed'' is revised to read as follows.
* * * * *

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                (8) Packaging (Sec.   173.***)   (9) Quantity limitations (see   (10) Vessel  stowage
                  Hazardous materials      Hazard                                                Special  --------------------------------     Sec.  Sec.   173.27 and    ----------------------
   Symbols      descriptions and proper   class or    Identification     PG      Label codes   provisions                                 -------------175.75)------------
                    shipping names        division         Nos.                                   (Sec.    Exceptions  Non-bulk    Bulk       Passenger    Cargo aircraft     Location     Other
                                                                                172.102)                                    aircraft/rail       only
(1)            (2).....................       (3)   (4)..............    (5)   (6)...........      (7)         (8A)       (8B)        (8C) (9A)..........  (9B)..........  (10A).........  (10B)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                                * * * * * * *
               Helium, compressed......       2.2   UN1046...........  ......  2.2...........  ..........       306        302   302, 314  75 kg.........  150 kg........  A.............   85

                                                                                * * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

0
10. In Sec.  172.604, as amended October 19, 2009, at 74 FR 53422,
effective November 18, 2009, and delayed until October 1, 2010, at 74
FR 54489, October 22, 2009, paragraphs (b)(1) and (b)(2) are revised to
read as follows:

Sec.  172.604  Emergency response telephone number.

* * * * *
    (b) * * *
    (1) The number of the person offering the hazardous material for
transportation when that person is also the emergency response
information provider (ERI provider). The name of

the person, or contract number or other unique identifier assigned by
an ERI provider, identified with the emergency response telephone
number must be entered on the shipping paper immediately before, after,
above, or below the emergency response telephone number unless the name
is entered elsewhere on the shipping paper in a prominent, readily
identifiable, and clearly visible manner that allows the information to
be easily and quickly found; or
    (2) The number of an agency or organization capable of, and
accepting responsibility for, providing the detailed information
required by paragraph (a)(2) of this section. The person who is
registered with the ERI provider must ensure that the agency or
organization has received current information on the material before it
is offered for transportation. The person who is registered with the
ERI provider must be identified by name, or contract number or other
unique identifier assigned by the ERI provider, on the shipping paper
immediately before, after, above, or below the emergency response
telephone number in a prominent, readily identifiable, and clearly
visible manner that allows the information to be easily and quickly
found, unless the name or identifier is entered elsewhere in a
prominent manner as provided in paragraph (b)(1) of this section.
* * * * *

0
11. In Sec.  172.800, paragraphs (b)(2), (7), and (9), as amended March
9, 2010, at 75 FR 10988, effective October 1, 2010, are revised to read
as follows:

Sec.  172.800  Purpose and applicability.

* * * * *
    (b) * * *
    (2) A quantity of a Division 1.4, 1.5, or 1.6 material requiring
placarding in accordance with subpart F of this part;
* * * * *
    (7) A quantity of desensitized explosives meeting the definition of
Division 4.1 or Class 3 material requiring placarding in accordance
with subpart F of this part;
* * * * *
    (9) A quantity of a Division 4.3 material requiring placarding in
accordance with subpart F of this part;
* * * * *

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS

0
12. The authority citation for part 173 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.

0
13. In Sec.  173.27, paragraph (f) introductory text is revised to read
as follows:

Sec.  173.27  General requirements for transportation by aircraft.

* * * * *
    (f) Combination packaging. Unless otherwise specified in this part,
or in Sec.  171.22 of this subchapter, when combination packaging are
offered for transportation aboard aircraft, inner packaging must
conform to the quantity limitations set forth in table 1 of this
paragraph for transport aboard passenger-carrying aircraft and table 2
of this paragraph for transport aboard cargo aircraft only, as follows:
* * * * *

0
14. In Sec.  173.171, the introductory text is revised to read as
follows:

Sec.  173.171  Smokeless powder for small arms.

    Smokeless powder for small arms which has been classed in Division
1.3 may be reclassed in Division 4.1, for domestic transportation by
motor vehicle, rail car, vessel, or cargo-only aircraft, subject to the
following conditions:
* * * * *

Sec.  173.314  [Amended]

0
15. In Sec.  173.314, in the table in paragraph (c), in column 1, the
entries for ``Hydrogen Sulphide'' and ``Hydrogen sulphide, liquefied''
are removed and ``Hydrogen sulfide'' and ``Hydrogen sulfide,
liquefied'' are added in their place; and in column 2 of the table, for
the entry ``Chlorine'', the reference to ``Notes 6, 13'' is removed and
the reference ``Note 6'' is added in its place.

PART 176--CARRIAGE BY VESSEL

0
16. The authority citation for part 176 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR part 1.53.

Sec.  176.54  [Amended]

0
17. In Sec.  176.54, in paragraph (b)(1), the reference ``33 CFR
126.15(c)'' is removed and the reference ``33 CFR 126.30'' is added.

PART 177--CARRIAGE BY PUBLIC HIGHWAY

0
18. The authority citation for part 177 continues to read as follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR part 1.53.

0
19. In Sec.  177.843, paragraph (a) is revised to read as follows:

Sec.  177.843  Contamination of vehicles.

    (a) Each motor vehicle used for transporting Class 7 (radioactive)
materials under exclusive use conditions in accordance with Sec.
173.427(b)(4) or (c) or Sec.  173.443(c) of this subchapter must be
surveyed with radiation detection instruments after each use. A vehicle
may not be returned to service until the radiation dose rate at every
accessible surface is 0.005 mSv per hour (0.5 mrem per hour) or less
and the removable (non-fixed) radioactive surface contamination is not
greater than the level prescribed in Sec.  173.443(a) of this
subchapter.
* * * * *

PART 179--SPECIFICATIONS FOR TANK CARS

0
20. The authority citation for part 179 continues to read as follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR part 1.53.

