Verdigris River and flooding effects  Approximately 1,080             None         +580  Town of Fair Oaks.
 of the Verdigris River.               feet downstream of the
                                       confluence with
                                       Unnamed Stream.
                                      Approximately 621 feet          None         +580
                                       downstream of the
                                       confluence with
                                       Unnamed Stream.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

Town of Fair Oaks
Maps are available for inspection at 219 South Missouri Street, Claremore, OK 74017.
----------------------------------------------------------------------------------------------------------------
                               Meade County, South Dakota, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bear Butte Creek....................  Approximately 3,000             None       +3,341  Unincorporated Areas of
                                       feet downstream of                                 Meade County.
                                       Blanche Street.
                                      Approximately 1,632             None       +3,351
                                       feet downstream of
                                       Blanche Street.
                                      Approximately 675 feet        +3,472       +3,473
                                       upstream of 14th
                                       Street.
                                      Approximately 630 feet        +3,482       +3,480
                                       upstream of 13th
                                       Street.
Blackhawk Creek.....................  Approximately 20 feet           None       +3,382  Unincorporated Areas of
                                       downstream of Deadwood                             Meade County.
                                       Avenue North.
                                      Approximately 3,800             None       +3,754
                                       feet upstream of
                                       Anderson Road.
Cook Canyon Creek...................  Approximately 2,550             None       +3,593  Unincorporated Areas of
                                       feet upstream of Short                             Meade County.
                                       Track Road.
                                      Approximately 450 feet          None       +3,596
                                       upstream of I-90.
Deadman Gulch.......................  Approximately 180 feet        +3,509       +3,506  Unincorporated Areas of
                                       upstream of Ballpark                               Meade County.
                                       Road.
                                      Approximately 250 feet        +3,534       +3,530
                                       downstream of I-90
                                       West.
                                      Approximately 50 feet           None       +3,604
                                       upstream of Elk Road.
                                      Approximately 100 feet          None       +3,808
                                       upstream of Elk Road.
Dolan Creek.........................  Approximately 500 feet          None       +3,452  Unincorporated Areas of
                                       upstream of West                                   Meade County.
                                       Farley Street.

                                      Approximately 1,250             None       +3,466
                                       feet downstream of I-
                                       90.
                                      Approximately 80 feet           None       +3,579
                                       upstream of Pine Glenn
                                       Drive.
                                      Approximately 160 feet          None       +3,615
                                       upstream of Glenn
                                       Ridge Court.
East Vanocker Creek.................  Approximately 50 feet           None       +3,555  Unincorporated Areas of
                                       downstream of Chicago                              Meade County.
                                       and Northwestern
                                       Railroad.
                                      Approximately 1,660             None       +3,564
                                       feet upstream of
                                       Chicago and
                                       Northwestern Railroad.
Middle Cook Canyon Creek............  Approximately 1,400             None       +3,562  Unincorporated Areas of
                                       feet upstream of Short                             Meade County.
                                       Track Road.
                                      Approximately 1,950             None       +3,596
                                       feet upstream of Short
                                       Track Road.
South Cook Canyon Creek.............  Approximately 1,050             None       +3,552  Unincorporated Areas of
                                       feet upstream of Short                             Meade County.
                                       Track Road.
                                      Approximately 1,835             None       +3,582
                                       feet upstream of Short
                                       Track Road.
South Dolan Creek...................  Approximately 2,050             None       +3,572  Unincorporated Areas of
                                       feet upstream of Dolan                             Meade County.
                                       Creek Road.
                                      Approximately 2,400             None       +3,575
                                       feet upstream of Dolan
                                       Creek Road.
Vanocker Creek......................  Approximately 900 feet          None       +3,462  Unincorporated Areas of
                                       downstream of Harmon                               Meade County.
                                       Street.
                                      Approximately 125 feet          None       +3,472
                                       downstream of Harmon
                                       Street.
                                      Approximately 30 feet           None       +3,596
                                       upstream of Vanocker
                                       Canyon Road.
                                      Approximately 200 feet          None       +3,597
                                       upstream of Vanocker
                                       Canyon Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                      Unincorporated Areas of Meade County
Maps are available for inspection at the Meade County Courthouse, 1425 Sherman Street, Sturgis, SD 57785.
----------------------------------------------------------------------------------------------------------------
                                 Grant County, Wisconsin, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Mississippi River...................  Approximately 2.4 miles         +611         +610  Unincorporated Areas of
                                       downstream of Lock and                             Grant County, Village
                                       Dam No. 11.                                        of Potosi.
                                      Approximately 10.8              +614         +613
                                       miles upstream of Lock
                                       and Dam No. 11.
Mississippi River...................  Approximately 7.4 miles         None         +625  Village of Bagley.
                                       upstream of Lock and
                                       Dam No. 10.
                                      Approximately 8.0 miles         None         +625
                                       upstream of Lock and
                                       Dam No. 10.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                      Unincorporated Areas of Grant County
Maps are available for inspection at 111 South Jefferson Street, Lancaster, WI 53813.

Village of Bagley

Maps are available for inspection at 400 South Jackley Lane, Bagley, WI 53801.

Village of Potosi
Maps are available for inspection at 105 North Main Street, Potosi, WI 53820.
----------------------------------------------------------------------------------------------------------------

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

    Dated: May 5, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-12462 Filed 5-24-10; 8:45 am]
BILLING CODE 9110-12-P


EPA REGISTRATION DIVISION COMPANY NOTICE OF FILING FOR PESTICIDE PETITIONS PUBLISHED IN THE FEDERAL REGISTER

EPA Registration Division contact: [insert name and telephone number with area code]

INSTRUCTIONS:  Please utilize this outline in preparing the pesticide petition.  In cases where the outline element does not apply, please insert "NA-Remove" and maintain the outline. Please do not change the margins, font, or format in your pesticide petition. Simply replace the instructions that appear in green, i.e., "[insert company name]," with the information specific to your action.

TEMPLATE:

Nutri AG Inc. 4740 N. Interstate 35 E  Waxahachie, Texas  75165      IN-11102

	EPA has received a pesticide petition (IN-11102) from Nutri AG Inc., 4740 N. Interstate 35 E, Waxahachie, Texas  75165   requesting, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180

	 to establish an exemption from the requirement of a tolerance for

	Fulvic Acid (CAS Reg. No. 479-66-3) under 40 CFR §180.910 when used as an inert ingredient used pre- and post-harvest. EPA has determined that the petition contains data or information regarding the elements set forth in section 408 (d)(2) of FDDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data supports granting of the petition. Additional data may be needed before EPA rules on the petition.

A. Residue Chemistry Fulvic Acid will be exempted from the requirement of a tolerance in 40 CFR §180.910 when used as an inert ingredient used pre- and post-harvest. Thus, residue data are not required.

	1. Plant metabolism. Not Applicable - Remove

	2. Analytical method. Not Applicable - Remove

	3. Magnitude of residues. Not Applicable - Remove

B. Toxicological Profile

The Nutri Ag Fulvic Acid is derived from a carbohydrate source. Humic substances and specifically fulvic acid are ubiquitous, essentially found wherever it has been analyzed for its presence.  Natural background levels are quite high, thus fulvic acid exposures to soil and aquatic organisms is constant and found at relatively high concentrations.

