[Federal Register: October 26, 2011 (Volume 76, Number 207)]
[Rules and Regulations]
[Page 66178-66179]
[DOCID:fr26oc11-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0750; Airspace Docket No. 11-AAL-08]

Revision of Class E Airspace; Umiat, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revises Class E airspace at Umiat, AK, due to the
cancellation of two special instrument approach procedures at the Umiat
Airport. The cancellation of these two special instrument approach
procedures has made the transition airspace from 700 feet above the
surface no longer necessary for the safety of Instrument Flight Rules
(IFR) operations.

DATES: Effective 0901 UTC, December 15, 2011. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Martha Dunn, AAL-538G, Federal
Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK
99513-7587; telephone number<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-
mail<EMAIL_ADDRESS>Internet address: http://www.faa.gov/
about/office_org/headquarters_offices/ato/service_units/systemops/
fs/alaskan/rulemaking/.

SUPPLEMENTARY INFORMATION:

History

    On Wednesday, August 10, 2011, the FAA published a notice of
proposed rulemaking (NPRM) in the Federal Register to revise Class E
airspace at Umiat, AK (76 FR 49387).
    Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
One comment was made regarding a typing error within the final rule.
This error has been corrected.
    The Class E airspace areas are published in paragraphs 6002 and
6005, respectively, of FAA Order 7400.9V, Airspace Designations and
Reporting Points, signed September 9, 2011, and effective September 15,
2011, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order. With the exception of editorial changes, and
the changes described above, this rule is the same as that proposed in
the NPRM.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by revising Class E airspace at the Umiat Airport, Umiat, AK,
due to the cancellation of two special instrument approach procedures.
The Class E airspace extending upward from 700 above the surface is no
longer necessary for the safety and management of IFR operations at the
airport.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Because this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule will not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle 1, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of
airspace. Under that section, the FAA is charged with prescribing
regulations to ensure the safe and efficient use of the navigable
airspace. This regulation is within the scope of that authority because
it reflects the changes in use of

the Umiat Airport and is consistent with the FAA's continuing effort to
safely and efficiently use the navigable airspace.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9V, Airspace Designations and Reporting
Points, signed September 9, 2011, and effective September 15, 2011, is
amended as follows:

Paragraph 6005 Class E arspace extending upward from 700 feet or
more above the surface of the earth.

* * * * *

AAL AK E5 Umiat, AK [Revised]

Umiat Airport, AK
    (Lat. 69[deg]22'16'' N., long. 152[deg]08'06'' W.)

    That airspace extending upward from 1,200 feet above the surface
within a 73-mile radius of the Umiat Airport, Alaska.

    Issued in Anchorage, AK, on October 14, 2011.
Marshall G. Severson,
Acting Manager, Alaska Flight Services.
[FR Doc. 2011-27366 Filed 10-25-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Notices]
[Pages 12211-12212]
[FR Doc No: 2011-4958]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Government/Industry Aeronautical Charting Forum Meeting

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of public meeting.

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SUMMARY: This notice announces the bi-annual meeting of the Federal
Aviation Administration (FAA) Aeronautical Charting Forum (ACF) to
discuss informational content and design of aeronautical charts and
related products, as well as instrument flight procedures development
policy and design criteria.

DATES: The ACF is separated into two distinct groups. The Instrument
Procedures Group (IPG) will meet April 26, 2011 from 8:30 a.m. to 5
p.m. The Charting Group will meet April 27 and 28, 2011 from 8:30 a.m.
to 5 p.m.

ADDRESSES: The meeting will be hosted by Advanced Management
Technology, Inc. (AMTI), 1515 Wilson Boulevard, Arlington, VA 22209.

FOR FURTHER INFORMATION CONTACT: For information relating to the
Instrument Procedures Group, contact Thomas E. Schneider, FAA, Flight
Procedures Standards Branch, AFS-420, 6500 South MacArthur Blvd, P.O.
Box 25082, Oklahoma City, OK 73125; telephone<PHONE_NUMBER>; fax:
(405) 954-2528.
    For information relating to the Charting Group, contact John A.
Moore, FAA, National Aeronautical Navigation Products Group (AeroNav
Products), Regulatory Support and Coordination Team, AJV-3B, 1305 East
West Highway, SSMC4, Station 4643, Silver Spring, MD 20910; telephone:
(301) 427-5154, fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Pursuant to Sec.  10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463; 5 U.S.C. App. II), notice is
hereby given of a meeting of the FAA Aeronautical

Charting Forum to be held from April 26 through April 28, 2011, from
8:30 a.m. to 5 p.m. at Advanced Management Technology, Inc. (AMTI),
1515 Wilson Boulevard, Arlington VA 22209.
    The Instrument Procedures Group agenda will include briefings and
discussions on recommendations regarding pilot procedures for
instrument flight, as well as criteria, design, and developmental
policy for instrument approach and departure procedures.
    The Charting Group agenda will include briefings and discussions on
recommendations regarding aeronautical charting specifications, flight
information products, as well as new aeronautical charting and air
traffic control initiatives. Attendance is open to the interested
public, but will be limited to the space available.
    The public must make arrangements by April 8, 2011, to present oral
statements at the meeting. The public may present written statements
and/or new agenda items to the committee by providing a copy to the
person listed in the FOR FURTHER INFORMATION CONTACT section not later
than April 8, 2011. Public statements will only be considered if time
permits.

    Issued in Washington, DC, on February 28, 2011.
John A. Moore,
Co-Chair, Aeronautical Charting Forum.
[FR Doc. 2011-4958 Filed 3-3-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 167 (Tuesday, August 30, 2022)]
[Notices]
[Pages 53020-53021]
[FR Doc No: 2022-18614]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2013-0020]

Process Safety Management (PSM); Stakeholder Meeting

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

ACTION: Notice of stakeholder meeting.

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SUMMARY: OSHA invites interested parties to participate in an informal
stakeholder meeting concerning the rulemaking project for OSHA's
Process Safety Management (PSM) standard, at which OSHA will provide a
brief overview of its work on the PSM rulemaking project to date.
Additionally, OSHA invites participants to provide public comments
related to potential changes to the standard that OSHA is considering.

DATES: The stakeholder meeting will be held from 10:00 a.m. to 4:00
p.m. ET, on Wednesday, September 28, 2022. Registration to participate
in or observe the stakeholder meeting will be open until all spots are
full. Written comments must be submitted by October 28, 2022.

ADDRESSES: Registration: The stakeholder meeting will be held virtually
on WebEx. If you wish to attend the meeting or provide public comment,
please register online as soon as possible at https://www.osha.gov/process-safety-management/background/2022stakeholdermtg. If you are
interested in providing public comments at the meeting, you must
indicate that while registering. In order to accommodate many speakers,
public commenters will be allowed approximately three minutes to speak.
Although OSHA welcomes all comments and seeks to accommodate as many
speakers as possible, it may not be possible to accommodate all
stakeholder requests to speak at the meeting. Stakeholders who register
to speak in advance of the meeting will receive confirmation and a
schedule of speakers via email prior to the event. Those who cannot
attend the meeting and those who are unable or choose not to make
verbal comments during the meeting are invited to submit their comments
in writing (see instructions in Section III below).

