[Federal Register: May 9, 2007 (Volume 72, Number 89)]
[Notices]
[Page 26350-26351]
[DOCID:fr09my07-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-411-000]

Discovery Gas Transmission LLC; Notice of Revenue Credit Report

May 2, 2007.
    Take notice that on April 27, 2007, Discovery Gas Transmission LLC,
(Discovery) tendered for filing its revenue credit report for the 2006
calendar year pursuant to section 27, ``Revenue Crediting'' of the
general terms and conditions contained in its FERC Gas Tariff, which
requires Discovery to credit ninety percent of the revenues collected
in excess of $4,489.891 for a calendar year from certain transportation
services rendered on the Expansion Facilities.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and

385.214). Protests will be considered by the Commission in determining
the appropriate action to be taken, but will not serve to make
protestants parties to the proceeding. Any person wishing to become a
party must file a notice of intervention or motion to intervene, as
appropriate. Such notices, motions, or protests must be filed on or
before the date as indicated below. Anyone filing an intervention or
protest must serve a copy of that document on the Applicant. Anyone
filing an intervention or protest on or before the intervention or
protest date need not serve motions to intervene or protests on persons
other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time, May 9, 2007.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-8843 Filed 5-8-07; 8:45 am]

BILLING CODE 6717-01-P


                                                                      6560-50-P
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2020-0017; FRL - 11228-01-OW]
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Revision to the Information Collection Request for the 2020 Drinking Water Infrastructure Needs Survey and Assessment (DWINSA)
AGENCY:	Environmental Protection Agency (EPA).
ACTION:	Notice.
SUMMARY:	The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), "Revision to the Information Collection Request for the 2020 Drinking Water Infrastructure Needs Survey and Assessment (DWINSA)" (EPA ICR Number 2616.02; OMB Control Number 2040-0302) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a request for emergency approval of a revision to the currently approved collection, allowing the Agency to conduct a one-time follow-up to the lead service line (LSL) questionnaire of the 2020 DWINSA. A fuller description of the proposed revision is given below, including its estimated burden and cost to the public.
FOR FURTHER INFORMATION CONTACT: John Towe, Office of Water, Office of Ground Water and Drinking Water, Environmental Protection Agency; telephone number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>SUPPLEMENTARY INFORMATION: This is a proposed revision of the ICR, which is currently approved through December 31, 2023. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.
Abstract: Pursuant to section 3507(j) of the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), as implemented in the Office of Management and Budget (OMB) regulations at 5 CFR 1320.13, EPA is requesting emergency processing of a proposed information collection revision.
      The purpose of this information collection revision is to better identify the presence of LSL in states across the country. EPA's Office of Ground Water and Drinking Water already collected data to comply with sections 1452(h) and (i)(4) of the Safe Drinking Water Act (42 U.S.C. 300j-12) and the America's Water Infrastructure Act (AWIA) of 2018. This revised data collection effort will only include updates to the lead service line (LSL) counts of the 2020 DWINSA. For the LSL count update, EPA will collect and evaluate the number of LSL for water systems that are in all 50 states, the U.S. territories (Guam, U.S. Virgin Islands, Northern Mariana Islands, and American Samoa), Puerto Rico, and the District of Columbia. EPA will use an abbreviated version of the original DWINSA 2020 LSL questionnaire to collect LSL counts from previously surveyed water systems. Participation in the one-time update is voluntary.
      Service line information is rapidly developing as states and water systems develop inventories required under the Lead and Copper Rule Revisions. This update of the LSL questionnaire allows water systems and states that provided incomplete submissions to the original lead service line questionnaire or are still developing their LSL inventories to provide additional information to the data provided in 2021. This will result in a Bipartisan Infrastructure Law (BIL) Lead Service Line Replacement (LSLR) allotment that reflects a more current understanding of each state's needs. As mandated by section 1452(a)(1)(D)(ii) of the Safe Drinking Water Act, EPA intends for the update to impact the LSLR allotments starting in FY 2024 (i.e., 3rd year of BIL funding). In order to complete data collection within this timeframe, the service line count update must be conducted as an emergency revision to the original ICR.
Form Numbers: None.
Respondents/affected entities: The respondents for the LSL count update to the 2020 Drinking Water Infrastructure Needs Survey and Assessment are CWSs, NPNCWSs, and state agencies.
Respondent's obligation to respond: Voluntary
Estimated number of respondents: 3,969 (total).
Frequency of response: One time.
Total estimated burden: 3,118.8 hours (per year). Burden is defined at 5 CFR 1320.03(b)
Total estimated cost:  $194,265.4 (per year), which includes $0 annualized capital or operation & maintenance costs.
Changes in the Estimates: There is an increase of 3,118.8 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. This increase is a result of the Agency conducting a one-time follow-up to the original lead service line (LSL) questionnaire of the 2020 DWINSA in order to help ensure Lead Service Line Replacement (LSLR) allotments made from the Bipartisan Infrastructure Law (BIL) more accurately reflect each state's needs.

Dated:

Jennifer McLain,
Director, Office of Ground Water and Drinking Water.