In soils, humic substances are the largest constituent of organic matter (∼60%) and are considered as a key component of the terrestrial ecosystem, being responsible for many complex chemical reactions in soil.  In waters of the United States, the average concentration of dissolved humic substances is 2.2 mg C/L or 4.4 mg/L expressed as humic substances and moreover, approximately 90% of the humic substances US surface waters are fulvic acids.

Due to its ubiquity, the US population is exposed to continuous and relatively high concentrations of fulvic acid on a regular basis.

	1. Acute toxicity.  [In acute studies, exposure to fulvic acid resulted in no observable or minimal toxicity.  The acute oral LD50 in rats is >5,000 mg/kg.  Minimal eye irritation ws observed with New Zealand Albino Rabbits.  Minimal dermal irritation was observed in an acute dermal study with New Zealand Albino Rabbits.  No Indications of sensitization has been observed in hypersensitivity studies.]

	2. Genotoxicty. [Mutagenic activity was determined by the Ames test procedures using Salmonella typhimurium TA100 and TA98. Humic acid was not found to be mutagenic, nor did it decrease spontaneous mutations. Moreover, fulvic acid has also shown to have desmutagenic effects with several known mutagens]

	3. Reproductive and developmental toxicity. [In a teratogenicity experiment, 10 pregnant rats received fulvic acid by gavage 3 days before fertilization to 14 days of pregnancy a dosage of 100mg/kg body weight diluted to an equal amount of distilled water. None of the animals died in the teratogenicity study, and no abnormalities were observed in the puppies. The weight growth patterns of the females during the pregnancy period between the groups were almost identical (results not shown). The report concluded that there was no indication of any developmental defects or pathological anatomical abnormalities were associated with fulvic acid treatment.]

	4. Subchronic toxicity. [Two separate oral exposure studies with male and female rats (by gavage) using 100 mg/kg body weight/day suggested that the product was nontoxic with regards to liver and kidney function in rats over a period of 6 months, when administered orally. Fulvic acid did cause a significant increase in serum AST levels after 6 weeks. However, this increase was not apparent upon completion of the trial at 6 months.

In a 30-day dermal toxicity and hypersensitivity study with female Balb C mice were topically exposed 400 mg/kg body weight of fulvic acid, twice a day for 30 days. The data suggested that fulvic acid, when applied topically, did not produce any hypersensitivity reactions and was nontoxic with regards to liver and kidney function in mice over a period of one month.]

	5. Chronic toxicity. [Insert text.]

	6. Animal metabolism.

      7. Metabolite toxicology. Not Applicable  -  Remove        	8. Endocrine disruption. [Insert text.]

C. Aggregate Exposure

	1. Dietary exposure. . 	i. Food.  	ii. Drinking water.  	2. Non-dietary exposure.  D. Cumulative Effects

	[Insert text.]

E. Safety Determination [Due to its ubiquity and high background levels particularly in soil and water, the US population is continuously exposed to high concentrations of humic substances including fulvic acid.  The proposed uses of fulvic acid as an inert in pesticide are well below background levels. Moreover, the low to non-toxic effects in the available public literature support an exemption from the requirement of a tolerance. ]

	1. U.S. population.  	2. Infants and children. [ ]

F. International Tolerances

	[Insert text.]


[Federal Register Volume 83, Number 206 (Wednesday, October 24, 2018)]
[Notices]
[Pages 53651-53652]
[FR Doc No: 2018-23161]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-B-1856]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before January 22, 2019.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://www.fema.gov/preliminaryfloodhazarddata and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1856, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email) [email protected].

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

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://www.fema.gov/preliminaryfloodhazarddata and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

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

David I. Maurstad,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
             Adams County, Pennsylvania (All Jurisdictions)
------------------------------------------------------------------------
           Project: 14-03-1939S Preliminary Date: May 16, 2018
------------------------------------------------------------------------
Borough of Bonneauville................  Bonneauville Borough Office, 46
                                          East Hanover Street,
                                          Gettysburg, PA 17325.
Borough of Carroll Valley..............  Carroll Valley Office, 5685
                                          Fairfield Road, Fairfield, PA
                                          17320.
Borough of Fairfield...................  Borough Office, 108 West Main
                                          Street, Fairfield, PA 17320.
Borough of Gettysburg..................  Municipal Building, 59 East
                                          High Street, Gettysburg, PA
                                          17325.
Borough of Littlestown.................  Borough Office, 10 South Queen
                                          Street, Littlestown, PA 17340.
Township of Cumberland.................  Cumberland Township Municipal
                                          Building, 1370 Fairfield Road,
                                          Gettysburg, PA 17325.
Township of Franklin...................  Franklin Township Building, 55
                                          Scott School Road, Orrtanna,
                                          PA 17353.
Township of Freedom....................  Freedom Township Office, 2184
                                          Pumping Station Road,
                                          Fairfield, PA 17320.
Township of Germany....................  Germany Township Municipal
                                          Building, 136 Ulricktown Road,
                                          Littlestown, PA 17340.
Township of Hamiltonban................  Hamiltonban Township Office, 23
                                          Carrolls Tract Road,
                                          Fairfield, PA 17320.
Township of Highland...................  Highland Township Municipal
                                          Building, 3641 Fairfield Road,
                                          Gettysburg, PA 17325.
Township of Liberty....................  Liberty Township Municipal
                                          Office, 39 Topper Road,
                                          Fairfield, PA 17320.
Township of Mount Joy..................  Mount Joy Township Municipal
                                          Building, 902 Hoffman Home
                                          Road, Gettysburg, PA 17325.
Township of Mount Pleasant.............  Mount Pleasant Township
                                          Municipal Building, 1035 Beck
                                          Road, Gettysburg, PA 17325.
Township of Straban....................  Straban Township Municipal
                                          Building, 1745 Granite Station
                                          Road, Gettysburg, PA 17325.
Township of Union......................  Union Township Municipal
                                          Building, 255 Pine Grove Road,
                                          Hanover, PA 17331.
------------------------------------------------------------------------

[FR Doc. 2018-23161 Filed 10-23-18; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register: February 27, 2008 (Volume 73, Number 39)]
[Notices]
[Page 10500-10501]
[DOCID:fr27fe08-86]

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

SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 482; SEC File No. 270-508; OMB Control No. 3235-0565.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501, et seq.) the Securities and Exchange
Commission (the ``Commission'') is soliciting comments on the
collection of information summarized below. The Commission plans to
submit this existing collection of information to the Office of
Management and Budget for extension and approval.
    Like most issuers of securities, when an investment company \1\
(``fund'') offers its shares to the public, its promotional efforts
become subject to the advertising restrictions of the Securities Act of
1933, (15 U.S.C. 77) as amended (the ``Securities Act''). In
recognition of the particular problems faced by funds that continually
offer securities and wish to advertise their securities, the Commission
has previously adopted advertising safe harbor rules. The most
important of these is Rule 482 (17 CFR 230.482) under the Securities
Act, which, under certain circumstances, permits funds to advertise
investment performance data, as well as other information. Rule 482
advertisements are deemed to be ``prospectuses'' under section 10(b) of
the Securities Act.\2\
---------------------------------------------------------------------------

    \1\ ``Investment company'' refers to both investment companies
registered under the Investment Company Act of 1940, as amended, and
business development companies.
    \2\ 15 U.S.C. 77j(b).
---------------------------------------------------------------------------