FOR FURTHER INFORMATION CONTACT:
    Press inquiries: Mr. Frank Meilinger, Director, OSHA Office of
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution
Avenue NW, Washington, DC 20210; telephone:<PHONE_NUMBER>; email:
[email protected].
    General and technical information: Ms. Lisa Long, Director, Office
of Engineering Safety, OSHA Directorate of Standards and Guidance, Room
N-3621, U.S. Department of Labor, 200 Constitution Avenue NW,
Washington, DC 20210; telephone:<PHONE_NUMBER>, email:
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    OSHA published the PSM standard, 29 CFR 1910.119,\1\ in 1992 in
response to several catastrophic chemical-release incidents that
occurred worldwide. The PSM standard requires employers to implement
safety programs that identify, evaluate, and control highly hazardous
chemicals. Unlike some of OSHA's standards, which prescribe precisely
what employers must do to comply, the PSM standard is ``performance-
based,'' and outlines 14 management system elements for controlling
highly hazardous chemicals. Under the standard, employers have the
flexibility to tailor their PSM programs to the unique conditions at
their facilities. For more information on the PSM standard, please
visit https://osha.gov/process-safety-management/background.
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    \1\ Section 1910.119 is made applicable to construction work
through 29 CFR 1926.64.
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    Since its publication in 1992, the PSM standard has not been
updated. The 2013 ammonium nitrate explosion at a fertilizer storage
facility in West, Texas renewed interest in PSM. In response to this
incident, on August 1, 2013, Executive Order (E.O.) 13650, Improving
Chemical Facility Safety and Security, was signed. The E.O. directed
OSHA and several other federal agencies to, among other things,
modernize policies, regulations, and standards to enhance safety and
security in chemical facilities by completing certain tasks, including:
coordinating with stakeholders to develop a plan for implementing
improvements to chemical risk managements practices, developing
proposals to improve the safe and secure storage handling and sale of
ammonium nitrate, and reviewing the PSM and Risk Management Plan (RMP)
rules to determine if their covered hazardous chemical lists should be
expanded. For more specifics on the Executive Order and OSHA's
collaboration with other government agencies and stakeholders, please
visit https://www.osha.gov/chemical-executive-order.
    Additionally, the E.O. directed that within 90 days, OSHA should
publish a Request for Information (RFI) to identify issues related to
modernization of its PSM standard and related standards necessary to
meet the goal of preventing major chemical accidents. OSHA published
the RFI in December 2013, and subsequently initiated and completed a
Small Business Advocacy Review Panel (SBAR) in June 2016. Following the
SBAR panel, PSM was moved to the Long-Term Actions list on the Unified
Agenda. OSHA has continued to work on the PSM standard rulemaking and
PSM was placed back on the Unified Agenda in the spring of 2021. OSHA
is holding this stakeholder meeting to reengage stakeholders and
solicit comments on the modernization topics mentioned in the RFI and
SBAR panel report, as well as any additional PSM-related issues
stakeholders would like to raise. The list of modernization topics is
listed below in Section II.
    The Environmental Protection Agency (EPA) has a separate, pending
proposal addressing RMP requirements. In the Clean Air Act Amendments
of 1990, Congress required OSHA to adopt the

PSM standard to protect workers and required EPA to protect the
community and environment by issuing the RMP rule. The PSM and RMP
rules were written to complement each other in accomplishing these
Congressional goals. Since the E.O. 13650, EPA has published amendments
to the RMP rule in 2017 and 2019. Any comments on the EPA's RMP
proposal should be submitted in writing to the docket for that
rulemaking and will not be discussed during OSHA's stakeholder meeting.
More information regarding the RMP rule is available at https://www.epa.gov/rmp. OSHA and EPA will continue to coordinate as both
agencies consider revisions to their respective rules.

II. Stakeholder Meeting

    The meeting will feature a brief presentation from OSHA on the
background of the PSM standard and some of the issues outlined in this
notice. After the presentation, there will be time for registered
commenters to provide verbal comments. PSM rulemaking topics are
outlined in the lists below, but commenters may provide feedback on
additional PSM-related issues. More information on most of the topics
in the lists below can be found in the Small Entity Representative
(SER) Background Document (docket no. OSHA-2013-0020-0107) and SER
Issues Document (docket no. OSHA-2013-0020-0108) located on the PSM
SBAR web page, https://www.osha.gov/process-safety-management/sbrefa.
The purpose of the meeting is to gather information from stakeholders,
and OSHA will not be responding to the comments during the meeting. The
public may also submit written comments to the rulemaking docket (see
Section III for instructions). More information on registration is
provided above. The meeting will be recorded.
    The potential changes to the scope of the current PSM standard that
OSHA is considering include:
    1. Clarifying the exemption for atmospheric storage tanks;
    2. Expanding the scope to include oil- and gas-well drilling and
servicing;
    3. Resuming enforcement for oil and gas production facilities;
    4. Expanding PSM coverage and requirements for reactive chemical
hazards;
    5. Updating and expanding the list of highly hazardous chemicals in
Appendix A;
    6. Amending paragraph (k) of the Explosives and Blasting Agents
Standard (Sec.  1910.109) to extend PSM requirements to cover
dismantling and disposal of explosives and pyrotechnics;
    7. Clarifying the scope of the retail facilities exemption; and
    8. Defining the limits of a PSM-covered process.
    The potential changes to particular provisions of the current PSM
standard that OSHA is considering include:
    1. Amending paragraph (b) to include a definition of RAGAGEP;
    2. Amending paragraph (b) to include a definition of critical
equipment;
    3. Expanding paragraph (c) to strengthen employee participation and
include stop work authority;
    4. Amending paragraph (d) to require evaluation of updates to
applicable recognized and generally accepted as good engineering
practices (RAGAGEP);
    5. Amending paragraph (d) to require continuous updating of
collected information;
    6. Amending paragraph (e) to require formal resolution of Process
Hazard Analysis team recommendations that are not utilized;
    7. Expanding paragraph (e) by requiring safer technology and
alternatives analysis;
    8. Clarifying paragraph (e) to require consideration of natural
disasters and extreme temperatures in their PSM programs, in response
to E.O. 13990;
    9. Expanding paragraph (j) to cover the mechanical integrity of any
critical equipment;
    10. Clarifying paragraph (j) to better explain ``equipment
deficiencies''
    11. Clarifying that paragraph (l) covers organizational changes;
    12. Amending paragraph (m) to require root cause analysis;
    13. Revising paragraph (n) to require coordination of emergency
planning with local emergency-response authorities;
    14. Amending paragraph (o) to require third-party compliance
audits;
    15. Including requirements for employers to develop a system for
periodic review of and necessary revisions to their PSM management
systems (previously referred to as ``Evaluation and Corrective
Action''); and
    16. Requiring the development of written procedures for all
elements specified in the standard, and to identify records required by
the standard along with a records retention policy (previously referred
to as ``Written PSM Management Systems'').

III. Submitting and Accessing Comments

    Regardless of attendance at the stakeholder meeting, interested
persons may submit written comments electronically at https://www.regulations.gov, which is the Federal eRulemaking Portal. All
comments, attachments, and other material must identify the agency's
name and the docket number for this stakeholder meeting (OSHA-2013-
0020). You may supplement electronic submissions by uploading document
files electronically. All comments and additional materials must be
submitted by October 28, 2022. All comments, including any personal
information, are placed in the public docket without change and may be
made available online at https://www.regulations.gov. Therefore, OSHA
cautions commenters about submitting personal information such as
Social Security Numbers and dates of birth.
    To read or download comments or other material in the docket, go to
https://www.regulations.gov, and search for docket no. OSHA-2013-0020.
All documents in the docket are listed in the https://www.regulations.gov index; however, some information (e.g., copyrighted
material) is not publicly available to read or download from this
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Contact the OSHA
Docket Office at<PHONE_NUMBER> (TTY<PHONE_NUMBER>) for assistance in
locating docket submissions.
    Information on using the https://www.regulations.gov website to
submit comments and access the docket is available at https://www.regulations.gov/faq.

Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Avenue NW, Washington, DC 20210, authorized the
preparation of document under the authority of sections 4, 6, and 8 of
the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
657); Secretary of Labor's Order No. 08-2020 (85 FR 58393); and 29 CFR
part 1911.