[Federal Register: February 16, 2006 (Volume 71, Number 32)]
[Notices]
[Page 8321-8324]
[DOCID:fr16fe06-94]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53266; File No. SR-CBOE-2005-59]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Order Granting Accelerated Approval
of Proposed Rule Change and Amendment Nos. 1 and 2 Thereto Relating to
Listing Standards for Broad-Based Index Options

February 9, 2006.
    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 August 3, 2005, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below. On October 24, 2005, the CBOE filed Amendment No.
1 to the proposed rule change.\3\ On February 6, 2006, the CBOE filed
Amendment No. 2 to the proposed rule change.\4\ The Commission

is publishing this notice to solicit comments on the proposed rule
change, as amended, from interested persons and is approving the
proposal on an accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1, which replaces the original filing in its
entirety, includes several non-substantive revisions that provide
clearer and more accurate listing standards.
    \4\ Amendment No. 2 makes a technical revision to CBOE Rule
24.2(a) to include a reference to proposed new paragraph 24.2(f),
which was inadvertently omitted from the original rule filing and
Amendment No. 1.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CBOE proposes to amend its rules to adopt generic listing standards
for broad-based index options. The text of the proposed rule change is
available on CBOE's Web site (http://www.cboe.com), at the CBOE's

Office of the Secretary, 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 CBOE 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 III below.

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

1. Purpose
    The CBOE proposes to adopt CBOE Rule 24.2(f) to establish initial
listing standards for broad-based index options. The proposal will
allow the CBOE to list, pursuant to Rule 19b-4(e) under the Act,\5\
broad-based index options that meet the initial listing standards in
CBOE Rule 24.2(f). The listing standards require that the underlying
index be broad-based, as defined in CBOE Rule 24.1(i)(1); \6\ that
options on the index be a.m.-settled; that the index be capitalization-
weighted, modified capitalization-weighted, price-weighted, or equal
dollar-weighted; and that the index be comprised of at least 50
securities, all of which must be ``NMS stocks,'' as defined in Rule 600
of Regulation NMS.\7\ In addition, CBOE Rule 24.2(f) requires that: the
index's component securities meet certain minimum market
capitalization,\8\ eligibility,\9\ and average daily trading volume
requirements; \10\ no single component security account for more than
10% of the weight of the index and that the five highest weighted
component securities represent no more than 33% of the weight of the
index in the aggregate; \11\ non-U.S. component securities that are not
subject to comprehensive surveillance agreements represent no more than
20% of the weight of the index in the aggregate; \12\ the index value
be widely disseminated at least once every 15 seconds by the Options
Price Reporting Authority (``OPRA''), the Consolidated Tape Association
Plan/Consolidated Quotation Plan (``CTA/CQ''), the Nasdaq Index
Dissemination Service (``NIDS'') or by one or more major market data
vendors during the time options on the index are traded on the
Exchange; \13\ the Exchange reasonably believes it has adequate system
capacity to support the trading of options on the index; \14\ an equal
dollar-weighted index is rebalanced at least once every calendar
quarter; \15\ if an index is maintained by a broker-dealer, the index
is calculated by a third-party who is not a broker-dealer, and the
broker-dealer has erected an informational barrier around its personnel
who have access to information concerning changes in, and adjustments
to, the index; \16\ and that the CBOE have written surveillance
procedures in place with respect to the index options.\17\
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    \5\ 17 CFR 240.19b-4(e).
    \6\ CBOE Rule 24.1(i)(1) defines ``broad-based index'' to mean
``an index designed to be representative of a stock market as a
whole or of a range of companies in unrelated industries.''
    \7\ See proposed CBOE Rules 24.2(f)(1), (2), (3), (4) and (9).
Rule 600 of Regulation NMS defines an ``NMS stock'' to mean ``any
NMS security other than an option.'' An ``NMS security'' is defined
as ``any security or class of securities for which transaction
reports are collected, processed, and made available pursuant to an
effective transaction reporting plan, or an effective national
market system plan for reporting transactions in listed options.''
See 17 CFR 242.600.
    \8\ See proposed CBOE Rule 24.2(f)(5), which requires that
component securities that account for at least 95% of the weight of
the index have a market capitalization of at least $75 million,
except that component securities that account for at least 65% of
the weight of the index have a market capitalization of at least
$100 million.
    \9\ See proposed CBOE Rule 24.2(f)(6), which requires that
component securities that account for at least 80% of the weight of
the index satisfy the requirements of Rule 5.3 applicable to
individual underlying securities. CBOE Rule 5.3 requires in part
that underlying securities of options listed and traded on the CBOE
be ``NMS stocks'' as defined in Rule 600 of Regulation NMS, 17 CFR
242.600, and have at least a 7 million share float, 2000 holders,
total annual trading volume of 2.4 million shares and a minimum
price of $3 per share, and that the issuer must be in compliance
with its obligations under the Act.
    \10\ See proposed CBOE Rule 24.2(f)(7), which requires that each
component security that accounts for at least 1% of the weight of
the index has an average daily trading volume of at least 90,000
shares during the last six month period.
    \11\ Proposed CBOE Rule 24.2(f)(8).
    \12\ Proposed CBOE Rule 24.2(f)(10).
    \13\ Proposed CBOE Rule 24.2(f)(11).
    \14\ Proposed CBOE Rule 24.2(f)(12).
    \15\ Proposed CBOE Rule 24.2(f)(13).
    \16\ Proposed CBOE Rule 24.2(f)(14).
    \17\ Proposed CBOE Rule 24.2(f)(15).
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    The CBOE also proposes to adopt CBOE Rule 24.2(g), which
establishes maintenance standards for broad-based index options listed
pursuant to CBOE Rule 24.2(f). Specifically, under proposed CBOE Rule
24.2(g)(1), the requirements set forth above must continually be
satisfied, except that the minimum market capitalization, eligibility,
and average daily trading volume requirements outlined above, and the
requirement that no single component security account for more than 10%
of the weight of the index and that the five highest weighted component
securities represent no more than 33% of the weight of the index in the
aggregate, must be satisfied only as of the first day of January and
July of each calendar year. In addition, proposed CBOE Rule 24.2(g)(2)
provides that the number of component securities in the index (which
initially must be at least 50) may not increase or decrease by more
than 10% from the number of component securities in the index at the
time of its initial listing. If the option fails to meet these
maintenance standards, the CBOE may not open for trading any additional
series of options of that class unless the continued listing of the
class of index options has been approved by the Commission under
Section 19(b)(2) of the Act.\18\
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    \18\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    In addition, the CBOE proposes to apply current CBOE Rule 24.4(a),
which establishes a position limit of 25,000 contracts on the same side
of the market, with a restriction of no more than 15,000 contracts in
the near-term series, to broad-based index options listed pursuant to
CBOE Rule 24.2(f). Options listed pursuant to proposed CBOE Rule
24.2(f) will, in all other aspects, be traded pursuant to the
Exchange's trading rules and procedures applicable to index options,
and be covered under the Exchange's existing surveillance procedures
for index options.
2. Statutory Basis
    CBOE believes the proposed rule change is consistent with Section
6(b) \19\ of the Act in general and furthers the objectives of Section
6(b)(5) \20\ in particular in that it should promote just and equitable
principles of trade, serve to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and
protect investors and the public