    Rule 482 contains certain requirements regarding the disclosure
that funds are required to provide in qualifying advertisements. These
requirements are intended to encourage the provision to investors of
information that is balanced and informative, particularly in the area
of investment performance. For example, a fund is required to include
disclosure advising investors to consider the fund's investment
objectives, risks, charges and expenses, and other information
described in the fund's prospectus or accompanying profile (if
applicable), and highlighting the availability of the fund's
prospectus. In addition, rule 482 advertisements that include
performance data of open-end funds or insurance company separate
accounts offering variable annuity contracts are required to include
certain standardized performance information, information about any
sales loads or other nonrecurring fees, and a legend warning that past
performance does not guarantee future results. Such funds including
performance information in rule 482 advertisements are also required to
make available to investors' month-end performance figures via Web site
disclosure or by a toll-free telephone number, and to disclose the
availability of the month-end performance data in the advertisement.
The rule also sets forth requirements regarding the prominence of
certain disclosures, requirements regarding advertisements that make
tax representations, requirements regarding advertisements used prior
to the effectiveness of the fund's registration statement, requirements
regarding the timeliness of performance data, and certain required
disclosures by money market funds.
    Rule 482 advertisements must be filed with the Commission or, in
the alternative, Financial Industry Regulatory Authority
(``FINRA'').\3\ This information collection differs from many other
federal information collections that are primarily for the use and
benefit of the collecting agency.
---------------------------------------------------------------------------

    \3\ See Rule 24b-3 under the Investment Company Act (17 CFR
270.24b-3), which provides that any sales material, including rule
482 advertisements, shall be deemed filed with the Commission for
purposes of Section 24(b) of the Investment Company Act upon filing
with FINRA.
---------------------------------------------------------------------------

    As discussed above, rule 482 contains requirements that are
intended to encourage the provision to investors of information that is
balanced and informative, particularly in the area of investment
performance. The Commission is concerned that in the absence of such
provisions fund investors may be misled by deceptive rule 482
performance advertisements and may rely on less-than-adequate
information when determining in which funds they should invest their
money. As a result, the Commission believes it is beneficial for funds
to provide investors with balanced information in fund advertisements
in order to allow

investors to make better-informed decisions.
    The Commission estimates that 89,077 responses are filed annually
pursuant to rule 482 by 4,106 investment companies offering 37,265
portfolios. Respondents consist of all the investment companies that
take advantage of the safe harbor offered by the rule for their
advertisements. The burden associated with rule 482 is presently
estimated to be 5.16 hours per response. The hourly burden is therefore
approximately 459,637 hours (89,077 responses x 5.16 hours per
response).
    The estimate of average burden hours is made solely for the
purposes of the Paperwork Reduction Act, and is not derived from a
comprehensive or even a representative survey or study of the costs of
Commission rules and forms.
    Cost burden is the cost of services purchased to comply with rule
482, such as for the services of computer programmers, outside counsel,
financial printers, and advertising agencies. The Commission attributes
no cost burden to rule 482.
    The provision of information under rule 482 is necessary to obtain
the benefits of the safe harbor offered by the rule. The information
provided is not kept confidential.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to R. Corey Booth, Director/
Chief Information Officer, Securities and Exchange Commission, C/O
Shirley Martinson, 6432 General Green Way, Alexandria, VA 22312; or
send an e-mail to<EMAIL_ADDRESS>
    Dated: February 19, 2008.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8-3624 Filed 2-26-08; 8:45 am]

BILLING CODE 8011-01-P


Comment Info: =================

General Comment:Andre Croy
7800 San Felipe Blvd, Apt. 1510
Austin, TX 78729
816-679-0816
<EMAIL_ADDRESS>May 20, 2014
Mr. Mitch Zeller, J.D.
Director, Center for Tobacco Products
U.S. Food and Drug Administration
10903 New Hampshire Avenue
Silver spring, MD 20993
Dear Mr. Mitch Zeller, J.D.:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life. I watched my father die at 50 due to mouth, throat and stomach cancer after smoking 2+ packs per day since he was 12 years old.  I developed asthma and angina due to his habit, but became addicted to cigarettes as well at 18. I was able to kick my 2+ a day habit through the use of advanced personal vaporizers. I wish to provide you with more of my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.
Sincerely,
Andre Croy


[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Rules and Regulations]
[Pages 15051-15052]
[FR Doc No: 2018-06991]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31187; Amdt. No. 3794]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule amends, suspends, or removes Standard Instrument
Approach Procedures (SIAPs) and associated Takeoff Minimums and
Obstacle Departure Procedures for operations at certain airports. These
regulatory actions are needed because of the adoption of new or revised
criteria, or because of changes occurring in the National Airspace
System, such as the commissioning of new navigational facilities,
adding new obstacles, or changing air traffic requirements. These
changes are designed to provide for the safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective April 9, 2018. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of April 9, 2018.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001;
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA).
    For information on the availability of this material at NARA, call
202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center online at nfdc.faa.gov
to register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedure
Standards Branch (AFS-420) Flight Technologies and Procedures Division,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20.
The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained on FAA form documents is
unnecessary.
    This amendment provides the affected CFR sections, and specifies
the SIAPs and Takeoff Minimums and ODPs with their applicable effective
dates. This amendment also identifies the airport and its location, the
procedure and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPs, Takeoff
Minimums and ODPs as identified in the amendatory language for part 97
of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP and Takeoff Minimums and ODP as amended in the
transmittal. For safety and timeliness of change considerations, this
amendment incorporates only specific changes contained for each SIAP
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC
permanent NOTAM, and contained in this amendment are based on the
criteria contained in the U.S. Standard for Terminal Instrument
Procedures (TERPS). In developing these changes to SIAPs and Takeoff
Minimums and ODPs, the TERPS criteria were applied only to specific
conditions existing at the affected airports. All SIAP amendments in
this rule have been previously issued by the FAA in a FDC NOTAM as an
emergency action of immediate flight safety relating directly to
published aeronautical charts.
    The circumstances that created the need for these SIAP and Takeoff
Minimums and ODP amendments require making them effective in less than
30 days.
    Because of the close and immediate relationship between these
SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find
that notice and public procedure under 5 U.S.C. 553(b) are
impracticable and contrary to the public interest and, where
applicable, under 5 U.S.C. 553(d), good cause exists for making these
SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC, on March 23, 2018.
John S. Duncan,
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal regulations, Part 97, (14 CFR part 97), is amended by
amending Standard Instrument Approach Procedures and Takeoff Minimums
and ODPs, effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40106, 40113,
40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Sec. Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35  [AMENDED]

