[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Notices]
[Pages 57188-57189]
[FR Doc No: 2021-22413]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4614-DR; Docket ID FEMA-2021-0001]

New Jersey; 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 New Jersey (FEMA-4614-DR), dated September 5,
2021, and related determinations.

DATES: The declaration was issued September 5, 2021.

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 September 5, 2021, 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 New Jersey resulting from the remnants of Hurricane Ida during
the period of September 1 to September 3, 2021, 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 New Jersey.
    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 Public
Assistance in the designated areas and Hazard Mitigation throughout
the State. Consistent with the requirement that Federal assistance
be supplemental, any Federal funds provided under the Stafford Act
for Public Assistance, 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, Patrick Cornbill, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of New Jersey have been designated
as adversely affected by this major disaster:

    Bergen, Gloucester, Hunterdon, Middlesex, Passaic, and Somerset
Counties for Individual Assistance.
    Bergen, Gloucester, Hunterdon, Middlesex, Passaic, and Somerset
Counties for Public Assistance.
    All areas within the State of New Jersey are 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. 2021-22413 Filed 10-13-21; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 86, Number 177 (Thursday, September 16, 2021)]
[Notices]
[Pages 51700-51704]
[FR Doc No: 2021-19968]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92932; File No. SR-FINRA-2021-014]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Order Granting Approval of a Proposed Rule Change
Relating to Members' Filing Requirements Under FINRA Rule 6432
(Compliance With the Information Requirements of SEA Rule 15c2-11)

September 10, 2021.

I. Introduction

    On June 9, 2021, the Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'' or ``Exchange Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to amend member firms' filing
requirements under FINRA Rule 6432 (Compliance with the Information
Requirements of SEA Rule 15c2-11). The proposed rule change was
published for comment in the Federal Register on June 15, 2021.\3\ The
Commission received one comment letter regarding the proposed rule

change,\4\ and a response to the comment from FINRA.\5\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Exchange Act Release No. 92139 (June 9, 2021), 86 FR
31774 (June 15, 2021) (``Notice). Comments on the proposed rule
change can be found at: https://www.sec.gov/comments/sr-finra-2021-014/srfinra2021014.htm.
    \4\ Letter from OTC Link LLC to SEC (July 6, 2021) (``OTC Link
Letter'').
    \5\ See Letter from Robert McNamee to Vanessa Countryman (August
4, 2001) (``FINRA Response'').
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II. Summary of the Proposal

    As further described below, in light of the Commission's recent
amendments to Rule 15c2-11 under the Exchange Act,\6\ FINRA proposes to
amend members' filing requirements under FINRA Rule 6432 (Compliance
with the Information Requirements of SEA Rule 15c2-11), including (i)
the addition of a requirement that a qualified inter-dealer quotation
system (``Qualified IDQS'') \7\ submit a modified Form 211 filing to
FINRA in connection with each initial information review that it
conducts; (ii) the addition of a requirement that a Qualified IDQS that
makes a certain publicly available determination under Rule 15c2-11
submit a daily security file to FINRA containing applicable summary
information for all securities quoted on its system; and (iii) other
changes to FINRA Rule 6432 and the Form 211 to further clarify the
operation of the rule and conform it to amended Rule 15c2-11.
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    \6\ Rule 15c2-11 specifies key, basic issuer information that
must be obtained and reviewed before a broker-dealer may initiate
(or resume) quotations for a security in a market other than a
national securities exchange, subject to exception. On October 27,
2020, the Commission published in the Federal Register amendments to
Rule 15c2-11. See Exchange Act Release No. 89891 (Sept. 16, 2020),
85 FR 68124 (Oct. 27, 2020) (``Rule 15c2-11 Adopting Release'').
Among the amendments to Rule 15c2-11 are those to permit broker-
dealers to publish quotations in reliance on a qualified interdealer
quotation system's publicly available determination that it complied
with the rule's information review requirement, see 17 CFR 240.15c2-
11(a)(1)(ii), as well as those that provide certain requirements in
order for the qualified interdealer quotation system to make such a
publicly available determination, see 17 CFR 240.15c2-11(a)(2)(i)
through (iv). In addition, the amendments allow broker-dealers to
publish quotations in reliance on a qualified interdealer quotation
system's publicly available determination that certain exceptions
apply, see 17 CFR 240.15c2-11(f)(7), and to rely on a publicly
available determination as to whether certain issuer information is
current and publicly available, see 17 CFR 240.15c2-
11(f)(2)(iii)(B), (f)(3)(ii)(A). The amendments set forth certain
policies and procedures requirements in order for the qualified
interdealer quotation system to make any such publicly available
determination. See 17 CFR 240.15c2-11(a)(3).
    \7\ As discussed below in Part II.C, FINRA proposes to define in
FINRA Rule 6432(g) the term ``qualified inter-dealer quotation
system'' as ``any interdealer quotation system that meets the
definition of an `alternative trading system' under [Rule] 300(a) of
[Regulation ATS] and operates pursuant to the exemption from the
definition of an `exchange' under [Rule] 3a1-1(a)(2) of [the
Exchange Act].'' This definition would track the Commission's
definition of the term ``qualified interdealer quotation system'' in
Exchange Act Rule 15c2-11. See 17 CFR 240.15c2-11(e)(6).
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    FINRA states that, if the proposed rule changes are approved by the
Commission, FINRA will publish a Regulatory Notice with technical
details on the revised standard Form 211, modified Form 211, and daily
file submission process.\8\ In addition, FINRA states that the
effective date of any such rule changes would be the same date as the
general compliance date of the Commission's amendments to Rule 15c2-11
(except for paragraph (b)(5)(i)(M) of Rule 15c2-11),\9\ including any
extensions to such compliance date.
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    \8\ See Notice, supra note 3, at 31775 n.16.
    \9\ See Rule 15c2-11 Adopting Release, supra note 6 at 68172.
The compliance date for the amendments to Rule 15c2-11 (except for
provisions involving paragraph (b)(5)(i)(M)) is September 28, 2021.
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A. Proposed Modified Form 211 Submission Requirement

