[Federal Register: September 27, 2007 (Volume 72, Number 187)]
[Notices]
[Page 54908-54910]
[DOCID:fr27se07-50]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2007-0942; FRL-8474-4]

Human Studies Review Board; Notice of Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The U.S. Environmental Protection Agency's (EPA or Agency)
Office of the Science Advisor (OSA) announces a public meeting of the
Human Studies Review Board (HSRB) to advise the Agency on EPA's
scientific and ethical reviews of human subjects' research.

DATES: The public meeting will be held from October 24, 2007 from
approximately 8:30 a.m. to approximately 3:30 p.m.; October 25, 2007
from approximately 8 a.m. to approximately 6:30 p.m.; and October 26,
2007 from approximately 8 a.m. to approximately 3 p.m. Eastern Time.
    Location: Environmental Protection Agency, Conference Center--Lobby
Level, One Potomac Yard (South Bldg.), 2777 S. Crystal Drive,
Arlington, VA 22202.
    Meeting Access: Seating at the meeting will be on a first-come
basis. To request accommodation of a disability please contact the
person listed under FOR FURTHER INFORMATION CONTACT at least 10
business days prior to the meeting, to allow EPA as much time as
possible to process your request.
    Procedures for Providing Public Input: Interested members of the
public may submit relevant written or oral comments for the HSRB to
consider during the advisory process.
    Additional information concerning submission of relevant written or
oral comments is provided in Unit I.D. of this notice.

FOR FURTHER INFORMATION CONTACT: Any member of the public who wishes
further information should contact Crystal Rodgers-Jenkins, EPA, Office
of the Science Advisor, (8105R), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202)
564-5275; fax:<PHONE_NUMBER>; e-mail addresses:
<EMAIL_ADDRESS>General information concerning the EPA HSRB

can be found on the EPA Web site at http://www.epa.gov/osa/hsrb/.

ADDRESSES: Submit your written comments, identified by Docket ID No.
EPA-HQ-ORD-2007-0942, by one of the following methods:
    Internet: http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
    E-mail<EMAIL_ADDRESS>    Mail: Environmental Protection Agency, EPA Docket Center (EPA/DC),
ORD Docket, Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington,
DC 20460.
    Hand Delivery: The EPA/DC Public Reading Room is located in the EPA
Headquarters Library, Room Number 3334 in the EPA West Building,
located at 1301 Constitution Ave., NW., Washington, DC. The hours of
operation are 8:30 a.m. to 4:30 p.m. Eastern Time, Monday through
Friday, excluding Federal holidays. Please call<PHONE_NUMBER> or e-
mail the ORD Docket at<EMAIL_ADDRESS>for instructions. Updates to
Public Reading Room access are available on the Web site (http://www.epa.gov/epahome/dockets.htm
).

    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2007-0942. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site

is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA, without
going through http://www.regulations.gov, your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.

SUPPLEMENTARY INFORMATION:

I. Public Meeting

A. Does This Action Apply to Me?

    This action is directed to the public in general. This action may,
however, be of interest to persons who conduct or assess human studies,
especially studies on substances regulated by EPA or to persons who are
or may be required to conduct testing of chemical substances under the
Federal Food, Drug, and Cosmetic Act (FFDCA) or the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA). Since other
entities may also be interested, the Agency has not attempted to
describe all the specific entities that may be affected by this action.
If you have any questions regarding the applicability of this action to
a particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.

B. How Can I Access Electronic Copies of This Document and Other
Related Information?

    In addition to using regulations.gov, you may access this Federal
Register document electronically through the EPA Internet under the
Federal Register listings at http://www.epa.gov/fedrgstr/    Docket: All documents in the docket are listed in the http://.

http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the ORD Docket, EPA/

DC, Public Reading Room. The EPA/DC Public Reading Room is located in
the EPA Headquarters Library, Room Number 3334 in the EPA West
Building, located at 1301 Constitution Ave., NW., Washington, DC. The
hours of operation are 8:30 a.m. to 4:30 p.m. EST, Monday through
Friday, excluding Federal holidays. Please call<PHONE_NUMBER> or e-
mail the ORD Docket at<EMAIL_ADDRESS>for instructions. Updates to
Public Reading Room access are available on the Web site (http://www.epa.gov/epahome/dockets.htm
).

    EPA's position paper(s), charge/questions to the HSRB, and the
meeting agenda will be available by early October 2007. In addition,
the Agency may provide additional background documents as the materials
become available. You may obtain electronic copies of these documents,
and certain other related documents that might be available
electronically, from the regulations.gov Web site and the EPA HSRB Web
site at http://www.epa.gov/osa/hsrb/. For questions on document

availability or if you do not have access to the Internet, consult the
person listed under FOR FURTHER INFORMATION. Public comments received
on the document titled, ``Scientific and Ethical Approaches for
Observational Exposure Studies,'' may be listed under Docket ID No.
EPA-HQ-ORD-2007-0972 or Docket ID No. EPA-HQ-ORD-2007-0942.

C. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    a. Explain your views as clearly as possible.
    b. Describe any assumptions that you used.
    c. Provide copies of any technical information and/or data you used
that support your views.
    d. Provide specific examples to illustrate your concerns and
suggest alternatives.
    e. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

D. How May I Participate in This Meeting?

    You may participate in this meeting by following the instructions
in this section. To ensure proper receipt by EPA, it is imperative that
you identify docket ID number EPA-HQ-ORD-2007-0942 in the subject line
on the first page of your request.
    a. Oral comments. Requests to present oral comments will be
accepted up to October 17, 2007. To the extent that time permits,
interested persons who have not pre-registered may be permitted by the
Chair of the HSRB to present oral comments at the meeting. Each
individual or group wishing to make brief oral comments to the HSRB is
strongly advised to submit their request (preferably via email) to the
person listed under FOR FURTHER INFORMATION CONTACT no later than noon,
Eastern time, October 17, 2007 in order to be included on the meeting
agenda and to provide sufficient time for the HSRB Chair and HSRB
Designated Federal Officer (DFO) to review the agenda to provide an
appropriate public comment period. The request should identify the name
of the individual making the presentation, the organization (if any)
the individual will represent, and any requirements for audiovisual
equipment (e.g., overhead projector, LCD projector, chalkboard). Oral
comments before the HSRB are limited to five minutes per individual or
organization. Please note that this limit applies to the cumulative
time used by all individuals appearing either as part of, or on behalf
of an organization. While it is our intent to hear a full range of oral
comments on the science and ethics issues under discussion, it is not
our intent to permit organizations to expand these time limitations by
having numerous individuals sign up separately to speak on their
behalf. If additional time is available, there may be flexibility in
time for public comments. Each speaker should bring 25 copies of his or
her comments and presentation slides for distribution to the HSRB at
the meeting.
    b. Written comments. Although you may submit written comments at
any time, for the HSRB to have the best opportunity to review and
consider your comments as it deliberates on its report, you should
submit your comments at least five business days prior to the beginning
of the meeting. If you submit comments after this date, those comments
will be provided to the Board members, but you should recognize that
the Board members may not have adequate time to consider those comments
prior to making a decision. Thus, if you plan to submit written
comments, the Agency strongly encourages you to submit such comments no
later than noon, Eastern Time, October 17, 2007. You should submit your
comments using the instructions in Unit I.C. of this notice. In
addition, the Agency also requests that person(s) submitting comments
directly to the docket also provide a copy of their comments to the
person listed under FOR FURTHER INFORMATION CONTACT. There is no limit
on the length of written comments for consideration by the HSRB.