    Signed at Washington, DC.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-18614 Filed 8-29-22; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 78, Number 173 (Friday, September 6, 2013)]
[Proposed Rules]
[Pages 54813-54816]
[FR Doc No: 2013-21614]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2013-0552; FRL-9900-67-Region 8]

Approval and Promulgation of Air Quality Implementation Plans;
Colorado; Construction Permit Program Fee Increases; Construction
Permit Regulation of PM2.5; Regulation 3

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA proposes to approve the three State Implementation Plan
(SIP) revision packages submitted by the State of Colorado on June 11,
2008, June 18, 2009, and May 25, 2011. EPA is proposing to approve the
June 11, 2008 and June 18, 2009 submittal revisions to Regulation 3,
Part A, Section VI.D.1., in which the State, among other things,
increased the construction permit processing fees. EPA proposes
approval of Colorado's May 25, 2011 submittal, which addresses
regulation of fine particulate matter (PM2.5) under
Colorado's construction permit program. EPA also proposes to approve
minor editorial changes to Regulation 3, Parts A, B, and D in the May
25, 2011 submittal. This action is being taken under section 110 of the
Clean Air Act (CAA).

DATES: Written comments must be received on or before September 27,
2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2013-0552, by one of the following methods:
     http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER> (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Director, Air Program, Environmental Protection
Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver,
Colorado 80202-1129.
     Hand Delivery: Director, Air Program, Environmental
Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. Such deliveries are only accepted
Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding federal
holidays. Special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2013-0552. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 www.regulations.gov or email. The
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 email comment
directly to EPA, without going through www.regulations.gov your email
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. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm. For additional
instructions on submitting comments, go to section I, General
Information, of the SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the
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 www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. EPA requests that if at all possible, you
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section to view the hard copy of the docket. You may view the hard copy
of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding
federal holidays.

FOR FURTHER INFORMATION CONTACT: Mark Komp, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows: The words or initials Act or CAA mean or
refer to the Clean Air Act, unless the context indicates otherwise.

    (i) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (ii) The initials NAAQS mean or refer to national ambient air
quality standards.
    (iii) The initials NSR mean or refer to New Source Review.
    (iv) The initials PM mean or refer to particulate matter.
    (v) The initials PM2.5 mean or refer to particulate
matter with an aerodynamic diameter of less than 2.5 micrometers
(fine particulate matter).
    (vi) The initials PSD mean or refer to Prevention of Significant
Deterioration.
    (vii) The initials SIP mean or refer to State Implementation
Plan.
    (viii) The initials tpy mean or refer to tons per year.

Table of Contents

I. General Information
II. Background
III. EPA Analysis of State's Submittals
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. General Information

What should I consider as I prepare my comments for EPA?

    1. Submitting Confidential Business Information (CBI). Do not
submit CBI to EPA through http://www.regulations.gov or email. Clearly
mark the part or all of the information that you claim to be CBI. For
CBI information on a disk or CD-ROM that you mail to EPA, mark the
outside of the disk or CD-ROM as CBI and then identify electronically
within the disk or CD-ROM the specific information that is claimed as
CBI. In addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register, date, and
page number);
     Follow directions and organize your comments;
     Explain why you agree or disagree;
     Suggest alternatives and substitute language for your
requested changes;
     Describe any assumptions and provide any technical
information and/or data that you used;
     If you estimate potential costs or burdens, explain how
you arrived at

your estimate in sufficient detail to allow for it to be reproduced;
     Provide specific examples to illustrate your concerns, and
suggest alternatives;
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats; and
     Make sure to submit your comments by the comment period
deadline identified.

II. Background

    The State's June 11, 2008 and June 18, 2009 revisions, adopted on
October 18, 2007 and September 18, 2008 respectively, contain fee
increases in Part A, Section VI.D.1. of Regulation 3. The fee increases
for processing construction permits reflect increased fees in Colorado
Revised Statute Section 25-7-114.7.
    In the State's May 25, 2011 submittal, the State addressed
requirements for regulation of PM2.5 in the State's
construction permit program. In particular, Colorado included
PM2.5 in the ``air pollutant'' and ``criteria pollutant''
definitions in Part A, Sections I.B.6 and I.B.16, and set
PM2.5 permitting thresholds in Part B, Sections II.D.2 and
II.D.3. Sources located in a nonattainment area for any criteria
pollutant are exempt from obtaining a construction permit if the
source's annual uncontrolled actual emissions of PM2.5 are
less than one ton per year (tpy). In areas that are in attainment for
all criteria pollutants, sources with uncontrolled actual emissions
less than five tpy are exempt from construction permits.
    The State also made minor editorial changes throughout Regulation
3, as documented in the May 25, 2011 submittal. Finally, the cover
letter for the May 25, 2011 submittal indicated that the revision
addressed the exclusion of ethanol production facilities from chemical
process plants in the definition of major stationary source. However,
as the submittal itself reflects, the State of Colorado did not submit
the exclusion and instead deferred any decision on the exclusion until
all relevant pending matters at the federal level are resolved.

III. EPA Analysis of State's Submittals

    The State's June 11, 2008 and June 18, 2009 revisions contained
permitting fee increases in Part A, Section VI.D.1. of Regulation 3.
The State increased its fees with the 2008 submittal to $17.97 per ton
for regulated pollutants and $119.96 per ton for hazardous air
pollutants. In the State's 2009 submittal, these fees were increased to
$22.90 and $152.10, respectively. Section VI.D.1. also requires permit
processing fees to be collected. We note that the Colorado Legislature
increased the fees for permit processing in a 2008 bill that revised
Colorado Revised Statute Section 25-7-114.7 as referenced in Section
VI.D.1. We consider the new submittal to reflect these revised fees.
    Based on EPA's review of the submittals, it appears that Colorado
intended to replace the first revision of fees appearing in the June
11, 2008 with the June 18, 2009 submittal. Therefore, the latter
revision supersedes the earlier revision. As of the day of the 2009
submittal, the Colorado Legislature revised the fees in Colorado
Revised Statute Section 25-7-114.7 as referenced in Section VI.D.1.
    However, both submittals contain increased emission fees that
appear to be for the purpose of implementing and enforcing the State's
Title V program. These emission fee increases are non-SIP regulatory
fees and therefore any increases are outside the scope of the SIP
revision process. Conversely, the permit processing fees, at least with
respect to the processing of construction permits, are appropriate for
approval into the SIP. See, CAA Section 110(a)(2)(L)(i). To the extent
these fee increases impact processing of construction permits, EPA
approves the increase.
    The May 25, 2011 submittal revised the definition of ``air
pollutant'' in Part A of Regulation Number 3 to add PM2.5.
Consistent with EPA's 2008 PM2.5 New Source Review (NSR)
Implementation Rule (73 FR 28321), the submittal revised the definition
of ``criteria pollutant'' in Part A to include PM2.5 and to
recognize sulfur dioxide and nitrogen oxides as precursors to
PM2.5. With these changes, PM2.5 and its
precursors are regulated under Colorado's construction permit program
in Part B of Regulation Number 3.\1\
---------------------------------------------------------------------------

    \1\ On May 23, 2013 (78 FR 30830), we separately proposed
approval of revisions to Colorado's Prevention of Significant
Deterioration (PSD) program in Part D of Regulation Number 3 to
address the requirements for PSD programs set out in the 2008
PM2.5 NSR Implementation Rule, including recognition of
PM2.5 precursors in the definition of ``regulated NSR
pollutant.''
---------------------------------------------------------------------------