    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

----------------------------------------------------------------------------------------------------------------
     AIRAC date        State          City             Airport         FDC No.      FDC date        Subject
----------------------------------------------------------------------------------------------------------------
26-Apr-18..........  MN        Alexandria.......  Chandler Field...       8/0189       3/1/18  This NOTAM,
                                                                                published in TL
                                                                                18-09, is hereby
                                                                                rescinded in its
                                                                                entirety.
26-Apr-18..........  CA        Fresno...........  Fresno Yosemite         7/9103       3/8/18  LOC Y RWY 11L,
                                                   Intl.                                        Amdt 2C.
26-Apr-18..........  AL        Courtland........  Courtland........       8/0390      3/16/18  Takeoff Minimums
                                                                                and (Obstacle)
                                                                                DP, Amdt 2.
26-Apr-18..........  MN        Alexandria.......  Chandler Field...       8/0431      3/14/18  RNAV (GPS) RWY
                                                                                22, Orig.
26-Apr-18..........  IN        Indianapolis.....  Indianapolis Rgnl       8/0900      3/16/18  VOR RWY 34, Amdt
                                                                                2C.
26-Apr-18..........  CO        Colorado Springs.  City Of Colorado        8/1731      3/14/18  RNAV (GPS) Y RWY
                                                   Springs Muni.                                35L, Amdt 1A.
26-Apr-18..........  LA        Lafayette........  Lafayette Rgnl/         8/1749      3/16/18  ILS OR LOC RWY
                                                   Paul Fournet                                 4R, Amdt 2D.
                                                   Field.
26-Apr-18..........  LA        Lafayette........  Lafayette Rgnl/         8/1750      3/16/18  RNAV (GPS) RWY
                                                   Paul Fournet                                 4R, Amdt 1C.
                                                   Field.
26-Apr-18..........  LA        Lafayette........  Lafayette Rgnl/         8/1752      3/16/18  RNAV (GPS) RWY
                                                   Paul Fournet                                 22L, Amdt 1B.
                                                   Field.
26-Apr-18..........  LA        Lafayette........  Lafayette Rgnl/         8/1753      3/16/18  ILS OR LOC RWY
                                                   Paul Fournet                                 22L, Amdt 5C.
                                                   Field.
26-Apr-18..........  LA        Lake Charles.....  Lake Charles Rgnl       8/4569      3/13/18  RNAV (GPS) RWY
                                                                                15, Amdt 1A.
26-Apr-18..........  OK        Stillwater.......  Stillwater Rgnl..       8/4810      3/15/18  RNAV (GPS) RWY
                                                                                35, Amdt 1A.
26-Apr-18..........  MS        Meridian.........  Key Field........       8/6080       3/8/18  ILS OR LOC RWY 1,
                                                                                Amdt 26A.
26-Apr-18..........  CA        Sacramento.......  Sacramento Intl..       8/7363      3/13/18  ILS OR LOC RWY
                                                                                34L, Amdt 7F.
26-Apr-18..........  CA        Arcata/Eureka....  California              8/7880       3/8/18  RNAV (GPS) RWY
                                                   Redwood Coast-                               32, Amdt 2.
                                                   Humboldt County.
26-Apr-18..........  MI        Marlette.........  Marlette.........       8/8447      3/13/18  Takeoff Minimums
                                                                                and (Obstacle)
                                                                                DP, Orig.
26-Apr-18..........  AZ        Casa Grande......  Casa Grande Muni.       8/9260      3/14/18  VOR RWY 5, Amdt
                                                                                4D.
26-Apr-18..........  AZ        Casa Grande......  Casa Grande Muni.       8/9263      3/14/18  ILS OR LOC/DME
                                                                                RWY 5, Amdt 6F.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-06991 Filed 4-6-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Pages 38708-38709]
[FR Doc No: 2021-15588]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC21-23-000]

Commission Information Collection Activities (Ferc-725v); Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of information collection and request for comments.

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

SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on the currently approved
information collection, FERC-725V, Mandatory Reliability Standards: COM
Reliability Standards, which will be submitted to the Office of
Management and Budget (OMB) for review.

DATES: Comments on the collection of information are due August 23,
2021.

ADDRESSES: Send written comments on FERC-725V to OMB through
www.reginfo.gov/public/do/PRAMain. Attention: Federal Energy Regulatory
Commission Desk Officer. Please identify the OMB Control Number (1902-
0277) in the subject line of your comments. Comments should be sent
within 30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain.
    Please submit copies of your comments to the Commission. You may
submit copies of your comments (identified by Docket No. IC21-23-000)
by one of the following methods:
    Electronic filing through http://www.ferc.gov, is preferred.
     Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
     For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery.
    [cir] Mail via U.S. Postal Service Only: Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
    [cir] Hand (Including Courier) Delivery: Deliver to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
    Instructions: OMB submissions must be formatted and filed in
accordance with submission guidelines at www.reginfo.gov/public/do/PRAMain. Using the search function under the ``Currently Under Review''
field, select Federal Energy Regulatory Commission; click ``submit,''
and select ``comment'' to the right of the subject collection.
    FERC submissions must be formatted and filed in accordance with
submission guidelines at: http://www.ferc.gov. For user assistance,
contact FERC Online Support by email at<EMAIL_ADDRESS>or
by phone at:<PHONE_NUMBER> (toll-free).
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at https://www.ferc.gov/ferc-online/overview.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Title: FERC-725V, Mandatory Reliability Standards: COM Reliability
Standards.
    OMB Control No.: 1902-0277.
    Type of Request: Three-year extension of the FERC-725V information
collection requirements with no changes to the reporting requirements.
    Abstract: On August 15, 2016, the North American Electric
Reliability Corporation (NERC) filed a petition for Commission
approval, pursuant to section 215(d)(1) of the Federal Power Act
(``FPA'') \1\ and Section 39.5 \2\ of the Federal Energy Regulatory
Commission's regulations, for Reliability Standard COM-001-3
(Communications), the associated Implementation Plan, retirement of
currently-effective Reliability Standard COM-001-2.1, and Violation
Risk Factors (``VRFs'') and Violation Severity Levels (``VSLs'')
associated with new Requirements R12 and R13 in Reliability Standard
COM-001-3. Reliability Standard COM-001-3 reflects revisions developed
under Project 2015-07 Internal Communications Capabilities, in
compliance with the Commission's directive in Order No. 888 that NERC
``develop modifications to COM-001-2, or develop a new standard, to
address the Commission's concerns regarding ensuring the adequacy of
internal communications capability whenever internal communications
could directly affect the reliability opera.''
---------------------------------------------------------------------------

    \1\ 16 U.S.C. 824o (2012).
    \2\ 18 CFR 39.5 (2015).
---------------------------------------------------------------------------

    Reliability Standards COM-001-3 and COM-002-4 do not require
responsible entities to file information with the Commission. COM-001-3
requires that transmission operators, balancing authorities,
reliability coordinators, distribution providers, and generator
operators must maintain documentation of Interpersonal Communication
capability and designation of Alternate Interpersonal Communication, as
well as evidence of testing of the Alternate Interpersonal
Communication facilities. COM-002-4 requires balancing authorities,
distribution providers, reliability coordinators, transmission
operators, and generator operators to develop and maintain documented
communication protocols, and to be able to provide evidence of training
on the protocols and of their annual assessment of the protocols.
Additionally, all applicable entities (balancing authorities,
reliability coordinators, transmission operators, generator operators,
and distribution providers) must be able to provide evidence of three-
part communication when issuing or receiving an Operating Instruction
during an Emergency.
    Type of Respondents: Public utilities.
    Estimate of Annual Burden \3\: The Commission estimates the annual
public reporting burden and cost for the information collection as: \4\
---------------------------------------------------------------------------

    \3\ The Commission defines burden as the total time, effort, or
financial resources expended by persons to generate, maintain,
retain, or disclose or provide information to or for a Federal
agency. For further explanation of what is included in the
information collection burden, reference 5 Code of Federal
Regulations 1320.3.
    \4\ The estimates for cost per response are loaded hourly wage
figure (includes benefits) is based on two occupational categories
for 2020 found on the Bureau of Labor Statistics website (http://www.bls.gov/oes/current/naics2_22.htm):
    The hourly estimates for salary plus benefits are: (a)
Electrical Engineer (code 17-2071), $70.19; (b) Information and
Record Clerk (code 43-4199), $43.38. The average hourly cost (salary
plus benefits), weighting both skill sets equally, is $56.79. For
these calculations, we round the figure to $57.00 per hour.