    FINRA Rule 6432 sets forth the standards applicable to member firms
quoting equity securities for demonstrating compliance with Rule 15c2-
11 under the Exchange Act, unless an exception or exemption is
available. Under FINRA Rule 6432, no member may publish quotations for
a non-exchange-listed security \10\ in a quotation medium unless the
member has demonstrated compliance with FINRA Rule 6432 and the
applicable requirements for information maintenance under Rule 15c2-11
by making a filing with, and in the form required by, FINRA (i.e., the
Form 211). FINRA states that it uses the Form 211 in connection with
its oversight of member compliance with Rule 15c2-11.\11\ FINRA also
states that the Form 211 is designed to gather pertinent information
regarding the subject issuer and its security, the member's knowledge
of and relationship to the issuer, and the member's intended quotation
activities with respect to the security.\12\
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    \10\ The term ``non-exchange-listed security'' is defined in
FINRA Rule 6432(e) as any equity security, other than a Restricted
Equity Security, that is not traded on any national securities
exchange. A ``Restricted Equity Security'' means any equity security
that meets the definition of ``restricted security'' contained in
Rule 144(a)(3) under the Securities Act of 1933. See 17 CFR 230.144.
    \11\ See Notice, supra note 3, at 31775.
    \12\ See id.
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    To account for the new role of a Qualified IDQS resulting from the
amendments to Rule 15c2-11,\13\ FINRA proposes to amend FINRA Rule 6432
by adding a new provision to establish an after-the-fact filing
requirement for a Qualified IDQS that performs an initial review under
Rule 15c2-11(a)(2). This new filing requirement would supplement
FINRA's existing standard Form 211 review process for quoting broker-
dealer members, which would continue to apply where a broker-dealer is
not relying on a Qualified IDQS's publicly available determination with
respect to an initial review of issuer information.\14\
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    \13\ See supra note 6.
    \14\ See Notice, supra note 3, at 31775. A quoting broker-dealer
member relying on a Qualified IDQS would not be required to
separately submit any sort of Form 211 in connection with the
publication of its initial quotation pursuant to Rule 15c2-
11(a)(1)(ii). See id., at 31775 n.19. FINRA states that permitting
quoting members to rely on a Qualified IDQS's publicly available
determination to initiate quotations in a security is consistent
with the Commission's goals to reduce burdens on broker-dealers
while maintaining investor protection. See id., at 31776.
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    FINRA states its belief that requiring a Qualified IDQS to submit a
modified Form 211 is appropriate because the submission would provide
FINRA with information with which to perform oversight of a Qualified
IDQS's compliance with Rule 15c2-11's requirements for an initial
information review, without involving any additional delay for FINRA to
review and process the form prior to members being permitted to
initiate quotations in reliance on the Qualified IDQS's publicly
available determination.\15\ In addition, FINRA states that the
modified Form 211 requirement, together with the required submission of
the daily file, as discussed below in Part II.B, would make a focused,
after-the-fact review more manageable and able to be accomplished in a
shorter period of time.\16\
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    \15\ See id., at 31775. Broker-dealers must initiate their
quotations in reliance on any such publicly available determination
within three business days after the publicly available
determination is made. See 17 CFR 240.15c2-11(a)(1)(ii)(B).
    \16\ See Notice, supra note 3, at 31776.
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    Under the proposed provision, a Qualified IDQS must demonstrate
compliance with Rule 15c2-11 by making a filing with, and in the form
required by FINRA, no later than 6:30:00 p.m. Eastern Time on the
business day following the Qualified IDQS's publicly available
determination under Rule 15c2-11(a)(2) (i.e., a ``modified Form 211''
filing). Like the standard Form 211, the modified Form 211 would
contain requests for the items of information specified in Rule 15c2-
11(b) with respect to the type of issuer involved.\17\ In addition, as

discussed in Part II.C below, the modified Form 211, like the standard
Form 211, must be reviewed and signed by a principal of the Qualified
IDQS, who must certify, among other things, that neither the firm nor
its associated persons have accepted or will accept any payment or
other consideration prohibited by FINRA Rule 5250 for filing the Form
211.\18\
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    \17\ FINRA proposes several technical, non-substantive changes
to update cross-references to the renumbered and re-lettered
provisions of Rule 15c2-11 in light of the amendments. FINRA states
that both the modified and standard Form 211 would conform to the
Commission's amendments to Rule 15c2-11, as applicable. See id., at
31776 n.20. In addition, in light of the addition of the modified
Form 211 provision in FINRA Rule 6432(b), FINRA is re-letting all
FINRA Rule 6432 paragraphs that follow that provision. Finally,
FINRA proposes a technical, non-substantive change to correct FINRA
Rule 6432.01 to read ``.01'' rather than ``01.'' per FINRA rulebook
style. See id., at 31776.
    \18\ See id.; Regulatory Notice 14-26 (June 2014) (stating that
the ``Rule 5250 prohibition on receiving payments for market making
includes within its scope the receipt of payments for submitting a
Form 211 to FINRA pursuant to Rule 6432''); see also FINRA Rule 5250
(Payments for Market Making).
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B. Proposed Daily Security File Submission Requirement

    To account for the new role of a Qualified IDQS, FINRA also
proposes to amend Supplementary Material .02 to FINRA Rule 6432 by
requiring any Qualified IDQS that makes one or more publicly available
determinations described in any of the following provisions to submit
to FINRA a daily security file containing certain information: Rule
15c2-11(a)(2) (compliance with Rule 15c2-11's information review
requirement); (f)(2)(iii)(B) (information is current and publicly
available); (f)(3)(ii)(A) (information is no longer current and
publicly available); or (f)(7) (the availability of the exchange-traded
security exception, the ``piggyback'' exception, the municipal security
exception, or the ADTV and asset test exception). FINRA states that it
would use the information contained in the daily file as part of its
oversight program to perform surveillance and periodic reviews of
Qualified IDQS and quoting member compliance with Rule 15c2-11.\19\
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    \19\ See Notice, supra note 3, at 31776.
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    Under this proposed requirement, the daily security file must
contain the following information for all non-exchange-listed equity
securities quoted on the Qualified IDQS's system:
     Security symbol;
     Issuer name;
     If the non-exchange-listed equity security is being quoted
pursuant to a processed Form 211 under FINRA Rule 6432(a);
     If applicable, the type of publicly available
determination made by the Qualified IDQS (e.g., that the Qualified IDQS
conducted an initial review pursuant to Rule 15c2-11(a)(2), that the
specified information is current and publicly available pursuant to
Rule 15c2-11(f)(2)(iii)(B) or (f)(3)(ii)(A), or that an exception under
Rule 15c2-11(f)(7) is available) and the date on which such publicly
available determination was made by the Qualified IDQS;
     With respect to a non-exchange-listed equity security for
which the Qualified IDQS has made a publicly available determination
under Rule 15c2-11(f)(7) relating to the availability of the piggyback
exception under Rule 15c2-11(f)(3), whether the issuer is a shell
company and, if a shell company, the number of days remaining in the
applicable 18-month period under Rule 15c-2-11(f)(3)(i)(B)(2);
     If applicable, that the security is being quoted pursuant
to an exception that does not rely on the Qualified IDQS's publicly
available determination and, if so, identify the exception relied upon
by the subscriber; and
     Such other information as specified by FINRA in a
Regulatory Notice (or similar communication).