    The State correspondingly revised Part B to reflect regulation of
PM2.5. In particular, Colorado added emission thresholds
below which sources of PM2.5 are exempt from construction
permit requirements. In areas which are nonattainment for any criteria
pollutant, facilities with total annual uncontrolled emissions of
PM2.5 less than one ton per year (tpy) are exempt; in areas
that are in attainment for all criteria pollutants, facilities with
total annual uncontrolled emissions of PM2.5 less than five
tpy are exempt. These levels are identical to the existing
PM10 permit thresholds. The State also retained the existing
thresholds for the pollutants identified as PM2.5
precursors, sulfur dioxide and nitrogen oxides: five tpy in areas which
are nonattainment for any criteria pollutants, and ten tpy in areas
that are in attainment for all criteria pollutants.
    EPA proposes to approve these revisions to Parts A and B. In
particular, we note that the revised construction permit program must
be adequate to ensure that construction or modification of a stationary
source will not interfere with attainment or maintenance of the
PM2.5 standards. See 40 CFR 51.160(a)(2). A technical
support document provided in the docket for this rulemaking reviews
monitored PM2.5 design values in Colorado since 2001. As
detailed in the document, with respect to the PM2.5
standards, air quality in Colorado is generally good. Based on the
combination of this air quality data and the particular threshold
levels selected by Colorado, EPA proposes to approve the thresholds.
    In addition, in paragraph III.D.2 of Part B, which contains
reasonably available control technology (RACT) requirements for certain
new or modified minor sources, Colorado added sources of volatile
organic compounds (VOCs). This responded to Colorado's previous removal
of these sources, which would have relaxed the stringency of the SIP.
As Colorado's reinstatement of VOC sources restores this provision to
its previous state, we propose to approve the change.
    The cover letter to Colorado's May 25, 2011 submittal identified
the specific regulations the State requested that EPA approve into the
SIP, including minor editorial changes in Parts A, B, and D of
Regulation 3. These Parts of Colorado's Regulation 3 address the
State's permitting and PSD program. However, editorial changes were
also made to Part C of the regulation. Part C is the State's Title V
permitting program and is not part of the SIP. Since the State included
these non-SIP regulatory changes in Part C, EPA is taking no action on
them.

IV. What action is EPA taking?

    We have evaluated Colorado's June 11, 2008, June 18, 2009 and May
25, 2011 submittals regarding revisions to the State's Regulation 3. We
are proposing to approve the revisions. Specifically, we are proposing
to approve the revision in the June 18, 2009 submittal to Regulation 3,
Part A, Section VI.D.1. to the extent it increases construction permit
processing fees as set forth in Colorado Revised Statute

Section 27-7-114.7. All other fee increases are outside the scope of
this SIP revision action.
    We also propose to approve the revisions to Parts A and B of
Regulation 3 in the May 25, 2011 submittal to approve the addition of
PM2.5 to the definitions of ``air pollutant'' and ``criteria
pollutant'' in Part A, and the revisions of Part B to reflect
Colorado's regulation of PM2.5 in the State's construction
permit program, including PM2.5 thresholds. We also propose
to approve Colorado's reinstatement of VOC sources to RACT requirements
in Part B. Finally, we propose to approve the minor editorial changes
made throughout Regulation 3, Parts A, B, and D.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations (42 U.S.C. 7410(k), 40 CFR 52.02(a)). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely approves state law as meeting federal
requirements; this proposed action does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999); is not an
economically significant regulatory action based on health or safety
risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and,
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Greenhouse
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 28, 2013.
Shaun L. McGrath,
Regional Administrator, Region 8.
[FR Doc. 2013-21614 Filed 9-5-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 230 (Friday, December 3, 2021)]
[Notices]
[Pages 68714-68717]
[FR Doc No: 2021-26242]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93675; File No. SR-NASDAQ-2021-093]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Include Juneteenth National Independence Day as a Holiday

November 29, 2021.
    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 November 17, 2021, The Nasdaq Stock Market LLC (``Nasdaq'' 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)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to adopt a new Rule 1030, within General 3,
titled ``Member Access to the Exchange,'' to make Juneteenth National
Independence Day a holiday of the Exchange, to memorialize all current
Exchange holidays within General 3, Rule 1030, and to add a provision
to permit the Exchange the authority to halt or suspend trading or
close Exchange facilities for certain unanticipated closures.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules, at
the principal office of the Exchange, 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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to adopt a new Rule 1030, within General 3,
titled ``Member Access to the Exchange,'' to make Juneteenth National
Independence Day a holiday of the Exchange as well as its Affiliated
Markets.\3\ The Exchange also proposes to memorialize all current
holidays within General 3, Rule 1030, as well as add a provision to
permit the Exchange the authority to halt or suspend trading or close
Exchange facilities for certain unanticipated closures.
---------------------------------------------------------------------------

    \3\ The Affiliated Markets include BX, ISE, GEMX, and MRX.
Nasdaq Phlx LLC rules do not currently incorporate by reference the
Nasdaq General 3 rules. Phlx will separately file a similar rule
change.
---------------------------------------------------------------------------

    Today, the Exchange observes the following holidays: New Year's
Day, Martin Luther King, Jr. Day, Presidents' Day, Good Friday,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and
Christmas Day.\4\ Nasdaq Equity 2, Section 8 (Normal Business Hours)
provides, ``The System operates from 4:00 a.m. to 8:00 p.m. Eastern.
Time on each business day, unless modified by Nasdaq.'' \5\
---------------------------------------------------------------------------

    \4\ See https://www.nasdaq.com/market-activity/stock-market-holiday-calendar.
    \5\ Additionally, NOM Options 3, Section 1 (Days and Hours of
Business) provides at subsection (c), ``NOM shall not be open for
business on any holiday observed by The Nasdaq Stock Market, LLC.''
Separately the Exchange notes that BX has similar rules at Equity 2,
Section 8 and Options 3, Section 1(c). ISE, GEMX and MRX Options 3,
Section 1(e) delineate the list of holidays noted above. ISE, GEMX,
and MRX will separately file to remove Options 3, Section 1(e) as
that rule text would be redundant once this filing becomes effective
as ISE, GEMX, and MRX rules incorporate by reference Nasdaq General
3.
---------------------------------------------------------------------------

    At this time, the Exchange also proposes to observe Juneteenth
National Independence Day, which was designated a legal public holiday
on June 17, 2021.\6\ Consistent with broad industry sentiment \7\ and
the approach recommended by the Securities Industry and Financial
Markets Association (``SIFMA''),\8\ the Exchange proposes to add
``Juneteenth National Independence Day'' to the proposed list of
holidays within General 3, Rule 1030(a). As a result, the Exchange will
not be open for business on Juneteenth National Independence Day, which
falls on June 19 of each year, in addition to the other annual holidays
noted within proposed General 3, Rule 1030(a).
---------------------------------------------------------------------------

    \6\ Public Law 117-17.
    \7\ See, e.g. https://www.wsj.com/articles/wall-street-moves-to-
close-markets-for-juneteenth-in-2022-
11626376243#:~:text=Stock%20and%20bond%20markets%20are,on%20a%20Sunda
y%20next%20year.
    \8\ SIFMA recommends a full market close in observance of
Juneteenth National Independence Day. See https://www.sifma.org/resources/general/holiday-schedule/#US.
---------------------------------------------------------------------------

    As is the case today for those annual holidays currently observed,
when a holiday observed by the Exchange falls on a Saturday, the
Exchange will not be open for business on the preceding Friday and when
any holiday observed by the Exchange falls on a Sunday, the Exchange
will not be open for business on the succeeding Monday, unless unusual
business conditions exist at the time.\9\ Proposed General 3, Rule
1030(a) would provide,
---------------------------------------------------------------------------

    \9\ For example, New Year's Day 2022 would not be observed
because January 1, 2022 falls on a Saturday and typically the last
day of the preceding year remains a full business day.

    The Exchange will be open for the transaction of business on
business days. The Exchange will not be open for business on New
Year's Day, Martin Luther King Jr. Day, Presidents' Day, Good
Friday, Memorial Day, Juneteenth National Independence Day,
Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
When a holiday observed by the Exchange falls on a Saturday, the
Exchange will not be open for business on the preceding Friday and
when any holiday observed by the Exchange falls on a Sunday, the
Exchange will not be open for business on the succeeding Monday,
---------------------------------------------------------------------------
unless unusual business conditions exist at the time.

