[Federal Register: February 15, 2006 (Volume 71, Number 31)]
[Notices]
[Page 8018-8020]
[DOCID:fr15fe06-143]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53257; File No. SR-NASD-2006-014]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing and Order Granting Accelerated Approval
of a Proposed Rule Change and Amendment No. 1 Thereto To Modify the
Pricing for Non-Members Using Nasdaq's Brut and Inet Facilities

February 8, 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 January 30, 2006, the National Association of Securities Dealers,
Inc. (``NASD''), through its subsidiary, The Nasdaq Stock Market, Inc.
(``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 by Nasdaq. On February 1,
2006, Nasdaq submitted Amendment No. 1 to the proposed rule change.\3\
The Commission is publishing this notice to solicit comments on the
proposed rule change, as amended, from interested persons, and at the
same time is granting accelerated approval of the proposed rule change,
as amended.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Partial Amendment No. 1 clarifies that the proposed rule
change was approved by the Nasdaq Board of Directors on February 1,
2006 and not January 24, 2006.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq proposes to modify the pricing for non-members using
Nasdaq's Brut and Inet Facilities (``Nasdaq Facilities''). The filing
will apply to these non-members the same unified pricing schedule that
Nasdaq is instituting for members.\4\ Nasdaq requests approval to
implement the proposed rule change, as amended, retroactively as of
February 1, 2006.
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    \4\ SR-NASD-2006-013 (January 30, 2006).
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    The text of the proposed rule change, as amended, is below.
Proposed new language is in italics. Proposed deletions are in
[brackets].
* * * * *

7010. System Services

    (a)-(h) No change.
    (i) Nasdaq Market Center and Brut Facility Order Execution
    (1)-(6) No change.
    (7) The fees applicable to non-members using Nasdaq's Brut and Inet
Facilit[y]ies shall be the fees established for members under Rule
7010(i), as amended by SR-NASD-2005-019, SR-NASD-2005-035, SR-NASD-
2005-048, SR-NASD-2005-071, SR-NASD-2005-125, SR-NASD-2005-137, [and]
SR-NASD-2005-154, and SR-NASD-2006-013, and as applied to non-members
by SR-NASD-2005-020, SR-NASD-2005-038, SR-NASD-2005-049, SR-NASD-2005-
072, SR-NASD-2005-126, SR-NASD-2005-138, [and] SR-NASD-2005-155, and
SR-NASD-2006-014.
    (j)-(v) No change.
    (w) INET System Connectivity
    (1) No change.
    (2) The INET connectivity fees applicable to non-members [using
Nasdaq's INET Facility] shall be the fees established for members under
Rule 7010(w), as established by SR-NASD-2005-128 and amended by SR-
NASD-2005-147 and SR-NASD-2006-013, and as applied to non-members by
SR-NASD-2005-128, [and] SR-NASD-2005-148, and SR-NASD-2006-014.
* * * * *

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, as
amended, and discussed any comments it received on the proposed rule
change, as amended. The text of these statements may be examined at the
places specified in Item III 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 January 30, 2006, Nasdaq filed SR-NASD-2006-013 with the
Commission, establishing a new fee and

credit schedule (effective February 1, 2006) for order execution and
routing by NASD members that spans activity on the Nasdaq Market
Center, Brut, and Inet (the ``Nasdaq Facilities''). Nasdaq proposes to
establish that same fee and rebate structure for non-NASD members that
use Brut and Inet. Nasdaq is seeking accelerated approval of the non-
member fee and rebate structure as well as a retroactive effective date
of February 1, 2006.
    In SR-NASD-2005-128,\5\ Nasdaq's filing to establish rules for the
newly acquired Inet ECN, Nasdaq committed that it would, within 60 days
of the closing of the acquisition of Inet, file an integrated fee and
credit structure governing the use of all of the Nasdaq Facilities.
Nasdaq states that the fee and rebate structure is based on multiple
volume-based usage tiers that take into account the combined volume of
a market participant on all of the Nasdaq Facilities. Nasdaq believes
that this integrated and uniform pricing structure would encourage
activity on the Nasdaq Facilities and would not provide financial
incentives to use one system versus the other. Nasdaq states that this
non-member filing would ensure that both NASD members and non-NASD
member users will pay equivalent fees and receive equivalent credits
based on their trading activity and that the imposition of those fees
would have begun on the same February 1, 2006 start date.
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    \5\ Securities Exchange Act Release Nos. 52902 (December 7,
2005), 70 FR 73810 (December 13, 2005) (SR-NASD-2005-128) and 52723
(November 2, 2005), 70 FR 67513 (November 7, 2005) (SR-NASD-2005-
128).
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    Nasdaq states that NASD Rules 4901 and 4952 currently provide that
Brut and Inet will not be available to non-members after February 8,
2006. However, Nasdaq anticipates submitting an immediately effective
rule change to extend this date in a manner that would allow at least
some of Brut and Inet's current non-member broker-dealer subscribers to
continue using these systems during the transitional period prior to
the date on which The NASDAQ Stock Market LLC (``NASDAQ LLC'') begins
to operate as a national securities exchange (the ``Operational
Date'').\6\ The Commission-approved rules of NASDAQ LLC \7\ provide
that all users of the Nasdaq Facilities after the Operational Date must
be members of NASDAQ LLC, and Nasdaq is making all non-member
subscribers aware of the need to become members of NASDAQ LLC if they
wish to continue to use any of the Nasdaq Facilities after the
Operational Date.\8\ Nasdaq believes that this filing is necessary,
however, to ensure that non-members using Brut and Inet prior to the
Operational Date would be subject to the same fee structure as members,
regardless of the duration of their actual period of usage. Therefore,
Nasdaq believes that, even if the period of non-member usage is not
extended beyond February 8, 2006, this filing would be needed to
establish the fees and credits for non-members between February 1, 2006
and February 8, 2006.
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    \6\ Nasdaq filed this rule change on February 7, 2006 (SR-NASD-
2006-002).
    \7\ Securities Exchange Act Release No. 53128 (January 13,
2006), 71 FR 3350 (January 23, 2006) (File No. 10-131) (approving
registration of Nasdaq Stock Market LLC as a National Securities
Exchange).
    \8\ See Securities Exchange Act Release No. 53128 (January 13,
2006), 71 FR 3550 (January 23, 2006) (File No. 10-131).
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2. Statutory Basis
    Nasdaq believes that the proposed rule change, as amended, is
consistent with the provisions of section 15A of the Act,\9\ in
general, and with section 15A(b)(5) of the Act,\10\ in particular, in
that the proposed rule change, as amended, provides for the equitable
allocation of reasonable dues, fees, and other charges among members
and issuers and other persons using any facility or system which the
NASD operates or controls. The proposed rule change, as amended,
applies to non-members that use Brut and Inet a fee change that is
being implemented for NASD members that use the Nasdaq Facilities.
Accordingly, Nasdaq believes that the proposed rule change, as amended,
promotes an equitable allocation of fees between members and non-
members using Nasdaq's order execution facilities.
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    \9\ 15 U.S.C. 78o-3.
    \10\ 15 U.S.C. 78o-3(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Nasdaq does not believe that the proposed rule change, as amended,
will result in 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

