 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C. 20460

							OFFICE OF CHEMICAL SAFETY AND

	                 OFFICE OF CHEMICAL SAFETY AND

                                             POLLUTION PREVENTION

MEMORANDUM

Date:		September 1, 2011

SUBJECT:	Pyriofenonene - ToxSAC Meeting on August 11, 2011

PC Code:  028828	DP Barcode:   NA

Decision No.:  NA	Registration No.:  NA

Petition No.: NA	Regulatory Action: NA

Risk Assessment Type:  Single Chemical Aggregate	Case No.: NA

TXR No.:  NA	CAS No.:  NA

MRID No.:  NA	40 CFR: NA

FROM:	Marquea D. King, Acting ToxSAC Executive Secretary

		Health Effects Division (7509P)

THROUGH:	Elizabeth Mendez, ToxSAC Chair

		Health Effects Division (7509P)

TO:		Kit Farwell, Toxicologist

		RAB III, Health Effects Division (7509P)

ToxSAC Meeting Notes for 8/11/11 Meetings on Pyriofenonene

Team Members: 	Kit Farwell (Toxicologist), Mike Metzger (Branch Chief)

ToxSAC Members:	Abdallah Khasawinah, Marquea King, Whang Phang*, Elissa Reaves*, Jessica Ryman

*designated reviewers

Other Attendees: 	William Irwin, Khin Oo, Yung Yang, Chester Rodriguez, Alan Levy, Karlyn Middleton, PMRA Canada (on phone: Trisha Murray, Steve Wong)

Background:

Exposure Summary

Pyriofenone is being assessed for a dietary import tolerance and is being reviewed as a joint review with PMRA, which had the lead for toxicity reviews.  The PMRA reviews have undergone secondary review by HED and appropriate changes have been made.  Both the HED and PMRA toxicologists agree on NOAELs and interpretation of the studies and there are no differences between the two agencies in their respective DERs.

Use Pattern

Not provided.

Residential Exposure

There are currently no registered or proposed residential uses of pyriofenone.

Occupational Exposure

There are currently no registered or proposed occupational uses of pyriofenone.

I. General Comments

1. The toxicologist should provide additional details in the hazard characterization regarding the details of the microscopic changes and/or lesions.  Also background on the hazard and any information on the mode of action would be useful.

2. In the toxicity profile table, clarify that the rabbit developmental toxicity seen was treatment related and adverse but not considered acute.

3. Rabbit Developmental DER:

Maternal Effects: The reviewer should check to see if there were particular differences in food consumption for does euthanized with signs of abortion.  If food consumption was affected in the two high dose treated animals then it is possible that the abortions in these animals were not due to an acute exposure but rather secondary to a sustained decrease in maternal food consumption (indicative of maternal distress).  Conversely, if those does did not show such changes then it is likely that the abortions are due to an acute effect.  If the latter is the case, then the ToxSAC recommends establishing an acute RfD for females of reproductive age based on abortions seen in this study.

4. Dog Chronic Toxicity DER:

Robustness:  The NOAEL is currently 14 mg/kg/day based on liver toxicity while the rat chronic toxicity study is 9 mg/kg/day based on an increased incidence of nephropathy.  Characterize the effects from the chronic dog study to explain why the rat study is more robust.

5.  The committee noted a number of inconsistencies between the toxicity profile table, the NOAEL/LOAELs statements in DERs and – in some instances – discrepancies between executive summaries and text in the body of the DER.  As an example, in the developmental study in rats, the body of the DER states that “the decrease in food consumption in the main study is not considered toxicologically significant.”  However, the maternal LOAEL is based on abortions and decreased food consumption.  If the finding is not toxicologically significant, then it should be removed from the LOAEL statement.  In addition, the developmental LOAEL for this study should also include the decreases in fetal weight at 300 mg/kg/day (↓17%) as part of the LOAEL statement.

II. Questions for the ToxSAC:

1)	Please comment on the endpoint.

ToxSAC Response:

Acute:  please see rabbit developmental comment above.

Chronic Dietary:  Use a NOAEL of 9 mg/kg/day from the rat chronic toxicity/carcinogenicity  study with characterization as to why the chronic dog study is not as robust.  Also for the chronic dog study use the NOAEL of 500 ppm (14 mg/kg/day) and a LOAEL of 3000 ppm (84/86 mg/kg/day, males and females, respectively).  In the absence of corroborative data. a change in alkaline phosphatase as seen in females at 500 ppm is not considered adverse.  In the subchronic dog study use a NOAEL of 3000 ppm (90 mg/kg/day) since the only observed effect in females at 3000 ppm was an increase in alkaline phosphatase with no other corroborative findings.