    When determining whether unusual business conditions exist in
connection with the observance of a holiday on the preceding Friday or
following Monday, or not observing the holiday, the Exchange and its
Affiliated Markets would coordinate with the securities industry.
Proposed General 3, Rule 1030(a) is similar to Cboe BYX Exchange, Inc.
(``CBOE BYX'') Rule 11.1(b) and Cboe Exchange, Inc. (``Cboe'') Rules
5.1(d) and 5.23(d). The Exchange believes memorializing these annual
holidays within the rules of Nasdaq and its Affiliated Markets will
bring additional clarity to those observed holidays.
    Next, the Exchange proposes to add rule text within proposed
General 3, Rule 1030(b), similar to CBOE BYX Rule 11.1(c), which
states, ``The Chief Executive Officer of the Exchange shall have the
power to halt, suspend trading in any and all securities traded on the
Exchange, to close some or all Exchange facilities, and to determine
the duration of any such halt, suspension, or closing, when he or she
deems such action necessary for the maintenance of fair and orderly
markets, the protection of investors, or otherwise in the public
interest including special circumstances such as (1) actual or
threatened physical danger, severe climatic conditions, civil unrest,
terrorism, acts of war, or loss or interruption of facilities utilized
by the Exchange, (2) a request by a governmental agency or official, or
(3) a period of mourning or recognition for a person or event. No such
action shall continue longer than a period of two days, or as soon
thereafter as a quorum of the Board of Directors can be assembled,
unless the Board approves the continuation of such suspension.'' While
the Exchange would continue to submit a proposed rule change to the
Commission to amend the annual holidays within General 3, Rule 1030(a),
the Exchange proposes to give the Exchange the authority to halt or
suspend trading or close Exchange facilities for certain unanticipated
closures. Unanticipated closures are typically the result of natural
disasters,

ad hoc National Holidays, disruptions of infrastructure, and other
unpredictable events that would cause the Exchange to close for
business. The Exchange would not utilize this authority routinely,
rather the authority is reserved for extraordinary circumstances where
there would not be sufficient time for the Exchange to file to amend
its rules. The Exchange notes that it would coordinate with the
industry in determining closures for these events.\10\ The Exchange
believes that it is necessary to have such authority in the
aforementioned cases as there may not be sufficient time to file a
proposed rule change. Additionally, these unanticipated closures would
not be recognized on an annual basis, rather these types of closures
would be ad hoc closures. The Exchange would provide notice to members
of these unanticipated closures in addition to continuing to post its
annual holiday schedule on its website.
---------------------------------------------------------------------------

    \10\ The Options Clearing Corporation (``OCC'') has issued a
guide for such events. See OCC's Market Closing Guide (https://www.theocc.com/getmedia/8d6a36c6-1aa4-4984-9333-d7b0a6a09be7/unscheduled-market-closings-guide.pdf). See also DTCC Reference
Guide: Unscheduled Closing of Exchanges and Markets for Clearing
Agencies (https://www.dtcc.com/~/media/Files/Downloads/%20issues/
Unscheduled_Close.pdf).
---------------------------------------------------------------------------

    Finally, the Exchange proposes to add rule text at the end of
General 3, Section 1030(b) which states, ``The powers granted to the
Chief Executive Officer within paragraph (b) do not apply to paragraph
(a) or any other rule within the Exchange's Rulebook.'' The power of
the Chief Executive Officer to halt, suspend or close facilities of the
Exchange within paragraph (b) applies only to the circumstances noted
within that paragraph. The powers of the Chief Executive Officer do not
extend to paragraph (a) of General 3, Section 1030 or to any other
provision in the Rulebook, including but not limited to Options 3,
Section 1 or Equity 2, Section 8.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\11\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\12\ in particular, in that it is designed to
promote just and equitable principles of trade and to protect investors
and the public interest by memorializing its current holidays within
General 3, Rule 1030(a) and also providing the manner in which the
Exchange would handle holidays that fell on a Saturday or Sunday,
unless unusual business conditions exist. Today, the Exchange and its
Affiliated Markets coordinate with the securities industry with respect
to annual holidays.
---------------------------------------------------------------------------

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

    Further, the Exchange's proposal to observe the Juneteenth National
Independence Day as an annual holiday is consistent with the Act.
Similar to other holidays listed within proposed General 3, Rule
1030(a), the rule text addresses what day would be taken off if June 19
fell on a Saturday or Sunday. The proposed rule also accounts for
unusual business conditions that may alter the observance of an annual
holiday or affect the day the holiday is observed. The Exchange notes
that when determining whether to utilize the unusual business
conditions provision, the Exchange and its Affiliated Markets would
continue to coordinate with the securities industry.
    The proposed rule promotes clarity and transparency by providing
the list of current annual holidays of Nasdaq and its Affiliated
Markets, as well as the proposed new Juneteenth National Independence
Day holiday, within its Rules. The proposed changes do not raise any
new or novel issues. For these reasons, the Exchange believes that
these aspects of the proposal are consistent with the Act.
    Further, the Exchange's proposal to permit the Chief Executive
Officer to halt, suspend trading in any and all securities traded on
the Exchange, to close some or all Exchange facilities, and to
determine the duration of any such halt, suspension, or closing, when
he or she deems such action necessary for the maintenance of fair and
orderly markets, the protection of investors, or otherwise in the
public interest including special circumstances is consistent with the
Act as the provision would permit Nasdaq and its Affiliated Markets to
act in coordination with other exchanges within the securities industry
to close, as necessary, for natural disasters, ad hoc National
Holidays, disruptions of infrastructure, and other unpredictable
events. The Exchange would not utilize this authority routinely, rather
the authority is reserved for certain specified extraordinary
circumstances \13\ where there would not be sufficient time for the
Exchange to file to amend its rules. With this proposal, the Exchange's
process of filing a proposed rule change for any new annual holidays it
determines to add to the list of holidays within General 3, Rule
1030(a) would remain unchanged. The proposed authority would permit
Nasdaq and its Affiliated Markets to close the market on an ad hoc
basis for an extraordinary event without the need to file a proposed
rule change; these unanticipated closures would not be recognized on an
annual basis. Today, the Exchange would utilize emergency authority to
close for business for unanticipated closures.\14\ This amendment
removes impediments to and perfects the mechanism of a free and open
market and a national market system by allowing the Exchange and its
Affiliated Markets to halt or suspend trading or close Exchange
facilities for unanticipated circumstances by providing notice to
members in addition to continuing to post its annual holiday schedule
on its website.
---------------------------------------------------------------------------

    \13\ The special circumstances noted in proposed Rule 1030(b)
include, (1) actual or threatened physical danger, severe climatic
conditions, civil unrest, terrorism, acts of war, or loss or
interruption of facilities utilized by the Exchange, (2) a request
by a governmental agency or official, or (3) a period of mourning or
recognition for a person or event.
    \14\ See Nasdaq By-Law Article IX, Section 5, Authority to Take
Action Under Emergency or Extraordinary Market Conditions.
---------------------------------------------------------------------------

    The Exchange's proposal to add rule text at the end of General 3,
Section 1030(b) to make clear the power of the Chief Executive Officer
to halt, suspend or close facilities of the Exchange within paragraph
(b) applies only to the circumstances noted within that paragraph is
consistent with the Act as that rule text will clarify the scope of the
Chief Executive Officer's powers. Making clear the powers of the Chief
Executive Officer adds greater transparency to the proposed rule.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. Memorializing its current
holidays within General 3, Rule 1030(a) and describing the way holidays
are observed that fall on a Saturday or Sunday, unless unusual business
conditions exist, does not impose an undue burden on competition,
rather the proposal brings clarity to the Exchange's Rules. Moreover,
adding Juneteenth National Independence Day to its list of annual
holidays within General 3, Rule 1030(a) will not impose any burden on
competition as the holiday aligns with broad industry sentiment \15\
and the approach recommended by SIFMA. The Exchange and its Affiliated
Markets would continue to coordinate with the securities industry
regarding the observation of annual holidays.
---------------------------------------------------------------------------

    \15\ See note 7 above.