                                          FERC-725V, Mandatory Reliability Standards: COM Reliability Standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Annual  number                                           Total annual burden
                                    Number of  respondents   of  responses   Total number    Average burden & cost      hours & total        Cost per
                                                            per respondent   of responses        per  response         annual cost ($)    respondent ($)
                                   (1)....................             (2)     (1) * (2) =  \4\ (4)................   (3) * (4) = (5)...       (5) / (1)
                                                                                (3)
--------------------------------------------------------------------------------------------------------------------------------------------------------
(On-going) Maintain evidence of    1,313 (BA, DP, GOP, RC                1           1,313  4 hrs.; $228...........  5,252 hrs.;                    $228
 Interpersonal Communication        & TOP).                                                                           $299,364.
 capability \5\.
(On-going) Maintain evidence of    199 (BA, RC & TOP).....               1             199  8 hrs.; 456............  1,592 hrs.; 90,744.             456
 training and assessments \6\.
(On-going) Maintain evidence of    1,257..................               1           1,257  8 hrs.; 456............  10,056 hrs.;                    456
 training \7\.                     (DP & GOP).............                                                            573,192.
                                                                           -----------------------------------------------------------------------------
    Total........................  .......................  ..............           2,769  .......................  16,900 hrs.;         ..............
                                                                                963,300.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Comments: 5 6 7 Comments are invited on: (1) Whether the
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information will
have practical utility; (2) the accuracy of the agency's estimate of
the burden and cost of the collection of information, including the
validity of the methodology and assumptions used; (3) ways to enhance
the quality, utility and clarity of the information collection; and (4)
ways to minimize the burden of the collection of information on those
who are to respond, including the use of automated collection
techniques or other forms of information technology.
---------------------------------------------------------------------------

    \5\ For COM-001-3 the BA, RC, TOP, GOP, DP were taken as
aggregate to eliminate overlap if the same entity has multiple
registrations.
    \6\ For COM-002-4 the BA, RC and TOP were taken as aggregate to
eliminate overlap if the same entity has multiple registration.
    \7\ For COM-002-4 the DP and GOP were taken as aggregate to
eliminate overlap if the same entity has multiple registrations.

    Dated: July 16, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-15588 Filed 7-21-21; 8:45 am]
BILLING CODE 6717-01-P


17. The authority citation for part 720 continues to read as follows:

    Authority:  15 U.S.C. 2604, 2607, and 2613.

0
18. Revise Sec.  720.80 to read as follows:

Sec.  720.80  General provisions.

    Claims of confidentiality must be made in accordance with the
procedures described in 40 CFR part 703.

Sec.  720.85  [Removed]

0
19. Remove Sec.  720.85.

Sec.  720.90  [Removed]

0
20. Remove Sec.  720.90.

0
21. Revise Sec.  720.95 to read as follows:

Sec.  720.95  Public file.

    All information submitted with a notice, including any health and
safety study and other supporting documentation, will become part of
the public file for that notice, unless such materials are claimed
confidential in accordance with procedures in 40 CFR 703.5. In
addition, EPA may add materials to the public file, subject to subpart
E of this part. Publicly available materials are available at the
docket addresses in Sec.  700.17(b)(1) and (2) of this subchapter and
on EPA's website.

0
22. Amend Sec.  720.102 by revising paragraph (c)(2) and adding
paragraphs (e) and (f) to read as follows:

Sec.  720.102  Notice of commencement of manufacture or import.

* * * * *
    (c) * * *
    (2) If the submitter claims any information on the form as
confidential, the claim must be asserted and substantiated in
accordance with the requirements described in 40 CFR part 703 and must
be submitted via EPA Form 7710-56. If the submitter wants the chemical
identity to be listed on the confidential portion of the TSCA
Inventory, the chemical identity must be claimed as confidential and
the submitter must also follow the certification, substantiation, and
generic name requirements described 40 CFR part 703 and paragraphs (e)
and (f) of this section. Otherwise, EPA will list the specific chemical
identity on the public TSCA Inventory. Submitters who did not claim the
chemical identity, submitter identity, or other information to be
confidential in the PMN cannot claim this information as confidential
in the notice of commencement.
* * * * *
    (e) Confidentiality. (1) Any person who asserts a confidentiality
claim for chemical identity in a Notice of Commencement submitted under
this section must:
    (i) Comply with generic name requirements described in 40 CFR part
703 and as specified in paragraph (f) of this section.
    (ii) Agree that EPA may disclose to a person with a bona fide
intent to manufacture or import the chemical substance the fact that
the particular chemical substance is included on the confidential TSCA
Inventory for

purposes of notification under section 5(a)(1)(A) of the Act.
    (iii) Have available for the particular chemical substance, and
agree to furnish to EPA upon request:
    (A) An elemental analysis.
    (B) Either an X-ray diffraction pattern (for inorganic substances),
a mass spectrum (for most other substances), or an infrared spectrum of
the particular chemical substance, or if such data do not resolve
uncertainties with respect to the identity of the chemical substance,
additional or alternative spectra or other data to identify the
chemical substance.
    (2) Claims of confidentiality must be made in accordance with the
procedures described in 40 CFR part 703.
    (f) Generic name. If a submitter asserts a claim of confidentiality
for chemical identity in a notice of commencement, they must provide a
structurally descriptive generic name.
    (1) Generic names must:
    (i) Be structurally descriptive (e.g., not a trade name);
    (ii) Describe the chemical structure of the chemical substance as
specifically as practicable while protecting only those features of the
chemical structure that are claimed as confidential and disclosure of
which would likely cause substantial harm to the competitive position
of the person--the generic name should generally only obscure one
structural feature, but in any case, should conceal only the feature(s)
necessary to avoid a likelihood of substantial competitive harm to the
submitter; and
    (iii) Be consistent with guidance on the determination of
structurally descriptive generic names, developed in accordance with
TSCA section 14(c)(4)(A) (e.g., Guidance for Creating Generic Names for
Confidential Chemical Substance Identity Reporting under TSCA;
available at https://www.epa.gov/tsca-inventory/guidance-creating-generic-names-confidential-chemical-substance-identity-reporting).
    (2) Generic names will be reviewed by EPA at the time of
submission.
    (i) If EPA concludes that a proposed generic name meets the
criteria in paragraph (f)(1) of this section, EPA will include that
generic name in the public TSCA Inventory listing for that substance.
    (ii) If the proposed generic name does not meet the criteria in
paragraph (f)(1) of this section, EPA will notify the submitter
concerning the deficiency via CDX, as described in 40 CFR 703.5(f). EPA
will provide 10 business days to correct the deficiency and provide an
alternative generic name that would be acceptable to EPA. If the
alternative generic name proposed by EPA is acceptable to the submitter
(or if the submitter does not respond within the 10-day period), EPA
will place that alternative generic name on the public TSCA Inventory.
If the alternative generic name proposed by EPA is not acceptable to
the submitter, the submitter must submit a revised generic name that
meets the criteria in paragraph (f)(1) of this section and an
explanation of how EPA's proposed generic name reveals confidential
information. If EPA concludes that the submitter's revised generic name
also does not meet the criteria in paragraph (f)(1) of this section,
EPA will hold the notice of commencement for a period of up to 10
business days. Reporting requirements will not be considered to have
been met and the substance will not be added to the TSCA Inventory
during this period. If the submission remains deficient after this 10-
day period, EPA will proceed with CBI review of the chemical identity
claim and will likely deny the claim.