Incidental Oral – N/A

FQPA:  The committee concurred with the risk assessment team’s recommendation that the FQPA factor be reduced to 1X.  No enhanced susceptibility of the young was noted in the available developmental or reproductive toxicity studies.  In addition, endpoint selection is based on the most sensitive endpoint and population available and thus is protective for the developmental/offspring effects noted in the database.

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[Federal Register: August 22, 2008 (Volume 73, Number 164)]
[Notices]
[Page 49725-49726]
[DOCID:fr22au08-121]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58378; File No. SR-Amex-2008-67]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Modifying the Definition of ``Independent Director'' in the Amex
Company Guide

August 18, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of
1934, as amended (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is
hereby given that on August 15, 2008, the American Stock Exchange LLC
(``Amex'' 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(l).
    \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 Section 803 of the Amex Company
Guide (the ``Company Guide'') to modify the definition of ``independent
director.'' The text of the proposed rule change is available on the
Amex's Web site at http://www.amex.com, the Office of the Secretary,
the Amex and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Amex 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 Amex 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Section 803(A)(2)(b) of the Company Guide generally precludes a
director of a listed issuer from being considered ``independent'' if
the director (or an immediate family member of a director) received
more than $100,000 in compensation from the issuer or any parent or
subsidiary of the issuer within any twelve-month period in the three
years preceding the determination of the director's independence
status. The Exchange proposes to raise this amount to $120,000 to
conform its independence standard in this respect with a NASDAQ Stock
Market LLC (``Nasdaq'') rule change just approved by the Commission and
a similar proposal submitted and pending before the Commission by the
New York Stock Exchange LLC (``NYSE'').\3\
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    \3\ See Securities Exchange Act Release Nos. 58335 (August 8,
2008) (SR-NASDAQ-2008-053) (approving similar modifications to
NASDAQ Rule 4200(a)(15)(B) and IM-4200) (Release No. 34-58335); and
58367 (August 15, 2008) (proposing similar modifications to Section
303A.02 of the NYSE Listed Company Manual).
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    In addition, the proposed change will harmonize the Exchange's
independence standards with the existing $120,000 disclosure threshold
applicable to related party transactions set by the Commission in
Regulation S-K, Item 404.\4\ Use of this consistent standard will
enhance the Exchange's ability to assess compliance with the
independent director requirements because listed issuers are uniformly
required under Item 404 of Regulation S-K to disclose compensation to
directors in excess of $120,000, but are not necessarily required to
disclose compensation between $100,000 and $120,000. Further, the
Exchange believes that by making its ``bright line'' standard with
respect to the maximum amount of compensation a director (or an
immediate family member of a director) can receive from the issuer (or
any parent or subsidiary) consistent with the equivalent standard of
Nasdaq and proposed by NYSE, it will provide a uniform standard for
issuers to understand and apply. However, the Exchange notes that even
if a director passes the ``bright line'' standard as proposed to be
amended, an issuer's board of directors must still make an affirmative
determination that such director has no relationship with the issuer
that would interfere with the director's exercise of independent
judgment in carrying out the responsibilities of a director.\5\
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    \4\ See 17 CFR 229.404 and 17 CFR 228.404; see also Securities
Exchange Act Release No. 54302A (August 29, 2006), 71 FR 53158
(September 8, 2006).
    \5\ See Section 803(A)(2) of the Company Guide.

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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\6\ in general, and furthers the objectives of Section 6(b)(5) of
the Act,\7\ in particular, in that it is designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest. Specifically,
the proposal will align the Exchange's independent director standards
with those of Nasdaq and NYSE, as well as with the Commission's
disclosure requirements, thereby providing a uniform standard for
issuers to understand and apply.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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.

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

    The Exchange did not receive any written comments on the proposed
rule change.