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

    Further, the Exchange's proposed changes to General 3, Rule 1030(b)
to permit the Chief Executive Officer to halt, suspend trading in any
and all securities traded on the Exchange, to close some or all
Exchange facilities, and to determine the duration of any such halt,
suspension, or closing, when he or she deems such action necessary for
the maintenance of fair and orderly markets, the protection of
investors, or otherwise in the public interest including certain
specified special circumstances does not impose an undue burden on
competition. The proposed authority would permit Nasdaq and its
Affiliated Markets to close on an ad hoc basis for an extraordinary
event without the need to file a rule change by providing notice to
members of these unanticipated closures. This would allow the Exchange
to continue to coordinate with the securities industry for
unanticipated closures. These proposed changes are not designed to
address any competitive issues and are consistent with existing rules
of other exchanges.\16\
---------------------------------------------------------------------------

    \16\ See Cboe BYX Rule 11.1(b) and (c) and Cboe Rules 5.1(d) and
5.23(d).
---------------------------------------------------------------------------

    The Exchange's proposal to add rule text at the end of General 3,
Section 1030(b) to make clear the power of the Chief Executive Officer
to halt, suspend or close facilities of the Exchange within paragraph
(b) applies only to the circumstances noted within that paragraph does
not impose an undue burden on competition, rather, the rule text will
make clear the powers of the Chief Executive Officer thereby adding
greater transparency to the proposed rule.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \17\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\18\
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \18\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the 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. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or 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 protected]. Please include
File Number SR-NASDAQ-2021-093 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-NASDAQ-2021-093. 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 website (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 website 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 the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NASDAQ-2021-093 and should be submitted
on or before December 27, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-26242 Filed 12-2-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: September 15, 2010 (Volume 75, Number 178)]
[Notices]
[Page 56107-56110]
[DOCID:fr15se10-75]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-1017; FRL-8845-5]

Product Cancellation Order for Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the cancellations,
voluntarily requested by the registrants and accepted by the Agency, of
the products listed in Table 1 of Unit II., pursuant to section 6(f)(1)
of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as
amended. This cancellation order follows an August 4, 2010 Federal
Register Notice of Receipt of Requests from the registrants listed in
Table 2 of Unit II. to voluntarily cancel these product registrations.
In the August 4, 2010 notice, EPA indicated that it would issue an
order implementing the cancellations, unless the Agency received
substantive comments within the 30-day comment period that would merit
its further review of these requests, or unless the registrants
withdrew their requests. The Agency did not receive any comments on the
notice. Further, the registrants did not withdraw their requests.
Accordingly, EPA hereby issues in this notice a cancellation order
granting the requested cancellations. Any distribution, sale, or use of
the products subject to this cancellation order is permitted only in
accordance with the terms of this order, including any existing stocks
provisions.

DATES: The cancellations are effective September 15, 2010.

FOR FURTHER INFORMATION CONTACT: Maia Tatinclaux, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may 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 get copies of this document and other related information?

    EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2009-1017. Publicly available
docket materials are available either in the electronic docket at
http://www.regulations.gov or, if only available in hard copy, at the
Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington,
VA. The hours of operation of this Docket Facility are from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

II. What action is the agency taking?

    This notice announces the cancellation, as requested by
registrants, of 76 products registered under FIFRA section 3. These
registrations are listed in sequence by registration number in Table 1
of this unit.

                     Table 1--Product Cancellations
------------------------------------------------------------------------
      Registration No.            Product name       Active ingredients
------------------------------------------------------------------------
000004-00146................  Crabgrass Preventer   Siduron.
                               and Weed Killer.
000004-00179................  Crabgrass Preventer   Siduron.
                               and Weed Killer.
000004-00355................  Bonide Home Orchard   Malathion, Captan,
                               Spray.                Sulfur.
000004-00375................  Bonide Porch, Patio,  Piperonyl butoxide,
                               Garden and            Pyrethrins.
                               Ornamental Spray.
000004-00386................  Bonide Pyrethrin      Pyrethrins.
                               Growers Spray.
000239-02523................  Flea-B-Gon Flea       Tetramethrin,
                               Killer Formula II.    Phenothrin.
000239-02524................  Ortho Home and        Tetramethrin,
                               Garden Insect         Phenothrin.
                               Killer Formula II.
000239-02525................  Ortho Flying and      Tetramethrin,
                               Crawling Insect       Phenothrin.
                               Killer Formula II.
000239-02535................  Ortho Dog and Cat     Tetramethrin,
                               Flea Spray.           Phenothrin.
000241-00295................  Arsenal Herbicide     Imazapyr.
                               0.5 Granule.
000241-00308................  Arsenal 5-G           Imazapyr.
                               Herbicide.
000270-00356................  Mycodex Premise       Tetramethrin,
                               Control Household     Phenothrin,
                               Spray.                Pyriproxyfen.
000464-00665................  Dow Diesel Fuel       4-(2-Nitrobutyl)
                               Conditioner.          morpholine,
                                                     Morpholine, 4,4'-(2-
                                                     ethyl-2-nitro-1,3-
                                                     propanediyl)bis-.
000464-00678................  Fuelsaver F-15-Fuel   4-(2-Nitrobutyl)
                               Additive.             morpholine,
                                                     Morpholine, 4,4'-(2-
                                                     ethyl-2-nitro-1,3-
                                                     propanediyl)bis-.
000499-00291................  Whitmire Sumithrin    Phenothrin.
                               ME.
000499-00321................  Whitmire PT 120-3...  Phenothrin.
000499-00381................  Whitmire PT 175.....  MGK 264, Piperonyl
                                                     butoxide,
                                                     Pyrethrins.
000499-00389................  Whitmire PT 120 HO    Phenothrin.
                               Sumithrin Contact
                               Insecticide.
000506-00140................  Tat Hornet and Wasp   Phenothrin,
                               Killer.               Tetramethrin.
000524-00478................  Bollgard BT Cotton..  Bacillus
                                                     thuringiensis var.
                                                     kurstaki delta
                                                     endotoxin protein
                                                     as produced by the
                                                     Cry1A(c) gene and
                                                     its controlling
                                                     sequences.
001020-00014................  Oakite Biocide 20...  Poly (oxy-1,2-
                                                     ethanediyl(dimethyl
                                                     imino)-1,2-
                                                     ethanediyl(dimethyl
                                                     imino)-1,2-
                                                     ethanediyl
                                                     dichloride.
001021-01393................  Multicide[supreg]     Phenothrin.
                               Concentrate 2128.
001021-01557................  Multicide             Phenothrin.
                               Intermediate 2471.
001021-01719................  Pyrocide Insecticide  Piperonyl butoxide,
                               II.                   Pyrethrins, Silicon
                                                     dioxide.
001021-01843................  Permethrin 10% Pour   Permethrin.
                               On.