0
21. In Appendix B to Part 179, paragraph 2. a. (1) is revised to read
as follows:

Appendix B to Part 179, Procedures for Simulated Pool and Torch Fire
Testing

* * * * *
    2. Simulated pool fire test.
    a. * * *
    (1) The source of the simulated pool fire must be hydrocarbon
fuel with a flame temperature of 871 [deg]C (1600 [deg]F) plus-or-
minus 55.6 [deg]C (132.08 [deg]F), throughout the duration of the
test.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

0
22. The authority citation for part 180 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.

0
23. In Sec.  180.205, paragraph (g)(6) is revised to read as follows:

Sec.  180.205  General requirements for requalification of
specification cylinders.

* * * * *
    (g) * * *
    (6) Training materials may be used for training persons who
requalify cylinders using the volumetric expansion test method.
* * * * *

0
24. In Sec.  180.213, paragraph (d)(2) is revised to read as follows:

Sec.  180.213  Requalification markings.

* * * * *
    (d) * * *
    (2) Exception. A cylinder subject to the requirements of Sec.
171.23(a)(4) of this

subchapter may not be marked with a RIN.
* * * * *

    Issued in Washington, DC, on August 26, 2010 under authority
delegated in 49 CFR part 1.
Cynthia L. Quarterman,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2010-21759 Filed 8-31-10; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register: February 26, 2009 (Volume 74, Number 37)]
[Notices]
[Page 8831-8833]
[DOCID:fr26fe09-86]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59424; File No. SR-NASDAQ-2009-009]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Clarify Nasdaq's Definition of ``Controlled Company''

February 19, 2009.
    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 February 10, 2009, The NASDAQ Stock Market LLC (``Nasdaq'') 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 Nasdaq. Nasdaq has designated the proposed rule
change as effecting a change described under Rule 19b-4(f)(6) under the
Act,\3\ 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    Nasdaq proposes to clarify its definition of a ``controlled
company.'' Nasdaq will implement the proposed rule upon approval [sic].
The text of the proposed rule change is below. Proposed new language is
in italics.\4\
---------------------------------------------------------------------------

    \4\ Changes are marked to the rule text that appears in the
electronic manual of Nasdaq found at http://
nasdaqomx.cchwallstreet.com.
---------------------------------------------------------------------------

* * * * *
    4350. Qualitative Listing Requirements for Nasdaq Issuers Except
for Limited Partnerships.
    (a)-(b) No change.
    (c) Independent Directors
    (1)-(4) No change.
    (5) A Controlled Company is exempt from the requirements of this
Rule 4350(c), except for the requirements of subsection (c)(2) which
pertain to executive sessions of independent directors. A Controlled
Company is a company of which more than 50% of the voting power for the
election of directors is held by an individual, a group or another
company. A Controlled Company relying upon this exemption must disclose
in its annual meeting proxy statement (or, if the issuer does

not file a proxy, in its Form 10-K or 20-F) that it is a Controlled
Company and the basis for that determination.
    (d)-(n) No change.
* * * * *

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

    In its filing with the Commission, Nasdaq 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. Nasdaq 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
    The purpose of this rule filing is to clarify the definition of a
``controlled company.'' \5\ Nasdaq currently allows a ``controlled
company'' to exempt itself from the requirements to have a majority of
independent directors on its board and to have independent compensation
and nomination committees.\6\ Under Nasdaq's rules, a ``controlled
company'' is a company of which more than 50% of the voting power is
held by an individual, group, or another company, and, in order for a
group to exist, the shareholders comprising the group must have
publicly filed a notice that they are acting as a group (e.g., a
Schedule 13D).\7\
---------------------------------------------------------------------------

    \5\ Nasdaq previously proposed this change in SR-NASDAQ-2008-
005, which was withdrawn as of the date of this current filing.
    \6\ Nasdaq Rule 4350(c)(5).
    \7\ Nasdaq Rule 4350(c)(5) and Nasdaq IM-4350-7.
---------------------------------------------------------------------------

    Under Nasdaq's current practice, in order for a company to be
deemed a controlled company, more than 50% of the voting power for the
election of directors must be held by an individual, group or another
company. Nasdaq proposes to amend its definition of ``controlled
company'' to provide transparency to this interpretation and to provide
clarity to companies and investors about the availability of the
``controlled company'' exception. In applying the rule in this manner,
Nasdaq intends to limit the controlled company exception to companies
with shareholders who truly control that company and its board
composition. For example, the controlled company exception would not
apply where a shareholder agreement exists relating only to the
disposition of assets.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\8\ in general and with Section
6(b)(5) of the Act,\9\ in particular. Section 6(b)(5) requires, among
other things, that Nasdaq's rules be designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, 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. The proposed change is
consistent with these requirements in that it will prevent issuers from
relying on the exception when they are not truly a ``controlled
company.'' The proposed rule change also will provide a standard that
is clear, straightforward and uniform for issuers to understand and
apply.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing rule does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) 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) of the Act \10\ and Rule 19b-4(f)(6)
thereunder.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires that a self-regulatory organization submit to the
Commission written notice of its intent to file the proposed rule
change, along with a brief description and text of the proposed rule
change, at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission. The Commission notes that Nasdaq has satisfied the five-
day pre-filing notice requirement.
---------------------------------------------------------------------------

    Normally, a proposed rule change filed under 19b-4(f)(6) may not
become operative prior to 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) \12\ permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest. Nasdaq requests that the Commission
waive the 30-day waiting period.\13\
---------------------------------------------------------------------------

    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    Nasdaq believes that the proposed rule change does not
significantly affect the protection of investors or the public interest
because it provides transparency to Nasdaq's existing interpretation of
this Rule. Nasdaq requests the waiver so that companies that file their
annual reports and proxy statements with the Commission during that
period will have the benefit of this clarification. In that regard,
Nasdaq notes that, depending on their filing deadline under the
Commission's rules, companies with fiscal year ends between September
30, 2008 and December 31, 2008, either just filed, or are about to
file, their annual reports with the Commission and generally file their
proxy statements shortly thereafter.
    The Commission believes that waiver of the operative date delay is
appropriate, particularly because companies whose fiscal year recently
ended just filed, or are about to file, their annual reports with the
Commission, and proxy statements shortly thereafter, would have clarity
regarding the controlled company provision. Therefore, the Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest and designates the
proposed rule change to be operative upon filing.\14\
---------------------------------------------------------------------------

