[Federal Register: April 1, 2008 (Volume 73, Number 63)]
[Notices]
[Page 17393-17395]
[DOCID:fr01ap08-90]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57564; File No. SR-NASDAQ-2008-022]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Modify the Rules Governing the Operation of The NASDAQ Options
Market

March 26, 2008.
    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 March 19, 2008, The NASDAQ Stock Market LLC (``Nasdaq'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I and II below, which Items have been
prepared substantially by Nasdaq. Nasdaq has filed this proposal
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder,\4\ which renders the proposal effective upon filing
with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq proposes to make five modifications to the rules governing
its recently-approved NASDAQ Options Market (``NOM'').\5\ Specifically,
Nasdaq proposes to: (1) Revise Chapter VI, Section 1(a)(2) of the NOM
Rules to clarify that all options trades will be reported to the
Options Price Regulatory Authority (``OPRA''); (2) modify Chapter VI,
Section 8 of the NOM Rules to

change the final tie-breakers for the Order Imbalance Indicator and the
execution algorithm of the Opening and Closing Crosses; (3) replace
improper references to the Nasdaq Market Center with proper references
to NOM; (4) revise Chapter VII, Section 6(c)(ii)(2) of the NOM Rules to
replace an inaccurate reference to a subsection of Rule 602 of
Regulation NMS under the Act; \6\ and (5) revise Chapter VI, Sections 7
and 10 of the NOM Rules to eliminate erroneous references to Displayed
Orders, which is not a defined term in the NOM Rules.
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    \5\ See Securities Exchange Act Release No. 57478 (March 12,
2008), 73 FR 14521 (March 18, 2008) (order approving File Nos. SR-
NASDAQ-2007-004 and SR-NASDAQ-2007-080) (``NOM Approval Order'').
    \6\ 17 CFR 242.602.
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    The text of the proposed rule change is available at Nasdaq, in the
Commission's Public Reference Room, and at http://www.nasdaq.com.

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

    In its filing with the Commission, Nasdaq included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. Nasdaq has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    On March 12, 2008, the Commission approved the Nasdaq proposals
establishing NOM.\7\ Nasdaq has identified the following five minor
modifications to the operation and rules governing NOM that Nasdaq
believes will improve the fair and orderly operation of NOM.
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    \7\ See NOM Approval Order, supra note 5.
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    (1) Nasdaq proposes to modify Chapter VI, Section 1(a)(2) of the
NOM Rules to clarify that all options trades will be reported to OPRA.
In its initial filing, Nasdaq inadvertently implied that it has
discretion to withhold transaction reports when, in fact, no such
discretion exists. All transaction reports by NOM will be reported to
OPRA.
    (2) Nasdaq proposes to modify Chapter VI, Section 8 of the NOM
Rules to change the final tie-breakers for the Order Imbalance
Indicator and the execution algorithm of the Opening and Closing
Crosses. With respect to the Closing Cross, Nasdaq proposes to clarify
that the Closing Cross execution price will be the price that maximizes
the number of paired contracts of available interest within NOM at the
time of the Closing Cross. This formulation is the same as the
formulation that Nasdaq uses in its Closing Cross for equities.
    With respect to the Opening Cross, Nasdaq proposes to use as the
final tie-breaker for the Order Imbalance Indicator and for the Opening
Cross execution algorithm the midpoint price of the available trading
interest within NOM at 9:30 a.m., rather than the Nasdaq Official
Closing price from the previous trading day. After further discussion
with industry representatives, Nasdaq has determined that using the
prior day's closing price would introduce unnecessary uncertainty due
to price changes that can and often do occur overnight. Nasdaq believes
that using the midpoint price of trading interest available within NOM
at 9:30 a.m. will be beneficial because it is the same tiebreaker that
Nasdaq applies for its equities Opening Cross. In addition, Nasdaq
believes that this price is more likely to produce a relevant market
price because trading interest within NOM is more likely to reflect
current market conditions than is the prior day's closing price.
    (3) Nasdaq proposes to replace improper references to the Nasdaq
Market Center with proper references to NOM. Throughout Chapter VI,
Sections 8 and 9 of the NOM Rules, Nasdaq improperly referred to the
Nasdaq Market Center rather than to NOM. Nasdaq believes that this
technical correction will reduce confusion about Nasdaq's options
rules.
    (4) Nasdaq proposes to modify Chapter VII, Section 6(c)(ii)(2) of
the NOM Rules to add one reference and to replace an inaccurate
reference to subsections of Rule 602 of Regulation NMS under the Act.
    (5) Nasdaq proposes to modify Chapter VI, Sections 7 and 10 of the
NOM Rules to eliminate erroneous references to Displayed Orders, which
is not a defined term within the NOM Rules. The rules will refer
instead to orders that are displayed within the System.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\8\ in general, and with Section
6(b)(5) of the Act,\9\ in particular, in that it is designed to promote
just and equitable principles of trade, to foster cooperation with
persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest; and are not designed to
permit unfair discrimination between customers, issuers, brokers, or
dealers, or to regulate by virtue of the authority conferred by this
title matters not related to the purposes of this title or the
administration of the exchange.
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    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(5).
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    Nasdaq notes that, with the exception of the changes proposed for
the Nasdaq Opening and Closing Crosses, none of the proposed changes
will impact the manner in which executions occur on NOM. According to
Nasdaq, the proposed changes to the Opening and Closing Crosses are
designed to improve both the quality and the predictability of
executions during these two critical periods of the day. In addition,
Nasdaq states that the proposed changes will more closely conform
Nasdaq's options and equities trading platform, thereby facilitating
improved trading by Nasdaq members.