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

    The Amex has designated the proposed rule change as one that: (1)
Does not significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) does not become operative for 30 days from the date of filing,
or such shorter time as the Commission may designate if consistent with
the protection of investors and the public interest. In addition, as
required under Rule 19b-4(f)(6)(iii),\8\ the Amex provided the
Commission with written notice of its intention to file the proposed
rule change, along with a brief description of the text of the proposed
rule change, at least five business days prior to filing the proposal,
or such shorter time as designated by the Commission.\9\ Therefore, the
proposed rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
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    \8\ 17 CFR 240.19b-4(f)(6)(iii).
    \9\ The Exchange has requested that the Commission waive the 5-
day pre-filing notice requirement under Rule 19b-4(f)(6)(iii) given
that the instant rule filing was originally made pursuant to Section
19(b)(2) of the Act on August 13, 2008, and Commission staff
requested on August 14, 2008 that the filing be re-submitted
pursuant to Section 19(b)(3)(A). The Commission grants such waiver.
    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
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    The Amex has further requested the Commission to waive the 30-day
operative delay. The Commission hereby grants Amex's request.\12\
Waiving the 30-day operative delay is consistent with the protection of
investors and the public interest because the Amex proposal is
consistent with a proposal by Nasdaq that recently was approved by the
Commission.\13\ The Commission notes that no comments were received on
the Nasdaq proposal. Therefore, the Commission believes that waiving
the 30-day operative delay is consistent with the protection of
investors and the public interest and designates the proposed rule
change as operative upon filing.
---------------------------------------------------------------------------

    \12\ For purposes of waiving the 30-day operative delay, the
Commission has considered the proposal's impact on efficiency,
competition, and capital formation. 15 U.S.C. 78c(f).
    \13\ See Release No. 34-58335, supra note 3.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

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-Amex-2008-67 on the subject line.

Paper Comments

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

    All submissions should refer to File Number SR-Amex-2008-67. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 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 available publicly. All
submissions should refer to File Number SR-Amex-2008-67 and should be
submitted on or before September 12, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Florence E. Harmon,
Acting Secretary.
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    \14\ 17 CFR 200.30-3(a)(12).
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 [FR Doc. E8-19551 Filed 8-21-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: August 12, 2010 (Volume 75, Number 155)]
[Notices]
[Page 49015-49016]
[DOCID:fr12au10-100]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[DOT Docket No. DOT-OST-2010-0074]

Future of Aviation Advisory Committee (FAAC); Notice of Meeting

AGENCY: U.S. Department of Transportation, Office of the Secretary of
Transportation

ACTION: Notice of meeting.

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SUMMARY: The Department of Transportation, Office of the Secretary of
Transportation, announces the third meeting of the FAAC, which will be
held in the Chicago area. This notice announces the date, time and
location of the meeting, which will be open to the public. The purpose
of FAAC is to provide advice and recommendations to the Secretary of
Transportation to ensure the competitiveness of the U.S. aviation
industry and its capability to effectively manage the evolving
transportation needs, challenges, and opportunities of the global
economy.

DATES: The meeting will be held on August 25, 2010, from 8:30 a.m. to
4:30 p.m.

ADDRESSES: The meeting will be held at the offices of the Federal
Aviation Administration's Great Lakes Region Headquarters Building,
O'Hare Lake Office Center, 2300 East Devon Avenue, Des Plaines, IL
60018.
    Agenda: A presentation on the Next Generation Air Transportation
System (NextGen) as well as expert presentations and committee
discussions on financing, safety, the environment, workforce/labor, and
competition will take place. A copy of the detailed agenda will be
posted at http://www.dot.gov/faac.
    Public Access: The meeting is open to the public. (See below for
registration instructions.)
    Entering the FAA Building:
     A valid form of government issued ID with an expiration
date is required.
     Registration is from 7:15 to 8:30 a.m.
     Only pre-registered attendees may attend the meeting.
     Attendees must be screened and pass through a metal
detector.
     No firearms are allowed in the building, including with
protection detail.
     Special accessibility requirements should be noted at time
of email registration.
     Parking is available along the East (Tollway) entrance
into O'Hare Lake Office Park Complex. Visitors will be required to park
outside guard controlled area and walk to entrance of building.
     Those using public transportation may use Chicago Transit
Authority (CTA) Blue Line River Road, Rosemont exit. PACE Bus Service,
Route 230, picks up from River Road station and stops at O'Hare Lake
Office Park. More information at: http://www.pacebus.com/pdf/schedules/
230sched.pdf
    Public Comments: The public will be provided the opportunity to
submit written comments in advance of the meeting. Comments received by
close of business on August 20, 2010, will be used to inform the day's
presentations. Comments should address one or more of the five topics
(competition, environment, finance, safety and workforce/labor) that
were published in the Federal Advisory Committee Charter at http://
www.regulations.gov (Docket DOT-OST-2010-0074). You may file comments
identified by the docket number DOT-OST-2010-0074 using any of the
following methods:
     Federal eRulemaking Portal: go to http://
www.regulations.gov and follow the online instructions for submitting
comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave., SE., Room W12-140, Washington, DC
20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Ave., SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
     E-mail: In addition, you may send a written copy of your
comments and questions to<EMAIL_ADDRESS>and include one of the following
in the subject line when making your e-mail submission; ``Financing,''
``Safety,'' ``Environment,'' ``Workforce/Labor,'' ``Competition,'' and/
or ``General comment.''