interest. According to CBOE, the adoption of the proposed rule change
will enable CBOE to act expeditiously in listing options on new broad-
based security indexes in the same manner currently afforded to narrow-
based indexes as defined under Rule 24.2(b). In addition, CBOE believes
that the proposed rule change will remove impediments to a free and
open market place by providing competition for new products. CBOE
further believes that the proposed rule change will permit CBOE to more
effectively bring new products to the marketplace for competition, as
well as permit CBOE to compete with other new products that may be
introduced to the marketplace.
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    \19\ 15 U.S.C. 78f(b).
    \20\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    The Exchange neither received nor solicited written comments on the
proposal.

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, 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-CBOE-2005-59 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 Number SR-CBOE-2005-59. 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. Copies of such
filing also will be available for inspection and copying at the
principal office of the CBOE. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-CBOE-2005-59 and should be submitted on or before March
9, 2006.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    After careful review, the Commission finds that the proposed rule
change, as amended, is consistent with the requirements of the Act and
the rules and regulations thereunder applicable to a national
securities exchange.\21\ In particular, the Commission finds that the
proposed rule change, as amended, is consistent with Section 6(b)(5) of
the Act,\22\ which requires, among other things, that the rules of a
national securities exchange be designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system and, in general,
to protect investors and the public interest.
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    \21\ In approving this proposal, the Commission has considered
the proposed rule's impact on efficiency, competition, and capital
formation. 15 U.S.C. 78c(f).
    \22\ 15 U.S.C. 78f(b)(5).
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    To list options on a particular broad-based index, the CBOE
currently must file a proposed rule change with the Commission pursuant
to Section 19(b)(1) of the Act \23\ and Rule 19b-4 thereunder.\24\
However, Rule 19b-4(e) \25\ provides that the listing and trading of a
new derivative securities product by a self-regulatory organization
(``SRO'') will not be deemed a proposed rule change pursuant to Rule
19b-4(c)(1) \26\ if the Commission has approved, pursuant to Section
19(b) of the Act,\27\ the SRO's trading rules, procedures, and listing
standards for the product class that would include the new derivative
securities product, and the SRO has a surveillance program for the
product class.
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    \23\ 15 U.S.C. 78s(b)(1).
    \24\ 17 CFR 240.19b-4.
    \25\ 17 CFR 240.19b-4(e).
    \26\ 17 CFR 240.19b-4(c)(1).
    \27\ 15 U.S.C. 78s(b).
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    As described more fully above and in CBOE's filing, the CBOE
proposes to establish listing standards for broad-based index options.
The Commission's approval of the CBOE's listing standards for broad-
based index options will allow options that satisfy the listing
standards to begin trading pursuant to Rule 19b-4(e),\28\ without
constituting a proposed rule change within the meaning of Section 19(b)
of the Act \29\ and Rule 19b-4 thereunder,\30\ for which notice and
comment and Commission approval is necessary.\31\ The CBOE's ability to
rely on Rule 19b-4(e) \32\ to list broad-based index options that meet
the requirements of CBOE Rule 24.2(f) potentially reduces the time
frame for bringing these securities to the market, thereby promoting
competition and making new broad-based index options available to
investors more quickly.
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    \28\ 17 CFR 240.19b-4(e).
    \29\ 15 U.S.C. 78s(b).
    \30\ 17 CFR 240.19b-4.
    \31\ When relying on Rule 19b-4(e), 17 CFR 240.19b-4(e), the SRO
must submit Form 19b-4(e) to the Commission within five business
days after the SRO begins trading the new derivative securities
product. See Securities Exchange Act Release No. 40761 (December 8,
1998), 63 FR 70952 (December 22, 1998) (File No. S7-13-98).
    If the underlying index does not satisfy all of the conditions
in the listing standards contained in proposed CBOE Rule 24.2(f),
the CBOE would be required to file a proposed rule change with the
Commission pursuant to Section 19(b)(2) of the Act, 15 U.S.C.
78s(b)(2), and obtain Commission approval to list options on that
index.
    \32\ 17 CFR 240.19b-4(e).
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    The Commission notes that the CBOE has represented that it has
adequate trading rules, procedures, listing standards, and a
surveillance program for broad-based index options. CBOE's existing
index option trading rules and procedures will apply to broad-based
index options listed pursuant to CBOE Rule 24.2(f). Other existing CBOE
rules, including provisions addressing sales practices and margin
requirements, also will apply to these options. In addition, the CBOE
proposes to establish position and exercise limits of 25,000 contracts
on the same side of the market, with a restriction of no more than
15,000 contracts in the near-term series, for broad-based index options
listed pursuant to CBOE Rule 24.2(f), by applying CBOE Rule 24.4(a) to
such

options.\33\ The Commission believes that the proposed position and
exercise limits should serve to minimize potential manipulation
concerns.
---------------------------------------------------------------------------