 E. Background

A. Topics for Discussion

    The HSRB is a Federal advisory committee operating in accordance
with the Federal Advisory Committee Act (FACA) 5 U.S.C. App.29. The
HSRB provides advice, information, and recommendations to EPA on issues
related to scientific and ethical aspects of human subjects research.
The major objectives of the HSRB are to provide advice and
recommendations on: (1) Research proposals and protocols; (2) reports
of completed research with human subjects; and (3) how to strengthen
EPA's programs for protection of human subjects of

research. The HSRB reports to the EPA Administrator through EPA's
Science Advisor.
    The October 24-26, 2007 meeting of the Human Studies Review Board
will address scientific and ethical issues surrounding:
     Review of EPA draft document Scientific and Ethical
Approaches for Observational Exposure Studies. The document, prepared
by researchers in EPA's National Exposure Research Laboratory,
identifies the types of issues that should be considered in planning
and implementing observational human exposure studies and provides
information and resources to assist EPA researchers in these studies.
     A published report of a completed clinical trial measuring
the effects of single and repeated treatments with sodium azide on
blood pressure in human subjects. Sodium azide is a pesticidally active
ingredient being proposed as a replacement for the fumigant methyl
bromide.
     A research proposal from Carroll-Loye Biological Research
to evaluate the field efficacy in repelling mosquitoes of three
registered products containing picaridin.
     A research proposal from Carroll-Loye Biological Research
to evaluate the laboratory efficacy in repelling ticks of three
registered products containing picaridin.
     A research proposal from Insect Control & Research, Inc.
to evaluate the laboratory efficacy in repelling mosquitoes of the
genus Culex of two registered products containing picaridin.
     A report of a completed field study by Carroll-Loye
Biological Research of the mosquito repellent efficacy of a registered
product containing Oil of Lemon Eucalyptus.
     Three closely related product-specific reports from a
single completed field study by Carroll-Loye Biological Research of the
mosquito repellent efficacy of four pesticides, all containing Deet.
     At the Board's request, discussion on the frequency and
duration of exposure of subjects to potential mosquito landings.
    In addition, EPA will report to the Board on its consideration of
issues relating to the design of sampling strategies for handler
research programs proposed by the Agricultural Handlers Exposure Task
Force and the Antimicrobials Exposure Assessment Task Force II.
    Finally, the Board may also discuss planning for future HSRB
meetings.

B. Meeting Minutes and Reports

    Minutes of the meeting, summarizing the matters discussed and
recommendations, if any, made by the advisory committee regarding such
matters will be released within 90 calendar days of the meeting. Such
minutes will be available at http://www.epa.gov/osa/hsrb/ and http://www.regulations.gov.
 In addition, information concerning a Board
meeting report, if applicable, can be found at http://www.epa.gov/osa/hsrb/
 or from the person listed under FOR FURTHER INFORMATION.

    Dated: September 21, 2007.
George Gray,
EPA Science Advisor.
 [FR Doc. E7-19125 Filed 9-26-07; 8:45 am]

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[Federal Register: March 20, 2008 (Volume 73, Number 55)]
[Notices]
[Page 14981]
[DOCID:fr20mr08-39]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 77-187]

Pacific Gas and Electric Company; Notice of Availability of
Environmental Assessment

March 13, 2008.
    In accordance with the National Environmental Policy Act of 1969,
as amended, and the Federal Energy Regulatory Commission's regulations,
18 CFR part 380 (Order No. 486, 52 FR 47879), the Commission has
reviewed an application, filed January 31, 2008, requesting approval to
temporarily amend article 52 of the Potter Valley Project license. The
project is located on the Eel River and the East Branch Russian River
in Lake and Mendocino Counties, California.
    Pacific Gas and Electric Company (licensee for the Potter Valley
Project) requested approval to allow the diversion of additional water
from the Eel River through the Potter Valley powerhouse for use by
Potter Valley Irrigation District (PVID) for frost protection of
commercial crops. The additional water would be provided to PVID
between March 15 and April 14, 2008. The licensee would restore in Lake
Pillsbury all additional water diverted for frost protection, starting
on April 15, 2008, resulting in a water-neutral situation.
    An environmental assessment (EA), prepared by Commission staff in
the Office of Energy Projects, analyzed the probable environmental
effects of the proposed amendment and has concluded that approval would
not constitute a major federal action significantly affecting the
quality of the human environment.
    A copy of the EA is available for review at the Commission or may
be viewed on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access documents. For assistance,
contact FERC Online Support at<EMAIL_ADDRESS>or toll-free
at 1-866-208-3676, or for TTY,<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-5595 Filed 3-19-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 47 (Friday, March 12, 2021)]
[Notices]
[Pages 14127-14128]
[FR Doc No: 2021-05105]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2020-N-2143]

Withdrawal of Approval of Five Abbreviated New Drug Applications
for Bacitracin for Injection

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration's (FDA or Agency) Center for
Drug Evaluation and Research (CDER) is withdrawing approval of five
abbreviated new drug applications (ANDAs) from multiple holders. Akorn
Inc. (Akorn), Mylan ASI LLC (Mylan), Pfizer Inc. (Pfizer), X-GEN
Pharmaceuticals, Inc. (X-GEN), and Fresenius Kabi USA, LLC (Fresenius)
have requested withdrawal of approval of their respective applications
and have waived their opportunity for a hearing.

DATES: Approval is withdrawn as of March 12, 2021.

FOR FURTHER INFORMATION CONTACT: Sungjoon Chi, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Silver Spring, MD 20993-0002,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On January 31, 2020, FDA requested that all
application holders of bacitracin for injection voluntarily request
withdrawal of approval of their applications under Sec.  314.150(d) (21
CFR 314.150(d)). Bacitracin for injection is an antibiotic for
intramuscular administration, the use of which is limited to the
treatment of infants with pneumonia and empyema caused by staphylococci
shown to be susceptible to the drug. Bacitracin for injection poses
serious risks, including nephrotoxicity and anaphylactic reactions.
Healthcare professionals generally no longer use bacitracin for
injection to treat infants with pneumonia and empyema because other
effective FDA-approved treatments are available that do not have these
risks.
    In April 2019, FDA's Antimicrobial Drugs Advisory Committee met and
discussed the safety and effectiveness of bacitracin for injection. The
advisory committee voted almost unanimously, with one abstention, that
the benefits of bacitracin for intramuscular injection do not outweigh
its risks, including nephrotoxicity and anaphylactic reactions, for the
drug's only approved indication. Based on FDA's review of