C. Proposed Clarifying and Conforming Amendments

    In addition to the proposals discussed above with respect to member
Qualified IDQS requirements, FINRA proposes several amendments to
clarify the operation of FINRA Rule 6432 and conform the rule
provisions to Rule 15c2-11, as amended. First, with respect to existing
member obligations, FINRA proposes to clarify that a member firm must
receive notification from FINRA that a standard Form 211 has been
processed (i) before initiating or resuming quotations in a quotation
medium for a security, as in paragraph (a) of FINRA Rule 6432; and (ii)
before entering a priced quotation for the security, as in paragraph
(d) of FINRA Rule 6432.\20\ As part of this rule change, FINRA proposes
to delete the requirement that the Form 211 be received by FINRA at
least three business days before the filing firm's quotation is
published or displayed.
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    \20\ FINRA proposes a technical, non-substantive change to re-
letter existing paragraph (c) to paragraph (d). See supra note 17.
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    Second, to ease burdens on broker-dealers when filing a Form 211,
FINRA proposes in paragraph (c)(1) \21\ to expand FINRA Rule 6432's
treatment currently allowed for documents made available through the
Commission's Electronic Data Gathering, Analysis, and Retrieval
(``EDGAR'') system. In particular, FINRA proposes to allow a member
firm or Qualified IDQS submitting a Form 211, in lieu of filing a copy
of the applicable specified issuer information, to include identifying
information \22\ for each issuer report or statement upon which the
filer relied in satisfying the requirements of Rule 15c2-11's review of
issuer information, with respect to information that is publicly
available through the website of a Qualified IDQS or its affiliate
broker-dealer (but is not available on EDGAR). FINRA states its belief
that this expansion of treatment is appropriate in light of the new
role of a Qualified IDQS under the amendments to Rule 15c2-11.\23\
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    \21\ FINRA proposes a technical, non-substantive change to re-
letter existing paragraph (b)(1) to paragraph (c)(1). See supra note
17.
    \22\ Such identifying information may include the type of
report, report date, the permanent website address of the location
of the information on the website of the Qualified IDQS or its
affiliate broker-dealer, and any other information as may be
requested by FINRA.
    \23\ See Notice, supra note 3 at 31776.
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    Third, FINRA proposes in new paragraph (g) of FINRA Rule 6432 to
provide the same definition for term ``qualified inter-dealer quotation
system'' that the term ``qualified interdealer quotation system'' has
under Rule 15c2-11(e)(6). Finally, to assist with oversight of member
firm compliance with Rule 15c2-11, FINRA proposes to require that
members include in the standard and modified Form 211 the names of all
officers and directors of the subject issuer.

III. Discussion and Commission Findings

    After carefully reviewing the proposed rule changes, the comment
letter, and the FINRA letter, the Commission finds that the proposed
rule changes are consistent with the requirements of the Exchange Act
and the rules and regulations thereunder applicable to a national
securities association.\24\ In particular, the Commission finds that
the proposed rule changes are consistent with Section 15A(b)(6) of the
Exchange Act \25\ in that they are designed, among other things, to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, and, in general, to protect
investors and the public interest. In addition, the Commission finds
that the proposed rule changes are consistent with Section 15A(b)(11)
of the Exchange Act \26\ in that they include provisions designed to
produce fair and informative quotations,

to prevent fictitious or misleading quotations, and to promote orderly
procedures for collecting, distributing, and publishing quotations.
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    \24\ In approving this proposed rule change, the Commission has
considered the proposed rule changes' impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \25\ 15 U.S.C. 78o-3(b)(6).
    \26\ 15 U.S.C. 78o-3(b)(11).
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A. Proposed Modified Form 211 Submission Requirement

    The Commission finds that the proposed requirements set forth in
FINRA Rule 6432(b), with respect to the modified Form 211 submission,
are consistent with the Exchange Act.
    First, the proposed requirement on any member Qualified IDQS that
makes a publicly available determination pursuant to Rule 15c2-11(a)(2)
to file a Form 211 with FINRA to demonstrate compliance with Rule 15c2-
11 is designed, among other things, to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. As FINRA noted, ``[t]he amendments to Rule 15c2-11
make substantial changes to the prior framework.'' \27\ This filing
requirement, therefore, was proposed primarily to account for the new
role of a Qualified IDQS under Rule 15c2-11's amendments.\28\ FINRA's
proposal to extend the existing obligation for any member firm
representing that it complied with the requirements of Rule 15c2-11's
review of specified issuer information to any member Qualified IDQS
that makes a publicly available determination that it complied with the
requirements for such review \29\ would update FINRA's framework for
its oversight of member Qualified IDQSs, facilitate its oversight
efforts, and enhance investor protection.\30\
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    \27\ See Notice, supra note 3, at 31774.
    \28\ See id., at 31775.
    \29\ FINRA Rule 6432 would require a principal of the filing
member Qualified IDQS to review and sign the modified Form 211,
which would also include a certification that neither the firm nor
its associated persons have accepted or will accept any payment or
other consideration prohibited by FINRA Rule 5250 for filing the
Form 211. One commenter stated that FINRA Rule 5250 does not and
should not apply to a Qualified IDQS filing a Form 211. See OTC Link
Letter. The question of whether Rule 5250 prohibits the Qualified
IDQS from accepting issuer payments for filing Form 211 in
connection with its review under 15c2-11(a)(2) is an issue
concerning the interpretation of Rule 5250 (not Rule 6432) and is
outside of the scope of FINRA's proposal.
    \30\ For example, FINRA stated that it would use the modified
Form 211 filings submitted by a Qualified IDQS to assess
periodically the adequacy of the Qualified IDQS's reviews. See id.,
at 31775.
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    Second, the requirement for a member Qualified IDQS's modified Form
211 to be received by FINRA no later than 6:30:00 p.m. Eastern Time on
the business day following the Qualified IDQS's publicly available
determination made pursuant to Rule 15c2-11(a)(2) is designed to
produce fair and informative quotations, to prevent fictitious or
misleading quotations, and to promote orderly procedures for
collecting, distributing, and publishing quotations. The Commission
believes that the proposed deadline for the modified Form 211 filing
(i.e., after-the-fact) appropriately balances the protection of
investors, with respect to the prevention of fraudulent and
manipulative schemes involving fictitious quotations, while preventing
the potential for undue delay in the initiation of quoted markets
following a Qualified IDQS's publicly available determination that it
has complied with Rule 15c2-11's requirements for the review of
specified issuer information.\31\ Further, the Commission believes that
the after-the-fact nature of the submission of the modified Form 211,
together with the requirement for the submission of a daily security
file, could facilitate FINRA's oversight of a member Qualified IDQS's
compliance with the Rule 15c2-11 review by making FINRA's efforts more
focused and efficient.
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    \31\ Broker-dealers must initiate their quotations within three
business days after the Qualified IDQS makes a publicly available
determination regarding its review of issuer information. See 17 CFR
240.15c2-11(a)(1)(ii)(B). If broker-dealers needed to wait for
notification from FINRA that the Qualified IDQS's form has been
processed before initiating or resuming quotations, as with the
timing requirement of the standard Form 211, more than three days
could elapse. In such case, the Qualified IDQS may need to repeat
its review, a broker-dealer may need to review the issuer
information itself to initiate a quoted market, or no market may
develop whatsoever. Such a result would be inconsistent with the
amendments' goal, among others, of easing broker-dealers' burdens
where Rule 15c2-11's investor protections can be achieved by
alternative means. See, e.g., Rule 15c2-11 Adopting Release, supra
note 6, at 68131.
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    Finally, not requiring quoting member firms to file any Form 211 if
they are relying on a Qualified IDQS's publicly available determination
regarding its compliance with Rule 15c2-11's review of specified issuer
information is designed to produce fair and informative quotations, to
prevent fictitious or misleading quotations, and to promote orderly
procedures for collecting, distributing, and publishing quotation. The
Commission believes that its goal, among others, in amending Rule 15c2-
11 to reduce burdens on broker-dealers while maintaining investor
protection \32\ would be furthered, in part, by the modified Form 211
submission. In light of this requirement, the Commission believes that
also requiring quoting member firms (relying on a Qualified IDQS's
publicly available determination regarding its review of issuer
information) to file a Form 211 would be redundant, including with
respect to the information provided, without necessarily providing any
new information for FINRA or the Commission to use in its oversight
efforts to prevent fictitious or misleading quotations and to protect
investors.
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    \32\ See Rule 15c2-11 Adopting Release, supra note 6, at 68131.
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B. Proposed Daily Security File Submission Requirement