    \14\ For the 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).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing,

including whether the proposed rule change, as amended, is consistent
with the Act. Comments may be submitted by any of the following
methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2009-009 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2009-009. 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 on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing also will be available for inspection and copying at the
principal office of Nasdaq. 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-2009-009 and
should be submitted on or before March 19, 2009.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-4062 Filed 2-25-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 247 (Tuesday, December 27, 2022)]
[Rules and Regulations]
[Pages 79245-79247]
[FR Doc No: 2022-27967]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

Construction Related Relief Concerning Operations at Ronald
Reagan Washington National Airport, John F. Kennedy International
Airport, and LaGuardia Airport, and Newark Liberty International
Airport, April 1, 2023, Through November 30, 2023

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation.

ACTION: Notification of limited waiver of the slot usage requirement.

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

SUMMARY: This action grants a limited, conditional waiver of the
minimum slot usage requirements at Ronald Reagan Washington National
Airport (DCA) due

to runway construction and closures at the airport in 2023 and for
impacted flights between DCA and slot-controlled airports John F.
Kennedy International Airport (JFK) and LaGuardia Airport (LGA). In
addition, the FAA will provide similar limited, conditional relief at
Newark Liberty International Airport (EWR) under the FAA's Level 2
schedule facilitation process.

DATES: The usage waiver and policies in this notification are effective
on December 27, 2022 and apply from April 1, 2023, through November 30,
2023.

ADDRESSES: Requests may be submitted by mail to the Slot Administration
Office, System Operations Services, AJR-0, Room 300W, 800 Independence
Avenue SW, Washington, DC 20591, or by email to: [email protected].

FOR FURTHER INFORMATION CONTACT: For questions concerning this
notification contact: Al Meilus, Slot Administration and Capacity
Analysis, FAA ATO System Operations Services, AJR-G5, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Metropolitan Washington Airports Authority (MWAA) plans
airfield and runway construction at DCA beginning in 2023 and
continuing into 2024. The main Runway 1-19 will be closed nightly from
approximately May 1, 2023, through October 15, 2023, from 11:00 p.m. to
5:59 a.m. Eastern Time on weekdays and potentially on weekends
depending on the construction project's progress. Runway 4-22 will be
closed nightly and open for Runway 4 daytime departures only for the
duration of the construction project. Runway 15-33 will have nightly
closures in late April 2023 and again in mid-June to late July 2023,
including the intersection with Runway 1-19. Associated taxiways will
also be rehabilitated during the project.
    The FAA limits the number of arrivals and departures at DCA through
the implementation of the High Density Rule (HDR).\1\ The HDR hourly
limits at DCA are 37 air carrier slots, 11 commuter slots, and 12
reservations available for other operations.\2\ The ``Other'' class of
users is limited to unscheduled operations such as general aviation,
charters, military, and non-passenger flights and is not intended for
scheduled flight or other regularly conducted commercial operations.
The FAA limits the number of arrivals and departures at JFK and LGA by
FAA Order.\3\
---------------------------------------------------------------------------

    \1\ 33 FR 17896 (Dec. 3, 1968). The FAA codified the rules for
operating at high-density traffic airports in 14 CFR part 93,
subpart K. The HDR requires carriers to hold a reservation, known as
a ``slot,'' for each takeoff or landing under instrument flight
rules at the high-density traffic airports. Currently, only
operations at DCA are limited by the HDR.
    \2\ 14 CFR 93.123.
    \3\ Operating Limitations at John F. Kennedy International
Airport. 73 FR 3510 (Jan. 18, 2008), as amended, and most recently
extended by 87 FR 65161 (Oct. 28, 2022). Operating Limitations at
New York LaGuardia Airport. 71 FR 77854 (Dec. 27, 2006), as amended,
and most recently extended by 87 FR 65159 (Oct. 28, 2022).
---------------------------------------------------------------------------

    At DCA, JFK, and LGA, each slot must be used a minimum of 80
percent of the time.\4\ At DCA and LGA, any slot not used at least 80
percent of the time over a two-month period will be recalled by the
FAA.\5\ At JFK, usage is calculated seasonally, slots not meeting the
minimum usage requirement will not receive historic status for the
following equivalent scheduling season.\6\ The FAA may waive the 80
percent minimum usage requirement if a highly unusual and unpredictable
condition beyond the control of the slot-holding air carrier affects
carrier operations for a period of five consecutive days or more at JFK
and LGA and nine consecutive days or more at DCA.\7\
---------------------------------------------------------------------------

    \4\ Operating Limitations at John F. Kennedy International
Airport, 87 FR 65161 at 65162 (Oct. 28, 2022); Operating Limitations
at New York LaGuardia Airport, 87 FR 65159 at 65160 (Oct. 28, 2022);
14 CFR 93.227(a).
    \5\ Operating Limitations at New York LaGuardia Airport, 87 FR
65159 at 65160 (Oct. 28, 2022); 14 CFR 93.227(a).
    \6\ Operating Limitations at John F. Kennedy International
Airport, 87 FR 65161 at 65162 (Oct. 28, 2022).
    \7\ Operating Limitations at John F. Kennedy International
Airport, 87 FR 65161 at 65163 (Oct. 28, 2022); Operating Limitations
at New York LaGuardia Airport, 87 FR 65159 at 65160 (Oct. 28, 2022);
14 CFR 93.227(j).
---------------------------------------------------------------------------

    The FAA designated EWR a Level 2 airport under the Worldwide Slot
Guidelines (WSG), now known as the Worldwide Airport Slot Guidelines
(WASG). The FAA does not allocate slots, apply historic precedence, or
impose minimum usage requirements at EWR. Level 2 schedule facilitation
depends upon close and continuous discussions and voluntary agreement
between airlines and the FAA to reduce congestion. At Level 2 airports,
the FAA generally provides priority consideration for flights approved
by the FAA and operated by the carrier in those approved times in the
prior scheduling season when the FAA reviews proposed flights for
facilitation in the next corresponding scheduling season. However, the
FAA notes that the usual Level 2 processes include flexibility for the
facilitator to prioritize planned flights, which are canceled in
advance or on the day of the scheduled operation due to operational
impacts that are beyond the control of the carrier.