currently available data and information, the Agency believes that the
potential problems associated with bacitracin for injection are
sufficiently serious that the drug should be removed from the market.
    In separate letters dated February 5, 2020, Akorn and Mylan
requested that FDA withdraw approval of ANDAs 206719 and 090211 under
Sec.  314.150(d). Akorn and Mylan each waived their opportunity for a
hearing. Additionally, in separate letters dated February 7, 2020,
Pfizer, X-GEN, and Fresenius requested that FDA withdraw approval of
ANDAs 060733, 064153, and 065116, respectively, under Sec.  314.150(d).
Pfizer, X-GEN, and Fresenius also waived their opportunity for a
hearing. Additionally, Akorn stated that it has never launched this
product since its approval; X-GEN stated that it no longer manufactures
bacitracin for injection under ANDA 064153; and Mylan stated that its
product has not been in commercial distribution since 2012.
    Therefore, for the reasons discussed above, which the applicants do
not dispute in their letters requesting withdrawal of approval under
Sec.  314.150(d), FDA's approval of ANDAs 206719, 090211, 060733,
064153, 065116, and all amendments and supplements thereto, is
withdrawn (see DATES). Distribution of Akorn's bacitracin for injection
(50,000 units/vial), Mylan's bacitracin for injection (50,000 units/
vial), Pfizer's bacitracin for injection (10,000 units/vial and 50,000
units/vial), X-GEN's bacitracin for injection (50,000 units/vial), or
Fresenius's bacitracin for injection (50,000 units/vial) into
interstate commerce without an approved application is illegal and
subject to regulatory action (see sections 505(a) and 301(d) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(a) and 331(d))).

    Dated: March 1, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-05105 Filed 3-11-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 77, Number 167 (Tuesday, August 28, 2012)]
[Notices]
[Page 52017]
[FR Doc No: 2012-21087]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER12-2495-000]

Emera Energy Services Subsidiary No. 9 LLC; Supplemental Notice
That Initial Market-Based Rate Filing Includes Request for Blanket
Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding,
of Emera Energy Services Subsidiary No. 9 LLC's application for market-
based rate authority, with an accompanying rate schedule, noting that
such application includes a request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR Sec.  385.211 and Sec.
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is September 10, 2012.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 21, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-21087 Filed 8-27-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: June 17, 2010 (Volume 75, Number 116)]
[Notices]
[Page 34499-34501]
[DOCID:fr17jn10-122]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62282; File No. SR-ISE-2010-54]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule
Change To Amend the Qualification Standards for Market Makers To
Receive a Rebate for Adding Liquidity

June 11, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on May 26, 2010, the International Securities Exchange, LLC (the
``ISE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared 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 ISE is proposing to amend the qualification standards for
market makers to receive a rebate under the Exchange's maker/taker
pricing program. The text of the proposed rule change is available on
the Exchange's Web site (http://www.ise.com), at the principal office
of the Exchange, 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 self-regulatory organization
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 self-regulatory organization
has prepared summaries, set forth in sections A, B and C below, of the
most significant aspects of such statements.

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

1. Purpose
    The purpose of this proposed rule change is to amend the
qualification standards for market makers to receive a rebate under the
Exchange's maker/taker pricing program. The Exchange recently adopted
transaction fees and rebates for adding and removing liquidity
(``maker/taker fees'').\3\ The maker/taker fees currently apply to
trading in a select number of options classes \4\ to the following
categories of market participants: (i) Market Maker; (ii) Market Maker
Plus; (iii) Non-ISE Market Maker; \5\ (iv) Firm Proprietary; (v)
Customer (Professional); \6\ (vi) Priority Customer,\7\ 100 or more
contracts; and (vii) Priority Customer, less than 100 contracts.
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    \3\ See Securities Exchange Act Release Nos. 61869 (April 7,
2010), 75 FR 19449 (April 14, 2010); and 62048 (May 6, 2010), 75 FR
26830 (May 12, 2010).
    \4\ As of May 3, 2010, the following options classes were
subject to maker/taker fees: QQQQ, BAC, C, SPY, IWM, XLF, AAPL, GE,
JPM, INTC, GS, RIMM, T, VZ, UNG, FCX, CSCO, DIA, AMZN and X.
    \5\ A Non-ISE Market Maker, or Far Away Market Maker
(``FARMM''), is a market maker as defined in Section 3(a)(38) of the
Securities Exchange Act of 1934, as amended (``Exchange Act''),
registered in the same options class on another options exchange.
    \6\ A Customer (Professional) is a person who is not a broker/
dealer and is not a Priority Customer.
    \7\ A Priority Customer is defined in ISE Rule 100(a)(37A) as a
person or entity that is not a broker/dealer in securities, and does
not place more than 390 orders in listed options per day on average
during a calendar month for its own beneficial account(s).
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    In order to promote and encourage liquidity in options classes that
are subject to maker/taker fees, the Exchange currently offers a $0.10
per contract rebate for Market Maker Plus orders sent to the
Exchange.\8\ A Market Maker Plus is currently defined by the Exchange
as a market maker who is on the National Best Bid or National Best
Offer 80% of the time in that symbol during the current trading month
for series trading between $0.03 and $5.00 in premium.
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    \8\ The concept of incenting market makers with a rebate is not
novel. In 2008, the CBOE established a program for its Hybrid Agency
Liaison whereby it provides a $0.20 per contact rebate to its market
makers provided that at least 80% of the market maker's quotes in a
class during a month are on one side of the national best bid or
offer. Market makers not meeting CBOE's criteria are not eligible to
receive a rebate. See Securities Exchange Act Release No. 57231
(January 30, 2008), 73 FR 6752 (February 5, 2008). The CBOE has
since lowered the criteria from 80% to 60%. See Securities Exchange
Act Release No. 57470 (March 11, 2008), 73 FR 14514 (March 18,
2008).
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    The Exchange now proposes to amend the qualification standards in
order for a market maker to qualify for the $0.10 per contract rebate.
Specifically, the Exchange proposes to define a Market Maker Plus as a
market maker who is on the National Best Bid or National Best Offer 80%
of the time for series trading between $0.03 and $5.00 in premium in
each of the front two expiration months and 80% of the time for all
series trading between $0.03 and $5.00 in premium for all expiration
months for that symbol during the current trading month.
    The Exchange currently determines whether a market maker qualifies
as a Market Maker Plus at the end of each month by looking back at each
market maker's quoting statistics during that month. If at the end of
the month, a market maker meets the current 80% criteria, the Exchange
rebates $0.10 per contract for transactions executed by that market
maker during that month. The Exchange will continue to monitor each
market maker's quoting statistics to determine whether a market maker
qualifies for a rebate under the standards proposed herein.
    The Exchange also currently provides market makers a report on a
daily basis with quoting statistics so that market makers can determine
whether or not they are meeting the 80% criteria. Again, the Exchange
will continue to provide market makers a daily report so that market
makers can determine whether or not they are meeting the Exchange's new
quoting requirement to qualify for a rebate.
    The Exchange believes the proposed rule change will encourage
market makers to post tighter markets in the options classes that are
subject to maker/taker fees and thereby increase liquidity and attract
order flow to the Exchange.
    The Exchange has designated this proposal to be operative on June
1, 2010.
2. Statutory Basis
    The basis under the Exchange Act for this proposed rule change is
the requirement under Section 6(b)(4) that an exchange have an
equitable allocation of reasonable dues, fees and other charges among
its members and other persons using its facilities. The impact of the
proposal upon the net fees paid by a particular market participant will
depend on a number of variables, most important of which will be its
propensity to add or remove liquidity in the options classes that are
subject to the Exchange's maker/taker fees. The Exchange operates in a
highly competitive market in which market participants can readily
direct order flow to another exchange if they deem fee levels at a
particular exchange to be excessive. The Exchange believes that the
fees it charges for options classes that are subject to the Exchange's
maker/taker fees remain competitive with fees charged by other
exchanges and therefore continue to be reasonable and equitably
allocated to those members that opt to direct orders to the Exchange
rather than to a competing exchange. The Exchange further believes that
amending the qualification standards for market makers to qualify for a
rebate will encourage these market participants to post tighter markets
in the options classes that are subject to the Exchange's maker/taker
fees and thereby increase liquidity and attract order flow to the
Exchange.