SUPPLEMENTARY INFORMATION: The advisory committee will also meet on the
following dates this year:
     October 20. Location: The Federal Aviation Administration,
Western-Pacific Region, 15000 Aviation Boulevard, Hawthorne, CA 90250.
     December 15. Location: The Department of Transportation,
Headquarters Building Atrium 1200 New Jersey Avenue, SE., Washington,
DC 20590.
    Members of the public may review the FAAC charter and minutes of
FAAC meetings at http://www.regulations.gov in docket number DOT-OST-
2010-0074 or the FAAC Web site at http://www.dot.gov/faac.

Registration

     Space is limited. Registration will be available first-
come, first-serve. Once the maximum number of 150 registrants has been
reached, registration will close. Requests to attend the meeting must
be received by close of business on Friday, August 20.
     All foreign nationals must register and provide their date
of birth and passport number by Wednesday, August 18.
     Persons with disabilities who require special assistance
should advise the Department at<EMAIL_ADDRESS>under the subject line of
``Special Assistance'' of their anticipated special needs as early as
possible.
     To register: Send an email to<EMAIL_ADDRESS>with
``Registration'' in the subject line including the following
information:
     [cir] Last name, First name
     [cir] Title (if any)
     [cir] Company or affiliation (if any)
     [cir] Address
     [cir] Phone number
     [cir] U.S. Citizen (Y/N)
     [cir] E-mail address in order for us to confirm your registration
     The Federal Aviation Administration building is a secure
Federal facility.
     Lunch will be available for purchase on-site (cash only).
     An e-mail will be sent confirming your registration along
with details on

security procedures for entering the Federal Aviation Administration
building.
     There is no Internet access.

FOR FURTHER INFORMATION CONTACT: Pamela Hamilton, Designated Federal
Official, Future of Aviation Advisory Committee,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
    Issued on: August 9, 2010.
Ray LaHood,
Secretary of Transportation.
[FR Doc. 2010-19986 Filed 8-10-10; 11:15 am]
BILLING CODE 4910-9X-P


[Federal Register: April 5, 2010 (Volume 75, Number 64)]
[Notices]
[Page 17162-17163]
[DOCID:fr05ap10-85]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0020]

Dipping and Coating Operations (Dip Tanks) Standard; Extension of
the Office of Management and Budget's Approval of the Information
Collection (Paperwork) Requirement

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comment.

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SUMMARY: OSHA solicits public comments concerning its proposal to
extend OMB approval of the information collection requirement specified
in its Standard on Dipping and Coating Operations (Dip Tanks) (29 CFR
1910.126(g)(4)).