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

    Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. Nasdaq notes, to the contrary,
that the proposed rules are designed to effectuate the orderly launch
of NOM, the seventh U.S. options market, which, Nasdaq believes, will
increase competition for the quotation and trading of standardized
equity and index options.

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

    Written comments were neither solicited nor received.

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

    Nasdaq has designated the proposed rule change as one that: (i)
Does not significantly affect the protection of investors or the public
interest; (ii) does not impose any significant burden on competition;
and (iii) does not become operative for 30 days from the date of
filing, or such shorter time as the Commission may designate if
consistent with the protection of investors and the public interest. In
addition, as required

under Rule 19b-4(f)(6)(iii),\10\ Nasdaq provided the Commission with
written notice of its intention to file the proposed rule change, along
with a brief description and the text of the proposed rule change, at
least five business days prior to filing the proposal with the
Commission. Therefore, the foregoing rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(6)
thereunder.\12\
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    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
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    Pursuant to Rule 19b-4(f)(6)(iii) under the Act, a proposal does
not become operative for 30 days after the date of its filing, or such
shorter time as the Commission may designate if consistent with the
protection of investors and the public interest. Nasdaq has asked the
Commission to waive the 30-day operative delay to allow the proposal to
be operative on March 31, 2008, the day Nasdaq plans to launch NOM.
Nasdaq states that it has carefully planned a detailed and thorough
testing and roll-out schedule for the NOM market, and has coordinated
this schedule with numerous industry participants. Nasdaq believes that
disrupting this schedule for the proposed modifications would cause
disproportionate inconvenience and delay the launch of a process that
will benefit investors. The Commission notes that waiving the 30-day
operative delay will allow Nasdaq to launch NOM pursuant to its planned
schedule. Further, the proposal will clarify NOM's rules, correct
technical errors, and provide greater consistency between NOM's opening
and closing procedures and the opening and closing procedures Nasdaq
uses in its equity market. For these reasons, the Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest and therefore
designates that the proposal become operative immediately.
    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2008-022 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-NASDAQ-2008-022. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room on official business
days between the hours of 10 a.m. and 3 p.m. Copies of the filing also
will be available for inspection and copying at the principal office of
Nasdaq. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File No. SR-NASDAQ-
2008-022 and should be submitted on or before April 22, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-6611 Filed 3-31-08; 8:45 am]

BILLING CODE 8011-01-P


United States Prevention, Pesticides July 19, 2004 Environmental Protection and Toxic Substances Agency ( 7508C)

Report of the Food Quality Protection Act ( FQPA) Tolerance Reassessment Progress and Risk Management Decision ( TRED) for D Limonene UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES CERTIFIED MAIL Dear Registrant:

This is the Environmental Protection Agency's ( hereafter referred to as EPA or the Agency) " Report of the Food Quality Protection Act ( FQPA) Tolerance Reassessment Progress and Risk Management Decision for d Limonene," which was approved on July 19, 2004. This document is also known as a Tolerance Reassessment Decision, or TRED. A Notice of Availability of this tolerance reassessment decision will be published shortly.

The Federal Food, Drug and Cosmetic Act ( FFDCA), as amended by FQPA, requires EPA to reassess all the tolerances for registered chemicals in effect on or before the enactment of the FQPA on August 3, 1996. In reassessing these tolerances, the Agency must consider, among other things, aggregate risks from non occupational sources of pesticide exposure, whether there is increased susceptibility to infants and children, and the cumulative effects of pesticides with a common mechanism of toxicity. Once a safety finding has been made, the tolerances are considered reassessed. Existing tolerances and exemptions associated with d limonene must be reassessed in accordance with FFDCA, as amended by FQPA.