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

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

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any

unsolicited written comments from members or other interested parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3) of the Act \9\ and Rule 19b 4(f)(2) \10\ thereunder. At any
time within 60 days of the filing of such proposed rule change, the
Commission may summarily abrogate such rule change if it appears to the
Commission that such action is necessary or appropriate in the public
interest, for the protection of investors, or otherwise in furtherance
of the purposes of the Act.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2010-54 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2010-54. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for 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 such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Number SR-ISE-2010-54 and should be
submitted on or before July 8, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Florence E. Harmon,
Deputy Secretary.
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    \11\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2010-14676 Filed 6-16-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 86, Number 181 (Wednesday, September 22, 2021)]
[Notices]
[Pages 52735-52737]
[FR Doc No: 2021-20454]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0389; FMCSA-2012-0050; FMCSA-2014-0381; FMCSA-
2015-0117; FMCSA-2016-0008; FMCSA-2019-0028; FMCSA-2019-0030; FMCSA-
2019-0031]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew exemptions for 13
individuals from the requirement in the Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV)
drivers have ``no established medical history or clinical diagnosis of
epilepsy or any other condition which is likely to cause loss of
consciousness or any loss of ability to control a CMV.'' The exemptions
enable these individuals who have had one or more seizures and are
taking anti-seizure medication to continue to operate CMVs in
interstate commerce.

DATES: The exemptions are applicable on September 30, 2021. The
exemptions expire on September 30, 2023. Comments must be received on
or before October 22, 2021.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2011-0389, Docket No. FMCSA-
2012-0050, Docket No. FMCSA-2014-0381, Docket No. FMCSA-2015-0117,
Docket No. FMCSA-2016-0008, Docket No. FMCSA-2019-0028, Docket No.
FMCSA-2019-0030, or Docket No. FMCSA-2019-0031 using any of the
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number, FMCSA-2011-0389, FMCSA-2012-0050, FMCSA-2014-
0381,

FMCSA-2015-0117, FMCSA-2016-0008, FMCSA-2019-0028, FMCSA-2019-0030, or
FMCSA-2019-0031 in the keyword box, and click ``Search.'' Next, sort
the results by ``Posted (Newer-Older),'' choose the first notice
listed, and click on the ``Comment'' button. Follow the online
instructions for submitting comments.
     Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC 20590-0001 between 9 a.m. and
5 p.m., ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
DOT, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-
0001. Office hours are from 8:30 a.m. to 5 p.m., ET, Monday through
Friday, except Federal holidays. If you have questions regarding
viewing or submitting material to the docket, contact Dockets
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2011-0389, Docket No. FMCSA-2012-0050, Docket
No. FMCSA-2014-0381, Docket No. FMCSA-2015-0117, Docket No. FMCSA-2016-
0008, Docket No. FMCSA-2019-0028, Docket No. FMCSA-2019-0030, or Docket
No. FMCSA-2019-0031), indicate the specific section of this document to
which each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online or by
fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so that
FMCSA can contact you if there are questions regarding your submission.
    To submit your comment online, go to www.regulations.gov/, insert
the docket number, FMCSA-2011-0389, FMCSA-2012-0050, FMCSA-2014-0381,
FMCSA-2015-0117, FMCSA-2016-0008, FMCSA-2019-0028, FMCSA-2019-0030, or
FMCSA-2019-0031 in the keyword box, and click ``Search.'' Next, sort
the results by ``Posted (Newer-Older),'' choose the first notice
listed, click the ``Comment'' button, and type your comment into the
text box on the following screen. Choose whether you are submitting
your comment as an individual or on behalf of a third party and then
submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number, FMCSA-2011-0389, FMCSA-2012-0050, FMCSA-2014-0381, FMCSA-2015-
0117, FMCSA-2016-0008, FMCSA-2019-0028, FMCSA-2019-0030, or FMCSA-2019-
0031 in the keyword box, and click ``Search.'' Next, sort the results
by ``Posted (Newer-Older),'' choose the first notice listed, and click
``Browse Comments.'' If you do not have access to the internet, you may
view the docket online by visiting Dockets Operations in Room W12-140
on the ground floor of the DOT West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., ET, Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting
Dockets Operations.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The physical qualification standard for drivers regarding epilepsy
found in 49 CFR 391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist Medical Examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce.
---------------------------------------------------------------------------

    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

    The 13 individuals listed in this notice have requested renewal of
their exemptions from the epilepsy and seizure disorders prohibition in
Sec.  391.41(b)(8), in accordance with FMCSA procedures. Accordingly,
FMCSA has evaluated these applications for renewal on their merits and
decided to extend each exemption for a renewable 2-year period.

III. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315(b), FMCSA will take immediate steps to revoke the
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 13
applicants has satisfied the renewal conditions for obtaining an
exemption from the epilepsy and seizure disorders prohibition. The 13
drivers in this notice remain in good standing with the

Agency, have maintained their medical monitoring and have not exhibited
any medical issues that would compromise their ability to safely
operate a CMV during the previous 2-year exemption period. In addition,
for Commercial Driver's License (CDL) holders, the Commercial Driver's
License Information System and the Motor Carrier Management Information
System are searched for crash and violation data. For non-CDL holders,
the Agency reviews the driving records from the State Driver's
Licensing Agency. These factors provide an adequate basis for
predicting each driver's ability to continue to safely operate a CMV in
interstate commerce. Therefore, FMCSA concludes that extending the
exemption for each renewal applicant for a period of 2 years is likely
to achieve a level of safety equal to that existing without the
exemption.
    As of September 30, 2021, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following 13 individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers:

Ronald Boogay (NJ)
Todd Brock (CO)
Gary Cox (TX)
Douglas Day (IN)
Tina Farmer (PA)
Jim Hughes (WA)
David Kietzman (WI)
Brian Kinkade (MO)
Charles McCarthy (MA)
Ryan Moore (NC)
Tye Moore (TN)
William Rainer, III (TX)
Jerel Sayers (ID)

    The drivers were included in docket number FMCSA-2011-0389, FMCSA-
2012-0050, FMCSA-2014-0381, FMCSA-2015-0117, FMCSA-2016-0008, FMCSA-
2019-0028, FMCSA-2019-0030, or FMCSA-2019-0031. Their exemptions are
applicable as of September 30, 2021 and will expire on September 30,
2021.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must remain seizure-free and maintain a stable
treatment during the 2-year exemption period; (2) each driver must
submit annual reports from their treating physicians attesting to the
stability of treatment and that the driver has remained seizure-free;
(3) each driver must undergo an annual medical examination by a
certified ME, as defined by Sec.  390.5; and (4) each driver must
provide a copy of the annual medical certification to the employer for
retention in the driver's qualification file, or keep a copy of his/her
driver's qualification file if he/she is self-employed. The driver must
also have a copy of the exemption when driving, for presentation to a
duly authorized Federal, State, or local enforcement official. The
exemption will be rescinded if: (1) The person fails to comply with the
terms and conditions of the exemption; (2) the exemption has resulted
in a lower level of safety than was maintained before it was granted;
or (3) continuation of the exemption would not be consistent with the
goals and objectives of 49 U.S.C. 31136(e) and 31315(b).