PART 723--PREMANUFACTURE NOTICE EXEMPTIONS

0
23. The authority citation for part 723 continues to read as follows:

    Authority:  15 U.S.C. 2604.

0
24. Amend Sec.  723.50 by revising paragraph (l) to read as follows:

Sec.  723.50  Chemical substances manufactured in quantities of 10,000
kilograms or less per year, and chemical substances with low
environmental releases and human exposures.

* * * * *
    (l) Confidentiality. Claims of confidentiality must be made in
accordance with the procedures described in 40 CFR part 703.
* * * * *

0
25. Amend Sec.  723.250 by revising paragraphs (f) introductory text
and (n) to read as follows:

Sec.  723.250  Polymers.

* * * * *
    (f) Exemption report for polymers manufactured under the terms of
this section. For substances exempt under paragraphs (e)(1) through (3)
of this section a report of manufacture or import must be submitted by
January 31 of the year subsequent to initial manufacture. The report
and accompanying claims must be submitted via CDX (https://cdx.epa.gov/ gov/), using the TSCA Section 5 Notices and Supports--ePMN application.
See Sec.  720.40(a)(2)(ii) of this subchapter for information on how to
access e-PMN software. The notice must include:
* * * * *
    (n) Confidentiality. Claims of confidentiality must be made in
accordance with the procedures described in 40 CFR part 703.

PART 725--REPORTING REQUIREMENTS AND REVIEW PROCESSES FOR
MICROORGANISMS

0
26. The authority citation for part 725 continues to read as follows:

    Authority:  15 U.S.C. 2604, 2607, 2613, and 2625.

0
27. Revise Sec.  725.80 to read as follows:

Sec.  725.80  General provisions for confidentiality claims.

    Claims of confidentiality must be made in accordance with the
procedures described in 40 CFR part 703, except as modified in this
paragraph. In general, references to ``chemical'' or ``chemical
identity'' in part 703 are equivalent to ``microorganism'' or
``microorganism identity'' for the purposes of this part.
    (a) In place of Sec.  703.5(b)(3)(v) of this subchapter, the
following question must be answered: Has EPA, another Federal agency,
or court made any confidentiality determination regarding information
associated with this microorganism? If yes, please provide the
circumstances associated with the prior determination, whether the
information was found to be entitled to confidential treatment, the
entity that made the decision, and the date of the determination.
    (b) In place of Sec.  703.5(b)(4) of this subchapter, the following
questions apply:
    (1) Has the identity of the microorganism been kept confidential to
the extent that competitors do not know it is being manufactured or
imported into US commerce? If not, explain why the microorganism
identity should still be afforded confidential status (e.g., the
microorganism is publicly known only as being distributed in commerce
for research and development purposes, but no other information about
the current commercial distribution of the microorganism in the United
States is publicly available).
    (2) Does the microorganism leave the site of production or testing
in a form which is accessible to the public or to competitors? If yes,
please explain what measures have been taken to guard against the
discovery of its identity. Further, what is the cost to a competitor,
in time and money, to develop appropriate use conditions? What factors
facilitate or impede product analysis?

Sec.  725.85  [Removed]

0
28. Remove Sec.  725.85.

Sec.  725.92  [Removed]

0
29. Remove Sec.  725.92.

Sec.  725.94  [Removed]

0
30. Remove Sec.  725.94.

0
31. Revise Sec.  725.95 to read as follows:

Sec.  725.95  Public file.

    All information submitted, including any health and safety study of
a microorganism and other supporting documentation, will become part of
the public file for that submission, unless such materials are claimed
as confidential in accordance with this section. In addition, EPA may
add materials to the public file, subject to subpart C of this part.
Publicly available materials are available at the docket addresses in
Sec.  700.17(b)(1) and (2) of this subchapter and on EPA's website.

0
32. Amend Sec.  725.190 by revising paragraph (c) and adding paragraphs
(e) and (f) to read as follows:

Sec.  725.190  Notice of commencement of manufacture or import.

* * * * *
    (c) Information to be reported. The NOC must contain the following
information: Specific microorganism identity, MCAN number, and the date
when manufacture or import commences. If the person claims any
information on the form as confidential, the claim must be asserted and
substantiated in accordance with the requirements described in part 703
of this subchapter and Sec.  725.80, as indicated in EPA Form 7710-56.
If the submitter wants the microorganism identity to be listed on the
confidential portion of the TSCA Inventory, the microorganism identity
must be claimed as confidential and also follow the certification,
substantiation, and generic name requirements described in part 703 of
this subchapter and paragraphs (e) and (f) of this section.
* * * * *
    (e) Requirements for assertion. Any person who asserts a
confidentiality claim for microorganism identity must:
    (1) Comply with the requirements of paragraph (f) of this section
regarding submission of a generic name.
    (2) Agree that EPA may disclose to a person with a bona fide intent
to manufacture or import the microorganism the fact that the particular
microorganism is included on the confidential TSCA Inventory for
purposes of notification under section 5(a)(1)(A) of the Act.
    (3) Have available and agree to furnish to EPA upon request the
taxonomic designations and supplemental information required by Sec.
725.12.
    (4) Make claims of confidentiality in accordance with the
procedures described in 40 CFR part 703.
    (f) Generic name. If a submitter asserts a claim of confidentiality
for microorganism identity in a notice of commencement, they must
provide a generic name.
    (1) Generic names must:
    (i) Be structurally descriptive (e.g., not a trade name); and
    (ii) Be consistent with guidance on the determination of
structurally descriptive generic names, developed in accordance with
section 14(c)(4)(A) of the Act (e.g., Guidance for Creating Generic
Names for Confidential Chemical Substance Identity Reporting under
TSCA). Generic names for microorganisms may only mask the portion of
microorganism identity that the submitter believes is proprietary
(considering that the identity of a microorganism to be listed on the
TSCA Inventory must include taxonomic designations (genus, species, and
strain), key phenotypic traits, key genotypic traits and modifications,
genetic material that has been introduced or modified, any vector
constructs used, cellular location of introduced or modified genes,
number and type of genes introduced or modified, and method of
construction or modification). Taxonomic designation (in most cases
down to strain) must be included in the generic name except where the
submitter claims the taxonomic designation confidential, in which case
the person making such claim must provide an explanation of why such
masking is necessary to protect proprietary information. Additionally,
the generic microorganism identity must include a statement regarding
the function and stability of the genetic construct. This includes an
indication of whether the introduced or modified genes are present on
the chromosome or extrachromosomal.
    (2) Generic names will be reviewed by EPA at the time of
submission.
    (i) If EPA concludes that a proposed generic name meets the
criteria in paragraph (f)(1) of this section, EPA will include that
generic name in the public TSCA Inventory listing for that substance.
    (ii) If the proposed generic name does not meet the criteria in
paragraph (f)(1) of this section, EPA will notify the submitter
concerning the deficiency via CDX, as described in Sec.  703.5(h) of
this subchapter. EPA will provide ten business days to correct the
deficiency and provide an alternative generic name that would be
acceptable to EPA. If the alternative generic name proposed by EPA is
acceptable to the submitter (or if the submitter does not respond
within the ten-day period), EPA will place that alternative generic
name on the public TSCA Inventory. If the alternative generic name
proposed by EPA is not acceptable to the submitter, the submitter must
submit a revised generic name that meets the criteria in paragraph
(f)(1) of this section and an explanation of how EPA's proposed generic
name reveals confidential information. If EPA concludes that the
revised generic name also does not meet the criteria in paragraph
(f)(1) of this section, EPA will hold the notice of commencement for a
period of up to 10 business days. Reporting requirements will not be
considered to have been met and the microorganism will not be added to
the TSCA Inventory during this period. If the submission remains
deficient after this 10-day period, EPA will proceed with CBI review of
the microorganism identity claim and will likely deny the claim.