    The Commission finds that the proposed requirements set forth in
Supplementary Material .02 to FINRA Rule 6432, with respect to the
daily file submission requirement for any member Qualified IDQS that
makes certain publicly available determinations, are consistent with
the Exchange Act.
    The proposed requirement under Supplementary Material .02 regarding
the submission of a daily security file is designed, among other
things, to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, and, in general, to
protect investors and the public interest. Under this proposed
requirement, a member Qualified IDQS must submit a daily file
containing certain information \33\ regarding all non-exchange-listed
equity securities quoted on its system if the Qualified IDQS makes a
publicly available determination involving any of the following:
Whether the Qualified IDQS complied with the requirements of Rule 15c2-
11's review of specified issuer information; whether an issuer's
information is current and publicly available, pursuant to Rule 15c2-
11's unsolicited quotation exception or piggyback exception; or whether
Rule 15c2-11's exchange-traded security exception, municipal security
exception, piggyback exception, or ADTV and asset test exception is
available.
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    \33\ See supra Part II.B for a list of the specified
information.
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    The proposed daily security file list includes basic information
regarding a quoted security, its issuer, and, as applicable, the
publicly available determination or exception that already would be
preserved as part of a Qualified IDQS's compliance with its existing
recordkeeping requirement under Rule 15c2-11.\34\ The Commission

believes that the daily security file will facilitate FINRA's oversight
efforts where FINRA might otherwise lack efficient access to such
information. In this regard, FINRA's access to the daily security file
could aid its oversight efforts and protect investors by providing
FINRA with a wider range of information to use in determining whether a
Qualified IDQS has complied with its Rule 15c2-11 obligations (e.g.,
with respect to making a certain type of publicly available
determination) or whether a publicly available determination is being
used in connection with a fraudulent and manipulative scheme.\35\
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    \34\ See generally 17 CFR 240.15c2-11(d) (requiring, among other
things, the preservation of information related to a publicly
available determination that the rule's requirements for the review
of specified information have been fulfilled, as well as information
supporting a publicly available determination as to whether an
issuer's information is current and publicly available or whether
certain of the rule's exceptions apply, as applicable).
    \35\ FINRA states that the daily security file information would
provide consolidated daily Rule 15c2-11 compliance information to
complement a member Qualified IDQS's modified Form 211 submission so
that FINRA could have a more complete overview of the activities of
its members in the over-the-counter market, including of a Qualified
IDQS's compliance with Rule 15c2-11's obligations. See Notice, supra
note 3, at 31776.
---------------------------------------------------------------------------

C. Proposed Clarifying and Conforming Amendments

    The Commission finds that the proposed clarifying and conforming
amendments set forth in FINRA Rule 6432 are consistent with the
Exchange Act.
    First, the proposed clarifying amendments to Rule 6432(a) and (d),
with respect to the requirement that a member firm receive notification
from FINRA that its standard Form 211 has been processed before
initiating or resuming quotations in a quotation medium or before
entering a priced quotation for the security, respectively, are
designed, among other things, to prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
and, in general, to protect investors and the public interest. FINRA
states that these amendments are proposed to clarify existing member
firm obligations when filing a standard Form 211 under FINRA Rule
6432.\36\ The Commission believes that stating explicitly what event
must occur before a member firm may begin publishing quotations
provides a greater degree of clarity as to when a member firm may
initiate or resume quotations than stating when the standard Form 211
must be received by FINRA does. These clarifications could facilitate
broker-dealers' compliance measures and make them more efficient by
removing any uncertainty as to when quotations may begin. In addition,
these clarifications could protect investors by preventing the
likelihood that a member firm would initiate a quoted market before its
compliance with Rule 15c2-11's requirements for an initial information
review have been subject to oversight and verified.
---------------------------------------------------------------------------

    \36\ See id.
---------------------------------------------------------------------------

    Second, the proposed requirements in FINRA Rule 6432(c)(1), with
respect to filing member firms' ability to point FINRA to issuer
information publicly available on the website of a Qualified IDQS or
its affiliate broker-dealer, including the manner for doing so, are
designed, among other things, to prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
and, in general, to protect investors and the public interest. The
Commission believes that the ability of a member firm or Qualified IDQS
to include in its Form 211 filing certain identifying information for
the issuer reports or statements upon which it relied in complying with
Rule 15c2-11's requirements for reviewing issuer information
appropriately balances the protection of investors while reducing
compliance burdens on the filing member. Specifically, this rule change
would allow any such member to point FINRA to the applicable issuer
information that is publicly available on a regulated market
participant's website,\37\ in lieu of filing a copy of the applicable
issuer reports or statements, while providing FINRA with an alternative
means to conduct its oversight of the member's compliance with Rule
15c2-11 in order to protect investors. In addition, the Commission
believes that the list of identifying information (i.e., the type of
report, report date, the permanent website address of the location of
the information on the website of the Qualified IDQS or its affiliate
broker-dealer, and any other information as may be requested by FINRA)
may aid FINRA in accessing the applicable issuer reports or statements
relied upon as part of its oversight efforts.
---------------------------------------------------------------------------