001021-01844................  Permethrin 0.25%      Permethrin.
                               Granules.
001021-01848................  Permethrin 3.2 MUP..  Permethrin.
001021-01849................  Permethrin 0.5%G      Permethrin.
                               Homeowner.
001021-01850................  Permethrin 0.5%GC...  Permethrin.
001270-00073................  Zep Thermo-Fog        MGK 264, Piperonyl
                               Insecticide.          butoxide,
                                                     Pyrethrins.
002217-00854................  EH1392 Herbicide....  Propanoic acid, 2-(4-
                                                     ((5-
                                                     (trifluoromethyl)-2-
                                                     pyridinyl)oxy)pheno
                                                     xy)-, butil
                                                     ester,[supreg].
002517-00076................  Sergeant's X-term     Tetramethrin,
                               Household Flea and    Phenothrin,
                               Tick Killer with      Pyriproxyfen.
                               Nylar.
002724-00529................  Speer Household       Phenothrin,
                               Insect Killer.        Tetramethrin.
002724-00530................  Speer Household       Phenothrin,
                               Insect Spray.         Tetramethrin.
002724-00533................  Speer Magic Guard     Phenothrin,
                               Insect Killer.        Tetramethrin.
002724-00536................  Speer Automatic       Phenothrin,
                               Indoor Fogger.        Tetramethrin.
002724-00537................  Better World House    Phenothrin,
                               and Garden Insect     Tetramethrin.
                               Killer.
002724-00538................  Speer Pyrethroid      Phenothrin,
                               Concentrate T-12/4    Tetramethrin.
                               (Oil Dilutable).
002724-00540................  Purr-R-Fect Pet       Phenothrin,
                               (Pressurized) Flea    Tetramethrin.
                               Spray for Cats.
002724-00541................  Purr-R-Fect Pet Flea  Phenothrin,
                               Spray for Cats.       Tetramethrin.
002724-00542................  Better World Brand    Phenothrin,
                               Pressurized Plant     Tetramethrin.
                               Spray.
002724-00543................  Happy Dog             Phenothrin,
                               (Pressurized) Flea    Tetramethrin.
                               and Tick Spray for
                               Dogs.
002724-00545................  Speer Six-Month       Phenothrin,
                               Mothproofer.          Tetramethrin.
002724-00547................  Happy Dog Flea and    Phenothrin,
                               Tick Spray for Dogs.  Tetramethrin.
002724-00549................  Speer Fogger and      Phenothrin,
                               Contact Insecticide.  Tetramethrin.
002724-00597................  Farnam Flying Insect  Phenothrin,
                               Killer.               Tetramethrin.
002724-00599................  Repel-X II..........  Butoxypolypropylene
                                                     glycol,
                                                     Tetramethrin,
                                                     Phenothrin.
002724-00604................  Farnam Flying Insect  Phenothrin,
                               Killer.               Tetramethrin.
002724-00615................  Mug-A-Bug VI Total    Phenothrin,
                               Release Aerosol       Tetramethrin.
                               Fogger.
002724-00663................  Speer Flea Spray for  Phenothrin,
                               Carpets and           Tetramethrin,
                               Furniture with        Pyriproxyfen.
                               Nylar.
004313-00087................  Wasp and Hornet       Tetramethrin,
                               Killer ``Jet          Phenothrin.
                               Stream''.
004822-00172................  Raid Household        Bioallethrin,
                               Flying Insect         Phenothrin.
                               Killer Formula 3.
004822-00465................  P/P Flea and Tick     Phenothrin,
                               Spray No. 2.          Tetramethrin.
005178-00004................  Fish Brand E          Bioallethrin.
                               Mosquito Coils.
006836-00123................  Glybrom RW-95.......  2,4-
                                                     Imidazolidinedione,
                                                     1-bromo-3-chloro-
                                                     5,5-dimethyl- and 1-
                                                     3-Dibromo-5,5-
                                                     dimethylhydantoin.
006836-00250................  Dantobrom P Granular  2,4-
                                                     Imidazolidinedione,
                                                     1-bromo-3-chloro-
                                                     5,5-dimethyl-; 1-3-
                                                     Dibromo-5,5-
                                                     dimethylhydantoin
                                                     and 1-3, Dichloro-5-
                                                     ethyl-5-
                                                     methylhydantonin.
008848-00042................  Black Jack Flea and   Phenothrin,
                               Tick Killer for       Tetramethrin.
                               Carpets and Rugs.
010308-00014................  Vape Mat............  d-Allethrin.
010308-00015................  Pynamin Forte 60      d-Allethrin.
                               Mosquito Mat.
010308-00016................  Pynamin Forte 120     d-Allethrin.
                               Mosquito and Fly
                               Mat.
010308-00017................  Pynamin Forte         d-Allethrin.
                               Mosquito Coil.
019173-00347................  Macco Industrial      Piperonyl butoxide,
                               Strength Pyrethrin.   Pyrethrins, Xylene
                                                     range aromatic
                                                     solvent.
019713-00313................  Pearsons              Piperonyl butoxide,
                               Institutional Bug     Pyrethrins.
                               Killer.
019713-00315................  Pearson's Grain       Piperonyl butoxide,
                               Spray.                Pyrethrins.
019713-00347................  Macco Industrial      Piperonyl butoxide,
                               Strength Pyrethrin.   Pyrethrins, Xylene
                                                     range aromatic
                                                     solvent.
019713-00348................  Macco Pyrethrin       Piperonyl butoxide,
                               Fogging Spray.        Pyrethrins, Xylene
                                                     range aromatic
                                                     solvent.
019713-00349................  Macco Dairy Spray...  Piperonyl butoxide,
                                                     Pyrethrins.
047371-00138................  Formulation RTU-451.  Alkyl dimethyl
                                                     benzyl ammonium
                                                     chloride (50% c14,
                                                     40% C12, 10% C16).
047371-00177................  Formulation RTU-PA    Alkyl dimethyl
                               1210.                 benzyl ammonium
                                                     chloride (50% c14,
                                                     40% C12, 10% C16)
                                                     and 1-Decanaminuim,
                                                     N-decyl-N,N-
                                                     dimethyl-chloride.
053883-00031................  Permethrin Technical  Permethrin.
070127-00004................  Beetleball Technical  Benzene,1-methoxy-4-
                                                     (2-propenyl)-.
070506-00199................  TOTH 80 WP..........  Fentin hydroxide.
070506-00203................  Tebuconazole 3.6FL    Tebuconazole.
                               Liquid Flowable
                               Fungicide.
070506-00204................  Tebuconazole 45 WDG.  Tebuconazole.
075341-00005................  Cop-R-Plastic Wood    Copper naphthenate,
                               Preserving Compound.  Sodium fluoride.
075844-00003................  Freedom Premise       Deltamethrin.
                               Spray.
------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for
all registrants of the products in Table 1 of this unit, in sequence by
EPA company number. This number corresponds to the first part of the
EPA registration numbers of the products listed in Table 1 of this
unit.

               Table 2--Registrants of Cancelled Products
------------------------------------------------------------------------
          EPA Company No.                 Company name and address
------------------------------------------------------------------------
4.................................  Bonide Products, Inc., Agent
                                     Registrations By Design, Inc., P.O.
                                     Box 1019, Salem, VA 24153-3805.
239...............................  The Scotts Company, P.O. Box 190,
                                     Marysville, OH 43040.
241...............................  BASF Corporation, 26 Davis Drive,
                                     P.O. Box 13528, Research Triangle
                                     Park, NC 27709-3528.
270...............................  Farnam Companies, Inc., D/B/A
                                     Central Life Sciences, 301 West
                                     Osborn Road, Phoenix, AZ 85013.
464...............................  The Dow Chemical Company, 1500 East
                                     Lake Cook Road, Buffalo Grove, IL
                                     60089.
499...............................  Whitmire Micro-Gen Research
                                     Laboratories, Inc., BASF CORP.,
                                     3568 Tree Court Industrial Blvd.,
                                     St. Louis, MO 63122-6682.
506...............................  Walco Linck Company, 30856 Rocky
                                     Rd., Greeley, CO 80631-9375.
524...............................  Monsanto Company, 1300 I Street,
                                     NW., Suite 450 East, Washington, DC
                                     20005.
1020..............................  Chemetall U.S, Inc., 675 Central
                                     Avenue, New Providence, NJ 07974-
                                     0007.
1021..............................  McLaughlin Gormley King Company,
                                     8810 Tenth Ave North, Minneapolis,
                                     MN 55427-4319.
1270..............................  ZEP Inc., 1310 Seaboard Industrial
                                     Blvd. NW., Atlanta, GA 30318.
2217..............................  PBI/Gordon Corp., 1217 West 12th
                                     Street, P.O. Box 014090, Kansas
                                     City, MO 64101-0090.
2517..............................  Sergeant's Pet Care Products, Inc.,
                                     2625 South 158th Plaza, Omaha, NE
                                     68130-1703.
2724..............................  Wellmark International, 1501 E.
                                     Woodfield Rd., Suite 200 West,
                                     Schaumburg, IL 60173.
4313..............................  Carroll Company, 2900 W Kingsley
                                     Rd., Garland, TX 75041.
4822..............................  S.C. Johnson and Son, Inc., 1525
                                     Howe St., Racine, WI 53403.
5178..............................  Blood Protection Co. Ltd., P.O. Box
                                     65436, Tucson, AZ 85728.
6836..............................  Lonza Inc., 90 Boroline Road,
                                     Allendale, NJ 07401.
8848..............................  Safeguard Chemical Corp., 8203 West
                                     20th Street, Suite A, Greeley, CO
                                     80634-4696.
10308.............................  Sumitomo Chemical Company Ltd., 1600
                                     Riviera Avenue, Suite 200, Walnut
                                     Creek, CA 94596-8025.
19713.............................  Drexel Chemical Company, 1700
                                     Channel Ave., PO Box 13327,
                                     Memphis, TN 38113-0327.
47371.............................  H&S Chemicals Division, 90 Boroline
                                     Road, Allendale, NJ 07401.
53883.............................  Control Solutions, Inc., 427 Hide
                                     Away Circle, Cub Run, KY 42729.
70127.............................  Novozymes Biologicals, Inc., 1150
                                     Conn. Ave., NW., Suite 1100,
                                     Washington, DC 20036.
70506.............................  United Phosphorus, Inc., 630 Freedom
                                     Business Center, Suite 402, King of
                                     Prussia, PA 19406.
75341.............................  Osmose Utility Services Inc., 980
                                     Ellicott Street, Buffalo, NY 14209.
75844.............................  Andrew M. Martin Co. NV. Inc., Agent
                                     Technology Sciences Group Inc.,
                                     4061 N. 156th Dr., Goodyear, AZ
                                     85338.
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to
Comments