DATES: Comments must be submitted (postmarked, sent, or received) by
June 4, 2010.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit three copies of your comments
and attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2010-
0020, U.S. Department of Labor, Occupational Safety and Health
Administration, Room N-2625, 200 Constitution Avenue, NW., Washington,
DC 20210. Deliveries (hand, express mail, messenger, and courier
service) are accepted during the Department of Labor's and Docket
Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA
docket number for the Information Collection Request (ICR) (OSHA Docket
No. OSHA-2010-0020). All comments, including any personal information
you provide, are placed in the public docket without change, and may be
made available online at http://www.regulations.gov. For further
information on submitting comments see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue, NW., Washington, DC 20210; telephone (202)
693-2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the OSH Act or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also
requires that OSHA obtain such information with minimum burden upon
employers, especially those operating small businesses, and to reduce
to the maximum extent feasible unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
    The Standard on Dipping and Coating Operations (29 CFR
1910.126(g)(4)) requires employers to post a conspicuous sign near each
piece of electrostatic detearing equipment that notifies employees of
the minimum safe distance they must maintain between goods undergoing
electrostatic detearing and the electrodes or conductors of the
equipment used in the process. Doing so reduces the likelihood of
igniting the explosive chemicals used in electrostatic detearing
operations.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirement is
necessary for the proper performance of the Agency's functions to
protect workers, including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirement, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend its approval of the information
collection requirement contained in the Standard on Dipping and Coating
Operations (Dip Tanks) (29 CFR 1910.126(g)(4)). The Agency is
requesting to retain its previous burden hour estimate of one (1) hour.
The Agency will summarize the comments submitted in response to this
notice, and will include this summary in the request to OMB.
    Type of Review: Extension of a currently approved information
collection.
    Title: Dipping and Coating Operations (Dip Tanks) (29 CFR
1910.126(g)(4)).
    OMB Number: 1218-0237.
    Affected Public: Business or other for-profits; Federal Government;
State, Local, or Tribal Government.
    Number of Respondents: 1.
    Frequency of Recordkeeping: On occasion.
    Total Responses: 1.
    Average Time per Response: 0.
    Estimated Total Burden Hours: 1.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the

ICR (OSHA Docket No. OSHA-2010-0020). You may supplement electronic
submissions by uploading document files electronically. If you wish to
mail additional materials in reference to an electronic or facsimile
submission, you must submit them to the OSHA Docket Office (see the
section of this notice titled ADDRESSES). The additional materials must
clearly identify your electronic comments by your name, date, and the
docket number so the Agency can attach them to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://
www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://
www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office.
Information on using the http://www.regulations.gov Web site to submit
comments and access the docket is available at the Web site's ``User
Tips'' link. Contact the OSHA Docket Office for information about
materials not available through the Web site, and for assistance in
using the Internet to locate docket submissions.

V. Authority and Signature

    David Michaels, PhD, MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 5-2007
(72 FR 31160).

    Signed at Washington, DC, on March 30, 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-7576 Filed 4-2-10; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register: December 23, 2009 (Volume 74, Number 245)]
[Rules and Regulations]
[Page 68135-68136]
[DOCID:fr23de09-3]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0521; Directorate Identifier 2008-NM-187-AD;
Amendment 39-16034; AD 2009-20-11]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 737-300, -400, and -500
Series Airplanes Equipped With a Digital Transient Suppression Device
(DTSD) Installed in Accordance With Supplemental Type Certificate (STC)
ST00127BO

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

ACTION: Final rule; correction.

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

SUMMARY: The FAA is correcting information in an existing airworthiness
directive (AD) that was published in the Federal Register on October 1,
2009. The error resulted in use of an outdated division name and e-mail
address in the vendor contact information. This AD applies to certain
Boeing Model 737-300, -400, and -500 series airplanes. This AD requires
revising the maintenance program to include new fuel system limitations
for airplanes modified in accordance with STC ST00127BO. This AD also
requires inspections and checks of the DTSDs and corrective actions, if
necessary.

DATES: Effective November 5, 2009.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Marc Ronell, Aerospace Engineer, ANE-
150, FAA, Boston Aircraft Certification Office, 12 New England
Executive Park, Burlington, Massachusetts 01803; telephone (781) 238-
7776; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On September 18, 2009, the FAA issued AD
2009-20-11, Amendment 39-16034 (74 FR 50683, October 1, 2009), for
certain Boeing Model 737-300, -400, and -500 series airplanes. The AD
requires revising the maintenance program to include new fuel system
limitations for airplanes modified in accordance with Supplemental Type
Certificate ST00127BO. This AD also requires inspections and checks of
the digital transient suppression device and corrective actions, if
necessary.
    As published, the vendor contact information specified in the
Addresses section of the preamble and paragraph (n)(2) of the
regulatory text of AD 2009-20-11 contained an outdated division name
and e-mail address. Since that AD was published, the vendor has
provided us with the recently updated contact information.
    No other part of the regulatory information has been changed;
therefore, the final rule is not republished in the Federal Register.
    The effective date of this AD remains November 5, 2009.

0
Correction of non-regulatory text:
    In the Federal Register of October 1, 2009, on page 50683, in the
second column, the ADDRESSES section of AD 2009-20-11 is corrected to
read as follows:

``ADDRESSES: For service information identified in this AD, contact
Goodrich Corporation, Sensors and Integrated Systems (Formerly Fuel and
Utility Systems), 100 Panton Road, Vergennes, Vermont 05491-1008;
telephone<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>Internet
http://www.goodrich.com/TechPubs.''