Summary of Petitions Received

    On November 30, 2022, Airlines for America (A4A) filed a petition
on behalf of member and associate member airlines requesting a limited
waiver of the minimum slot usage rules at DCA due to the impending
runway construction. The petition also sought either a limited waiver
of the minimum slot usage requirements or schedule relief at LGA, EWR,
and JFK for slots or movements for nonstop flights to and from DCA
during specified hours. A4A states that ``construction at DCA will
impose conditions that will significantly impact operations and those
conditions are beyond the control of the slot holders, thereby
providing good cause for the requested waiver.'' A4A indicates ``the
nighttime closing of the main Runway 1-19 will significantly impact
carriers that hold slots in the 2300 hour by forcing them to use Runway
15-33 or not operate.'' A4A notes that ``for many carriers, the option
to use 15-33 will have a negative impact because some aircraft, such as
the 737-900/ER/MAX are unable to use runway 15-33'' and ``other
aircraft will need to apply hefty payload penalties to operate on
runway 15-33, for example some aircraft would need to reduce between 50
and 75 passengers on all but the shortest routes.''
    A4A also requests relief for slot pairs associated with the 2300-
0559 closure period, noting carriers may seek alleviation for the
closures slot's pair, which may be outside the 2300-0600 hours and
requests the FAA ``work with carriers on an individual basis to
determine their slot pairing needs and requests as carriers' monthly
schedules develop.''
    In addition, A4A requests relief for slot usage associated with
several operations between DCA and JFK, EWR, or LGA. Specifically, A4A
requests the FAA grant slot usage or schedule alleviation to
``departure slots between 2100 and 2200 used for nonstop service to
DCA, as such flights typically arrive at DCA in the 2300 hour'' and
``for any DCA departure slots between 0500 and 0659 used for nonstop
service to those slot-controlled or schedule facilitated New York
airports.''
    Southwest Airlines Co. (Southwest) filed a request for temporary
slot flexibility at DCA on December 5, 2022. Specifically, Southwest
requests that the FAA permit Southwest to move three flights currently
scheduled in the 2300

hour to available hours earlier in the day rather than canceling the
flights during the DCA construction and closure periods. Southwest does
not oppose the waiver request filed by A4A but ``believes that FAA
should pursue the goal of enabling carriers to maintain all possible
capacity at DCA to promote competition, maintain low fares, and ensure
nonstop travel options for the flying public.'' Southwest states there
is available capacity in other hours for Southwest to move its flights
without exceeding hours limits based on 60 operations per hour.\8\
---------------------------------------------------------------------------

    \8\ The High Density Rule hourly limits for DCA are 37 air
carrier slots, 11 commuter slots, and 12 reservations available for
Other operations. The Other category is limited to unscheduled
operations such as general aviation, charters, military, and non-
passenger flights and is not intended for scheduled flight or other
regularly conducted commercial operations.
---------------------------------------------------------------------------

FAA Analysis and Decision

    The FAA has determined the DCA airport construction and runway
closures warrant limited, conditional relief from the minimum slot
usage requirements because the impacts to operations in certain hours
are beyond the carriers' control and will exist for several months. The
closures from 2300-0559 Eastern Time are expected to impact operations
as described by A4A and Southwest.
    DCA is a high-demand airport, and carriers have indicated they plan
to operate flights if feasible. There are typically 15 to 16 arrivals
in the 2300 hour with the corresponding aircraft used for departures in
the morning hours with additional potential for a few cancellations in
the late evening hours and the corresponding departures. The FAA is not
limiting the relief to certain hours in order to provide some degree of
flexibility to carriers to allow them to balance schedules and slot
pairs. However, the FAA may require carriers to justify how returned
slots are impacted by the runway closure if returned slots are not
during or adjacent to the runway closure periods.
    The FAA will work individually with carriers on retiming and
schedule adjustment options; however, the FAA will not retime air
carrier operations into hours that are currently at the air carrier
slot limit. The FAA notes that carriers at DCA regularly engage in
swapping slots for retiming purposes or in temporary leasing of slots
and those options remain available for carriers to manage slot holdings
at the airport.
    In addition, the FAA is extending a limited, conditional waiver
from minimum usage requirements at JFK and LGA and providing similar
relief at EWR under the Level 2 process for departure slots or approved
schedules between 2100 and 2200 used for nonstop service to DCA, as
well as slots or approved schedules associated with a DCA departure
between 0500 and 0659 used for nonstop service to those slot-controlled
or schedule facilitated New York City area airports. Carriers may also
choose to use those slots at JFK and LGA or the approved runway times
at EWR for operations to other markets than DCA.
    The FAA will treat as used the specific slots impacted by the
construction for the period from April 1, 2023, through November 30,
2023. This provides some time before and after the currently planned
runway closure dates to accommodate potential changes to the
construction schedule and provide carriers that may need some relief on
either side of the current anticipated construction dates to phase in
or phase out current operations. The relief is subject to the following
conditions:
    1. The specific slots must be returned to the FAA at least four
weeks prior to the date of the FAA-approved operation, by submission to
[email protected].
    2. Slots newly allocated after December 1, 2022, for initial use
before November 30, 2023, are not eligible for relief.
    3. Slots authorized at DCA by Department of Transportation or FAA
exemptions are not eligible for relief.
    4. At JFK, LGA, and EWR only departure slots or approved schedules
between 2100 and 2200 used for nonstop service to DCA and slots or
approved schedules associated with a DCA departure between 0500 and
0659 used for nonstop service to those slot-controlled or schedule
facilitated New York City area airport are eligible for relief.