    During the public comment period provided, EPA received no comments
in response to the August 4, 2010 Federal Register notice, announcing
the Agency's receipt of the requests for voluntary cancellations of
products listed in Table 1 of Unit II.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested
cancellations of the registrations identified in Table 1 of Unit II.
Accordingly, the Agency hereby orders that the product registrations
identified in Table 1 of Unit II are canceled. The effective date of
the cancellations that are subject of this notice is September 15,
2010. Any distribution, sale, or use of existing stocks of the products
identified in Table 1 of Unit II. in a manner inconsistent with any of
the provisions for disposition of existing stocks set forth in Unit VI.
will be a violation of FIFRA.

V. What is the agency's authority for taking this action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any such request in the Federal Register. Thereafter,
following the public comment period, the EPA Administrator may approve
such a request. The notice of receipt for this action was published for
comment in the Federal Register issue of August 4, 2010 (75 FR 46926)
(FRL-8837-6), the comment period closed on September 3, 2010.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. The existing stocks provisions for the products
subject to this order are as follows.

A. Disposition of Existing Stocks for All Table 1 Products Except EPA
Reg. No. 524-478

    The registrants may continue to sell and distribute existing stocks
of products listed in Table 1 of Unit II. (except EPA Reg. No. 524-478)
until September 15, 2011, which is 1 year after the publication of the
Cancellation Order in the Federal Register. Thereafter, the registrants
are prohibited from selling or distributing products listed in Table 1,
except for export in accordance with FIFRA section 17, or proper
disposal. Persons other than the registrants may sell, distribute, or
use existing stocks of products listed in Table 1 of Unit II. (except
EPA Reg. No. 524-478) until existing stocks are exhausted, provided
that such sale, distribution, or use is consistent with the terms of
the previously approved labeling on, or that accompanied, the canceled
products.

B. Disposition of Existing Stocks for EPA Reg. No. 524-478

    In accordance with a ``phase-out'' agreement negotiated with
Monsanto Company in conjunction with an amendment request for EPA Reg.
No. 524-478, all sale, distribution, and planting of Bollgard[supreg]
Cotton (EPA Reg. No. 524-478) is prohibited after July 1, 2010. The
terms of the negotiated U.S. phase-out strategy include:
    1. Production of Bollgard[supreg] Cotton (EPA Reg. No. 524-478) by
Monsanto Company after September 30, 2009, is prohibited.
    2. All sales of Bollgard[supreg] Cotton after September 30, 2009,
are prohibited.
    3. Planting of Bollgard[supreg] Cotton seed after midnight of July
1, 2010, is prohibited.
    4. All Bollgard[supreg] Cotton seed not planted on or before July
1, 2010, must

be returned either to the retailer or to Monsanto Company. As a
consequence of the U.S. phase-out strategy for Bollgard[supreg] Cotton,
sale, distribution, and/or planting of Bollgard[supreg] Cotton is
prohibited. All existing stocks must be returned to Monsanto Company or
to an authorized retailer.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: September 7, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2010-22993 Filed 9-14-10; 8:45 am]
BILLING CODE 6560-50-P


--------------------------------------------------------------------------------
 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
--------------------------------------------------------------------------------
REGION 8
--------------------------------------------------------------------------------
1595 Wynkoop Street
--------------------------------------------------------------------------------
Denver, CO   80202-1129
--------------------------------------------------------------------------------
Phone<PHONE_NUMBER>
--------------------------------------------------------------------------------
www.epa.gov/region8

Ref: 8P-AR

Kristy Hardtke
Director of Library Services
Central Wyoming College Library
2660 Peck Avenue
Riverton, Wyoming 82501

Dear Ms. Hardtke:

The U.S. Environmental Protection Agency Region 8 is proposing to issue a synthetic minor permit for the Merit Energy Company (Merit), Steamboat Butte E5 Tank Battery on the Wind River Indian Reservation. As requested by Merit, this permit is only intended to establish requested enforceable emissions restrictions for existing installed and operating emissions units and an associated voluntarily installed and operated control device. Merit requested legally and practically enforceable requirements for the installation and operation of two (2) flares to control the volatile organic compound (VOC) emissions from produced natural gas from a heater treater separator and flashing, working and breathing loss emissions from crude oil storage tanks. Merit has also requested to limit facility oil, produced water,  natural gas throughput and the sulfur content in flared gas, as hydrogen sulfide (H2S). This permit would not authorize the construction of any new emissions sources, or emissions increases from existing units, nor would it otherwise authorize any other physical modifications to the facility or its operations. This permit is only intended to incorporate requested emission limits and provisions from the permit application for existing emissions units operating at the facility.

A public comment period for the proposed permit will begin on November 13, 2018, and end on December 13, 2018.

We have enclosed hard copies of the proposed permit and supporting documentation, and we ask that you please make this material available for public review until the end of the public comment period. Comments may be submitted via mail, via email to<EMAIL_ADDRESS>or through https://www.regulations.gov (Docket ID # EPA-R08-OAR-2018-0340). In addition, we have provided copies of the bulletin board public notice announcement and would appreciate it if you could post this announcement in prominent locations in your area. All of these documents will also be available for review in electronic format on our website at: https://www.epa.gov/caa-permitting/caa-permit-public-comment-opportunities-region-8.

If you have any questions concerning the enclosed proposed permit or technical support document, please contact Christopher Razzazian, of my staff, at<PHONE_NUMBER>.

						Sincerely,

						Monica Mathews-Morales
                              Director, Air Program
                                    Office of Partnerships and Regulatory Assistance

Enclosures (3)

cc:	Clint Wagon, Chairman, Eastern Shoshone Tribe
    Roy Brown, Chairman, Northern Arapaho Tribe
    Dean Goggles, Environmental Director, Environmental Program, Northern Arapaho Tribe
    Ryan Ortiz, Director Natural Resources, Environmental Program, Northern Arapaho Tribe
    Phoebe Wilson, Administrative Assistance, Eastern Shoshone Business Council
    Michelle Koch, Regulatory and Government Affairs Professional, Merit Energy Company