VI. Preemption

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

VII. Conclusion

    Based on its evaluation of the 13 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the epilepsy
and seizure disorders prohibition in Sec.  391.41(b)(8). In accordance
with 49 U.S.C. 31136(e) and 31315(b), each exemption will be valid for
2 years unless revoked earlier by FMCSA.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-20454 Filed 9-21-21; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 87, Number 43 (Friday, March 4, 2022)]
[Notices]
[Page 12477]
[FR Doc No: 2022-04592]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4637-DR; Docket ID FEMA-2022-0001]

Tennessee; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Tennessee (FEMA-4637-DR), dated January 14,
2022, and related determinations.

DATES: The declaration was issued January 14, 2022.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated January 14, 2022, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of Tennessee resulting from severe storms, straight-line winds, and
tornadoes during the period of December 10 to December 11, 2021, is
of sufficient severity and magnitude to warrant a major disaster
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of Tennessee.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation and Other Needs Assistance under section 408 will
be limited to 75 percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Myra M. Shird, of FEMA is appointed
to act as the Federal Coordinating Officer for this major disaster.
    The following areas of the State of Tennessee have been designated
as adversely affected by this major disaster:

    Cheatham, Davidson, Dickson, Gibson, Henderson, Henry, Lake,
Obion, Stewart, Sumner, Weakley, and Wilson Counties for Individual
Assistance, including the Individuals and Households Program, Crisis
Counseling Program, Disaster Unemployment Assistance, and Disaster
Legal Services.
    All areas within the State of Tennessee are eligible for
assistance under the Hazard Mitigation Grant Program.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households in Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-04592 Filed 3-3-22; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 81, Number 178 (Wednesday, September 14, 2016)]
[Notices]
[Pages 63177-63178]
[FR Doc No: 2016-22013]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR16-25-000]

Medallion Pipeline Company, LLC; Notice of Petition for
Declaratory Order

    Take notice that on September 2, 2016, pursuant to Rule 207(a)(2)
of the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and Procedure, 18 CFR 385.207(a)(2)(2016), Medallion Pipeline
Company, LLC (Medallion) filed a petition for a declaratory order
seeking approval of the overall rate and tariff structure for a
proposed expansion of Medallion's crude oil pipeline system, which will
extend the geographic reach of the Medallion pipeline system and
provide shippers with flexibility and new outlets for production, all
as more fully explained in the petition.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Petitioner.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on September 30, 2016.

    Dated: September 7, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-22013 Filed 9-13-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 15, 2005 (Volume 70, Number 219)]
[Notices]
[Page 69337-69338]
[DOCID:fr15no05-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application Accepted for Filing and Soliciting Motions
To Intervene, Protests, and Comments

November 8, 2005.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12607-000.
    c. Date filed: August 15, 2005.
    d. Applicant: Town of Massena Electric Department.
    e. Name of Project: Massena Grasse Hydroelectric Project.
    f. Location: In the town of Massena, on the Grasse River, in St.
Lawrence County, New York.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Andrew McMahon, P.E., Superintendent,
Town of Massena Electric Department, 71 East Hatfield Street, Massena,
New York 13662,<PHONE_NUMBER>, Fax<PHONE_NUMBER>, and e-mail
<EMAIL_ADDRESS>
    i. FERC Contact: Patricia W. Gillis at<PHONE_NUMBER> or e-mail
<EMAIL_ADDRESS>
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed project would consist of:
(1) A proposed 22-foot-high, 245-foot-long concrete gravity dam, (2) a
proposed impoundment having a surface area of 300 acres, with
negligible storage and normal water surface elevation of 178 feet mean
sea level, (3) a proposed powerhouse containing one generating unit
having an installed capacity of 2.5 megawatts, (4) a proposed 23-
kilovolt quarter mile sub-transmission line, and (5) appurtenant
facilities. The project would have an annual generation of 9,600
megawatt hours that would be used by the Town of Massena Electric
Department.
    l. Locations of Applications: A copy of the application is
available for inspection and reproduction at the Commission in the
Public Reference Room, located at 888 First Street NE., Room 2A,
Washington, DC 20426, or by calling<PHONE_NUMBER>. This filing may
also be viewed on the Commission's Web site at http://www.ferc.gov

using the ``eLibrary'' link. Enter the docket number excluding the last
three digits in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item
h. above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Competing Preliminary Permit: Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR
4.30(b) and 4.36.
    o. Competing Development Application: Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30(b) and 4.36.
    p. Notice of Intent: A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    q. Proposed Scope of Studies under Permit: A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    r. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper; See 18 CFR 385.2001 (a)(1)(iii) and
the instructions on the Commission's Web site under ``e-filing'' link.
The Commission strongly encourages electronic filing.
    s. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as
applicable, and the Project Number of the particular application to
which the filing refers. Any of the above-named documents must be filed
by providing the original and the number of copies provided by the
Commission's regulations to: The Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426. A copy of any
motion to intervene must also be served upon each representative of the
Applicant specified in the particular application.
    t. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an

agency's comments must also be sent to the Applicant's representatives.

Magalie R. Salas,
Secretary.
[FR Doc. E5-6285 Filed 11-14-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 57 (Monday, March 25, 2019)]
[Notices]
[Pages 11162-11163]
[FR Doc No: 2019-05600]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0064; Notice 2; Docket No. NHTSA-2018-0005;
Notice 2]

Autocar Industries, LLC and Hino Motors Sales U.S.A., Inc., Grant
of Petitions for Decision of Inconsequential Noncompliance

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

ACTION: Grant of petitions.

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SUMMARY: Autocar Industries, LLC (Autocar Industries) and Hino Motors
Sales U.S.A., Inc., (Hino), have determined that certain model year
(MY) 2014-2018 Autocar Xpert trucks and certain MY 2014-2018 Hino
heavy-duty trucks do not fully comply with Federal Motor Vehicle Safety
Standard (FMVSS) No. 101, Controls and Displays. The petitioners have
requested that NHTSA deem the subject noncompliances inconsequential to
motor vehicle safety. This notice announces the grant of these
petitions.

FOR FURTHER INFORMATION CONTACT: Joshua Campbell, Office of Vehicle
Safety Compliance, NHTSA, telephone<PHONE_NUMBER>, facsimile (202)
366-3081.