    Issued in Washington, DC.
Marc A. Nichols,
Chief Counsel.
Alyce Hood-Fleming,
Vice President, System Operations Services.
[FR Doc. 2022-27967 Filed 12-23-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Notices]
[Pages 46079-46081]
[FR Doc No: 2017-21177]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-4563]

Johnson & Johnson Consumer Inc. et al.; Withdrawal of Approval of
7 New Drug Applications and 71 Abbreviated New Drug Applications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is withdrawing approval
of 7 new drug applications (NDAs) and 71 abbreviated new drug
applications (ANDAs) from multiple

applicants. The holders of the applications notified the Agency in
writing that the drug products were no longer marketed and requested
that the approval of the applications be withdrawn.

DATES: Withdrawal of approval is effective November 2, 2017.

FOR FURTHER INFORMATION CONTACT: Florine P. Purdie, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6248, Silver Spring, MD 20993-0002, 301-
796-3601.

SUPPLEMENTARY INFORMATION: The holders of the applications listed in
the table have informed FDA that these drug products are no longer
marketed and have requested that FDA withdraw approval of the
applications pursuant to the process in Sec.  314.150(c) (21 CFR
314.150(c)). The applicants have also, by their requests, waived their
opportunity for a hearing. Withdrawal of approval of an application or
abbreviated application under Sec.  314.150(c) is without prejudice to
refiling.

----------------------------------------------------------------------------------------------------------------
             Application No.                            Drug                              Applicant
----------------------------------------------------------------------------------------------------------------
NDA 014349..............................  Delfen (nonoxynol-9)              Johnson & Johnson Consumer Inc., 199
                                           Contraceptive Foam, 12.5%.        Grandview Rd., Skillman, NJ 08558.
ANDA 019346.............................  Dextrose 60% Injection USP in     Hospira, Inc., 275 North Field Dr.,
                                           Plastic Container.                Dept. 389, Bldg. H2-2, Lake Forest,
                                                                             IL 60045.
NDA 019810..............................  Prilosec (omeprazole) Delayed-    AstraZeneca Pharmaceuticals LP, One
                                           Release Capsules, 10 milligrams   MedImmune Way, Gaithersburg, MD
                                           (mg), 20 mg, and 40 mg.           20878.
NDA 020184..............................  Aceon (perindopril erbumine)      Symplmed Pharmaceuticals, LLC, 5375
                                           Tablets, 2 mg, 4 mg, and 8 mg.    Medspace Way, Cincinnati, OH 45227.
NDA 022345..............................  Potiga (ezogabine) Tablets, 50    GlaxoSmithKline Intellectual
                                           mg, 200 mg, 300 mg, and 400 mg.   Property Management LTD England, c/
                                                                             o GlaxoSmithKline, 1250 South
                                                                             Collegeville Road, P.O. Box 5089,
                                                                             Collegeville, PA 19426.
NDA 021712..............................  Fluxid (famotidine) Orally        UCB, Inc., 1950 Lake Park Dr., Bldg.
                                           Disintegrating Tablets, 20 mg     2100, Smyrna, GA 30080.
                                           and 40 mg.
ANDA 040108.............................  Acetazolamide for Injection USP,  Hospira, Inc.
                                           Equivalent to (EQ) 500 mg base/
                                           vial.
ANDA 040206.............................  Digoxin Injection USP, 0.25 mg/    Do.
                                           milliliter (mL).
ANDA 040527.............................  Phentermine Hydrochloride (HCl)   Sun Pharmaceutical Industries, Inc.,
                                           Capsules USP, 37.5 mg.            270 Prospect Plains Rd., Cranbury,
                                                                             NJ 08512.
ANDA 040899.............................  Hydroxyzine HCl Tablets USP, 10    Do.
                                           mg, 25 mg, and 50 mg.
ANDA 060099.............................  Penicillin G Procaine for         Pfizer Inc., 235 East 42nd St., New
                                           Injection, 300,000 units/vial     York, NY 10017.
                                           and 1,500,000 units/vial.
ANDA 063161.............................  Tobramycin Injection USP, EQ 40   Hospira, Inc.
                                           mg base/mL.
ANDA 070171.............................  Naloxone HCl Injection USP, 0.02   Do.
                                           mg/mL.
ANDA 070186.............................  Disopyramide Phosphate Capsules   Ivax Pharmaceuticals, Inc.,
                                           USP, EQ 100 mg base.              Subsidiary of Teva Pharmaceuticals
                                                                             USA, Inc., 425 Privet Rd., Horsham,
                                                                             PA 19044.
ANDA 070233.............................  Propranolol HCl Tablets USP, 20   Teva Pharmaceuticals USA, Inc., 425
                                           mg.                               Privet Rd., Horsham, PA 19044.
ANDA 070255.............................  Naloxone HCl Injection, 0.4 mg/   Hospira, Inc.
                                           mL.
ANDA 070698.............................  Methyldopate HCl Injection USP,    Do.
                                           50 mg/mL, ADD-Vantage Vial.
ANDA 070699.............................  Methyldopate HCl Injection USP,    Do.
                                           50 mg/mL, Fliptop Vial.
ANDA 070739.............................  Verapamil HCl Injection, 2.5 mg/   Do.
                                           mL, 2 mL Abbojet-PA Syringe.
ANDA 070740.............................  Verapamil HCl Injection, 2.5 mg/   Do.
                                           mL, 4 mL Abbojet Syringe Vial.
ANDA 070803.............................  Enflurane USP, 99.9%............  Abbott Laboratories, Hospital
                                                                             Products Division, 200 Abbott Park
                                                                             Rd., D389, Bldg. J45-2, Abbott
                                                                             Park, IL 60064.
ANDA 070888.............................  Aminocaproic Acid Injection USP,  Hospira, Inc.
                                           250 mg/mL.
ANDA 071357.............................  Tolazamide Tablets USP, 100 mg..  Sun Pharmaceutical Industries, Inc.
ANDA 071438.............................  Ritodrine HCl in Dextrose 5%      Hospira, Inc.
                                           Injection, 30 mg/100 mL.
ANDA 071618.............................  Ritodrine HCl Injection USP, 10    Do.
                                           mg/mL.
ANDA 071619.............................  Ritodrine HCl Injection USP, 15    Do.
                                           mg/mL.
ANDA 071982.............................  Droperidol and Fentanyl Citrate    Do.
                                           Injection, 2.5 mg/mL and EQ
                                           0.05 mg base/mL.
ANDA 072321.............................  Pancuronium Bromide Injection, 2   Do.
                                           mg/mL.
ANDA 073199.............................  Sulfamethoxazole and               Do.
                                           Trimethoprim Injection USP, 80
                                           mg/mL and 16 mg/mL.
ANDA 073310.............................  Tolmetin Sodium Tablets USP, EQ   Sun Pharmaceutical Industries, Inc.
                                           200 mg base.
ANDA 073428.............................  CO-LAV (polyethylene glycol 3350  Vintage Pharmaceuticals, 150 Vintage
                                           and electrolytes) for Oral        Dr., Huntsville, AL 35811.
                                           Suspension.
ANDA 073433.............................  GO-EVAC (polyethylene glycol       Do.
                                           3350 and electrolytes) for Oral
                                           Suspension.
ANDA 073677.............................  Carbastat (carbachol)             Novartis Pharmaceuticals Corp., One
                                           Intraocular Solution, 0.01%.      Health Plaza, East Hanover, NJ
                                                                             07936.
ANDA 074168.............................  Diltiazem HCl Tablets USP, 30     Ivax Pharmaceuticals, Inc.,
                                           mg, 60 mg, 90 mg, and 120 mg.     Subsidiary of Teva Pharmaceuticals
                                                                             USA, Inc.
ANDA 074280.............................  Lorazepam Injection USP, 2 mg/mL  Hospira, Inc.
                                           and 4 mg/mL.
ANDA 074296.............................  Cimetidine HCl Injection, EQ 300   Do.
                                           mg base/2 mL (Carpuject).
ANDA 074412.............................  Cimetidine HCl Injection, EQ 300   Do.
                                           mg base/2 mL.
ANDA 074422.............................  Cimetidine HCl Injection, EQ 300   Do.
                                           mg base/2 mL, ADD-Vantage Vial.
ANDA 074468.............................  Cimetidine HCl in Sodium           Do.
                                           Chloride 0.9% Injection in
                                           Plastic Container, EQ 90 mg
                                           base/100 mL, EQ 120 mg base/100
                                           mL, EQ 180 mg base/100 mL, EQ
                                           240 mg base/100 mL, EQ 360 mg/
                                           100 mL, and EQ 480 mg base/100
                                           mL.
ANDA 074620.............................  Butorphanol Tartrate Injection     Do.
                                           USP, 1 mg/mL and 2 mg/mL.
ANDA 074758.............................  Acyclovir for Injection USP, EQ    Do.
                                           500 mg base/vial and EQ 1 gram
                                           (g) base/vial.