    \37\ See Rule 15c2-11 Adopting Release, supra note 6, at 68144.
---------------------------------------------------------------------------

    Third, the proposed definition in FINRA Rule 6432(g) of the term
``qualified inter-dealer quotation system'' is designed, among other
things, to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, and, in general, to
protect investors and the public interest. FINRA's proposed definition
tracks the definition of the term ``qualified interdealer quotation
system'' that is provided in Rule 15c2-11(e)(6). This uniformity
between FINRA Rule 6432 and Rule 15c2-11 under the Exchange Act could
facilitate compliance efforts on the part of member firms and Qualified
IDQSs due to an enhanced understanding of the application of the two
rules' requirements regarding that term. Similarly, such uniformity
could facilitate FINRA's oversight by providing an efficient means to
monitor compliance with Rule 15c2-11. The Commission continues to
believe that the regulatory requirements for a member that meets the
definition of a Qualified IDQS--and the concomitant FINRA and
Commission oversight of this type of entity--would help to ensure
investor protection and to prevent fraud and manipulation.\38\
---------------------------------------------------------------------------

    \38\ See id., at 68166.
---------------------------------------------------------------------------

    Finally, the proposal in FINRA Rule 6432(c)(2) to require any
member firm or Qualified IDQS to include in the standard or modified
Form 211, as applicable, a list of all officers and directors of the
subject issuer is designed, among other things, to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. The Commission believes that this list appropriately
captures persons who manage a company or have a greater degree of
access to issuer information and who may have a heightened incentive to
engage in fraudulent or manipulative conduct.\39\ Such additional
information, therefore, could aid FINRA in its oversight of Rule 15c2-
11 compliance and the market for an issuer's security.
---------------------------------------------------------------------------

    \39\ See, e.g., id., at 68167.
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered that, pursuant to Section 19(b)(2) of the
Exchange Act,\40\ the proposed rule change (File No. SR-FINRA-2021-014)
be, and hereby is, approved.
---------------------------------------------------------------------------

    \40\ 15 U.S.C. 78s(b)(2).
    \41\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\41\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-19968 Filed 9-15-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 192 (Wednesday, October 3, 2012)]
[Notices]
[Page 60428]
[FR Doc No: 2012-24348]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13489-001]

FFP Project 79 LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

    On September 4, 2012, FFP Project 79, LLC filed an application for
a preliminary permit, pursuant to section 4(f) of the Federal Power Act
(FPA), proposing to study the feasibility of a hydropower project
located on the Mississippi River, near Tomato, in Mississippi County,
Arkansas, and Lauderdale County, Tennessee. The sole purpose of a
preliminary permit, if issued, is to grant the permit holder priority
to file a license application during the permit term. A preliminary
permit does not authorize the permit holder to perform any land-
disturbing activities or otherwise enter upon lands or waters owned by
others without the owners' express permission.
    The proposed Barfield Point hydrokinetic project would consist of
the following: (1) Up to 1,898 SmarTurbine generating units installed
in arrays on the bottom of the river; (2) the total capacity of the
installation would be up to 75,920 kilowatts; (3) flexible cables would
convey each arrays power to a metering station; and (4) a transmission
line would interconnect with the power grid. The proposed project would
have an average annual generation of 172,659,000 kilowatt-hours, which
would be sold to a local utility.
    Applicant Contact: Ramya Swaminathan, Free Flow Power Corporation,
239 Causeway Street, Boston, MA 02114; phone<PHONE_NUMBER>.
    FERC Contact: Michael Spencer,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13489) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: September 27, 2012.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2012-24348 Filed 10-2-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 124 (Friday, June 27, 2014)]
[Notices]
[Page 36569]
[FR Doc No: 2014-15277]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission Investor Advisory Committee will hold a meeting
on Thursday, July 10, 2014, in Multi-Purpose Room LL-006 at the
Commission's headquarters, 100 F Street NE., Washington, DC. The
meeting will begin at 10 a.m. (ET) and will be open to the public.
Seating will be on a first-come, first-served basis. Doors will open at
9:30 a.m. Visitors will be subject to security checks. The meeting will
be webcast on the Commission's Web site at www.sec.gov.
    On June 23, 2014, the Commission issued notice of the Committee
meeting (Release No. 33-9603), indicating that the meeting is open to
the public (except during portions of the meeting reserved for meetings
of the Committee's subcommittees), and inviting the public to submit
written comments to the Committee. This Sunshine Act notice is being
issued because a quorum of the Commission may attend the meeting.
    The agenda for the meeting includes: Remarks from Commissioners; a
public administrative session; a discussion of the definition of
accredited investor (which may include a recommendation of the Investor
as Purchaser subcommittee); a discussion of elder fraud; a briefing by
Commission staff on market structure and the proposed Market Structure
Advisory Committee; and nonpublic subcommittee meetings.
    For further information, please contact the Office of the Secretary
at<PHONE_NUMBER>.

    Dated: June 25, 2014.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-15277 Filed 6-25-14; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register: December 10, 2007 (Volume 72, Number 236)]
[Notices]
[Page 69727-69728]
[DOCID:fr10de07-119]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2007-0042; Notice 1]

General Motors Corporation, Receipt of Petition for Decision of
Inconsequential Noncompliance

    General Motors Corporation (GM) has determined that certain model
year 2005, 2006 & 2007 Cadillac STS passenger cars equipped with
sunroofs do not fully comply with paragraph S4(e) of 49 CFR 571.118,
Federal Motor Vehicle Safety Standard (FMVSS) No. 118 Power-Operated
Window, Partition, and Roof Panel Systems. GM has filed an appropriate
report pursuant to 49 CFR Part 573, Defect and Noncompliance
Responsibility and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), GM has petitioned for
an exemption from the notification and

remedy requirements of 49 U.S.C. Chapter 301 on the basis that this
noncompliance is inconsequential to motor vehicle safety.
    This notice of receipt of GM's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    Affected are approximately 60,042 model year 2005, 2006 & 2007
Cadillac STS passenger cars.
    Paragraph S4(e) of 49 CFR 571.118 requires:

    S4. Operating requirements. * * * power operated window,
partition, or roof panel systems may be closed only in the following
circumstances: * * *
    (e) During the interval between the time the locking device
which controls the activation of the vehicle's engine is turned off
and the opening of either of a two-door vehicle's doors or, in the
case of a vehicle with more than two doors, the opening of either of
its front doors;