SUPPLEMENTARY INFORMATION:

I. Overview

    Autocar Industries has determined that certain MY 2014-2018 Autocar
Xpert trucks do not fully comply with Table 2 of FMVSS No. 101,
Controls and Displays (49 CFR 571.101). Autocar Industries filed a
report dated June 12, 2017, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports. Autocar Industries also
petitioned NHTSA on June 19, 2017, and later submitted a supplemental
petition on August 29, 2017, pursuant to 49 U.S.C. 30118(d) and
30120(h) and 49 CFR part 556, for an exemption from the notification
and remedy requirements of 49 U.S.C. chapter 301 on the basis that this
noncompliance is inconsequential as it relates to motor vehicle safety.
Notice of receipt of Autocar Industries' petition was published with a
30-day public comment period on August 16, 2017, in the Federal
Register (82 FR 38997). No comments were received.
    Hino has determined that certain MY 2014-2018 Hino heavy duty
trucks do not fully comply with the requirements of Table 2 of FMVSS
No. 101, Controls and Displays. Hino filed a report dated December 11,
2017, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. Hino also petitioned NHTSA on December 21,
2017, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556,
for an exemption from the notification and remedy requirements of 49
U.S.C. Chapter 301 on the basis that this noncompliance is
inconsequential as it relates to motor vehicle safety. Notice of
receipt of Hino's petition was published with a 30-day public comment
period on February 22, 2018, in the Federal Register (83 FR 7846). No
comments were received.

II. Vehicles Involved

    Approximately 522 MY 2014-2018 Autocar Xpert trucks, manufactured
between September 05, 2013 and September 05, 2017, are potentially
involved.
    Approximately 30,025 MY 2014-2018 Hino NJ8J, NV8J, and NH8J heavy-
duty trucks, manufactured between September 1, 2013, and October 30,
2017, are potentially involved.

III. Noncompliance

    The petitioners explain that the subject noncompliance is the low
brake air pressure telltale for air brake systems displays the
International Standards Organization (ISO) symbol for brake malfunction
rather than the words ``Brake Air'' as specified in Table 2 of FMVSS
No. 101. Both petitioners stated that the ISO telltale is accompanied
by an audible alert and pressure gauges.

IV. Regulatory Requirements

    Paragraphs S5 and S5.2.1 of FMVSS No. 101 include the requirements
relevant to this petition:
     Each passenger car, multipurpose passenger vehicle, truck
and bus that is fitted with a control, a telltale, or an indicator
listed in Table 1 or Table 2, must meet the requirements of FMVSS No.
101 for the location, identification, color, and illumination of that
control, telltale or indicator.
     Each control, telltale, and indicator that is listed in
column 1 of Table 1 or Table 2 must be identified by the symbol
specified for it in column 2 or the word or abbreviation specified for
it in column 3 of Table 1 or Table 2.

V. Summary of Petitions

    The petitioners described the subject noncompliance and stated
their belief that the noncompliance is inconsequential as it relates to
motor vehicle safety. In support, the petitioners submitted the
following arguments:
    1. Both petitioners noted that the purpose of the low brake air
pressure telltale is to alert the driver to a low air condition,
consistent with the requirements of FMVSS No. 121, S5.1.5 (warning
signal). The vehicles in question display the ISO symbol for brake
malfunction instead of ``Brake Air,'' along with an audible alert that
would alert the driver to an air issue with the brake system. Once
alerted, the driver can check the actual air pressure by reading the
primary and secondary air gauges and seeing the contrasting color on
the gauges indicating low pressure.
    2. Autocar Industries cited that in a 2005 FMVSS No. 101
rulemaking, NHTSA stated that the reason for including vehicles over
10,000 pounds GVWR in the application of the standard is that drivers
of heavier vehicles need to see and identify their displays just like
drivers of lighter vehicles. See 70 FR 48295, 48298 (Aug. 17, 2005).
Drivers of commercial vehicles conduct pre-trip daily inspections. For
vehicles with pneumatic brake systems, there is an in-cab air brake
diagnostic that checks for a warning light and buzzer at 60 PSI, and
this would familiarize the driver with the specific telltale and
audible warning used in the event a low-air condition occurred during
operation.
    3. Hino stated that when the air pressure drops below 79 psi, the
ISO symbol illuminates and the audible alert sounds, both of which are
described in the Driver's/Owner's Manual of the subject vehicles.
Therefore, even if the telltale does not use the required ``Brake Air''
display, the driver is alerted that the air pressure is low.
    4. Both petitioners noted that there are two scenarios when a low
brake air pressure condition could exist: A parked vehicle and a moving
vehicle. In both conditions, the driver would be alerted to a low-air
condition by the following means:
     Red contrasting color of the ISO brake malfunction
telltale.
     Audible alert to the driver as long as the vehicle has low
air (and park brake is released).
     Dual indicator air pressure gauge for the primary and
secondary air reservoirs, clearly indicating the level of air pressure
in the system.
     Red contrasting color on the air gauges indicating low air
pressure.
    The functionality and performance of both the parking brake system
and the service brake system remain unaffected by using the ISO symbol
for brake malfunction instead of ``Brake Air'' for the telltale in the
subject vehicles.

    5. NHTSA Precedents--The petitioners noted that NHTSA has
previously granted petitions for decisions of inconsequential
noncompliance for the following similar brake telltale issues:
     Docket No. NHTSA-2017-0011, 82 FR 33551 (July 20, 2017),
grant of petition for Daimler Trucks North America, LLC.
     Docket No. NHTSA-2014-0046, 79 FR 78559 (December 30,
2014), grant of petition for Chrysler Group, LLC.
     Docket No. NHTSA-2012-0004, 78 FR 69931 (November 21,
2013), grant of petition for Ford Motor Company.
     Docket No. NHTSA-2017-011, 82 FR 33551 (July 20, 2017),
Grant of Petition for Decision of Inconsequential Noncompliance for
Daimler Trucks North America, LLC.
    In these instances, the vehicles displayed an ISO symbol for the
brake telltale instead of the wording required under FMVSS No. 101. The
ISO symbol, in combination with other available warnings, was deemed
sufficient to provide the necessary driver warnings.
    The petitioners concluded by expressing their belief that the
subject noncompliance is inconsequential as it relates to motor vehicle
safety, and that NHTSA should grant their petitions to be exempted from
providing notification of the noncompliance, as required by 49 U.S.C.
30118, and a remedy for the noncompliance, as required by 49 U.S.C.
30120.
    The petitioner's complete petitions and all supporting documents
are available by logging onto the Federal Docket Management System
(FDMS) website at: https://www.regulations.gov and following the online
search instructions to locate the docket numbers listed in the title of
this notice.