ANDA 074801.............................  Ketorolac Tromethamine Injection   Do.
                                           USP, 15 mg/mL and 30 mg/mL.
ANDA 075385.............................  Buspirone HCl Tablets USP, 5 mg,  Ivax Pharmaceuticals, Inc.,
                                           10 mg, and 15 mg.                 Subsidiary of Teva Pharmaceuticals
                                                                             USA, Inc.
ANDA 075453.............................  Doxazosin Tablets USP, EQ 1 mg     Do.
                                           base, EQ 2 mg base, EQ 4 mg
                                           base, and EQ 8 mg base.
ANDA 076883.............................  Sotalol HCl Tablets USP, 80 mg,   Teva Pharmaceuticals USA, Inc.
                                           120 mg, and 160 mg.
ANDA 077052.............................  Citalopram Hydrobromide Tablets,  Sun Pharmaceutical Industries, Inc.
                                           EQ 10 mg base, EQ 20 mg base,
                                           and EQ 40 mg base.
ANDA 077937.............................  Meloxicam Tablets, 7.5 mg and 15   Do.
                                           mg.
ANDA 078081.............................  Amlodipine Besylate Tablets, EQ    Do.
                                           2.5 mg base, EQ 5 mg base, and
                                           EQ 10 mg base.
ANDA 078158.............................  Fosphenytoin Sodium Injection     Hospira, Inc.
                                           USP, EQ 50 mg Phenytoin Soudium/
                                           mL.
ANDA 078483.............................  Zolpidem Tartrate Extended-       Synthon Pharmaceuticals, Inc., 1007
                                           Release Tablets USP, 6.25 mg      Slater Rd., Suite 150, Durham, NC
                                           and 12.5 mg.                      27703.
ANDA 080136.............................  Isoniazid Tablets, 100 mg.......  Sun Pharmaceutical Industries, Inc.
ANDA 080209.............................  Prednisone Tablets USP, 5 mg....  Contract Pharmacal Corp., c/o
                                                                             SciRegs International Inc., 6333
                                                                             Summercrest Dr., Columbia, MD
                                                                             21045.
ANDA 080224.............................  Sorbitol; Mannitol Irrigation     Hospira, Inc.
                                           Solution, 2.7 g/100 mL; 540 mg/
                                           100 mL.
ANDA 083345.............................  Potassium Chloride for Injection   Do.
                                           Concentrate USP, 1
                                           milliequivalent (mEQ)/mL, 1.5
                                           mEQ/mL, and 2 mEQ/mL.
ANDA 083808.............................  Quinidine Sulfate Tablets USP,    Contract Pharmacal Corp., c/o
                                           200 mg.                           SciRegs International Inc.
ANDA 084623.............................  Chlordiazepoxide HCl Capsules     Upsher-Smith Laboratories, Inc.,
                                           USP, 10 mg.                       6701 Evenstad Dr., Maple Grove, MN
                                                                             55369.
ANDA 084644.............................  Chlordiazepoxide HCl Capsules      Do.
                                           USP, 5 mg.
ANDA 084710.............................  Ogen (estropipate) Vaginal Cream  Pfizer Inc.
                                           USP, 1.5 mg/g.
ANDA 085061.............................  Folic Acid Tablets USP, 1 mg....  Contract Pharmacal Corp., c/o
                                                                             SciRegs International Inc.
ANDA 085933.............................  Phentermine HCl Tablets USP.....  Lemmon Co., 650 Cathill Rd.,
                                                                             Sellersville, PA 18960.
ANDA 086494.............................  Chlordiazepoxide HCl Capsules,    Teva Pharmaceuticals USA, Inc.
                                           25 mg.
ANDA 086821.............................  Hydroxyzine HCl Injection USP,    Hospira, Inc.
                                           50 mg/mL.
ANDA 087416.............................  Hydroxyzine HCl Injection USP,     Do.
                                           25 mg/mL, Carpuject.
ANDA 087546.............................  Hydroxyzine HCl Injection USP,     Do.
                                           50 mg/mL, Carpuject.
ANDA 087862.............................  Hydroxyzine HCl Tablets USP, 100  Sun Pharmaceutical Industries, Inc.
                                           mg.
ANDA 088147.............................  Aminophylline in Sodium Chloride  Hospira, Inc.
                                           0.45% Injection, 100 mg/100 mL
                                           and 200 mg/100 mL.
ANDA 088367.............................  Lidocaine HCl Injection USP, 10%   Do.
ANDA 088542.............................  Lidocaine HCl Injection USP, 4%.   Do.
ANDA 089162.............................  Cyclopentolate HCl Ophthalmic     Alcon Pharmaceuticals, Ltd., 6201
                                           Solution, 1%.                     South Freeway TC-45, Fort Worth, TX
                                                                             76134.
ANDA 089347.............................  Diatrizoate Meglumine and         Bracco Diagnostics Inc., 259
                                           Diatrizoate Sodium Injection      Prospect Plains Rd., Bldg. H,
                                           USP, 66%; 10%.                    Monroe Township, NJ 08831.
ANDA 089393.............................  Glycopyrrolate Injection USP,     Hospira, Inc.
                                           0.2 mg/mL.
ANDA 089488.............................  Diphenhydramine HCl Capsules, 25  Sun Pharmaceutical Industries, Inc.
                                           mg.
ANDA 089521.............................  Phenytoin Sodium Injection USP,   Hospira, Inc.
                                           50 mg/mL, Ampule.
ANDA 089537.............................  Procainamide HCl Injection USP,    Do.
                                           500 mg/mL, Carpuject.
ANDA 089744.............................  Phenytoin Sodium Injection USP,    Do.
                                           50 mg/mL, Carpuject.
ANDA 089915.............................  Leucovorin Calcium for            Pharmachemie B.V., c/o SICOR
                                           Injection, EQ 100 mg base/vial.   Pharmaceuticals, Inc., 19 Hughes,
                                                                             Irvine, CA 92618.
NDA 202258..............................  Victrelis (boceprevir) Capsules,  Merck Sharp & Dohme Corp.,
                                           200 mg.                           Subsidiary of Merck & Company,
                                                                             Inc., 1 Merck Dr., P.O. Box 100,
                                                                             Whitehouse Station, NJ 08889.
NDA 203093..............................  Vitekta (elvitegravir) Tablets,   Gilead Sciences, Inc., 333 Lakeside
                                           85 mg and 150 mg.                 Dr., Foster City, CA 94404.
----------------------------------------------------------------------------------------------------------------