    Nasdaq states that written comments were neither solicited nor
received.

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-NASD-2006-014 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-NASD-2006-014. 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 NASD. 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-NASD-2006-014 and should be submitted on or before March
8, 2006.

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

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a self-regulatory organization.\11\
Specifically, the Commission believes that the proposed

rule change, as amended, is consistent with section 15A(b)(5) of the
Act,\12\ which requires that the rules of the self-regulatory
organization provide for the equitable allocation of reasonable dues,
fees, and other charges among members and issuers and other persons
using any facilities or system which it operates or controls.
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    \11\ The Commission has considered the proposed rule's impact on
efficiency, competition and capital formation. 15 U.S.C. 78c(f).
    \12\ 15 U.S.C. 78o-3(b)(5).
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    The Commission notes that this proposal would retroactively modify
pricing for non-NASD members using the Nasdaq Facilities that would
permit the schedule for non-NASD members to mirror the schedule
applicable to NASD members that became effective February 1, 2006,
pursuant to SR-NASD-2006-013.
    The Commission finds good cause for approving the proposed rule
change, as amended, prior to the 30th day of the date of publication of
the notice thereof in the Federal Register. The Commission notes that
the proposed fees for non-NASD members are identical to those in SR-
NASD-2006-013, which implemented those fees for NASD members and which
became effective as of February 1, 2006. The Commission notes that this
change will promote consistency in Nasdaq's fee schedule by applying
the same pricing schedule with the same date of effectiveness for both
NASD members and non-NASD members. Therefore, the Commission finds that
there is good cause, consistent with section 19(b)(2) of the Act,\13\
to approve the proposed rule change, as amended, on an accelerated
basis.
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    \13\ 15 U.S.C. 78s(b)(2).
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V. Conclusion

    It is therefore ordered, pursuant to section 19(b)(2) of the
Act,\14\ that the proposed rule change, as amended, (File No. SR-NASD-
2006-014), is approved on an accelerated basis.
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    \14\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E6-2105 Filed 2-14-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Notices]
[Page 72501]
[FR Doc No: 2022-25766]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4676-DR; Docket ID FEMA-2022-0001]

Illinois; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Illinois (FEMA-4676-DR), dated October 14,
2022, and related determinations.

DATES: The declaration was issued October 14, 2022.

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

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

    I have determined that the damage in certain areas of the State
of Illinois resulting from a severe storm and flooding during the
period of July 25 to July 28, 2022, is of sufficient severity and
magnitude to warrant a major disaster declaration under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq. (the ``Stafford Act''). Therefore, I declare that such
a major disaster exists in the State of Illinois.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance and Hazard
Mitigation in the designated areas. Consistent with the requirement
that Federal assistance be supplemental, any Federal funds provided
under the Stafford Act for Hazard Mitigation and Other Needs
Assistance under section 408 will be limited to 75 percent of the
total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

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

    St. Clair County for Individual Assistance.
    St. Clair is eligible for assistance under the Hazard Mitigation
Grant Program.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-25766 Filed 11-23-22; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14103-14104]
[FR Doc No: 2016-05819]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0021; FRL-9943-18]

Pesticide Product Registration; Receipt of Applications for New
Active Ingredients

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received applications to register pesticide products
containing active ingredients not included in any currently registered
pesticide products. Pursuant to the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and
opportunity to comment on these applications.

DATES: Comments must be received on or before April 15, 2016.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the File Symbol of interest as shown in the body of
this document, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Robert McNally, Director,
Biopesticides and Pollution Prevention Division (BPPD) (7511P), main
telephone number:<PHONE_NUMBER>, email address<EMAIL_ADDRESS>
or Susan Lewis, Director, Registration Division (RD) (7505P), main
telephone number:<PHONE_NUMBER>, email address<EMAIL_ADDRESS>
The mailing address for each contact person is: Office of Pesticide
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001. As part of the mailing address, include the
contact person's name, division, and mail code. The division to contact
is listed at the end of each application summary.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

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

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in 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 preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Registration Applications

    EPA has received applications to register pesticide products
containing active ingredients not included in any currently registered
pesticide products. Pursuant to the provisions of FIFRA section 3(c)(4)
(7 U.S.C. 136a(c)(4)), EPA is hereby providing notice of receipt and
opportunity to comment on these applications. Notice of receipt of
these applications does not imply a decision by the Agency on these
applications.
    1. File Symbol: 8917-R. Docket ID number: EPA-HQ-OPP-2016-0036.
Applicant: J.R. Simplot Co., 5369 W. Irving St., Boise, ID 83706.
Product name: W8 Russet Burbank potato. Active ingredient: Plant-
incorporated protectant--Rpi-vnt1 Resistance Gene and VNT1 protein in
potato at 0.00001%. Proposed use: To confer resistance against late
blight is potato. Contact: BPPD.
    2. File Symbol: 8917-E. Docket ID number: EPA-HQ-OPP-2016-0036.
Applicant: J.R. Simplot Co., 5369 W. Irving St., Boise, ID 83706.
Product name: X17 Ranger Russet potato. Active ingredient: Plant-
incorporated protectant--Rpi-vnt1 Resistance Gene and VNT1 protein in
potato at 0.00001%. Proposed use: To confer resistance against late
blight is potato. Contact: BPPD.
    3. File Symbol: 8917-G. Docket ID number: EPA-HQ-OPP-2016-0036.
Applicant: J.R. Simplot Co., 5369 W. Irving St., Boise, ID 83706.
Product name: Y9 Atlantic potato. Active ingredient: Plant-incorporated
protectant--Rpi-vnt1 Resistance Gene and VNT1 protein in potato at
0.00001%. Proposed use: To confer resistance against late blight is
potato. Contact: BPPD.
    4. File Symbols: 11581-A and 11581-L. Docket ID number: EPA-HQ-OPP-
2015-0817. Applicant: OAT AGRIO CO., LTD., 1-3-1 Kanda Ogawa-machi,
Chiyoda-ku, Tokyo 101-0052, Japan. Active ingredient: Flutianil.
Product type: Fungicide. Proposed use: Apple, cantaloupe, cherry,
cucumber, grape; squash, and strawberry. Contact: RD.
    5. File Symbol: 56336-TR. Docket ID number: EPA-HQ-OPP-2016-0095.
Applicant: Suterra, LLC, 20950 NE Talus Place, Bend, OR 97701. Product
name: CheckMate CRS. Active ingredient: Arthropod Pheromone; California
Red Scale Pheromone, (3S, 6R) (3S, 6S)--3- Methyl-6-isopropenyl-9-
decen-1-yl acetate at 5.86%. Proposed use: Arthropod Pheromone for use
as an attractant and mating disruptor. Contact: BPPD.
    6. File Symbol: 56336-TN. Docket ID number: EPA-HQ-OPP-2016-0095.
Applicant: Suterra, LLC, 20950 NE Talus Place, Bend, OR 97701. Product
name: CheckMate CRS Technical Pheromone. Active ingredient: Arthropod
Pheromone; California Red Scale Pheromone, (3S, 6R) (3S, 6S)--3-
Methyl-6-isopropenyl-9-decen-1-yl acetate at 81.02%. Proposed use:
Arthropod Pheromone for use as an attractant and mating disruptor.
Contact: BPPD.
    7. File Symbol: 82074-I. Docket ID number: EPA-HQ-OPP-2016-0079.
Applicant: LAM International Corp., 117 South Parkmont, Butte, MT
59701. Product name: Purpureocillium lilacinum strain PL11 Technical.
Active ingredient: Nematocide--Purpureocillium lilacinum strain PL11 at
100.0%. Proposed use: For manufacturing of Purpureocillium lilacinum
strain PL11 pesticide products. Contact: BPPD.
    8. File Symbol: 82074-O. Docket ID number: EPA-HQ-OPP-2016-0079.
Applicant: LAM International Corp., 117 South Parkmont, Butte, MT
59701. Product name: Biostat WP. Active ingredient: Nematocide--
Purpureocillium lilacinum strain PL11 at 2.0%. Proposed use: For
control of certain plant-parasitic nematodes in soils and growth media.
Contact: BPPD.

    Authority: 7 U.S.C. 136 et seq.

    Dated: March 8, 2016.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2016-05819 Filed 3-15-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Rules and Regulations]
[Pages 59324-59327]
[FR Doc No: 2022-21186]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2021-0520; FRL-10174-01-OCSPP]

Propamocarb; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of
propamocarb in or on onion, bulb, crop subgroup 3-07A; leek; and kale.
Bayer Crop Science LP requested these tolerances under the Federal
Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective September 30, 2022. Objections and
requests for hearings must be received on or before November 29, 2022
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2021-0520, is available at
https://www.regulations.gov or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket) in the Environmental Protection
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg.,
Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room and the OPP Docket is<PHONE_NUMBER>. For the latest
status information on EPA/DC services, docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural

producer, food manufacturer, or pesticide manufacturer. The following
list of North American Industrial Classification System (NAICS) codes
is not intended to be exhaustive, but rather provides a guide to help
readers determine whether this document applies to them. Potentially
affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Office of the
Federal Register's e-CFR site at https://www.ecfr.gov/current/title-40.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2021-0520 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing and must be received by the Hearing Clerk on or before
November 29, 2022. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b), although the
Office of Administrative Law Judges encourages parties to file
electronically. See https://www.epa.gov/sites/default/files/2020-05/documents/2020-04-10_-_order_urging_electronic_service_and_filing.pdf.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2021-0520, by one of
the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/contacts.html. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at https://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of December 21, 2021 (86 FR 72200) (FRL-
8792-06-OCSPP), EPA issued a document pursuant to FFDCA section
408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide
petition (PP 0E8891) by Bayer Crop Science LP, 800 N Lindbergh Blvd.,
St Louis, MO 263167. The petition requested that 40 CFR 180.499 be
amended by establishing tolerances for residues of the fungicide
propamocarb, in or on onion, bulb, crop subgroup 3-07A at 2 parts per
million (ppm); leek at 30 ppm; and kale at 20 ppm. That document
referenced a summary of the petition prepared by Bayer Crop Science LP,
the registrant, which is available in the docket, https://www.regulations.gov. This supersedes the paragraph published in the
Federal Register on September 22, 2021 (86 FR 52624) (FRL-8792-03-
OCSPP). There were no comments received in response to either notice of
filing.

III. Aggregate Risk Assessment and Determination of Safety

A. Statutory Background

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for propamocarb including exposure
resulting from the tolerances established by this action. EPA's
assessment of exposures and risks associated with propamocarb follows.
    In an effort to streamline its publications in the Federal
Register, EPA is not reprinting sections of the rule that would repeat
what has been previously published in tolerance rulemakings for the
same pesticide chemical. Where scientific information concerning a
particular pesticide chemical remains unchanged, the content of those
sections would not vary between tolerance rulemakings and republishing
the same sections is unnecessary and duplicative. EPA considers
referral back to those sections as sufficient to provide an explanation
of the information EPA considered in making its safety determination
for the new rulemaking.
    EPA has previously published a number of tolerance rulemakings for
propamocarb, in which EPA concluded, based on the available
information, that there is a reasonable certainty that no harm would
result from aggregate exposure to propamocarb and established
tolerances for residues of that chemical. EPA is incorporating
previously published sections from those rulemakings as described
further in this rulemaking, as they remain unchanged.

B. Toxicological Profile

    For a summary of the Toxicological Profile of propamocarb, see Unit
III.A. of the December 5, 2019, rulemaking (84 FR 66616) (FRL-10000-
33).

C. Toxicological Points of Departure/Levels of Concern

    For a summary of the Toxicological Points of Departure/Levels of
Concern used for the risk assessment, see Unit III.B. of the February
7, 2017, rulemaking (82 FR 9519) (FRL-9957-68).

D. Exposure Assessment

    Much of the exposure assessment remains the same, although the
dietary exposure and risk assessments for propamocarb were updated.
These updates are discussed in this section; for a description of the
rest of EPA's approach to and assumptions for the exposure assessment,
see Unit III.C. of the December 5, 2019, rulemaking.
    EPA's dietary exposure assessments have been updated to include the
additional exposures to residues of propamocarb on imported commodities
of onion, bulb, crop subgroup 3-07A, leek and kale. The assessment used
the same assumptions as the December 5, 2019, rule concerning
tolerance-level residues, default, and empirical processing factors and
100% crop treated (PCT) for all commodities in both the acute and
chronic dietary exposure assessments.
    Drinking water, non-occupational, and cumulative exposures.
Drinking water and non-occupational exposures are not impacted by the
tolerances for imported commodities, and thus have not changed since
the last assessment. For a summary of the dietary exposures from
drinking water, see Unit III.C.2. of the December 5, 2019, rulemaking.
Propamocarb is registered for use on golf course turf resulting in
potential residential post-application dermal exposure. Because the
Agency has not identified a dermal endpoint, a quantitative residential
dermal exposure assessment was not necessary and was not conducted.
EPA's conclusions concerning cumulative risk remain unchanged from Unit
III.C.4. of the December 5, 2019, rulemaking.
    Safety factor for infants and children. EPA continues to conclude
that there is reliable data showing that the safety of infants and
children would be adequately protected if the Food Quality Protection
Act (FQPA) Safety Factor (SF) were reduced from 10X to 1X for all
exposure scenarios. The reasons for that decision are articulated in
Unit III.D in the December 5, 2019, rulemaking.
    Aggregate risks and Determination of safety. EPA determines whether
acute and chronic dietary pesticide exposures are safe by comparing
dietary exposure estimates to the acute population adjusted dose (aPAD)
and the chronic population adjusted dose (cPAD). Short-, intermediate-,
and chronic-term risks are evaluated by comparing the estimated
aggregate food, water, and residential exposure to the appropriate
points of departure to ensure that an adequate margin of exposure (MOE)
exists. For linear cancer risks, EPA calculates the lifetime
probability of acquiring cancer given the estimated aggregate exposure.
    Acute dietary risks are below the Agency's level of concern of 100%
of the aPAD; they are 42% of the aPAD for all infants, the most highly
exposed subpopulation. Chronic dietary risks are below the Agency's
level of concern of 100% of the cPAD; they are 54% of the cPAD for
females 13 to 49 years old, the most highly exposed subpopulation.
    Because no short-term or intermediate term adverse effect was
identified, propamocarb is not expected to pose a short-term or
intermediate-term risk.
    Additionally, based on the lack of evidence of carcinogenicity in
two adequate rodent carcinogenicity studies, propamocarb is not
expected to pose a cancer risk to humans. Therefore, based on the risk
assessments and information described above, EPA concludes there is a
reasonable certainty that no harm will result to the general
population, or to infants and children, from aggregate exposure to
propamocarb residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    For a discussion of the available analytical enforcement method,
see Unit IV.A. of the December 5, 2019, rulemaking.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has established MRLs for propamocarb in or on onion,
bulb, crop subgroup 3-07A at 2 ppm; leek at 30 ppm; and kale at 20 ppm.
The U.S. tolerances are harmonized with the relevant Codex MRLs.

V. Conclusion

    Therefore, tolerances are established for residues of propamocarb
in or on onion, bulb, crop subgroup 3-07A at 2 ppm; leek at 30 ppm; and
kale at 20 ppm.

VI. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 408(d) in
response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001), or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994). Since
tolerances and exemptions that are established on the basis of a
petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
Tribal Governments, on the relationship between the National Government
and the States or Tribal Governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian Tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999), and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000), do not apply to this action. In

addition, this action does not impose any enforceable duty or contain
any unfunded mandate as described under Title II of the Unfunded
Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.). This action does
not involve any technical standards that would require Agency
consideration of voluntary consensus standards pursuant to section
12(d) of the National Technology Transfer and Advancement Act (NTTAA)
(15 U.S.C. 272 note).

VII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: September 15, 2022.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR chapter I as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.499, amend Table 1 to Paragraph (a) by adding in
alphabetical order the entries ``Kale'', ``Leek'', and ``Onion, bulb,
crop subgroup 3-07A'' and footnote 1 to read as follows:

Sec.  180.499  Propamocarb; tolerances for residues.

    (a) * * *

                        Table 1 to Paragraph (A)
------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------

                                * * * * *
 Kale\1\...................................................           20

                                * * * * *
Leek \1\...................................................           30
Onion, bulb, crop subgroup 3-07A \1\.......................            2

                               * * * * *
------------------------------------------------------------------------
\1\ There are no U.S. registrations for these commodities as of
  September 30, 2022.

* * * * *

[FR Doc. 2022-21186 Filed 9-29-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Notices]
[Pages 30297-30298]
[FR Doc No: 2016-11521]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP16-930-000.
    Applicants: Enable Mississippi River Transmission, L.
    Description: Section 4(d) Rate Filing: Negotiated Rate Filing to
Amend LER 5680's Attachment A_5_5_16 to be effective 5/5/2016.
    Filed Date: 5/5/16.
    Accession Number: 20160505-5154.
    Comments Due: 5 p.m. ET 5/17/16.

    Docket Numbers: RP16-931-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Section 4(d) Rate Filing: Housekeeping Matters to be
effective 6/6/2016.
    Filed Date: 5/6/16.
    Accession Number: 20160506-5042.
    Comments Due: 5 p.m. ET 5/18/16.

    Docket Numbers: RP16-932-000.
    Applicants: Ozark Gas Transmission, L.L.C.
    Description: Section 4(d) Rate Filing: OGT May 2016 Cleanup Filing
to be effective 6/6/2016.
    Filed Date: 5/6/16.
    Accession Number: 20160506-5057.
    Comments Due: 5 p.m. ET 5/18/16.

    Docket Numbers: RP16-933-000.
    Applicants: Dominion Cove Point LNG, LP.
    Description: Section 4(d) Rate Filing: DCP--May 6, 2016
Administrative Changes to be effective 6/6/2016.
    Filed Date: 5/6/16.
    Accession Number: 20160506-5163.
    Comments Due: 5 p.m. ET 5/18/16.

    Docket Numbers: RP16-934-000.
    Applicants: Dominion Transmission, Inc.
    Description: Section 4(d) Rate Filing: DTI--May 6, 2016
Administrative Changes to be effective 6/6/2016.
    Filed Date: 5/6/16.
    Accession Number: 20160506-5170.
    Comments Due: 5 p.m. ET 5/18/16.

    Docket Numbers: RP16-935-000.
    Applicants: Dominion Transmission, Inc.
    Description: Section 4(d) Rate Filing: DTI--May 6, 2016 Negotiated
Rate Agreements to be effective 6/1/2016.
    Filed Date: 5/6/16.
    Accession Number: 20160506-5173.
    Comments Due: 5 p.m. ET 5/18/16.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP16-929-001.

    Applicants: Maritimes & Northeast Pipeline, L.L.C.
    Description: Tariff Amendment: Amendment to RP16-929-000 Filing to
be effective 6/5/2016.
    Filed Date: 5/6/16.
    Accession Number: 20160506-5149.
    Comments Due: 5 p.m. ET 5/18/16.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 9, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-11521 Filed 5-13-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 78 (Monday, April 23, 2012)]
[Rules and Regulations]
[Page 24137]
[FR Doc No: 2012-9576]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1324; Directorate Identifier 2011-NM-104-AD;
Amendment 39-16983; AD 2012-06-02]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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

SUMMARY: The FAA is correcting an airworthiness directive (AD) that
published in the Federal Register. That AD applies to all Airbus Model
A300 B4-600, B4-600R, and F4-600R series airplanes, Model A300 C4-605R
Variant F airplanes (collectively called A300-600 series airplanes),
and Model A310 series airplanes. The agency docket number specified
throughout the final rule is incorrect. This document corrects that
error. In all other respects, the original document remains the same.

DATES: This final rule is effective April 25, 2012.

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: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Airworthiness Directive (AD) 2012-06-02,
Amendment 39-16983 (77 FR 16430, March 21, 2012), currently requires
replacing a certain aluminum high pressure pipe with a new corrosion
resistant stainless steel pipe, for all Airbus Model A300 B4-600, B4-
600R, and F4-600R series airplanes, Model A300 C4-605R Variant F
airplanes (collectively called A300-600 series airplanes), and Model
A310 series airplanes.
    As published, the agency docket number specified throughout the AD
is incorrect.
    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 April 25, 2012.

Correction of Non-Regulatory Text

    In the Federal Register of March 21, 2012, AD 2012-06-02, Amendment
39-16983 (77 FR 16430), is corrected as follows:
    On page 16430, in the second column, change the docket number to
read as follows:

    ``[Docket No. FAA-2011-1324; Directorate Identifier 2011-NM-104-
AD; Amendment 39-16983; AD 2012-06-02]''

Correction of Regulatory Text

Sec.  39.13  [Corrected]

0
In the Federal Register of March 21, 2012, AD 2012-06-02, Amendment 39-
16983 (77 FR 16430), on page 16431, in the third column, the product
identification line of AD 2012-06-02 is corrected to read as follows:
* * * * *
2012-06-02 Airbus: Amendment 39-16983, Docket No. FAA-2011-1324;
Directorate Identifier 2011-NM-104-AD.
* * * * *

    Issued in Renton, Washington, on April 13, 2012.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-9576 Filed 4-20-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Notices]
[Pages 56110-56111]
[FR Doc No: 2017-25517]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0203; FMCSA-2011-0389; FMCSA-2012-0050; FMCSA-
2012-0294; FMCSA-2012-0094; FMCSA-2014-0382; FMCSA-2015-0116; FMCSA-
2015-0117]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

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

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

SUMMARY: FMCSA announces its decision to renew exemptions for 10
individuals from the requirement in the Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV)
drivers have ``no established medical history or clinical diagnosis of
epilepsy or any other condition which is likely to cause loss of
consciousness or any loss of ability to control a CMV.'' The exemptions
enable these individuals who have had one or more seizures and are
taking anti-seizure medication to continue to operate CMVs in
interstate commerce.

DATES: The exemptions were applicable on August 13, 2017. The
exemptions expire on August 13, 2019. Comments must be received on or
before December 27, 2017.

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

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2010-0203; FMCSA-2011-0389;
FMCSA-2012-0050; FMCSA-2012-0294; FMCSA-2012-0094; FMCSA-2014-0382;
FMCSA-2015-0116; FMCSA-2015-0117 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day ET,
365 days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for five years if it finds ``such exemption would likely achieve a
level of safety that is equivalent to or greater than the level that
would be achieved absent such exemption.'' The statute also allows the
Agency to renew exemptions at the end of the five-year period. FMCSA
grants exemptions from the FMCSRs for a two-year period to align with
the maximum duration of a driver's medical certification.
    The physical qualification standard for drivers regarding epilepsy
found in 49 CFR 391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria to assist Medical Examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs
3, 4, and 5.]
    The 10 individuals listed in this notice have requested renewal of
their exemptions from the epilepsy and seizure disorders prohibition in
49 CFR 391.41(b)(8), in accordance with FMCSA procedures. Accordingly,
FMCSA has evaluated these applications for renewal on their merits and
decided to extend each exemption for a renewable two-year period.

II. Request for Comments

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

III. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315, each of the 10
applicants has satisfied the renewal conditions for obtaining an
exemption from the epilepsy and seizure disorders prohibition. The 10
drivers in this notice remain in good standing with the Agency, have
maintained their medical monitoring and have not exhibited any medical
issues that would compromise their ability to safely operate a CMV
during the previous two-year exemption period. In addition, for
Commercial Driver's License (CDL) holders, the Commercial Driver's
License Information System (CDLIS) and the Motor Carrier Management
Information System (MCMIS) are searched for crash and violation data.
For non-CDL holders, the Agency reviews the driving records from the
State Driver's Licensing Agency (SDLA). These factors provide an
adequate basis for predicting each driver's ability to continue to
safely operate a CMV in interstate commerce. Therefore, FMCSA concludes
that extending the exemption for each renewal applicant for a period of
two years is likely to achieve a level of safety equal to that existing
without the exemption.
    As of August 13, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 10 individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers:

Eric J. Barnwell (MI)
John W. Boerth (WI)
Don C. Darbyshire (IA)
Todd A. Davis (WI)
Daniel Dellaserra (CA)
Charles T. Gray(OK)
Eric A. Hilmer (WI)
David Kietzman (WI)
Dennis Klamm (MN)
Brian J. Wiggins (ID)

    The drivers were included in docket number FMCSA-2010-0203; FMCSA-
2011-0389; FMCSA-2012-0050; FMCSA-2012-0294; FMCSA-2012-0094; FMCSA-
2014-0382; FMCSA-2015-0116; FMCSA-2015-0117. Their exemptions are
applicable as of August 13, 2017, and will expire on August 13, 2019.

IV. Conditions and Requirements

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

V. Preemption

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

VI. Conclusion

    Based upon its evaluation of the 10 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the epilepsy
and seizure disorders prohibition in 49 CFR 391.41(b)(8). In accordance
with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two
years unless revoked earlier by FMCSA.

    Issued on: November 17, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-25517 Filed 11-24-17; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: April 24, 2006 (Volume 71, Number 78)]
[Notices]
[Page 21053-21055]
[DOCID:fr24ap06-101]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53657; File No. SR-Amex-2006-32]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Commentary .10 to Amex Rule 958 and Commentary .09 to Amex
Rule 958-ANTE

April 14, 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 April 11, 2006, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the self-regulatory
organization. Amex filed this proposal pursuant to section 19(b)(3)(A)
of the Act \3\ and Rule 19b-4(f)(6) thereunder \4\ as non-
controversial, and therefore the proposed rule change is effective
immediately upon filing. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(l).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes to revise Commentary .10 of Amex Rule 958 and
Commentary .09 to Amex Rule 958-ANTE. The text of the proposed rule
change is available on the Amex's Web site at http://www.amex.com, the

Office of the Secretary, the Amex, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The purpose of the proposal is to provide that transactions on the
Exchange floor in Partnership Units (``Units'') pursuant to Amex Rule
1500 et seq. are subject to Commentary .10 of Amex Rule 958 and
Commentary .09 to Amex Rule 958-ANTE (``Commentaries''). Currently, the
Commentaries provide that transactions in index warrants, currency
warrants, securities listed pursuant to section 107 of the Amex Guide,
trust issued receipts listed pursuant to Amex Rules 1200 et seq.
(``Trust Issued Receipts''), and derivative products are subject to
Amex Rules 958 and 958-ANTE. A ``derivative product'' is defined in
Article I, section 3(d) of the Amex Constitution to include, in
addition to standardized options, securities which are issued by the
Options Clearing Corporation or another limited purpose entity or
trust, and which are based solely on the performance of an index or
portfolio of other publicly traded securities. A derivative product
does not include warrants of any type or closed-end management
investment companies. Portfolio Depository Receipts or Index Fund
Shares are derivative products consistent with Article I, section 3(d)
of the Amex Constitution.
    The Commentaries further provide that these transactions may only
be effected by registered traders (``Registered Traders'') who are
regular members of the Exchange. A Registered Trader who is logged onto
Auto-Ex may only sign onto Auto-Ex for Portfolio Depository Receipts,
Index Fund Shares, and Trust Issued Receipts (collectively ``ETFs'')
traded on the same or contiguous panels, i.e., ETFs traded by two
adjoining Specialists or ETFs traded by the same Specialist for a
maximum of three panels. Amex also proposes to include Units as an ETF
for the purposes of this contiguous panel requirement. The Exchange
solely seeks to provide clarity akin to the trading of ETFs. As a
result, the Exchange proposes that Registered Traders may participate
in the trading of Units consistent with the Commentaries.
2. Statutory Basis
    The proposed rule change is consistent with section 6(b) of the
Act,\5\ in general, and furthers the objectives of section 6(b)(5) of
the Act,\6\ in particular, in that it is designed to prevent fraudulent
and manipulative acts and practices, promote just and equitable
principles of trade, remove impediments to and perfect the mechanisms
of a free and open market and a national market system, and, in
general, protect investors and the public interest.
---------------------------------------------------------------------------

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

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

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

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

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

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

    The foregoing rule change has become immediately effective pursuant
to section 19(b)(3)(A) \7\ of the Act and Rule 19b-4(f)(6) \8\
thereunder because: (i) It does not significantly affect the protection
of investors or the public interest; (ii) it does not impose any
significant burden on competition; and (iii) by its terms, it does not
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate if consistent with the
protection of investors and the public interest; provided that the
Exchange has given the Commission notice of its intent to file the
proposed rule change, along with a brief description and text of 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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    Amex has requested that the Commission waive the 5-day pre-filing
notice requirement and the 30-day operative delay of the proposal. The
Commission believes that the waiver of the 5-day pre-filing requirement
and the 30-day operative delay is consistent with the protection of
investors and the public interest, because the waiver would allow Amex
to immediately implement trading rules governing Units listed pursuant
to Amex Rule 1500 et seq. that are identical to the trading rules for
other ETFs traded on the Exchange. For this reason, the Commission
designates the proposal effective and operative upon filing with the
Commission.\9\
---------------------------------------------------------------------------

    \9\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    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 proposal is
consistent with the Act. Comments may be submitted by any of the
following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Amex-2006-32 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-Amex-2006-32. 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 changes 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 will also be available for inspection and copying at the
principal office of Amex. 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-
Amex-2006-32 and should be submitted on or before May 15, 2006.
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\10\
Nancy M. Morris,
Secretary.
[FR Doc. E6-6039 Filed 4-21-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 79, Number 195 (Wednesday, October 8, 2014)]
[Notices]
[Pages 60853-60854]
[FR Doc No: 2014-23972]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-D-1411]

The Effect of Uniform National Policy on Drug Product Tracing and
Wholesale Drug Distributor and Third-Party Logistics Provider
Standards: Questions and Answers; Draft Guidance for Industry;
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a draft guidance for industry entitled ``The Effect of
Section 585 of the FD&C Act on Drug Product Tracing and Wholesale Drug
Distributor and Third-Party Logistics Provider Licensing Standards and
Requirements: Questions and Answers.'' FDA is issuing these questions
and answers to assist industry and State governments in understanding
the effects of section 585 (Uniform National Policy) of the Federal
Food, Drug, and Cosmetic Act (FD&C Act) added by Title II of the Drug
Quality and Security Act (DQSA), which was enacted on November 27,
2013, on State product tracing requirements and on standards,
requirements, and regulations with respect to wholesale distributor and
third-party logistics provider (3PL) licensing. Title II is also
referred to as the Drug Supply Chain Security Act (DSCSA).

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit written or electronic comments on the draft guidance
by December 8, 2014.

ADDRESSES: Submit written requests for single copies of the draft
guidance to the Division of Drug Information, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 2201, Silver Spring, MD 20993-0002; or
the Office of Communication, Outreach and Development, Center for
Biologics Evaluation and Research, Food and Drug Administration, 10903
New

Hampshire Ave., Silver Spring, MD 20993-0002. Send one self-addressed
adhesive label to assist that office in processing your requests. See
the SUPPLEMENTARY INFORMATION section for electronic access to the
draft guidance document.
    Submit electronic comments on the draft guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Office of Compliance, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Silver Spring, MD 20993-0002,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``The Effect of Section 585 of the FD&C Act on Drug Product
Tracing and Wholesale Drug Distributor and Third-Party Logistics
Provider Licensing Standards and Requirements: Questions and Answers.''
On November 27, 2013, the DSCSA (Title II of Pub. L.113-54) was signed
into law. The DSCSA outlines critical steps to build an electronic,
interoperable system to identify and trace certain prescription drugs
as they are distributed in the United States. The DSCSA adds sections
581 through 585 as Subchapter H of the FD&C Act. These sections
establish definitions (section 581), requirements for supply chain
participants (section 582), standards for and licensing of wholesale
drug distributors (section 583) and 3PL providers (section 584), and a
Uniform National Policy (section 585).
    The DSCSA establishes a Federal system for tracing prescription
drug products through the pharmaceutical distribution supply chain and
requires trading partners to provide, receive, and maintain certain
product and distribution information. The DSCSA also requires FDA to
establish Federal standards for licensing of wholesale drug
distributors and 3PL providers. Section 585 of the FD&C Act sets forth
a Uniform National Policy, preempting States and political subdivisions
of states from establishing or continuing in effect certain standards
and requirements. FDA is issuing this guidance to: (1) Help industry
and States understand the immediate effects of the law and (2) clarify
section 585's effect on State product tracing requirements and on
standards, requirements, and regulations with respect to wholesale
distributor and 3PL licensing.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the Agency's current thinking on the effect
of section 585 of the FD&C Act on drug product tracing and wholesale
drug distributor and 3PL provider licensing and requirements. It does
not create or confer any rights for or on any person and does not
operate to bind FDA or the public. An alternative approach may be used
if such approach satisfies the requirements of the applicable statutes
and regulations.

III. Comments

    Interested persons may submit either electronic comments regarding
this document to http://www.regulations.gov or written comments to the
Division of Dockets Management (see ADDRESSES). It is only necessary to
send one set of comments. Identify comments with the docket number
found in brackets in the heading of this document. Received comments
may be seen in the Division of Dockets Management between 9 a.m. and 4
p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

IV. Electronic Access

    Persons with access to the Internet may obtain the document at
http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, http://www.fda.gov/biologicsbloodvaccines/guidancecomplianceregulatoryinformation/default.htm, or http://www.regulations.gov.

    Dated: October 1, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-23972 Filed 10-7-14; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Notices]
[Pages 40379-40381]
[FR Doc No: 2016-14557]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78076; File No. SR-NYSEARCA-2016-86]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE
Arca Options Fee Schedule

June 15, 2016.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on June 6, 2016, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 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 amend the NYSE Arca Options Fee Schedule.
The proposed rule change is available on the Exchange's Web site at
www.nyse.com, 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 self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The purpose of this filing is to amend the Fee Schedule to
introduce a new alternative for qualifying for the Customer and
Professional Customer Incentive Program, as described below. The
Exchange proposes to implement the fee change effective June 6, 2016.
    The Exchange is proposing to introduce a new tier to the Incentive
Program, which provides OTP Holders and OTP Firms (collectively,
``OTPs'') several alternatives to earn additional posting credits
ranging from $0.01 to $0.05. Specifically, the Exchange proposes to add
a new alternative that would enable OTPs to earn a $0.03 credit if they
achieve at least 1.50% of Total Industry Customer equity and ETF option
ADV (``TCADV'') from Customer and Professional Customer Posted Orders
in both Penny Pilot and non-Penny Pilot Issues, Plus Executed ADV of
0.10% of U.S. Equity Market Share Posted and Executed on NYSE Arca
Equity Market. The Exchange believes this new credit would provide
additional incentive to direct Customer and Professional Customer order
flow to the Exchange, which benefits all market

participants through increased liquidity and enhanced price discovery.
Moreover, the Exchange believes that the proposed new alternative to
qualify for the Customer Incentive Program is reasonable because it is
designed to continue to bring additional posted order flow to NYSE Arca
Equities, so as to provide additional opportunities for all ETP Holders
to trade on NYSE Arca Equities.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with section 6(b) of the Act,\4\ in general, and furthers the
objectives of sections 6(b)(4) and (5) of the Act,\5\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange also believes that the proposed new alternative to the
Incentive Program is reasonable, equitable, and not unfairly
discriminatory because the incentive would be available to all OTPs
that execute posted Customer and Professional Customer orders on the
Exchange on an equal and non-discriminatory basis, in particular
because it provides alternative means of achieving a posting credit.
The Exchange believes that providing methods for achieving the credits
based on posted Customer and Professional Customer Executions in both
Penny Pilot and non-Penny Pilot issues is equitable and not unfairly
discriminatory because it would continue to result in more OTPs
qualifying for the credits and therefore reducing their overall
transaction costs on the Exchange. Moreover, the Exchange believes the
proposed modification would provide an additional incentive for OTPs to
direct Customer and Professional Customer order flow to the Exchange,
which benefits all market participants through increased liquidity and
enhanced price discovery.
    Furthermore, the Exchange also believes that the proposed
modification that relates to executed ADV of 0.10% of U.S. Equity
Market Share Posted and Executed on NYSE Arca Equity Market is
equitable and not unfairly discriminatory because it is designed to
bring additional order flow to NYSE Arca Equities, which increases
liquidity on NYSE Arca Equities to the benefit of its market
participants.
For these reasons, the Exchange believes that the proposal is
consistent with the Act.

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

    In accordance with section 6(b)(8) of the Act,\6\ the Exchange does
not believe that the proposed rule change will impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, the Exchange believes that the proposed
change would continue to encourage competition by attracting additional
liquidity to the Exchange, which would continue to make the Exchange a
more competitive venue for, among other things, order execution and
price discovery. The Exchange does not believe that the proposed change
will impair the ability of any market participants or competing order
execution venues to maintain their competitive standing in the
financial markets. Further, the proposed alternative credit under the
Incentive Program would provide OTP Holders and OTP Firms an additional
means of achieving a credit and, likewise, may allow those OTP Holders
and OTP Firms that, to date, have been unable to achieve a credit under
the Incentive Program to achieve the proposed credit.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues. In
such an environment, the Exchange must continually review, and consider
adjusting, its fees and credits to remain competitive with other
exchanges. For the reasons described above, the Exchange believes that
the proposed rule change reflects this competitive environment.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
section 19(b)(3)(A) \7\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \8\ thereunder, because it establishes a due, fee, or other charge
imposed by the Exchange.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
section 19(b)(2)(B) \9\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEARCA-2016-86 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-NYSEARCA-2016-86. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of

10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEARCA-2016-86 and should
be submitted on or before July 12, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-14557 Filed 6-20-16; 8:45 am]
 BILLING CODE 8011-01-P