0
Correction of regulatory text:

Sec.  39.13  [Corrected]

0
In the Federal Register of October 1, 2009, on page 50685, in the
second column, paragraph (n)(2) of AD 2009-20-11 is corrected to read
as follows:
* * * * *
    (2) For service information identified in this AD, contact Goodrich
Corporation, Sensors and Integrated Systems (Formerly Fuel and Utility
Systems), 100 Panton Road, Vergennes, Vermont 05491-1008; telephone
802-

877-4476; e-mail<EMAIL_ADDRESS>Internet http://
www.goodrich.com/TechPubs.
* * * * *

    Issued in Renton, Washington, on December 11, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-30418 Filed 12-22-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 186 (Thursday, September 25, 2014)]
[Notices]
[Pages 57648-57650]
[FR Doc No: 2014-22783]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73145; File No. SR-SCCP-2014-01]

Self-Regulatory Organizations; Stock Clearing Corporation of
Philadelphia; Notice of Filing of Proposed Rule Change To Amend the
Amended and Restated Certificate of Incorporation and By-Laws of The
NASDAQ OMX Group, Inc.

September 19, 2014.
    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 September 10, 2014, Stock Clearing Corporation of Philadelphia
(``SCCP'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by SCCP. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
---------------------------------------------------------------------------

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

I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    SCCP is filing this proposed rule change with respect to amendments
of the Amended and Restated Certificate of Incorporation (the
``Charter'') and By-Laws (the ``By-Laws'') of its parent corporation,
The NASDAQ OMX Group, Inc. (``NASDAQ OMX'' or the ``Company''). The
proposed amendments will be implemented on a date designated by NASDAQ
OMX following approval by the Commission. The text of the proposed rule
change is available on SCCP's Web site at http://nasdaqomxphlx.cchwallstreet.com/nasdaqomxphlx/sccp/, at the principal
office of SCCP, and at the Commission's Public Reference Room.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

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

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

1. Purpose
    NASDAQ OMX is proposing to make certain amendments to its Charter
and By-Laws.
(i) Background
    Article Fourth, Paragraph C of NASDAQ OMX's Charter includes a
voting limitation that generally prohibits a stockholder from voting
shares beneficially owned, directly or indirectly, by such stockholder
in excess of 5% of the then-outstanding shares of capital stock of
NASDAQ OMX entitled to vote as of the record date in respect of any
matter. Pursuant to Article Fourth, Paragraph C(6) of the Charter,
NASDAQ OMX's Board may grant exemptions to this limitation prior to the
time a stockholder beneficially owns more than 5% of the outstanding
shares of stock entitled to vote on the election of a majority of
directors at such time. NASDAQ OMX's Board has never granted an
exemption to the 5% voting limitation and has no current plans to do
so. However, in the event the Board decides to grant such an exemption
in the future, Article Fourth, Paragraph C(6) of the Charter and
Section 12.5 of the By-Laws limit the Board's authority to grant the
exemption. These provisions, which are intended to be substantively
identical, currently contain some language differences. Following
discussions with the SEC staff,\3\ NASDAQ OMX proposes the amendments
described below to the Charter and By-Laws to conform these provisions
and remove any ambiguity that may exist because of the current language
differences.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 71353 (January 17,
2014), 79 FR 4209 (January 24, 2014) (SR-BSECC-2013-001, SR-BX-2013-
057, SR-NASDAQ-2013-148, SR-Phlx-2013-115, SR-SCCP-2013-01), at note
14.
---------------------------------------------------------------------------

(ii) Proposed Amendments to Charter
    First, unlike the Charter, the By-Laws state that for so long as
NASDAQ OMX shall control, directly or indirectly, any self-regulatory
subsidiary, a resolution of the Board to approve an exemption for any
person under Article Fourth, Paragraph C(6) of the Charter shall not be
permitted to become effective until such resolution has been filed with
and approved by the SEC under Section 19 of the Act. NASDAQ OMX
proposes that this requirement be added to the Charter and that ``self-
regulatory subsidiary,'' which is currently not a defined term in the
Charter, be defined as any subsidiary of NASDAQ OMX that is a ``self-
regulatory organization'' as defined under Section 3(a)(26) of the
Act.\4\ At present, this defined term would include NASDAQ, BX and
Phlx, which are national securities exchanges, and BSECC and SCCP,
which are registered clearing agencies that are both currently dormant.
---------------------------------------------------------------------------