    Therefore, approval of the applications listed in the table, and
all amendments and supplements thereto, is hereby withdrawn, effective
November 2, 2017. Introduction or delivery for introduction into
interstate commerce of products without approved new drug applications
violates section 301(a) and (d) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 331(a) and (d)). Drug products that are listed in the
table that are in inventory on the date that this notice becomes
effective (see DATES) may continue to be dispensed until the
inventories have been depleted or the drug products have reached their
expiration dates or otherwise become violative, whichever occurs first.

    Dated: September 27, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-21177 Filed 10-2-17; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 78, Number 220 (Thursday, November 14, 2013)]
[Notices]
[Pages 68480-68482]
[FR Doc No: 2013-27201]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70826; File No. SR-ICC-2013-08]

Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Filing of Proposed Rule Change to Add Rules Related to the Clearing of
MCDX Index CDS Contracts and Make Conforming Changes to Existing Rules

November 7, 2013.
    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 October 25, 2013, ICE Clear Credit LLC (``ICC'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I, II, and III below, which Items have
been prepared primarily by ICC. 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 Substance
of the Proposed Rule Change

    The purpose of the proposed rule change is to adopt new rules that
will provide the basis for ICC to clear additional credit default swap
contracts. Specifically, ICC is proposing to amend Chapter 26 of its
rules to add Section 26H to provide for the clearance of the MCDX
Untranched Contracts (``MCDX Contracts''). MCDX Contracts are credit
default swap (``CDS'') contracts that reference an index of municipal
issuers.
    As discussed in more detail in Item II.A below, Section 26H (MCDX
Untranched Contracts) provides for the definitions and certain specific
contract terms for cleared MCDX Contracts. Conforming changes are also
made to the definition of ``CDS Restructuring Rules'' in Chapter 20
(Credit Default Swaps) and to Rule 2101-02(a)(iii) (Role of the
Regional CDS Committees) to clarify cross-references to the CDS
Restructuring Rules set forth in Section 26E of the Rules. Section 26E
(CDS Restructuring Rules) is modified to provide that it will not apply
to MCDX Contracts (as such contracts are automatically triggered in the
event of a restructuring credit event, as discussed below).