VI. NHTSA's Analysis

    NHTSA has considered the arguments presented by the petitioners and
has determined that the subject noncompliance is inconsequential to
motor vehicle safety. NHTSA believes that the subject noncompliance
poses no risk to motor vehicle safety because multiple sources of
information, as described in the petition and discussed below, are
simultaneously activated to warn the driver of a low air pressure
condition in the brake system.
    1. When a low air pressure situation exists, for both a parked or
moving vehicle, the ISO symbol will illuminate in red with a black
background. The petitioner's use of red is an accepted color
representing an urgent condition and provides a definitive indication
of a situation that needs attention.
    2. Simultaneous to illumination of the ISO symbol is activation of
an audible alert, further notifying the operator that a malfunction
exists, requiring corrective action. Although the alert would not, in
and of itself, identify the problem, a driver would be prompted by the
warning tone to heed the telltale (i.e., ISO symbol).
    3. In a low-pressure situation, the operator is provided additional
feedback by the primary and secondary instrument cluster air gauges
which are marked with numerical values in PSI units along with red
contrasting colors on the gauges during a low-pressure condition.
    4. Further, NHTSA agrees with the petitioners that the
functionality of the parking brake system and the braking performance
of the service brake system remain unaffected by use of the ISO symbol
instead of the words ``Brake Air'' on the subject vehicles.
    5. Lastly, NHTSA believes that, as the affected trucks are
predominately used as commercial vehicles with professional drivers,
operators will monitor their vehicle's condition and take note of any
warning signs and gauge readings to ensure proper functionality of all
systems. The petitioners stated, and the agency agrees, that
professional drivers will become familiar with the meaning of telltales
and other warnings and that the feedback provided to the driver in
these vehicles, if a low brake pressure condition exists, would be well
understood. This learning process is reinforced by the in-cab function
check for the brake pressure telltale and audible warning.
    6. The ISO symbol has been used on U.S.-certified vehicles for many
years. If the driver is not familiar with its meaning, the Owner's
manual can be referenced which will explain the relationship with the
brake system. Over time, the ISO symbol has evolved to become
increasingly recognizable and understandable to drivers so if it is
activated, they would likely be alerted to a possible brake system
malfunction which needs to be remedied.
    NHTSA concludes that simultaneous activation of the red ISO symbol
with a black contrasting background, an audible alert for a low air
pressure condition, along with the primary and secondary air gauge
indicators, and the reduced drivability of the vehicles under a low air
pressure condition, provide adequate notification to the operator that
a brake malfunction exists. NHTSA further concludes that the
discrepancy with the telltale requirement is unlikely to lead to any
misunderstanding since other sources of correct information beyond the
``Brake Air'' telltale are provided when a low air pressure condition
exists.

VII. NHTSA's Decision

    In consideration of the foregoing, NHTSA finds that Autocar
Industries and Hino have met their burden of persuasion that the FMVSS
No. 101 noncompliance is, in each case, inconsequential as it relates
to motor vehicle safety. Accordingly, Autocar Industries and Hino's
petitions are hereby granted, and they are exempted from the obligation
to provide notification of and remedy for, the subject noncompliance in
the affected vehicles under 49 U.S.C. 30118 and 30120.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, this decision
only applies to the subject vehicles that Autocar Industries and Hino
no longer controlled at the time it determined that the noncompliance
existed. However, the granting of this petition does not relieve
vehicle distributors and dealers of the prohibitions on the sale, offer
for sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant vehicles under their control after Autocar
Industries and Hino notified them that the subject noncompliance
existed.

    Authority: 49 U.S.C. 30118, 30120, delegations of authority at
49 CFR 1.95 and 501.8.

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2019-05600 Filed 3-22-19; 8:45 am]
 BILLING CODE 4910-59-P


Attachment D       Pesticide Registration Maintenance Fee Filing Form and Instructions: See web site at: https://www.epa.gov/sites/production/files/2016-10/documents/maintfee_form8570-30_blank.pdf


[Federal Register Volume 76, Number 232 (Friday, December 2, 2011)]
[Notices]
[Pages 75573-75575]
[FR Doc No: 2011-30983]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65845; File No. SR-NYSE-2011-59]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Amending Its Listed Company Manual To Apply Listing and Annual Fees to
Foreign Private Issuers of Certain Debt Securities

November 28, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on November 18, 2011, the New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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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 the Listed Company Manual to include
a fee that it believes was inadvertently omitted. In particular, the
Exchange proposes to apply Listing and Annual fees to foreign private
issuers of debt securities listed under Section 103.05 of the Listed
Company Manual. The text of the proposed rule change is available at
the Exchange, the Commission's Public Reference Room, and http://www.nyse.com.

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 self-regulatory organization
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 those 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    NYSE proposes to amend the Listed Company Manual to include a fee
that it believes was inadvertently omitted. In particular, the Exchange
proposes to apply Listing and Annual Fees to foreign private issuers of
debt securities listed under Section 103.05 of the Listed Company
Manual.
Debt Securities Listed Under Section 102.03 or 103.05
    Under Section 102.03 of the Listed Company Manual, a debt security
for a domestic company may be listed on the Exchange if it has an
aggregate market value or principal amount of no less than $5,000,000
and meets certain other requirements.\3\ Under Section 103.05, a debt
security of a foreign private issuer also may be listed on the Exchange
if it has an aggregate market value or principal amount of no less than
$5,000,000 and meets certain requirements substantially similar to
those applicable to a domestic debt security.\4\
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    \3\ The debt security must be characterized by one of the
following conditions: (a) The issuer of the debt security has equity
securities listed on the Exchange; (b) an issuer of equity
securities listed on the Exchange directly or indirectly owns a
majority interest in, or is under common control with, the issuer of
the debt security; (c) an issuer of equity securities listed on the
Exchange has guaranteed the debt security; (d) a nationally
recognized securities rating organization (``NRSRO'') has assigned a
current rating to the debt security that is no lower than an S&P
Corporation ``B'' rating or an equivalent rating by another NRSRO;
or (e) if no NRSRO has assigned a rating to the issue, an NRSRO has
currently assigned (i) an investment grade rating to a senior issue,
or (ii) a rating that is no lower than an S&P Corporation ``B''
rating, or an equivalent rating by another NRSRO, to a pari passu or
junior issue.
    \4\ The only difference in the requirements is that under
Section 102.03, a convertible debt issue must have an aggregate
market value or principal amount of no less than $10,000,000 and may
be listed only if the underlying equity securities are subject to
real-time last sale reporting in the United States.
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    The Listing and Annual Fees for debt securities listed under
Section 102.03 are set forth in Section 902.08. For the non-listed debt
securities of NYSE equity issuers and affiliated companies, and for the
domestic debt securities of issuers exempt from registration under
[sic] Securities and Exchange Act of 1934 (the ``Act''), no fees are
charged. For the listed debt securities of NYSE equity issuers and
affiliated companies, an initial Listing Fee of $5,000 and an Annual
Fee of $5,000 are charged. For all other debt securities listed under
Section 102.03, an initial Listing Fee of $5,000 and an Annual Fee of
$5,000 are charged.
    Under Section 902.02, certain Listing and Annual Fees that may be
billed to an issuer in a calendar year are currently capped at
$500,000. Listing and Annual Fees for securities listed under Section
102.03 are currently subject to the $500,000 cap in Section 902.02.
    The Exchange proposes to amend Section 902.08 to make it also
applicable to debt securities listed under Section 103.05; the Exchange
believes that such a reference to Section 103.05 was inadvertently
omitted because the Exchange intended to treat these similarly situated
securities in the same way for fee purposes. The Exchange believes that
there is no substantial difference between the listing support,
regulatory, and administrative activities that must be carried out for
securities listed under Section 102.03 or 103.05 and accordingly these
securities should be charged the same fees.\5\
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    \5\ Like securities listed under Section 102.03, Listing and
Annual Fees for securities listed under Section 103.05 would be
subject to the $500,000 cap in Section 902.02.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6(b) of the Securities Exchange Act of
1934 (the ``Act''),\6\ in general, and Section 6(b)(4) of the Act,\7\
in particular, in that it is designed to provide for the equitable
allocation of reasonable dues, fees, and other charges among its
members and other persons using its facilities. The Exchange believes
that the proposed fees for foreign private issuers of debt are
reasonable and equitably allocated because they are the same fees that
are charged to issuers of domestic debt listed under substantially the
same criteria. The Exchange engages in the same listing support,
regulatory, and administrative activities for domestic securities
listed under Section 102.03 as it does for foreign securities listed
under Section 103.05.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \8\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \9\ thereunder, because it establishes a due, fee, or other charge
imposed by the Exchange. At any time within 60 days of the filing of
such proposed rule change, the Commission summarily may temporarily
suspend such rule change if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(2).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2011-59 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-NYSE-2011-59. 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 inspection and copying in the
Commission's Public Reference Section, 100 F Street NE., Washington, DC
20549-1090. Copies of the filing will also be available for inspection
and copying at the NYSE's principal office and on its Internet Web site
at http://www.nyse.com. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File Number
SR-NYSE-2011-59 and should be submitted on or before December 23, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-30983 Filed 12-1-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Notices]
[Pages 28596-28597]
[FR Doc No: 2021-11276]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-OW-2013-0610; FRL-10024-55-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Clean Water Act Section 404 State-Assumed
Programs (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), Clean Water Act Section 404
State-Assumed Programs (EPA ICR Number 0220.14, OMB Control Number
2040-0168) to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act. This is a
proposed extension of the ICR, which is currently approved through July
31, 2021. Public comments were previously requested, via Federal
Register during a 60-day comment period. This notice allows for an
additional 30 days for public comments. A fuller description of the ICR
is given below, including its estimated burden and cost to the public.
An agency may not conduct, or sponsor and a person is not required to
respond to a collection of information unless it displays a currently
valid OMB control number.