    GM explains that for 60 seconds after the vehicles are started, if
the engine is turned off and a front door is opened, the sunroof module
software allows the sunroof to be closed if someone in the vehicle
activates the control switch. If more than 60 seconds elapses from the
starting of the vehicle, this condition will not occur.
    GM stated that it is not aware of any incidents or injury related
to the subject condition.
    GM included an analysis of the risk associated with the subject
condition and a detailed explanation of the reasons why it believes the
noncompliance to be inconsequential to motor vehicle safety.
    In summary, GM states that for all of the subject vehicles:
     The subject condition affects only the sunroof, not the
power windows.
     The subject condition requires multiple actions that must
occur within a 60 second time period. First, the following sequence of
actions must occur: Driver starts engine, driver turns off engine, and
driver or front passenger opens a front door. After this sequence of
actions and still within the 60 second time frame, occupants must take
additional actions: Push the sunroof close switch and position an
occupant to create the risk of sunroof entrapment. All of these actions
must occur within one 60 second time frame.
     If the sunroof switch is pushed steadily and then
released, the sunroof promptly stops moving.
     The sunroof incorporates an auto-reverse system. This
system will activate whenever the sunroof is closing in the express
close mode. Therefore, sunroof entrapment requires the completion of
the initial sequence of engine start/engine stop/front door open
actions, and also requires an occupant to press and hold the sunroof
closure switch and position an occupant within the sunroof--all within
the 60 second window and in such a manner that the auto-reverse is not
effective in preventing sunroof entrapment.
     The Agency has granted similar petitions in the past.
     GM is not aware of any injuries or incidents related to
the subject condition.
    GM states that it believes that because the noncompliance is
inconsequential to motor vehicle safety that no further corrective
action is warranted. GM has also informed NHTSA that it has corrected
the problem that caused these errors so that they will not be repeated
in future production.
    Interested persons are invited to submit written data, views, and
arguments on this petition. Comments must refer to the docket and
notice number cited at the beginning of this notice and be submitted by
any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
    b. By hand delivery to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on
weekdays from 10 a.m. to 5 p.m. except Federal Holidays.
    c. Electronically: By logging onto the Federal Docket Management
System (FDMS) Web site at http://www.regulations.gov/. Follow the

online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
    The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
    Comment closing date: January 9, 2008.

    Authority: (49 U.S.C. 30118, 30120: Delegations of authority at
CFR 1.50 and 501.8)

    Issued on: December 4, 2007.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
 [FR Doc. E7-23841 Filed 12-7-07; 8:45 am]

BILLING CODE 4910-59-P


[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Notices]
[Pages 73011-73013]
[FR Doc No: 2022-25899]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2022-0022; OMB No. 1660-0054]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request; Assistance to Firefighters Grant Program and
Fire Prevention and Safety Grants-Grant Application Supplemental
Information

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: 30-Day notice of revision and request for comments.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995. This notice invites the general
public to comment on the extension of a currently approved collection,
with changes, concerning the applications for the Assistance to
Firefighters Grant (AFG) program, the Fire Prevention and Safety (FP&S)
Grants program, the Staffing for Adequate Fire and Emergency Response
(SAFER) Grants program, and the Assistance to Firefighters Grant
Program--COVID-19 Supplemental (AFG-S). These programs focus on
enhancing the safety of the public and firefighters with respect to
fire and fire-related hazards. The changes proposed will acknowledge
the FEMA Grants Outcomes (FEMA GO) system as the new collection
instrument for the AFG, AFG-S, SAFER, and FP&S programs. The individual
forms will be combined into a question bank to allow the FEMA GO system
to fully utilize its technology to simplify the process by reducing
unnecessary questions.

DATES: Comments must be submitted on or before December 28, 2022.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Information Management Division, 500 C Street SW, Washington, DC 20472,
email address [email protected] or
William Dunham, Fire Program Specialist, FEMA, Grant Programs
Directorate, at<PHONE_NUMBER> or [email protected].

SUPPLEMENTARY INFORMATION: The authority for these grant programs is
derived from the Coronavirus Aid, Relief, and Economic Security (CARES)
Act, Div. B (Pub. L. 116-136); and Sections 33 and 34 of the Federal
Fire Prevention and Control Act of 1974, Public Law 93-498, as amended
(15 U.S.C 2229, 2229a). The information collected is grant application
information that is necessary to assess the needs of the applicants as
well as the benefits to be obtained from the use of funds. The
information collected through the program's application is the minimum
necessary to evaluate grant applications and is necessary for FEMA to
comply with mandates delineated in the law.
    FEMA is consolidating several forms associated with these programs
into the FEMA GO electronic system, FF-207-FY-21-116. Transitioning and
consolidating these forms into the electronic system will allow FEMA to
retire the following forms: FEMA Form 080-0-2, AFG Application (General
Questions and Narrative); FEMA Form 080-0-2a, Activity Specific
Questions for AFG Vehicle Applicants; FEMA Form 080-0-2b, Activity
Specific Questions for AFG Operations and Safety Applications; FEMA
Form 080-3, Activity Specific Questions for Fire Prevention and Safety
Applicants; FEMA Form 080-0-3a, Fire Prevention and Safety; FEMA Form
080-0-3b, Research and Development; FEMA Form 080-0-0-13, Semi-Annual
Performance Plan; FEMA Form 080-0-0-16, Final Performance Plan; FEMA
Form 080-0-4, SAFER (General Questions for All Applicants); FEMA Form
080-0-4a, SAFER Hiring of Firefighters Application (Questions and
Narrative); FEMA Form 080-0-4b, SAFER Recruitment and Retention of
Volunteer Firefighters Application (Questions and Narrative); FEMA Form
087-0-0-2, SAFER Quarterly Report and Payment Request Form; and the
AFG-S Application.
    Temporary forms, FF-207-FY-22-120, AFG Programmatic Performance
Report, FF-207-FY-22-123, FP&S Programmatic Performance Report, FF-207-
FY-22-124, SAFER Hiring Programmatic Performance Report, and FF-207-FY-
22-125, SAFER Recruitment and Retention Programmatic Performance
Report, will be used to collect required performance reports until the
system is able to collect this information electronically.
    This proposed information collection previously published in the
Federal Register on August 2, 2022, at 87 FR 47227 with a 60 day public
comment period. No comments were received. The purpose of this notice
is to notify the public that FEMA will submit the information
collection abstracted below to the Office of Management and Budget for
review and clearance.