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

    In its filing with the Commission, ICC 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. ICC has prepared summaries, set forth in sections A, B,
and C below, of the most significant aspects of these statements.

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

    ICC has identified MCDX Contracts as a product that has become
increasingly important for market participants to manage risk and
express views with respect to municipal issuer credit. ICC's clearance
of MCDX Contracts will facilitate the prompt and accurate settlement of
swaps and contribute to the safeguarding of securities and funds
associated with swap transactions.
    MCDX Contracts have similar terms to the CDX North American Index
CDS contracts (``CDX.NA Contracts'') currently cleared by ICC and
governed by Section 26A of the ICC rules. Accordingly, the proposed
rules found in Section 26H largely mirror the ICC rules for CDX.NA
Contracts in Section 26A, with certain modifications that reflect the
underlying reference entities (municipal issuer reference entities
instead of corporate reference entities) and differences in terms and
market conventions between MCDX Contracts and CDX.NA Contracts.
    The MCDX Contracts reference the MCDX Index, the current series of
which consists of 50 municipal issuers. MCDX Contracts, consistent with
market convention and widely used standard terms documentation, can be
triggered by credit events for failure to pay or restructuring (by
contrast to the credit events of failure to pay and bankruptcy
applicable to the CDX.NA Contracts). In the event of a restructuring,
all outstanding positions are automatically triggered. Thus, from a
clearing perspective, restructuring credit events would be handled in
the same way as a failure to pay credit event (and would not require
the additional restructuring triggering procedures that are used for
certain corporate and sovereign CDS contracts). MCDX Contracts will
only be denominated in U.S. dollars.
    Rule 26H-102 (Definitions) sets forth the definitions used for the
MCDX Contract Rules. An ``Eligible MCDX Untranched Index'' is defined
as ``each particular series and version of a MCDX index or sub-index,
as published by the MCDX Untranched Publisher, determined by ICE Clear
Credit to be eligible and included in the List of Eligible MCDX
Untranched Indexes.'' ``MCDX Untranched Terms Supplement'' refers to
the market standard form of documentation used for credit default swaps
on the MCDX index, which is incorporated by reference into the contract
specifications in Section 26H. The remaining definitions are
substantially the same as the definitions found in ICC Section 26A,
other than certain conforming changes.
    Rules 26H-309 (Acceptance of MCDX Untranched Contracts by ICE Clear
Credit), 26H-315 (Terms of the Cleared MCDX Untranched Contract), and
26H-316 (Updating Index Version of Fungible Contracts After a Credit
Event or a Succession Event; Updating Relevant Untranched Standard
Terms Supplement) reflect or incorporate the basic contract
specifications for MCDX Contracts and are substantially the same as
under ICC Section 26A for CDX.NA Contracts. In addition to various non-
substantive conforming changes, proposed Rule 26H-317 (Terms of MCDX
Untranched Contracts) differs from the corresponding Rule 26A-317 to
reflect the fact that restructuring is a credit event for the MCDX
Contract. (CDX.NA Contracts currently cleared by ICC do not use the
restructuring credit event. However, unlike the case with other
corporate and sovereign CDS, in the event of a restructuring for an
MCDX reference entity, all outstanding positions are automatically
triggered. Thus, from a clearing perspective MCDX restructuring events
would be handled in the same way as a failure to pay.)
    Because of the automatic triggering following a restructuring
credit event, the provisions of Section 26E of the Rules are not
necessary for MCDX Contracts, and Section 26E is amended to provide
that it does not apply to MCDX Contracts. A conforming change is made
to the definition of ``CDS Restructuring Rules'' in Chapter 20 (Credit
Default Swaps) to make reference to the rules set forth in Section 26E
(CDS Restructuring Rules) of the Rules. In addition, Rule 2101-
02(a)(iii) (Role of the Regional CDS Committees) is modified to make
reference to the CDS Restructuring Rules set forth in Section 26E of
the Rules.
    Section 17(A)(b)(3)(F) of the Act \3\ requires, among other things,
that the rules of a clearing agency be designed to promote the prompt
and accurate clearance and settlement of securities transactions and,
to the extent applicable, derivative agreements, contracts, and
transactions. ICC believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to ICC, in particular, to Section 17(A)(b)(3)(F),
because ICC believes that the clearance of MCDX Contracts will
facilitate the prompt and accurate settlement of securities and
contribute to the safeguarding of securities and funds associated with
swap transactions in ICC's custody or control, or for which ICC is
responsible.
---------------------------------------------------------------------------

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

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

    MCDX Contracts will be available to all ICC Participants for
clearing. The clearing of MCDX Contracts by ICC does not preclude the
offering of MCDX Contracts for clearing by other market participants.
In addition, ICC does not anticipate that accepting MCDX Contracts for
clearing will have any adverse effect on the trading market for the
contract. Therefore, ICC does not believe the proposed rule change
would have any impact, or impose any burden, on competition.

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

    ICC has consulted with its Participants and non-member market
participants concerning the proposed rule change. Written comments
relating to the proposed rule change have not been solicited or
received. ICC will notify the Commission of any written comments
received by ICC.

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 up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) by order approve or disapprove the proposed rule change or

    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ICC-2013-08 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-ICC-2013-08. 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 filings also will be available for inspection and
copying at the principal office of ICE Clear Credit and on ICE Clear
Credit's Web site at https://www.theice.com/notices/Notices.shtml?regulatoryFilings.
    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-ICC-2013-08
and should be submitted on or before December 5, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\4\
---------------------------------------------------------------------------

    \4\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-27201 Filed 11-13-13; 8:45 am]
BILLING CODE 8011-01-P