    \4\ Under Section 3(a)(26) of the Act, a ``self-regulatory
organization'' is ``any national securities exchange, registered
securities association, or registered clearing agency . . .'' 15
U.S.C. 78c(a)(26).
---------------------------------------------------------------------------

    Second, both the Charter and the By-Laws state that the Board may
not approve an exemption to the 5% voting limitation for: (i) a
registered broker or dealer or an affiliate thereof or (ii) an
individual or entity that is subject to a statutory disqualification
under Section 3(a)(39) of the Act. The By-Laws include a further
proviso stating that, for these purposes, an ``affiliate'' shall not be
deemed to include an entity that either owns 10% or less of the equity
of a broker or dealer, or receives 1% or less of its consolidated gross
revenues from a broker or dealer. This proviso, which is not currently
included in the Charter, allows NASDAQ OMX's Board to grant

exemptions to the 5% voting limitation for entities that either own 10%
or less of the equity of a broker or dealer, or receive 1% or less of
their consolidated gross revenues from a broker or dealer. NASDAQ OMX
proposes that this proviso be added to the Charter to ensure
consistency between the Charter and By-Laws.
    Third, both the Charter and By-Laws require the Board to make
certain determinations prior to granting an exemption to the 5% voting
limitation. Regarding the first of these determinations, the Charter
states that the Board must determine that granting such an exemption
would not reasonably be expected to diminish the quality of, or public
confidence in, NASDAQ OMX or The NASDAQ Stock Market LLC or the other
operations of NASDAQ OMX and its subsidiaries, on the ability to
prevent fraudulent and manipulative acts and practices and on investors
and the public. The By-Laws include similar language, but state that
the Board must make this determination with respect to NASDAQ OMX or
its self-regulatory-subsidiaries. Because the term ``self-regulatory
subsidiary'' includes The NASDAQ Stock Market LLC but also includes
other entities, NASDAQ OMX proposes that the provisions be made fully
consistent by amending the Charter to refer to NASDAQ OMX or the self-
regulatory subsidiaries, and to define the term ``self-regulatory
subsidiary'' as described above.
    Fourth, unlike the Charter, the By-Laws further provide that prior
to granting an exemption from the 5% voting limitation, the Board must
also determine that granting the exemption would promote the prompt and
accurate clearance and settlement of securities transactions (and to
the extent applicable, derivative agreements, contracts and
transactions), assure the safeguarding of securities and funds in the
custody or control of the self-regulatory subsidiaries that are
clearing agencies or securities and funds for which they are
responsible, foster cooperation and coordination with persons engaged
in the clearance and settlement of securities transactions, and remove
impediments to and perfect the mechanism of a national system for the
prompt and accurate clearance and settlement of securities
transactions. NASDAQ OMX proposes that this language be added to the
Charter.
    Finally, NASDAQ OMX proposes that Article Fourth, Paragraph C(6) of
the Charter be amended to correct a cross-reference to subparagraph
6(b), which no longer exists.
(iii) Proposed Amendments to the By-Laws
    NASDAQ OMX also proposes amendments to NASDAQ OMX's By-Laws to
further conform the Charter and By-Law provisions discussed above.
Specifically, the proposed amendment to Article I(s) revises the
definition of ``self-regulatory subsidiary'' in the By-Laws to refer to
any subsidiary of NASDAQ OMX that is a self-regulatory organization as
defined under Section 3(a)(26) of the Act, rather than list specific
subsidiaries that would fall within this category. This revised
definition, which is the same definition of ``self-regulatory
subsidiary'' proposed for purposes of the Charter as described above,
will capture NASDAQ OMX's current self-regulatory subsidiaries as well
as any subsidiaries that in the future meet the definition of ``self-
regulatory organization'' under the Act. Consequently, such future
self-regulatory subsidiaries will automatically be subject to the By-
Law provisions relating to these subsidiaries without NASDAQ OMX having
to take formal action to amend the By-Laws to include them.
    The proposed By-Law amendments also include the correction of a
typographical error in Article I and minor edits to Section 12.5 to
conform the language regarding the 5% voting limitation to the language
in the analogous provision of the Charter.
2. Statutory Basis
    SCCP believes that its proposal is consistent with Section
17A(b)(3)(C) of the Act,\5\ in that it assures a fair representation of
shareholders and participants in the selection of directors and
administration of its affairs. While the proposals relate to the
organizational documents of NASDAQ OMX, rather than SCCP, SCCP is
indirectly owned by NASDAQ OMX, and therefore, NASDAQ OMX's
stockholders have an indirect stake in SCCP. In addition, the
participants in SCCP, to the extent any exist, could purchase stock in
NASDAQ OMX in the open market, just like any other stockholder. The
proposals ensure that NASDAQ OMX stockholders have clarity about the
existing voting limitation in NASDAQ OMX's Charter and By-Laws. As a
result, SCCP believes that the proposals assure a fair representation
of NASDAQ OMX's stockholders in the selection of directors and
administration of NASDAQ OMX's affairs, as well as the affairs of SCCP.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78q-1(b)(3)(C).
---------------------------------------------------------------------------