Collection of Information

    Title: Assistance to Firefighters Grant Program and Fire Prevention
and Safety Grants-Grant Application Supplemental Information.
    Type of Information Collection: Revision of a currently approved
information collection.
    OMB Number: 1660-0054.
    FEMA Forms: FF-207-FY-21-116, Assistance to Firefighters Grant
(AFG) Programs; FF-207-FY-22-120; Assistance to Firefighters Grant
(AFG) Programmatic Performance Report; FF-207-FY-22-123, Fire
Preventions and Safety (FP&S) Programmatic Performance Report; FF-207-
FY-22-124, Staffing for Adequate Fire and Emergency Response (SAFER)
Hiring Programmatic Performance Report; and FF-207-FY-22-125, Staffing
for Adequate Fire and Emergency Response (SAFER) Recruitment and
Retention Programmatic Performance Report.
    Abstract: The Fire Prevention and Safety (FP&S) Grants program, the
Staffing for Adequate Fire and Emergency Response (SAFER) Grants
program, and the Assistance to Firefighters Grant Program--COVID-19
Supplemental (AFG-S) focus on enhancing the safety of the public and
firefighters with respect to fire and fire-related hazards. FEMA uses
this information to ensure that FEMA's responsibilities under the
legislation can be fulfilled accurately and efficiently. The
information will be used to objectively evaluate each of the
anticipated applicants to determine which of the applicants' proposals
in each of the activities are the closest to the established program
priorities.
    Affected Public: State, Local or Tribal Government; Not-for-Profit
Institutions.
    Estimated Number of Respondents: 24,112.
    Estimated Number of Responses: 24,112.
    Estimated Total Annual Burden Hours: 191,720.
    Estimated Total Annual Respondent Cost: $12,345,373.
    Estimated Respondents' Operation and Maintenance Costs: $0.
    Estimated Respondents' Capital and Start-Up Costs: $0.
    Estimated Total Annual Cost to the Federal Government: $433,412.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of

the methodology and assumptions used; (c) enhance the quality, utility,
and clarity of the information to be collected; and (d) minimize the
burden of the collection of information on those who are to respond,
including through the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology, e.g., permitting electronic submission of
responses.

Millicent Brown Wilson,
Records Management Branch Chief, Office of the Chief Administrative
Officer, Mission Support, Federal Emergency Management Agency,
Department of Homeland Security.
[FR Doc. 2022-25899 Filed 11-25-22; 8:45 am]
BILLING CODE 9111-78-P


EPA REGISTRATION DIVISION COMPANY NOTICE OF FILING FOR PESTICIDE PETITIONS PUBLISHED IN THE FEDERAL REGISTER

EPA has received a pesticide petition 5E8371 from Interregional Research Project Number 4 (IR-4), IR-4 Project Headquarters, Rutgers, The State University of New Jersey, 500 College Road East, Suite 201 W, Princeton, NJ 08450  requesting, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180 by establishing a tolerance for residues of chlorantraniliprole, 3-bromo-N-[4-chloro-2-methyl-6-[(methylamino)-carbonyl]phenyl]-1-(3-chloro-2-pyridinyl)-1H-pyrazole-5-carboxamide in or on the raw agricultural commodities: Nut, tree, group 14-12 at 0.02 parts per million (ppm); and Fruit, stone, group 12-12 at 2.5 ppm. This petition additionally requests to amend 40 CFR 180.628 by amending the existing tolerances for residues artichoke, globe from 4.0 ppm to 2.0 ppm; and hop, dried cones from 90 ppm to 40 ppm. In requesting these tolerances, IR-4 notes that the proposed tolerances for hop, artichoke, stone fruit, and tree nuts represent a lowering of established tolerances.

Upon establishment of these tolerances, the following tolerances are to be deleted: Nut, tree, group 14 at 0.04 ppm; Pistachio at 0.04 ppm; Fruit, stone, group 12-12, except cherry, chickasaw plum, and damson plum at 4.0 ppm; Cherry, sweet at 2.0 ppm; Cherry, tart at 2.0 ppm; Plum, chickasaw at 2.0 ppm; and Plum, damson at 2.0 ppm. EPA has determined that the petition contains data or information regarding the elements set forth in section 408 (d)(2) of  FDDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data supports granting of the petition. Additional data may be needed before EPA rules on the petition.

A. Residue Chemistry

      1.    Plant metabolism. The metabolism of chlorantraniliprole is adequately understood to support the proposed exemption from the requirement of tolerances. Studies in apple, lettuce, rice, tomato, and cotton when treated at proposed label rates showed no significant metabolites.  The only significant residue is the parent compound.        Livestock Metabolism. The metabolism of chlorantraniliprole in ruminants and poultry is adequately understood to support the exemption from the requirement of tolerances.  Lactating goat and laying hen metabolism studies were conducted.  The goat and hen rapidly excreted >93% and >98% of the dosed radiolabeled residues, respectively.          The metabolic pathway in poultry and ruminant (goat) animals was consistent. There is no reasonable expectation of transfer of finite residues of chlorantraniliprole and its metabolites to fat, meat, milk, and eggs.

	2. Analytical method. Since chlorantraniliprole and its metabolic degradates are not of toxicological concern, analytical methods are not applicable.

	3. Magnitude of residues.  Numerous residue studies have been conducted on many crops in the United States and globally by the registrant and by other organizations such as the IR-4 Project.  The relevant U.S. and foreign residue study reports required to support use of chlorantraniliprole and existing tolerances in the United States have been submitted to EPA and reviewed as part of prior registration actions for this active ingredient.

B. Toxicological Profile

      1. Acute toxicity.  Based on EPA criteria, chlorantraniliprole is classified as follows for Toxicity Categories: Guideline Title Results Category 870.1100

870.1200

870.1300

870.2400

870.2500

870.2600 Acute Oral Toxicity

Acute Dermal Toxicity

Acute Inhalation Toxicity

Primary Eye Irritation

Primary Dermal Irritation

Skin Sensitization LD50: >5,000 mg/kg (Rat)

LD50: >5,000 mg/kg (Rat)

LC50: >5.1 mg/L (Rat)

Mild irritation (Rabbit)

No irritation (Rabbit)

Not a sensitizer (Mouse LLNA) Category IV

Category IV

Category IV

Category IV

Category IV

---------------                 Formulated products are as equally non-toxic following acute exposures as is technical chlorantraniliprole.  The acute inhalation toxicity for the suspension concentrate formulation could not be determined above the maximum practically attainable atmospheric aerosol concentration of 2 mg/L.                There was no evidence of neurotoxicity in rats following a single limit dose of 2,000 mg/kg

      2.       Genotoxicty. Chlorantraniliprole has shown no genotoxic activity in the following listed in vitro and in vivo tests:               	Bacterial reverse mutation         	In vitro mammalian gene mutation (CHO/HGPRT)        	In vitro chromosomal aberration (human lymphocytes)        	In vivo mouse micronucleus

	3. Reproductive and developmental toxicity. In developmental toxicity studies in rats and rabbits, chlorantraniliprole exhibited no effects on any parameter in pregnant females or their offspring at levels up to and including the maximum tested dose of 1,000 mg/kg bw/day.   	No reproductive toxicity was observed in a two-generation reproduction study with chlorantraniliprole in rats.  No adverse effects were observed on reproduction, fertility, sperm parameters, estrous cycle, litter size, pup survival and developmental landmarks up to the maximum tested dose of 20,000 ppm in the diet.  There were no adverse histological findings indicative of reproductive toxicity.  There was a slight reduction in the F1 pup (but not F2 pup) weight during lactation at the highest dose level (mean maternal intake during lactation equal to 3,118 mg/kg bw/day); this was attributed, in part, to weight loss in one dehydrated dam during lactation which had a litter with some of the lowest pup weights.  The slight change in pup weight was without subsequent effects since overall body weight, weight gain and development in F1 rats fed 20,000 ppm were similar to control animals.

	4. Subchronic toxicity. 	Subchronic (90 day) feeding studies were conducted with rats, mice and dogs. No adverse effects were observed at the highest dietary concentrations tested of 20,000 ppm in rats (1,188 mg/kg bw/day for males and 1,526 mg/kg bw/day for females), 7,000 ppm in mice (1,135 mg/kg bw/day for males and 1,539 mg/kg bw/day for females) and 40,000 ppm in dogs (1,163 mg/kg bw/day for males and 1,220 mg/kg bw/day for females).  Chlorantraniloprole showed no evidence of immunotoxicity in 28-day feeding studies in rats or mice and no evidence of neurotoxicity in a 90-day feeding study in rats at dietary concentrations greater than the limit dose of 1,000 mg/kg bw/day.

	A 28-day dermal toxicity study in rats was conducted at doses of 100, 300 and 1,000 mg/kg bw/day.  The NOAEL for male and female rats was 300 mg/kg bw/day based on reductions in body weight gain and food efficiency at 1,000 mg/kg bw/day.

	No adverse target organ effects were observed in any subchronic toxicity study.

	5. Chronic toxicity. Chlorantraniliprole was not carcinogenic in either a 2-year study in rats or an 18-month study in mice.  The NOAEL for chronic toxicity in the 18-month mouse study was 1,200 ppm (158 mg/kg bw/day in males) and was based on eosinophilic foci accompanied by hepatocellular hypertrophy and increased liver weight.   	In rats, there were no adverse effects on any in-life parameter in either males or females administered chlorantraniliprole up to and including a maximum dietary concentration of 20,000 ppm for 2 years (805 and 1,076 mg/kg bw/day, respectively).

	In a one-year feeding study in dogs, the NOAEL was the highest dose tested, 40,000 ppm (1,164 and 1,233 mg/kg/day in males and females, respectively).

	6. Animal (Rat) metabolism. The absorption of [14C]-chlorantraniliprole in rats was rapid with peak concentrations occurring at 5-12 hours after single dose administration. Tissue distribution of the absorbed dose was extensive and indicated low potential for accumulation.  Excretion was substantially complete by 48-72 hours after dosing (>90%).

   Following 14 days of oral administration 14C residues were readily eliminated from the plasma and tissues and confirmed minimal potential for accumulation. The profile of metabolites in urine and feces indicated extensive metabolism consistent with that observed for the single dose study.

	7. Metabolite toxicology. Due to the extremely low toxicity of the parent compound and the extensive metabolism observed in mammalian systems, chlorantraniliprole metabolites are not expected to result in any significant toxicity.  Toxicology studies conducted with metabolites support this conclusion

	8. Endocrine disruption. No adverse effects were observed on any endocrine tissue in short- and long-term studies in rats, mice and dogs.

C. Aggregate Exposure

	1. Dietary exposure. [Insert text.]

      i. Food. Because an endpoint attributable to a single dose was not identified, the dietary exposure assessment considered only chronic exposure.                Chronic dietary exposure assessments were conducted using the Dietary Exposure Evaluation Model (DEEM-FCID(TM), Version 2.03) which uses food consumption data from the U.S. Department of Agriculture's Continuing Surveys of Food Intakes by Individuals (CSFII) from 1994-1996 and 1998. The chronic dietary exposure assessment was conducted using a chronic reference dose of 1.58 mg/kg bw/day based on the NOAEL established in the 18-month study in mice.  DuPont has conducted chronic assessments which assume that 100% of all crops  -  including those not labeled - are treated with chlorantraniliprole and that all crops contain residues at tolerance level or at residue levels equal to tolerance levels for similar crops.  In particular all leafy vegetables, including leaves of root and tuber vegetables and leafy vegetables including brassica vegetables, are assumed to have residues of 15 parts per million.  All other human foods (including plant and animal commodities) are assumed to have residues of 2 parts per million.              These assumptions result in conservative, health-protective estimates of exposure which are well below the Agency's level of concern (100% of the cPAD). The maximum estimate is less than 11% of the cPAD for all population subgroups.

	ii. Drinking water. A drinking water assessment for chlorantraniliprole, conducted based on PRZM/EXAMS (Pesticide Root Zone Model/Exposure Analysis Modeling System), was used to calculate the surface water estimated drinking water concentrations (EDWCs) and the Screening Concentration in Ground Water (SCI-GROW) model was used to calculate the groundwater EDWC. The EDWCs do not exceed the Agency's level of concern.

	2. Non-dietary exposure. Residential exposure (non-occupational, non-dietary exposure to consumers) was conservatively assessed for dermal post-application exposure (children and adults), and for children the oral exposures via hand-to-mouth, object-to-mouth, and incidental ingestion of soil were also assessed.  The margins of exposure (MOE) greatly exceed the 100-fold MOE required for these routes and from the combined children's incidental oral ingestion.  Therefore, residential non-dietary exposure is not a concern.

D. Cumulative Effects

	It is not necessary at this time to consider cumulative effects because there is no indication that toxic effects of chlorantraniliprole have a common mechanism with those of any other chemical compounds.

E. Safety Determination

	1. U.S. population. Based on risk assessments performed using worst-case exposure assumptions there is a reasonable certainty that no harm will result to the general population from the aggregate exposure to chlorantraniliprole.  No additional safety factors are warranted.

	2. Infants and children. Based on the risk assessments performed using worst-case exposure assumptions there is a reasonable certainty that no harm will result to the infants and children from the aggregate exposure to chlorantraniliprole.  No additional safety factors are warranted.

F. International Tolerances

      Numerous chlorantraniliprole MRLs have been established or are expected to be established supporting registrations in 82 countries.  Codex MRLs have also been established for chlorantraniliprole on numerous crops.