    \33\ See CBOE Rule 24.4(a). Under CBOE Rule 24.5, the exercise
limits for index option contracts are equivalent to the position
limits prescribed for option contracts with the nearest expiration
date in CBOE Rule 24.4 or 24.4A.
---------------------------------------------------------------------------

    The CBOE represents that it has adequate surveillance procedures
for broad-based index options and that it intends to apply its existing
surveillance procedures for index options to monitor trading in broad-
based index options listed pursuant to CBOE Rule 24.2(f). In addition,
because CBOE Rule 24.2(f) requires that each component of an index be
an ``NMS stock,'' as defined in Rule 600 of Regulation NMS under the
Act,\34\ each index component must be listed on a registered national
securities exchange or Nasdaq. Accordingly, the CBOE will have access
to information concerning trading activity in the component securities
of an underlying index through the Intermarket Surveillance Group
(``ISG'').\35\ CBOE Rule 24.2(f) also provides that non-U.S. index
components that are not subject to a comprehensive surveillance sharing
agreement between the CBOE and the primary market(s) trading the index
components may comprise no more than 20% of the weight of the
index.\36\ The Commission believes that these requirements will help to
ensure that the CBOE has the ability to monitor trading in broad-based
index options listed pursuant to CBOE Rule 24.2(f) and in the component
securities of the underlying indexes.
---------------------------------------------------------------------------

    \34\ 17 CFR 242.600.
    \35\ The ISG was formed on July 14, 1983, to, among other
things, coordinate more effectively surveillance and investigative
information sharing arrangements in the stock and options markets.
All of the registered national securities exchanges and the National
Association of Securities Dealers, Inc., are members of the ISG. In
addition, futures exchanges and non-U.S. exchanges and associations
are affiliate members of the ISG.
    \36\ However, such non-U.S. index components, as ``NMS stocks,''
would be registered under Section 12 of the Act, 15 U.S.C. 78l, and
listed and traded on a national securities exchange or Nasdaq, where
there is last sale reporting.
---------------------------------------------------------------------------

    The Commission believes that the requirements in CBOE Rule 24.2(f)
regarding, among other things, the minimum market capitalization,
trading volume, and relative weightings of an underlying index's
component stocks are designed to ensure that the markets for the
index's component stocks are adequately capitalized and sufficiently
liquid, and that no one stock dominates the index. In addition, CBOE
Rule 24.2(f) requires that the underlying index be ``broad-based,'' as
defined in CBOE Rule 24.1(i)(1).\37\ The Commission believes that these
requirements minimize the potential for manipulating the underlying
index.
---------------------------------------------------------------------------

    \37\ See supra note 6.
---------------------------------------------------------------------------

    The Commission believes that the requirement in CBOE Rule 24.2(f)
that the current index value be widely disseminated at least once every
15 seconds by OPRA, CTA/CQ, NIDS, or by one or more major market data
vendors during the time an index option trades on the CBOE should
provide transparency with respect to current index values and
contribute to the transparency of the market for broad-based index
options. In addition, the Commission believes, as it has noted in other
contexts, that the requirement in CBOE Rule 24.2(f) that an index
option be settled based on the opening prices of the index's component
securities, rather than on closing prices, could help to reduce the
potential impact of expiring index options on the market for the
index's component securities.\38\
---------------------------------------------------------------------------

    \38\ See, e.g., Securities Exchange Act Release No. 30944 (July
21, 1992), 57 FR 33376 (July 28, 1992) (order approving a CBOE
proposal to establish opening price settlement for S&P 500 Index
options).
---------------------------------------------------------------------------

    The Exchange has requested accelerated approval of the proposed
rule change. The Commission finds good cause for approving the proposed
rule change, as amended, prior to the 30th day after the date of
publication of the notice of filing in the Federal Register. The
proposal implements listing and maintenance standards and position and
exercise limits for broad-based index options substantially the same as
those recently approved for the International Securities Exchange,
which were subject to the full public comment period, with no comments
received.\39\ The Commission does not believe that the Exchange's
proposal raises any novel regulatory issues. Therefore, the Commission
finds good cause, consistent with Section 19(b)(2) of the Act,\40\ to
approve the proposed rule change, as amended, on an accelerated basis.
---------------------------------------------------------------------------

    \39\ See Securities Exchange Act Release No. 52578 (October 7,
2005), 70 FR 60590 (October 18, 2005). See also Securities Exchange
Act Release No. 52781 (November 16, 2005), 70 FR 70898 (November 23,
2005) (order approving on an accelerated basis generic broad-based
index option listing standards for the American Stock Exchange).
    \40\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\41\ that the proposed rule change (SR-CBOE-2005-59), as amended,
is hereby approved on an accelerated basis.
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    \41\ Id.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\42\
---------------------------------------------------------------------------

    \42\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E6-2197 Filed 2-15-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: October 11, 2006 (Volume 71, Number 196)]
[Notices]
[Page 59778-59779]
[DOCID:fr11oc06-84]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

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

October 4, 2006.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Competing Preliminary Permit.
    b. Project No: 12742-000.
    c. Date Filed: September 20, 2006.
    d. Applicant: City of Port Townsend, Washington.
    e. Name of Project: Admiralty Inlet Tidal Energy Project.
    f. Location: The project would be located under water in a section
of Admiralty Inlet in the Puget Sound in Island, Jefferson and Kitsap
Counties, Washington. Admiralty Inlet lies between the Olympic
Peninsula on the mainland of the State of Washington and Whidbey Island
in the Puget Sound.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contacts: Mr. David Timmons, City Manager, City of
Port Townsend, 250 Madison Street, Port Townsend, WA 98368. Phone:
(360)-379-5047.

    i. FERC Contact: Mr. Chris Yeakel,<PHONE_NUMBER>.
    j. Deadline for filing motions to intervene, protests and comments:
30 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Comments, protests, and
interventions may be filed electronically via the Internet in lieu of
paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site under the ``e-Filing'' link. The Commission
strongly encourages electronic filings. Please include the project
number (P-12742-000) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Competing Application: Project No. 12690-000, Date Filed: June
15, 2006, Notice Issued: June 22, 2006, Due Date: August 22, 2006.
    l. Description of Project: The proposed project would consist of:
(1) 450 Tidal In Stream Energy Conversion (TISEC) devices consisting
of, (2) rotating propeller blades 20 meters in diameter, (3) integrated
generators with a capacity of 50 kW, (4) anchoring systems, (5) mooring
lines, and (6) interconnection transmission lines. The project is
estimated to have an annual generation of 146.2 gigawatt-hours per-
year, which would be used within city limits or service area limits.
    m. Locations of Applications: A copy of the application is
available for inspection and reproduction at the Commission in the
Public Reference Room, located at 888 First Street NE., Room 2A,
Washington DC 20426, or by calling<PHONE_NUMBER>. This filing may also
be viewed on the Commission's Web site at http://www.ferc.gov using the

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

also available for inspection and reproduction at the address in item h
above.
    n. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    o. Proposed Scope of Studies under Permit: A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    p. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    q. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'', as applicable, and the Project Number of the
particular application to which the filing refers. Any of the above-
named documents must be filed by providing the original and the number
of copies provided by the Commission's regulations to: The Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. An additional copy must be sent to Director,
Division of Hydropower Administration and Compliance, Federal Energy
Regulatory Commission, at the above-mentioned address. A copy of any
motion to intervene must also be served upon each representative of the
Applicant specified in the particular application.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's web site under the ``e-Filing''
link. The Commission strongly encourages electronic filings
    r. Agency Comments: Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Magalie R. Salas,
Secretary.
[FR Doc. E6-16795 Filed 10-10-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 15 (Tuesday, January 24, 2023)]
[Notices]
[Pages 4173-4175]
[FR Doc No: 2023-01318]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC22-30-000]

Commission Information Collection Activities (FERC-725N); Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of information collection and request for comments.

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

SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission FERC-725N,
(Mandatory Reliability Standards TPL-007-4, Transmission System Planned
Performance for Geomagnetic Disturbance Events), which will be
submitted to the Office of Management and Budget (OMB) for review. No
Comments were received on the 60-day notice published on September 29,
2022.

DATES: Comments on the collection of information are due February 23,
2023.

ADDRESSES: Send written comments on FERC-725N to OMB through
www.reginfo.gov/public/do/PRAMain. Attention: Federal Energy Regulatory
Commission Desk Officer. Please identify the OMB Control Number (1902-
0264) in the subject line of your comments. Comments should be sent
within 30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain.
    Please submit copies of your comments to the Commission. You may
submit copies of your comments (identified by Docket No. IC22-30-000)
by one of the following methods:
    Electronic filing through https://www.ferc.gov, is preferred.
     Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
     For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery.
    [cir] Mail via U.S. Postal Service Only: Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
    [cir] Hand (Including Courier) Delivery: Deliver to: Federal Energy
Regulatory Commission, Secretary of the Commission, 12225 Wilkins
Avenue, Rockville, MD 20852.
    Instructions: OMB submissions must be formatted and filed in
accordance with submission guidelines at www.reginfo.gov/public/do/PRAMain. Using the search function under the ``Currently Under Review''
field, select Federal Energy Regulatory Commission; click ``submit,''
and select ``comment'' to the right of the subject collection.
    FERC submissions must be formatted and filed in accordance with
submission guidelines at: https://www.ferc.gov. For user assistance,
contact FERC Online Support by email at [email protected], or
by phone at:<PHONE_NUMBER> (toll-free).
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at https://www.ferc.gov/ferc-online/overview.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
[email protected], telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Title: FERC-725N, Mandatory Reliability Standards TPL-007-4,
Transmission System Planned Performance for Geomagnetic Disturbance
Events.
    OMB Control No.: 1902-0264.
    Type of Request: Extension of the currently approved collection.
    Abstract: On August 8, 2005, Congress enacted into law the
Electricity Modernization Act of 2005, which is Title XII, Subtitle A,
of the Energy Policy Act of 2005 (EPAct 2005).\1\ EPAct 2005 added a
new section 215 to the Federal Power Act (FPA), which requires a
Commission-certified Electric Reliability Organization (ERO) to develop
mandatory and enforceable Reliability Standards, which are subject to
Commission review and approval. Once approved, the Reliability
Standards may be enforced by the ERO subject to Commission oversight,
or the Commission can independently enforce Reliability Standards.\2\
---------------------------------------------------------------------------

    \1\ Energy Policy Act of 2005, Public Law 109-58, Title XII,
Subtitle A, 119 Stat. 594, 941 (codified at 16 U.S.C. 824o).
    \2\ 16 U.S.C. 824o(e)(3).
---------------------------------------------------------------------------

    On February 3, 2006, the Commission issued Order No. 672,
implementing section 215 of the FPA.\3\ Pursuant to Order No. 672, the
Commission certified one organization, North American Electric
Reliability Corporation (NERC), as the ERO.\4\ The Reliability
Standards developed by the ERO and approved by the Commission apply to
users, owners and operators of the Bulk-Power System as set forth in
each Reliability Standard.
---------------------------------------------------------------------------