DATES: Comments must be received on or before June 28, 2021.

ADDRESSES: Submit your comments to EPA, referencing Docket ID EPA-OW-
2013-0610, online using www.regulations.gov (our preferred method), or
by mail to: EPA Docket Center, Environmental Protection Agency, Mail
Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460. EPA's
policy is that all comments received will be included in the public
docket without change including any personal information provided,
unless the comment includes profanity, threats, information claimed to
be Confidential Business Information (CBI), or other information whose
disclosure is restricted by statute. Submit written comments and
recommendations to OMB for the proposed information collection within
30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function.

FOR FURTHER INFORMATION CONTACT: Dolores Wesson, Oceans, Communities,
and Wetlands Division, Environmental Protection Agency, 1200
Pennsylvania Ave. NW (4504T), Washington, DC 20460; telephone number:
202-566-2755; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that EPA will be collecting, are available in
the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC The telephone
number for the Docket Center is<PHONE_NUMBER>.
    Abstract: Section 404(g) of the Federal Water Pollution Control Act
(FWPCA/CWA) authorizes States and Tribes to assume the section 404
permit program for discharges of dredged or fill material into certain
waters of the United States. This ICR covers the collection of
information EPA needs to perform its program approval and oversight
responsibilities and the State or Tribe needs to implement its program.
    Request to assume CWA section 404 permit program. States and Tribes
must demonstrate that they meet the statutory and regulatory
requirements at 40 CFR part 233 for an approvable program. Specified
information and documents must be submitted by the State or Tribe to
EPA to request assumption and must be sufficient to enable EPA to
undertake an analysis of the State or tribal program. The information
contained in the assumption request submission is provided to the other
involved federal agencies (e.g., U.S. Army Corps of Engineers, U.S.
Fish and Wildlife Service, and National Marine Fisheries Service) and
to the public for review and comment.
    Permit application information. States and Tribes with assumed
programs must be able to issue permits that assure compliance with all
applicable statutory and regulatory requirements, including CWA section
404(b)(1) Guidelines. Sufficient information must be provided in the
application so that States or Tribes and federal agencies reviewing the
permit can evaluate, avoid, minimize, and compensate for any
anticipated impacts resulting from the proposed project. EPA's
assumption regulations at 40 CFR 233.30 establish

required and recommended elements that should be included in the State
or Tribe's permit application, so that sufficient information is
available to make a thorough analysis of anticipated impacts. These
minimum information requirements generally reflect the information that
must be submitted when applying for a section 404 permit from the U.S.
Army Corps of Engineers. (CWA section 404(h); CWA section 404(j); 40
CFR 230.10, 233.20, 233.21, 233.34, and 233.50; 33 CFR 325)).
    Annual report and program information. EPA has an oversight role
for assumed section 404 permitting programs to ensure that State or
tribal programs are in compliance with applicable requirements and that
State or tribal permit decisions adequately consider, avoid, minimize,
and compensate for anticipated impacts. States and tribes must evaluate
their programs annually and submit the results in a report to EPA.
EPA's assumption regulations at 40 CFR 233.52 establish minimum
requirements for the annual report.
    The information included in the State or Tribe's assumption request
and the information included in a permit application is made available
for public review and comment. The information included in the annual
report to EPA is made available to the public. EPA does not make any
assurances of confidentiality for this information.
    Form Numbers: None.
    Respondents/affected entities: States requesting assumption of the
CWA section 404 permit program; States with approved assumed programs;
and permit applicants for assumed State programs. No Tribes are
expected to assume at this time.
    Respondent's obligation to respond: Required to obtain or retain a
benefit (40 CFR 233).
    Estimated number of respondents: Two States to request program
assumption; 9,022 permit applicants; and four States with assumed
programs.
    Frequency of response: States will respond one time to request
assumption; if the program is approved, they will respond annually for
the annual report; permit applicants will respond one time when
requesting a permit.
    Total estimated burden: 218,836 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: Costs to States for assumed section 404
permit programs will vary widely by State and permit; however, the
total estimated costs for four programs is $5,641,625.21 and costs to
permittees in State-assumed programs is $1,266,824.13. There are $0
capital or operation and maintenance costs.
    Changes in estimates: There is an increase of 99,174 hours in the
total estimated respondent burden compared with the ICR currently
approved by OMB. There are several reasons for this increase: (1) A
small increase in the estimated hours to assume a program based on
information provided by Michigan and New Jersey; (2) recent changes to
policy addressing endangered species and historic preservation
requiring; (3) including burden to State-assumed programs of permit
review and to permittees; and (4) a small increase in the estimated
hours for permit review by Michigan and New Jersey and for completing
the annual report by Michigan. The estimated number of permits per
state has been reduced based on data provided by New Jersey and
Michigan.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2021-11276 Filed 5-26-21; 8:45 am]
BILLING CODE 6560-50-P