PART 790--PROCEDURES GOVERNING TESTING CONSENT AGREEMENTS AND TEST
RULES

0
34. The authority citation for part 790 continues to read as follows:

    Authority:  15 U.S.C. 2603.

0
32. Revise Sec.  790.7 to read as follows:

Sec.  790.7  Confidentiality.

    Claims of confidentiality must be made in accordance with the
procedures described in 40 CFR part 703.

[FR Doc. 2023-12044 Filed 6-6-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 72 (Friday, April 13, 2012)]
[Notices]
[Pages 22365-22367]
[FR Doc No: 2012-8877]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66767; File No. SR-Phlx-2012-40]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing of Proposed Rule Change Relating to Quarterly Trading
Requirements Applicable to Registered Options Traders

April 6, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\, and Rule 19b-4 \2\ thereunder, notice is hereby given
that on March 26, 2012, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Exchange Rules 1014, Obligations and
Restrictions Applicable to Specialists and Registered Options Traders,
and 1093, Phlx XL Risk Monitor Mechanism, and Options Floor Procedure
Advice B-3, Trading Requirements, to change trading requirements
applicable to certain Registered Options Traders trading
electronically, as described below.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaqtrader.com/micro.aspx?id=PHLXRulefilings,
at the principal office of the Exchange, and at the Commission's Public
Reference Room, and on the Commission's Web site at http://www.sec.gov.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant parts 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 the proposed rule change is to eliminate unnecessary
and outdated potential burdens on certain Exchange market makers
arising from their use of electronic orders to trade on the Exchange.
The general term ``market makers'' on the Exchange includes specialists
and registered options traders (``ROTs'').\3\ ROTs can be either
Streaming Quote Traders (``SQTs'') \4\, Remote Streaming Quote Traders
(``RSQTs'') \5\ or non-Streaming Quote Trader ROTs (``non-SQT ROTs'')
which by definition are neither SQTs nor RSQTs. The Exchange is
proposing to amend Rule 1014, Commentary .13 to permit non-SQT ROTs to
meet an in-person trading requirement set forth in that section using
electronic orders. The Exchange also proposes to amend Rule
1014(b)(ii)(E) to eliminate a trading requirement applicable to a non-
SQT ROT who transacts more than 20% of his/her contract volume in an
option electronically versus in open outcry during any calendar
quarter. A conforming change is proposed to Section (a) of Rule 1093,
Phlx XL Risk Monitor Mechanism. Finally, changes are proposed to
Options Floor Procedure Advice B-3 and to Rule 1014(b)(ii)(E)(1) to
conform to a recent amendment by the Exchange of Rule 1014, Commentary
.01, as explained below.
---------------------------------------------------------------------------

    \3\ An ROT is defined in Exchange Rule 1014(b) as a regular
member of the Exchange located on the trading floor who has received
permission from the Exchange to trade in options for his own
account. See Exchange Rule 1014 (b)(i) and (ii).
    \4\ An SQT is defined in Exchange Rule 1014(b)(ii)(A) as an ROT
who has received permission from the Exchange to generate and submit
option quotations electronically in options to which such SQT is
assigned.
    \5\ An RSQT is defined in Exchange Rule in 1014(b)(ii)(B) as an
ROT that is a member or member organization with no physical trading
floor presence who has received permission from the Exchange to
generate and submit option quotations electronically in options to
which such RSQT has been assigned. An RSQT may only submit such
quotations electronically from off the floor of the Exchange.
---------------------------------------------------------------------------

    Recent Rule 1014, Commentary .01 Amendment
    The Exchange has recently amended Commentary .01 of Rule 1014. \6\
Prior to the amendment Commentary .01 required that in order for an ROT
(other than an RSQT or a Remote Specialist) to receive specialist
margin treatment for off-floor orders in any calendar quarter, the ROT
was required among other things to execute the greater of 1,000
contracts or 80% of his total contracts that quarter in person and not
through the use of orders (the ``80% in-person test'').
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 65644 (October 27,
2011), 76 FR 67786 (November 2, 2011) (approving SR-Phlx-2011-123).
---------------------------------------------------------------------------

    The only way to participate in trades other than through the use of
orders is by quoting. As the Exchange explained in the proposed rule
change, non-SQT ROTs do not ``stream'' quotes, meaning send quotes
electronically to the Exchange. Instead, pursuant to Commentary .18 of
Rule 1014, they submit limit orders electronically and respond to floor
brokers verbally. While SQTs quote electronically by ``streaming''
quotations into the Exchange, non-SQT ROTs quote verbally in response
to floor brokers representing orders in the trading crowd verbally.
    The Exchange explained in the filing that the limitation on the use
of orders to satisfy the 80% in-person test with respect to non-SQT
ROTs was obsolete as, over time, following the movement toward a more
electronic trading platform in options, it had become difficult for
such ROTs to comply with the trading requirement without using orders.
The Exchange explained that in order to comply with their quarterly
trading requirements, non-SQT ROTs have to proactively enter orders
that provide or take liquidity. While some time ago, ROTs were able to
place their liquidity on the book by verbally

informing the specialist the proposed rule change explained that this
is no longer the case. The Exchange observed that non-SQT ROTs could
only meet the 80% in person test by participating in crowd trades which
they cannot control in terms of frequency. The 80% in-person test was
therefore amended to permit non-SQT ROTs to count orders entered in
person to meet the test.
    The 50% in-person test.
    Exchange Rule 1014 Commentary .13 contains a separate in-person
requirement. It provides that within each quarter an ROT must execute
in person, and not through the use of orders, a specified number of
contracts, such number to be determined from time to time by the
Exchange. Pursuant to Commentary .13, Options Floor Procedure Advice B-
3 currently requires an ROT (other than an RSQT or a Remote Specialist)
to trade in person, and not through the use of orders, the greater of
1000 contracts or 50% of his contract volume on the Exchange each
quarter (the ``50% in person test'').\7\
---------------------------------------------------------------------------

    \7\ The 50% in-person test is separate and distinct from the 80%
in-person test and applies whether or not the ROT seeks to receive
specialist margin treatment for off-floor orders.
---------------------------------------------------------------------------