The Agency has evaluated all current registered uses of d limonene and has determined that there is a reasonable certainty that no harm to any population subgroup will result from exposure to dlimonene when considering dietary exposure and all other non occupational sources of pesticide exposure for which there is reliable information. Therefore, no mitigation measures are needed, and the current tolerance exemptions at 40 CFR 180.539, 180.910 and 180.930 are now considered reassessed under section 408( q) of the FFDCA.

d Limonene occurs naturally in citrus fruits, vegetables, meats and spices. It is used as both an active and inert ingredient in various pesticide products. As an active ingredient, it is used as an insecticide, insect repellent, and animal ( dog and cat) repellent. As a pesticide inert ingredient is used as a solvent or fragrance. It is also found in consumer products such as certain foods, soaps, and perfumes. FDA considers dlimonene to be GRAS as a food additive when used as a synthetic flavoring substance and adjuvant ( 21CFR 182.60). As a result, the Agency has made a safety finding that d limonene is safe as currently used in pesticide products.

FQPA requires that EPA consider " available information" concerning the cumulative effects of a particular pesticide's residues and " other substances that have a common mechanism of toxicity." The Agency considers other substances because low level exposures to multiple chemical substances that cause a common toxic effect by a common mechanism could lead to the same adverse health effect, as would a higher level of exposure to any of the other substances individually.

The Agency has not yet determined whether the chemical class which includes d limonene exhibits a common mechanism of toxicity. Therefore, the Agency defers any cumulative risk assessment to a later date. For the purposes of tolerance reassessment of d limonene, EPA is assuming no common mechanism with other compounds. Therefore, a cumulative assessment was not conducted for this TRED.

Based on currently available data, d limonene does not appear to be an endocrine disruptor. However, when the appropriate screening and/ or testing protocols being considered under the Agency's Endocrine Disruptor Screening Program have been developed, d limonene may be subjected to additional screening and/ or testing to better characterize effects related to endocrine disruption.

The current tolerance exemptions for d limonene at 40 CFR 180.539, 180.910 and 180.930, are now considered reassessed under section 408( q) of the FFDCA. This document summarizes the Agency's decision on the tolerance reassessment for d limonene. Please contact Mark Perry of my staff with any questions regarding this decision. He may be reached by phone at ( 703) 308 8024 or by e mail at perry. mark@ epa. gov.

Sincerely,

Debra Edwards, Ph. D. Director Special Review and Reregistration Division Enclosures: FQPA Risk Assessment for Tolerance Reassessment of d Limonene ( 7/ 15/ 2004, OPP Lower Toxicity Pesticide Chemical Focus Group)


[Federal Register Volume 83, Number 109 (Wednesday, June 6, 2018)]
[Notices]
[Page 26340]
[FR Doc No: 2018-12155]

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DEPARTMENT OF TRANSPORTATION

Transportation Statistics Bureau

[Docket ID Number: DOT-OST-2014-0031]

Agency Information Collection; Activity Under OMB Review;
Reporting Required for International Civil Aviation Organization (ICAO)

AGENCY: Office of the Assistant Secretary for Research and Technology
(OST-R), Bureau of Transportation Statistics (BTS), DOT.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this
notice announces that the Information Collection Request (ICR)
abstracted below has been forwarded to the Office of Management and
Budget (OMB) for extension of currently approved collections. The ICR
describes the nature of the information collection and its expected
burden. A Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on March 28, 2018. One comment was received. It did not
pertain to this Information Collection Request and will not be
addressed by the Department at this time.

DATES: Written comments should be submitted by July 6, 2018.

FOR FURTHER INFORMATION CONTACT: Jeff Gorham, Office of Airline
Information, RTS-42, Room E34, OST-R, BTS, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, Telephone Number<PHONE_NUMBER>, Fax Number
(202) 366-3383 or Email [email protected].
    Comments: Send comments to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725-17th Street NW,
Washington, DC 20503, Attention: OST Desk Officer.