    \3\ Rules Concerning Certification of the Electric Reliability
Organization; and Procedures for the Establishment, Approval, and
Enforcement of Electric Reliability Standards, Order No. 672, FERC
Stats. & Regs. ] 31,204, order on reh'g, Order No. 672-A, FERC
Stats. & Regs. ] 31,212 (2006).
    \4\ North American Electric Reliability Corp., 116 FERC ]
61,062, order on reh'g and compliance, 117 FERC ] 61,126 (2006),
order on compliance, 118 FERC ] 61,190, order on reh'g, 119 FERC ]
61,046 (2007), aff'd sub nom. Alcoa Inc. v. FERC, 564 F.3d 1342
(D.C. Cir. 2009).
---------------------------------------------------------------------------

    Pursuant to section 215(d)(2) of the FPA),\5\ the Commission
approved Reliability Standard TPL-001-5 (Transmission System Planning
Performance Requirements). The North American Electric Reliability
Corporation (NERC), the Commission-certified Electric Reliability
Organization (ERO), submitted the

proposed Reliability Standard TPL-001-5 for Commission approval to
address: (1) reliability issues concerning the study of single points
of failure of protection systems discussed in Order No. 754; \6\ and
(2) directives from Order No. 786 \7\ regarding planned maintenance
outages and stability analysis for spare equipment strategy.
---------------------------------------------------------------------------

    \5\ 16 U.S.C. 824o(d)(2).
    \6\ In Order No. 754, the Commission determined that there is
``an issue concerning the study of the non[hyphen]operation of
non[hyphen]redundant primary protection systems; e.g., the study of
a single point of failure on protection systems.'' Interpretation of
Transmission Planning Reliability Standard, Order No. 754, 136 FERC
] 61,186, at P 19 (2011). The phrases ``non[hyphen]operation of a
non[hyphen]redundant component of a protection system'' and
``protection system single points of failure'' are used
interchangeably in this memorandum.
    \7\ Transmission Planning Reliability Standards, Order No. 786,
145 FERC ] 61,051 (2013).
---------------------------------------------------------------------------

    On February 7, 2020, the North American Electric Reliability
Corporation filed a petition seeking approval of proposed Reliability
Standard TPL-007-4 (Transmission System Planned Performance for
Geomagnetic Disturbance Events). The Reliability Standard TPL-007-4
requires owners and operators of the Bulk-Power System to conduct
initial and on-going vulnerability assessments of the potential impact
of defined geomagnetic disturbance events on Bulk-Power System
equipment and the Bulk-Power System as a whole. Specifically, the
Reliability Standard requires entities to develop corrective action
plans for vulnerabilities identified through supplemental geomagnetic
disturbance vulnerability assessments and requires entities to seek
approval from the Electric Reliability Organization of any extensions
of time for the completion of corrective action plan items.
    Type of Respondents: Generator Owners, Planning Coordinators,
Distribution Providers and Transmission Owners.
    Estimate of Annual Burden: \8\ Our estimates are based on the NERC
Compliance Registry Summary of Entities as of September 16, 2022.
---------------------------------------------------------------------------

    \8\ Burden is defined as the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a federal agency. See 5
CFR 1320 for additional information on the definition of information
collection burden.
---------------------------------------------------------------------------

    The individual burden estimates include the time needed to gather
data, run studies, and analyze study results. These are consistent with
estimates for similar tasks in other Commission-approved standards.
Estimates for the additional average annual burden and cost \9\ as
follows:
---------------------------------------------------------------------------

    \9\ Both Electrical Engineers ($77.02/hr.) and Information and
Record Clerks ($42.35/hr.) support the information collection and a
composite percent split (60/40) cost per hour will be used. Cost per
Response = [($77.02 * (0.60)) + ($42.35 * (0.40))] = [$46.21 +
$16.94] = $63.15/hr. from the Bureau of Labor and Statistics at
http://bls.gov/oes/current/naics3_221000.htm, as of June 2022.

    FERC-725N--Mandatory Reliability Standards TPL-001-5.1 and TPL-007-4, Transmission System Planned Performance for Geomagnetic Disturbance Events
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Annual  number  Annual  number                                              Total annual burden
                                           \1\ of       of  responses   Total number   Average burden hours and    hours  and cost  ($)      Cost per
                                         respondents   per respondent   of responses    cost  ($) per response          (rounded)         respondent ($)
                                                  (1)             (2)     (1) * (2) =  (4).....................  (3) * (4) = (5)........       (5) / (1)
                                                                                (3)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Mandatory Reliability Standard TPL-001-5.1
--------------------------------------------------------------------------------------------------------------------------------------------------------
TPL-001-5.1 Reliability Standard.....          63(PC)               1              63  143 hrs.; $9,030.45.....  9,020 hrs.; $569,613...       $9,030.45
                                              205(TP)               1             205  44 hrs.; $2,778.60......  9,020 hrs.; $569,613...        2,778.60
                                      ------------------------------------------------------------------------------------------------------------------
    Total for TPL-001-5.1............  ..............  ..............             268  ........................  18,040 hrs.; $1,139,226  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Mandatory Reliability Standard TPL-007-4
--------------------------------------------------------------------------------------------------------------------------------------------------------
GO \10\..............................           1,107               1           1,107  36 hrs.; $2,273.40......  39,880 hrs.; $2,598,182        2,273.40
PC \11\..............................              61               1              61  264 hrs.; $16,671.60....  16,101 hrs.;                  16,671.60
                                                                                $1,016,778.15.
TP \12\..............................             205               1             205  127 hrs.; $8,020.05.....  25,981 hrs.;                   8,020.05
                                                                                $1,640,700.15.
TO \13\..............................             326               1             326  43 hrs.; $2,715.45......  13,960 hrs.; $881,574..       2,715,.45
                                      ------------------------------------------------------------------------------------------------------------------
    Total for TPL-007-4..............  ..............  ..............           1,699  ........................  95,922 hrs;              ..............
                                                                                $6,057,474.3.
                                      ------------------------------------------------------------------------------------------------------------------
    Total for FERC-725N..............  ..............  ..............           1,967  ........................  113,962 hrs.;            ..............
                                                                                $7,196,700.30.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    For TPL-001-5.1 the number of respondents has been increased
slightly to reflect the type of entities--planning coordinators
reflected and average over a three-year timeframe that was reported
from RD20-3 ongoing burden from the previous approval, and tried to
account for overlap between entities, but the overall annual manhours
remain about the same. With this renewal the table more accurately
represent the entities on a yearly basis.
---------------------------------------------------------------------------