    For the same reasons discussed above in connection with the recent
modification of the 80% in-person test, the Exchange proposes to amend
Rule 1013 Commentary .13 and the 50% in-person test of Options Floor
Procedure Advice B-3 to permit non-SQT ROTs to use orders entered in
person to meet the test.
    The ``20%'' Test
    Currently, Rule 1014(b)(ii)(E)(2) provides that if a non-SQT ROT
transacts more than 20% of his/her contract volume in an option
electronically (i.e., by way of placing limit orders on the limit order
book that are executed electronically and allocated automatically in
accordance with Rule 1014(g)(vii)) versus in open outcry during any
calendar quarter (the ``20% test''), commencing the next calendar
quarter such non-SQT ROT will be subject to certain quoting obligations
for as long as the non-SQT ROT trades the option. Among other things,
the non-SQT ROT would be required to submit two-sided electronic
quotations, or stream quotes, in a designated percentage of series
within options in which he is assigned, in accordance with a schedule
set forth in Rule 1014(b)(ii)(E)(2)(b).
    Streaming quotes would be burdensome to non-SQT ROTS who are
generally not equipped to undertake this new form of trading. Requiring
a non-SQT ROT to begin streaming would result in a significant increase
of fixed costs to the non-SQT ROT. The Exchange believes this will
likely result in these ROTs leaving the trading floor. While meeting
the 20% test has become more difficult due to the erosion of open
outcry trading, the Exchange still believes price improvement, quality
of execution, and especially price discovery will suffer if these non-
SQT ROT's are forced out of open outcry market making.
    The Exchange therefore proposes to eliminate the 20% test and its
associated requirements as a vestige of the early days of electronic
trading.\8\ The Exchange believes the provision no longer makes sense
in the current environment where electronic trading predominates. For
the same reasons the Exchange deleted the restriction on non SQT ROTs'
use of orders from the 80% in-person test and the 50% in-person test,
it is proposing to eliminate the requirements of Rule 1014(b)(ii)(E)(2)
that currently apply if a non-SQT ROT transacts more than 20% of his/
her contract volume in an option electronically during any calendar
quarter.\9\ The proposed amendment is particularly critical given the
recent adoption by the Exchange in Rule 1014, Commentary .01, of a
general trading requirement that an ROT (other than an RSQT or a Remote
Specialist) is required to trade 1,000 contracts and 300 transactions
on the Exchange each quarter, not including transactions executed in
the trading crowd where the contra-side is an ROT.\10\ The non-SQT ROT
cannot control the size and frequency of crowd trades, even less so
crowd trades where the contra-side is not an ROT. As a practical
matter, the non-SQT ROT may have no other option but to use electronic
orders to meet the new general trading requirement, thus triggering the
20% test which will prohibit any further trading of the option unless
he begins streaming quotes in the option in accordance with Rule
1014(b)(ii)(E)(2).
---------------------------------------------------------------------------

    \8\ In addition to deleting Rule 1014(b)(ii)(E)(2), the Exchange
proposes to delete introductory language from the beginning of Rule
1014(b)(ii)(E) that would no longer be necessary. The substantive
provisions of Rule 1014(e)(1) governing non-SQT ROT obligations, as
proposed to be renumbered and amended, would continue to apply.
    \9\ In addition to removing the electronic quoting obligation of
Rule 1014(b)(ii)(E)(2)(b), the amendment would also remove a
reference to the quote spread requirements of Rule 1014(c)(i) found
in Rule 1014(b)(ii)(E)(2)(a). The removal of Rule
1014(b)(ii)(E)(2)(a) does not change non-SQT ROTs' quote spread
parameter requirements, as Rule 1014(c)(i) will continue to apply to
them. See also Rule 1014(b)(ii)(E)(1)(b), which is proposed to be
renumbered as Rule 1014(b)(ii)(E)(2), which will continue to require
non-SQT ROTs to comply with the quote spread parameter requirements
of Rule 1014(c)(i).
    \10\ See Securities Exchange Act Release No. 65644 (October 27,
2011), 76 FR 67786 (November 2, 2011) (approving SR- Phlx-2011-123).
---------------------------------------------------------------------------

    Finally, a reference to non-SQT ROTs is proposed to be deleted from
Section (a) of Rule 1093, Phlx XL Risk Monitor Mechanism, which
currently refers to non-SQT ROTs who are required to submit continuous
two-sided electronic quotations pursuant to Rule 1014(b)(ii)(E) which
is proposed to be deleted as discussed above. This is simply a
conforming change to the proposed deletion of Rule 1014(b)(ii)(E).
    Conforming Change--Deletion of Rule 1014(b)(ii)(E)(1)(c)
    The Exchange also proposes to delete Rule 1014(b)(ii)(E)(1)(c)
which provides that any volume transacted electronically will not count
towards a non-SQT ROT's 80% in-person test contained in Commentary .01
to Rule 1014. As discussed above, the Exchange recently amended
Commentary .01 to eliminate this restriction. The Exchange is deleting
Rule 1014(b)(ii)(E)(1)(c) simply as a conforming change.
    Conforming Change--Options Floor Procedures Advice B-3
    Options Floor Procedure Advice B-3, Section (b), also requires an
ROT (other than an RSQT or a Remote Specialist) in order to receive
Specialist margin treatment for off-floor orders to meet the 80% in-
person test (not through the use of orders). The Exchange proposes to
amend Options Floor Procedure Advice B-3 to conform it to the recently
revised language of Rule 1014 Commentary .01 such that non-streaming
ROTs can use orders entered in person to meet the 80% in-person test.
This change is simply a conforming change to the earlier amendment.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \11\ in general, and furthers the objectives of Section
6(b)(5) of the Act \12\ in particular, in that it is designed 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, by eliminating a restriction on non-SQT ROTs' use of orders
to meet an in-person trading requirement, by eliminating burdensome
requirements triggered by non-SQT ROTs' use of orders to transact more
than 20% of their contract volume in an option, and

by making clarifying and conforming changes to previously amended text.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    It would be unjust and inequitable to continue to impose in-person
trading requirements on non-SQT ROTs without counting orders entered
electronically given that their ability to trade other than by the use
of orders has substantially diminished over the years. Making the
changes proposed herein will remove impediments to and perfect the
mechanism of a free and open market and a national market system by
eliminating an in-person trading requirement that non-SQT ROTs will
have difficulty meeting given the current electronic trading
environment, thus enabling them to continue making markets by open
outcry, to the extent they are able, to the benefit of investors.
Investors and the public interest are protected by including as market
makers those individuals who, while unable or unwilling to invest
resources necessary for streaming, are able to provide liquidity in the
open outcry trading that does remain on the floor of the Exchange. The
changes that conform rule text to an earlier Exchange amendment benefit
investors and the public interest by providing clarity and eliminating
potential confusion.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.

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

    No written comments were either solicited or received.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period 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-Phlx-2012-40 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-Phlx-2012-40. 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
a.m. and 3 p.m. Copies of the filing will also be available for
inspection and copying at the Exchange's principal office. 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 publicly available. All
submissions should refer to File Number SR-Phlx-2012-40 and should be
submitted on or before May 4, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-8877 Filed 4-12-12; 8:45 am]
BILLING CODE 8011-01-P