SUPPLEMENTARY INFORMATION:
    OMB Approval No. 2138-0039.
    Title: Reporting Required for International Civil Aviation
Organization (ICAO).
    Form No.: BTS Form EF.
    Type of Review: Extension of a currently approved collection.
    Respondents: Large certificated air carriers.
    Number of Respondents: 35.
    Number of Responses: 35.
    Total Burden per Response: 1.5 hours.
    Total Annual Burden: 53 hours..
    Needs and Uses: As a party to the Convention on International Civil
Aviation (Treaty), the United States is obligated to provide ICAO with
financial and statistical data on operations of U.S. air carriers. Over
99% of the data filed with ICAO is extracted from the air carriers'
Form 41 submissions to BTS. BTS Form EF is the means by which BTS
supplies the remaining 1% of the air carrier data to ICAO.
    The Confidential Information Protection and Statistical Efficiency
Act of 2002 (44 U.S.C. 3501), requires a statistical agency to clearly
identify information it collects for non-statistical purposes. BTS
hereby notifies the respondents and the public that BTS uses the
information it collects under this OMB approval for non-statistical
purposes including, but not limited to, publication of both
Respondent's identity and its data, and submission of the information
to agencies outside BTS for review, analysis and possible use in
regulatory and other administrative matters.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department concerning consumer protection. Comments should address
whether the information will have practical utility; the accuracy of
the Department's estimate of the burden of the proposed information
collection; ways to enhance the quality, utility and clarity of the
information to be collected; and ways to minimize the burden of the
collection of information on respondents, including the use of
automated collection techniques or other forms of information
technology.

    Issued in Washington, DC, on May 31, 2018.
William Chadwick, Jr.,
Director, Office of Airline Information, Bureau of Transportation
Statistics.
[FR Doc. 2018-12155 Filed 6-5-18; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Rules and Regulations]
[Page 69123]
[FR Doc No: 2011-28861]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27747; Directorate Identifier 2007-CE-030-AD;
Amendment 39-16782; AD 2009-10-09 R2]
RIN 2120-AA64

Airworthiness Directives; Cessna Aircraft Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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SUMMARY: The FAA is correcting an airworthiness directive (AD) that
published in the Federal Register. That AD applies to certain Cessna
Aircraft Company (Cessna) Models 150F, 150G, 150H, 150J, 150K, 150L,
150M, A150K, A150L, A150M, F150F, F150G, F150H, F150J, F150K, F150L,
F150M, FA150K, FA150L, FRA150L, FA150M, FRA150M, 152, A152, F152, and
FA152 airplanes. There is an error in the compliance instructions. This
document corrects that error. In all other respects, the original
document remains the same.

DATES: This final rule; correction, is effective November 8, 2011. The
effective date for AD 2009-10-09 R2 remains September 12, 2011.

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

FOR FURTHER INFORMATION CONTACT: Ann Johnson, Aerospace Engineer, FAA,
Wichita Aircraft Certification Office, 1801 Airport Road, Room 100,
Wichita, Kansas 67209; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Airworthiness Directive 2009-10-09 R2,
Amendment 39-16782 (76 FR 53308, August 26, 2011), currently requires
either installing a placard prohibiting spins and other acrobatic
maneuvers in the airplane or replacing the rudder stop, the rudder stop
bumper, and the attachment hardware with a new rudder stop modification
kit for certain Cessna Models 150F, 150G, 150H, 150J, 150K, 150L, 150M,
A150K, A150L, A150M, F150F, F150G, F150H, F150J, F150K, F150L, F150M,
FA150K, FA150L, FRA150L, FA150M, FRA150M, 152, A152, F152, and FA152
airplanes.
    As published, the text in the Procedures column of Table 2 in
paragraph (g)(1) of this AD incorrectly states ``* * * fabricate the
placard required in paragraph (g)(1)(i) of this AD * * *'', and the
text should refer to paragraph (g)(1)(ii).
    No other part of the preamble or regulatory information has been
changed; therefore, only the changed portion of the final rule is being
published in the Federal Register.
    The effective date of this AD remains September 12, 2011.

Correction of Regulatory Text

Sec.  39.13  [Corrected]

    In the Federal Register of August 26, 2011, on page 53311, in the
3rd column, Procedures, paragraph (g)(1), Table 2--Actions, Compliance
and Procedures, of AD 2009-10-09 R2 is corrected to read as follows:
* * * * *
    A person authorized to perform maintenance as specified in 14
CFR 43.3 of the Federal Aviation Administration Regulations (14 CFR
43.3) is required to make the AFM and POH changes, fabricate the
placard required in paragraph (g)(1)(ii) of this AD, and make an
entry into the aircraft logbook showing compliance with the portion
of the AD per compliance with 14 CFR 43.9.
* * * * *

    Issued in Kansas City, Missouri, on November 2, 2011.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-28861 Filed 11-7-11; 8:45 am]
BILLING CODE 4910-13-P