    \10\ Generator Owner.
    \11\ Planning Coordinator.
    \12\ Distribution Provider.
    \13\ Transmission Owner.
---------------------------------------------------------------------------

    The entities with responsibility for these standards--planning
coordinators (PC=61) and transmission planners (TP=205) are taken from
the NERC Compliance Registration information of November 4, 2022
(updated from the 60-day notice) for unique US entities.
    For TPL-007-4 the number of respondents has been reduced as the
standard (TPL-007-4) was revised several times and individual
information collection respondent counts result in same type of entity
being counted multiple times. The change also corrects in TPL-007-4 the
distribution provided (DP) was used instead of transmission provider
(TP) so was a contributing factor to the overall decrease in number of
respondents. The updated values more truly represent the cumulative
responsibility of each entity on the work they must do, and the overall
annual manhours remains about the same. With this renewal the table for
TPL-007-4 more accurately represent the entities on a yearly basis.
    The entities with responsibility for these standards have been
updated to (generator owner (GO=1,107), transmission owner (TO=326),
planning coordinator (PC=61), and transmission planner (TP=205)) are
taken from the NERC Compliance Registration information of November 4,
2022, for unique US entities.
    Comments: Comments are invited on: (1) whether the collection of
information is necessary for the proper performance of the functions of
the

Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.

    Dated: January 18, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-01318 Filed 1-23-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 27, 2006 (Volume 71, Number 227)]
[Notices]
[Page 68587-68588]
[DOCID:fr27no06-67]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP06-71-004]

Carolina Gas Transmission Corporation; Notice of Application

November 17, 2006
    Take notice that on November 1, 2006, Carolina Gas Transmission
Corporation (Carolina Gas) tendered for filing Rate Schedule FT Service
Agreement between Patriots Energy Group (PEG) and Carolina Gas (PEG
Agreement) in substitution for the unexecuted version of the agreement
that the Commission accepted in its Order Issuing Certificates,
Granting Abandonment Authority and Approving Offer of Settlement in
Docket Nos. CP06-71-000, CP07-72-000, and CP06-73-000.
    Carolina Gas states that the filing has been served to all parties
to the service list.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of

the Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Protests will be considered by the Commission in determining
the appropriate action to be taken, but will not serve to make
protestants parties to the proceeding. Any person wishing to become a
party must file a notice of intervention or motion to intervene, as
appropriate. Such notices, motions, or protests must be filed on or
before the date as indicated below. Anyone filing an intervention or
protest must serve a copy of that document on the Applicant. Anyone
filing an intervention or protest on or before the intervention or
protest date need not serve motions to intervene or protests on persons
other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-19941 Filed 11-24-06; 8:45 am]

BILLING CODE 6717-01-P


% Food exposure
% Once daily oral exposure, dose from cpfs SS F13_49 foodonly exp distribution.csv 99.9th percentile
% Female adult, Body weight set to 72.9 kg
% Cecilia Tan
% August 25, 2015

prepare @clear @all
% Setting model parameters
start @NoCallback
use human_parameters_MRP
use preg_female_parameters

BWSW=1;		% Set to 1 if BWT is provided
BWST=72.9;	% Initial BW in kg
PREG=0;		% Not pregnant
TSTOP= 1008; 	% Exposure duration in hrs

%Single daily oral exposure
DT = xlsRead("Food.xls", "999p", "A1:A43"); % Dosing Times
DORAL=xlsRead("Food.xls", "999p", "B1:B43"); % Dose in ug/kg
prepare time rbcce cv urinetcpy
start@nocallback

% Output RBC AChE, urine TCpy, venous blood conc of chlorpyrifos, in ug/L
mytable = [_time _rbcce _urinetcpy _cv*350.6];
save mytable @file='food_999.txt' @format=ascii

min(_rbcce)		% display peak RBC AChE inhibition


[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Notices]
[Pages 41042-41043]
[FR Doc No: 2021-16211]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2020-N-2340]

Matthew Hebert: Final Debarment Order

AGENCY: Food and Drug Administration, Health and Human Services (HHS).

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is issuing an order
under the Federal Food, Drug, and Cosmetic Act (FD&C Act) debarring
Matthew Hebert for a period of 5 years from importing articles of food
or offering such articles for importation into the United States. FDA
bases this order on a finding that Mr. Hebert was convicted of a felony
count under Federal law for conduct relating to the importation into
the United States of an article of food. Mr. Hebert was given notice of
the proposed debarment and an opportunity to request a hearing within
the timeframe prescribed by regulation. As of May 5, 2021 (30 days
after receipt of the notice), Mr. Hebert has not responded. Mr.
Hebert's failure to respond and request a hearing constitutes a waiver
of his right to a hearing concerning this matter.

DATES: This order is applicable July 30, 2021.

ADDRESSES: Submit applications for termination of debarment to the
Dockets Management Staff (HFA-305), Food and Drug Administration, 5630
Fishers Lane, Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>, or at
https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jaime Espinosa (ELEM-4029), Division
of Enforcement, Office of Strategic Planning and Operational Policy,
Office of Regulatory Affairs, Food and Drug Administration, 12420
Parklawn Dr., Rockville, MD 20857,<PHONE_NUMBER>, or at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(b)(1)(C) of the FD&C Act (21 U.S.C. 335a(b)(1)(C))
permits debarment of an individual from importing an article of food or
offering such an article for import into the United States if FDA
finds, as required by section 306(b)(3)(A) of the FD&C Act, that the
individual has been convicted of a felony for conduct relating to the
importation into the United States of any food. On December 11, 2020,
Mr. Hebert was convicted, as defined in section 306(l)(1)(A) of the
FD&C Act, in the U.S. District Court for the Northern

District of Texas-Dallas Division, when the court accepted Mr. Hebert's
plea of guilty and entered judgment against him for the offense of
introduction of misbranded food into interstate commerce with intent to
defraud and mislead, in violation of sections 301(a) and 303(a)(2) of
the FD&C Act (21 U.S.C. 331(a) and 333(a)(2)).
    FDA's finding that the debarment is appropriate is based on the
felony conviction referenced herein. The factual basis for this
conviction is as follows: As contained in the superseding indictment,
filed on January 5, 2016, Mr. Hebert was a co-owner of USP Labs with
primarily responsibilities over product packaging design. As contained
in the factual r[eacute]sum[eacute] submitted as part of Mr. Hebert's
plea agreement on March 11, 2019, and the factual resumes submitted as
part of plea agreements with his codefendants, one of Mr. Hebert's
codefendants instructed a Chinese company to have 2 metric tons of
ground cynanchum auriculatum root powder shipped internationally to
S.K. Laboratories in California for inclusion in USP Labs' dietary
supplement products, using the false name ``cynanchum auriculatum root
extract.'' USP Labs sent false labels to retailers and wholesalers
listing ``cynanchum auriculatum (root) extract'' as an ingredient in
OxyElite Pro ``Advanced Formula'' (which went on sale in or around
August 2013), even though that ingredient was not present in the
product. Beginning in or around August 2013, Mr. Hebert, USP Labs, and
others working at USP Labs and S.K. Laboratories, did knowingly, and
with the intent to defraud and mislead, cause the shipment of a
misbranded food, namely the OxyElite Pro ``Advanced Formula'' dietary
supplement, in interstate commerce. Specifically, on or about October
4, 2013, with intent to defraud and mislead, Mr. Hebert caused the
shipment of misbranded OxyElite Pro ``Advanced Formula'' in interstate
commerce. The labeling for OxyElite Pro ``Advanced Formula'' falsely
declared cynanchum auriculatum (root) extract as an ingredient, when in
fact OxyElite Pro ``Advanced Formula'' contained imported cynanchum
auriculatum powder but no cynanchum auriculatum (root) extract.
    As a result of this conviction, FDA sent Mr. Hebert, by certified
mail on March 29, 2021, a notice proposing to debar him for a period of
5 years from importing articles of food or offering such articles for
import into the United States. The proposal was based on a finding
under section 306(b)(1)(C) of the FD&C Act that Mr. Hebert's felony
conviction of ``introduction of misbranded food into interstate
commerce with intent to defraud and mislead'' in violation of sections
301(a) and 303(a)(2) of the FD&C Act constitutes conduct relating to
the importation into the United States of an article of food because
Mr. Hebert caused the shipment of a misbranded food in interstate
commerce, and the food was misbranded because its labeling falsely
declared cynanchum auriculatum (root) extract as an ingredient, when in
fact the imported ingredient was cynanchum auriculatum powder, not
cynanchum auriculatum root extract.
    The proposal was also based on a determination, after consideration
of the relevant factors set forth in section 306(c)(3) of the FD&C Act,
that Mr. Hebert should be subject to a 5-year period of debarment. The
proposal also offered Mr. Hebert an opportunity to request a hearing,
providing Mr. Hebert 30 days from the date of receipt of the letter in
which to file the request, and advised Mr. Hebert that failure to
request a hearing constituted a waiver of the opportunity for a hearing
and of any contentions concerning this action. Mr. Hebert failed to
respond within the timeframe prescribed by regulation and has,
therefore, waived his opportunity for a hearing and waived any
contentions concerning his debarment (21 CFR part 12).

II. Findings and Order

    Therefore, the Assistant Commissioner, Office of Human and Animal
Food Operations, under section 306(b)(1)(C) of the FD&C Act, under
authority delegated to the Assistant Commissioner, finds that Mr.
Matthew Hebert has been convicted of a felony count under Federal law
for conduct relating to the importation into the United States of an
article of food and that he is subject to a 5 year period of debarment.
    As a result of the foregoing finding, Mr. Hebert is debarred for a
period of 5 years from importing articles of food or offering such
articles for import into the United States, effective (see DATES).
Pursuant to section 301(cc) of the FD&C Act, the importing or offering
for import into the United States of an article of food by, with the
assistance of, or at the direction of Matthew Hebert is a prohibited
act.
    Any application by Mr. Hebert for termination of debarment under
section 306(d)(1) of the FD&C Act should be identified with Docket No.
FDA-2020-N-2340 and sent to the Dockets Management Staff (see
ADDRESSES). The public availability of information in these submissions
is governed by 21 CFR 10.20(j).
    Publicly available submissions will be placed in the docket and
will be viewable at https://www.regulations.gov or at the Dockets
Management Staff (see ADDRESSES) between 9 a.m. and 4 p.m., Monday
through Friday,<PHONE_NUMBER>.

    Dated: July 23, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-16211 Filed 7-29-21; 8:45 am]
BILLING CODE 4164-01-P