    Specifically, NASDAQ OMX is proposing changes to its Charter and
By-Laws to conform the provisions in each document relating to the
procedures by which NASDAQ OMX's Board may grant an exemption to the
prohibition on any NASDAQ OMX stockholder voting shares in excess of 5%
of the Company's then-outstanding shares of capital stock. SCCP
believes that the changes will eliminate confusion that may exist
because of the current language differences between the two provisions.
In addition, NASDAQ OMX is proposing to define ``self-regulatory
subsidiary'' with reference to a definition in the Act. This will
ensure that any NASDAQ OMX subsidiary that meets the definition of
``self-regulatory organization'' in the Act will be subject to the
Charter and By-Law provisions relating to self-regulatory subsidiaries.
Finally, the remaining changes are clarifying in nature, and they
protect stockholders by making NASDAQ OMX's governance documents
clearer and easier to understand.

(B) Clearing Agency's Statement on Burden on Competition

    Because the proposed rule change relates to the governance of
NASDAQ OMX and not to the operations of SCCP, SCCP does not believe
that the proposed rule change will impose any burden on competition not
necessary or appropriate in furtherance of the purposes of the Act.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants, or Others

    No written comments were either solicited or received.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which SCCP consents, the Commission shall: (a) By order approve or
disapprove such proposed rule change, or (b) institute proceedings to
determine whether the proposed rule change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act.

Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-SCCP-2014-01 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-SCCP-2014-01. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of SCCP. 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-SCCP-2014-01 and should be
submitted on or before October 16, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-22783 Filed 9-24-14; 8:45 am]
BILLING CODE 8011-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on May 27, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST 1997-2172

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  SERVICIOS ESPECIALES del PACIFICO JALISCO, S.A. de C.V.
           Date Filed: May 8, 2003

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to continue to conduct passenger charter operations between
Mexico and the United States, and other passenger charter operations in
accordance with 14 CFR Part 212, using small equipment.

If renewal, date and citation of last action:  May 21, 2002, in this
Docket.

Applicant representative(s):  Lee A. Bauer,<PHONE_NUMBER>       DOT
analyst:  Allen F. Brown,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.
         Action date:  May 27, 2003

Effective dates of authority granted:  May 27, 2003, through May 27,
2004.

Basis for approval (bilateral agreement/reciprocity):  United
States-Mexico Air Transport Services Agreement of August 15, 1960, as
amended and extended (Agreement).

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:  Standard exemption
conditions.

Special conditions/Partial grant/Denial basis/Remarks:  In the conduct
of these operations, the carrier must adhere to all applicable
provisions of the U.S.-Mexico Agreement.  In the conduct of these
operations, the carrier may only use aircraft capable of carrying no
more than 60 passengers and having a maximum payload capacity of no more
than 18,000 pounds (small equipment).  The above grant includes
authority to conduct Third and Fourth Freedom charter operations.  While
we have subjected, consistent with the provisions of the Agreement,
Mexican carriers conducting charter operations with large aircraft to
prior approval or submission of notice for their Third and Fourth
Freedom charters, we determined that any such requirement was not
necessary on public interest grounds in this case, since the carrier
will be conducting these operations solely with small aircraft.  (Other
charter operations to/from the United States under this authority,
however, are subject to prior approval under 14 CFR Part 212.)  Further,
we are continuing to allow Mexican carriers conducting passenger
charters using small equipment to make stopovers in the United States in
the conduct of such operations.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp