[Federal Register Volume 85, Number 178 (Monday, September 14, 2020)]
[Notices]
[Pages 56672-56675]
[FR Doc No: 2020-20129]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89784; File No. SR-MEMX-2020-06]

Self-Regulatory Organizations; MEMX LLC; Notice of Filing and
Immediate Effectiveness of a Proposed Rule Change To Adopt Rule 15.3,
Collection of Exchange Fees and Other Claims and Billing Policy

September 8, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 28, 2020, MEMX LLC (``MEMX'' or the ``Exchange'') filed
with the Securities and Exchange Commission (the ``Commission'') the
proposed rule change as described in Items I, and II below, which Items
have been prepared by the Exchange. The Exchange filed the proposal as
a ``non-controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ The
Commission is publishing this notice to

solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing with the Commission a proposed rule change
to proposed rule change to adopt Rule 15.3 and entitle it ``Collection
of Exchange Fees and Other Claims and Billing Policy'' that (a)
requires each member of the Exchange (``Member''), and all applicants
for membership, to provide one or more clearing account numbers that
correspond to an account(s) at the National Securities Clearing
Corporation (``NSCC'') for purposes of permitting the Exchange to debit
certain fees, fines, charges and/or other monetary sanctions or other
monies due and owing to the Exchange; and (b) require Members to submit
billing disputes within a certain time period. The text of the proposed
rule change is provided in Exhibit 5.

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

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

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

1. Purpose
    The Exchange proposes to adopt Rule 15.3 to (a) require each
Member, and all applicants for membership, to provide one or more
clearing account numbers that correspond to an account(s) at the NSCC
for purposes of permitting the Exchange to debit certain fees, fines,
charges, and/or other monetary sanctions or other monies due and owing
to the Exchange; and (b) require Members to submit billing disputes
within a certain time period.
Direct Debit Process
    Paragraph (a) of the proposed Rule 15.3 requires Members, and all
applicants for membership, to provide one or more clearing account
numbers that correspond to an account(s) at NSCC for purposes of
permitting the Exchange to debit any undisputed or final fees, fines,
charges, and/or other monetary sanctions or other monies due and owing
to the Exchange or other charges pursuant to Rule 15.1, including the
Exchange Fee Schedule thereto; Regulatory Transaction Fees pursuant to
Rule 15.1(b); dues, assessments and other charges pursuant to Rule 2.9
to the extent the Exchange were to determine to charge such fees; and
fines, sanctions and other charges pursuant to Chapter 8 of the
Exchange Rules \5\ which are due and owing to the Exchange
(collectively ``Debit Amount''). The Exchange Fee Schedule specifies
charges for transactions, routing and other services provided by the
Exchange and certain fees that are collected by the Financial Industry
Regulatory Authority (``FINRA''). Only the charges which require
payment to the Exchange would be subject to direct debit. The Exchange
does not currently charge fees for certain of the services listed on
the Exchange Fee Schedule. The Exchange would entitle Rule 15.3
``Collection of Exchange Fees and Other Claims and Billing Policy.''
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    \5\ This includes, among other things, fines which result from
disciplinary proceedings or actions taken pursuant to Chapter 8 of
the Exchange Rules, as specified in Rule 8.1(a). In addition, the
Exchange notes that it also has the authority under Rules 7.1(b) to
report to the Chief Regulatory Officer (``CRO'') any Member who does
not pay any dues, fees, assessments, charges or other amounts due to
the Exchange within 90 days after the same has become payable and
the CRO may, after giving reasonable notice to the Member of such
arrearages, suspend the Member until payment is made. While this
direct debit process should minimize failures to pay, those rules
nevertheless will act as a backstop to the direct debit process.
With respect to disciplinary proceedings, the Exchange would not
debit any monies until such action is final. The Exchange would not
consider an action final until all appeal periods have run and/or
all appeal timeframes are exhausted. With respect to non-
disciplinary actions, the Exchange would similarly not take action
to debit a Member account until all appeal periods have run and/or
all appeal timeframes are exhausted. Any uncontested disciplinary or
non-disciplinary actions will be debited, and the amount due will
appear on the Member's invoice prior to the actual NSCC debit.
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    As proposed, the Exchange will send a monthly electronic invoice by
email to each Member, generally by the 7th business day of each month
for the Debit Amount due to the Exchange for the prior month. The
Exchange will also send files to NSCC each month by the 17th business
day of each month to initiate the debit of the Debit Amount due to the
Exchange as stated on the Member's invoice for the prior month.
    The Exchange anticipates that NSCC will process the debits on the
day it receives the file or the following business day. Because Members
will be provided with an invoice approximately two weeks before the
debit date, Members will have adequate time to contact Exchange staff
with any questions concerning the invoice. If a Member disagrees with
the invoice in whole or in part, the Exchange would not commence the
debit for the disputed amount until the dispute is resolved.
Specifically, the Exchange will not include the disputed amount (or the
entire invoice if it is not feasible to identify the disputed amounts)
in the NSCC debit amount if the Member has provided written
notification of the dispute to the Finance Department of the Exchange
by the later of the 16th business day of the month or ten days after
the date the electronic invoice was sent to the Member, and the amount
in dispute is at least $10,000 or greater.
    Once NSCC receives the file from the Exchange, NSCC would proceed
to debit the amounts indicated from the account of the Member that
clears the applicable transactions (``Clearing Member'', i.e., either a
Member that is self-clearing or another Member that provides clearing
services on behalf of the Member) and disburse such amounts to the
Exchange. In the instance where the Member clears through another
Member, the Exchange understands that the estimated transaction fees
owed to the Exchange are typically debited by the Clearing Member on a
daily basis using daily transaction detail reports provided by the
Exchange to the Clearing Member in order to ensure adequate funds have
been escrowed. The Exchange notes that it is proposing to permit a
Member to designate one or more clearing account numbers that
correspond to an account(s) at NSCC to permit Members that clear
through multiple different clearing accounts to set up the billing
process with the Exchange in a manner that is most efficient for
internal reconciliation and billing purposes of the Member.
    The Exchange believes that the proposed debiting process for
Members would create an efficient method of collecting undisputed or
final fees, fines, charges and/or other monetary sanctions or monies
due and owing to the Exchange. An alternative process could cause
collection matters to divert staff resources away from the Exchange's
regulatory and business purposes. Moreover, the Exchange believes that
it is reasonable to provide for a $10,000 limitation on pre-debit
billing disputes since it would be inefficient to delay a direct debit
for a de minimis amount. Members will still be able to dispute billing
amounts that are less than $10,000 pursuant to paragraph (b) of Rule
15.3, as described below. The Exchange notes that a comparable debiting
process is used by the Investors Exchange (``IEX''), the

Nasdaq Stock Market LLC (``Nasdaq''), Nasdaq BX, Inc. (``Nasdaq BX''),
and Nasdaq PHLX LLC (``Nasdaq Phlx'').\6\
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    \6\ See IEX Rule 15.120, Nasdaq Rule Equity 7, Section 70,
Nasdaq BX Rule Equity 7, Section 111, and Nasdaq Phlx Rule Equity 7,
Section 2.
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Billing Dispute Process
    In addition to, and separate from the pre-debit dispute process
described above, the Exchange also proposes to adopt a billing policy,
pursuant to paragraph (b) of Rule 15.3, to require all pricing
disputes, with respect to fees payable to the Exchange,\7\ to be
submitted to the Exchange in writing \8\ and accompanied by supporting
documentation within sixty days of receipt of an invoice. The Exchange
believes that this policy will conserve Exchange resources, which are
expended when untimely billing disputes require staff to research
applicable fees and order information beyond two months after the
invoice was issued. The sixty-day limitation would be applicable to all
fees specified in paragraph (a) of Rule 15.3.
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    \7\ Fees that are collected by FINRA would not be subject to the
billing policy, and any disputes would need to be raised by the
Member directly with FINRA.
    \8\ The Exchange invoice will specify the email address where
billing disputes must be submitted.
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    The Exchange expects that the proposed policy will provide a
potential cost savings to the Exchange in that it would alleviate
administrative burdens related to belated billing disputes, which could
divert staff resources away from the Exchange's regulatory and business
purposes. A similar policy is in place today at IEX, Nasdaq, Nasdaq BX,
and Nasdaq Phlx.\9\
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    \9\ See supra note 6.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\10\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\11\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general to
protect investors and the public interest. Specifically, the Exchange
believes that the direct debit process will provide Members with an
efficient process to pay undisputed or final fees, fines, charges and/
or monetary sanctions or monies due and owing to the Exchange.
Similarly, the billing policy will create an objective process and will
be fair to Members. Further, both aspects of the proposal are expected
to result in lower administrative costs for the Exchange.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposal to debit NSCC accounts is
reasonable because it would ease the Member's administrative burden in
paying monthly invoices, avoid overdue balances and provide efficient
collection from all Members who owe monies to the Exchange. Moreover,
the Exchange believes that the 10-day minimum time frame provided to
Members to dispute invoices is reasonable and adequate to enable
Members to identify potentially erroneous charges. In addition, the
Exchange believes that the $10,000 limitation on pre-debit billing
disputes is reasonable because it would be inefficient to delay a
direct debit for a de minimis amount. Members will still be able to
dispute billing amounts that are less than $10,000 pursuant to
paragraph (b) of Rule 15.3.
    Further, the Exchange believes that the requirement that billing
disputes for specified fees be submitted to the Exchange within sixty
days from receipt of the invoice will set objective standards, will be
fair to Members, and that sixty days is ample time to review an invoice
and dispute any pricing related to the transactions for that time
period. It is also expected to lower the Exchange's administrative
costs. An identical provision is applicable to IEX, Nasdaq, Nasdaq BX,
and Nasdaq Phlx.\12\
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    \12\ See supra note 6.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange believes its proposed rule change would not impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The proposed debit process and
billing policy would apply uniformly to all Members and will not
disproportionately burden or otherwise impact any single Member.
    The Exchange does not believe that the proposal will create an
intermarket burden on competition since the Exchange will only debit
fees (other than de minimis fees below $10,000) that are undisputed by
the Member and Members will have a reasonable opportunity to dispute
fees both before and after the direct debit process. The Exchange also
does not believe that the proposal will create an intramarket burden on
competition, since the proposed direct debit process and billing policy
will be applied equally to all Members. Moreover, other exchanges use a
comparable process which the Exchange believes is generally familiar to
Members. Consequently, the Exchange does not believe that the proposal
raises any new or novel issues that have not been previously considered
by the Commission in connection with direct debit and billing policies
of other exchanges.\13\
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    \13\ See supra note 6.
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    Further, this proposal is expected to provide a cost savings to the
Exchange in that it would alleviate administrative processes related to
the collection of monies owed to the Exchange by Members. Collection
matters divert staff resources away from the Exchange's regulatory and
business purposes. In addition, the debiting process would mitigate
against Member accounts becoming overdue.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \14\ and Rule 19b-
4(f)(6) thereunder.\15\
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written 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.
The Exchange has satisfied this requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \16\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \17\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay. The
Exchange believes that waiver of the operative delay is

consistent with the protection of investors and the public interest
because it will allow the Exchange to provide a consistent process from
the inception of the Exchange's operations for Members to pay
undisputed or final fees, fines, charges and/or monetary sanctions or
monies due and owing to the Exchange. The Commission believes that
waiver of the 30-day operative delay is consistent with the protection
of investors and the public interest because the proposed rule change
does not raise any novel issues and is based on the rules of several
other exchanges discussed above. Further, the proposal does not limit
or relieve the Exchange from its responsibility to accurately assess
fees and apply its fee schedule at all times. Therefore, the Commission
hereby waives the operative delay and designates the proposal as
operative upon filing.\18\
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    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6)(iii).
    \18\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \19\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \19\ 15 U.S.C. 78s(b)(2)(B).
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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-MEMX-2020-06 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-MEMX-2020-06. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-MEMX-2020-06 and should be submitted on
or before October 5, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-20129 Filed 9-11-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 23 (Thursday, February 3, 2011)]
[Proposed Rules]
[Page 6110]
[FR Doc No: 2011-2373]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Parts 229, 239 and 249

[Release Nos. 33-9179; 34-63794; File No. S7-41-10]
RIN 3235-AK83

Mine Safety Disclosure

AGENCY: Securities and Exchange Commission.

ACTION: Proposed rule; extension of comment period.

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SUMMARY: The Securities and Exchange Commission is extending the
comment period for a release proposing amendments to its rules to
implement Section 1503 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act. [Release No. 33-9164; 75 FR 80374 (December
22, 2010)]. The original comment period for Release No. 33-9164 is
scheduled to end on January 31, 2011. The Commission is extending the
time period in which to provide the Commission with comments on that
release for 30 days until Wednesday, March 2, 2011. This action will
allow interested persons additional time to analyze the issues and
prepare their comments.

DATES: Comments should be received on or before March 2, 2011.

ADDRESSES: Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/proposed.shtml);
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number S7-41-10 on the subject line; or
     Use the Federal Rulemaking Portal (http://www.regulations.gov). Follow the instructions for submitting comments.

Paper Comments

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

All submissions should refer to File Number S7-41-10. This file number
should be included on the subject line if e-mail is used. To help us
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/proposed.shtml). Comments
are also 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 a.m. and 3
p.m. All comments received will be posted without change; we do not
edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly.

FOR FURTHER INFORMATION CONTACT: Jennifer Zepralka, Senior Special
Counsel, or Jennifer Riegel, Attorney-Advisor, Division of Corporation
Finance at<PHONE_NUMBER>, at the U.S. Securities and Exchange
Commission, 100 F Street, NE., Washington, DC 20549.

SUPPLEMENTARY INFORMATION: The Commission has requested comment on a
release proposing amendments to its rules to implement Section 1503 of
the Dodd-Frank Wall Street Reform and Consumer Protection Act (the
``Act''). Section 1503(a) of the Act requires issuers that are
operators, or that have a subsidiary that is an operator, of a coal or
other mine to disclose in their periodic reports filed with the
Commission information regarding specified health and safety
violations, orders and citations, related assessments and legal
actions, and mining-related fatalities. Section 1503(b) of the Act
mandates the filing of a Form 8-K disclosing the receipt of certain
orders and notices from the Mine Safety and Health Administration. The
disclosure requirements set forth in the Act are currently in
effect,\1\ but the Commission is proposing to amend its rules to
implement and specify the scope and application of the disclosure
requirements set forth in the Act and to require a limited amount of
additional disclosure to provide context for certain items required by
the Act. This release was published in the Federal Register on December
22, 2010.
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    \1\ See Section 1503(f) of the Act.
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    The Commission originally requested that comments on the release be
received by January 31, 2011. The nature of the proposed disclosure
requirements differs from the disclosure traditionally required by the
Securities Exchange Act of 1934, and the proposal requested comment on
a variety of significant aspects of the proposed rules. The Commission
has received requests for an extension of time for public comment on
the proposal to, among other things, allow for the collection of
information and improve the quality of responses.\2\ The Commission
believes that providing the public additional time to consider
thoroughly the matters addressed by the release and to submit
comprehensive comments to the release would benefit the Commission in
its consideration of final rules. Therefore, the Commission is
extending the comment period for Release No. 33-9164 ``Mine Safety
Disclosure'' for 30 days, to Wednesday, March 2, 2011.
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    \2\ See, e.g., National Mining Association (January 3, 2011);
National Stone, Sand & Gravel Association (January 13, 2011); and
World Gold Council (January 7, 2011). Comments are available on the
Commission's Internet Web site at http://www.sec.gov/comments/s7-41-10/s74110.shtml.

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    By the Commission.

    Dated: January 28, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-2373 Filed 2-2-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Rules and Regulations]
[Pages 12213-12217]
[FR Doc No: 2023-03866]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2022-0935; FRL-10656-01-OCSPP]

Propanoic Acid, 3-hydroxy-(hydroxymethyl)-2-methyl-, Polymer With
2-amino-2-methyl-1-propanol, [alpha]-hydro-[omega]-
hydroxypoly[oxy(methyl-1,2-ethanediyl)], 5-isocyanato-1-
(isocyanatomethyl)-1,3,3-trimethylcyclohexane and Methyloxirane Polymer
With Oxirane Ether With 4,4'-(1-methylethylidene)bis[phenol] (2:1),
Polyethylene-Polypropylene Glycol 2-aminopropyl Me Ether-Blocked,
Compds. With 2-amino-2-methyl-1-propanol; Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of propanoic acid, 3-hydroxy-
(hydroxymethyl)-2-methyl-, polymer with 2-amino-2-methyl-1-propanol,
[alpha]-hydro-[omega]-hydroxypoly[oxy(methyl-1,2-ethanediyl)], 5-
isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane and
methyloxirane polymer with oxirane ether with 4,4'-(1-
methylethylidene)bis[phenol] (2:1), polyethylene-polypropylene glycol
2-aminopropyl Me ether-blocked, compds. with 2-amino-2-methyl-1-
propanol (IN-11729) when used as an inert ingredient in a pesticide
chemical formulation. Nouryon Surface Chemistry LLC submitted a
petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA),
requesting an exemption from the requirement of a tolerance. This
regulation eliminates the need to establish a maximum permissible level
for residues of propanoic acid, 3-hydroxy-(hydroxymethyl)-2-methyl-,
polymer with 2-amino-2-methyl-1-propanol, [alpha]-hydro-[omega]-
hydroxypoly[oxy(methyl-1,2-ethanediyl)], 5-isocyanato-1-
(isocyanatomethyl)-1,3,3-trimethylcyclohexane and methyloxirane polymer
with oxirane ether with 4,4'-(1-methylethylidene)bis[phenol] (2:1),
polyethylene-polypropylene glycol 2-aminopropyl Me ether-blocked,
compds. with 2-amino-2-methyl-1-propanol on food or feed commodities
when used in accordance with these exemptions.

DATES: This regulation is effective February 27, 2023. Objections and
requests for hearings must be received on or before April 28, 2023, 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-2022-0935, 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: Daniel Rosenblatt, Registration
Division (7505T), 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 40 CFR
part 180 through the Office of the Federal Register's e-CFR site at
https://www.ecfr.gov/current/title-40.

C. Can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), 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-2022-0935 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
April 28, 2023. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b), although the Office
of the Administrative Law Judges, which houses the Hearing Clerk,
encourages parties to file objections and hearing requests
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-2022-0935, 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/where-send-comments-epa-dockets.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.

II. Background and Statutory Findings

    In the Federal Register of January 3, 2023 (88 FR 38) (FRL-9410-08-
OCSPP), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C.
346a, announcing the receipt of a pesticide petition (PP IN-11729)
filed by Nouryon Chemicals LLC, c/o Keller and Heckman LLP, 1001 G
Street NW, Suite 500 West, Washington DC, 20001. The petition requested
that 40 CFR 180.960 be amended by establishing an exemption from the
requirement of a tolerance for residues of propanoic acid, 3-hydroxy-
(hydroxymethyl)-2-methyl-, polymer with 2-amino-2-methyl-1-propanol,
[alpha]-hydro-[omega]-hydroxypoly[oxy(methyl-1,2-ethanediyl)], 5-
isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane and
methyloxirane polymer with oxirane ether with 4,4'-(1-
methylethylidene)bis[phenol] (2:1), polyethylene-polypropylene glycol
2-aminopropyl Me ether-blocked, compds. with 2-amino-2-methyl-1-
propanol (CAS Reg. No. 515152-49-5). That document included a summary
of the petition prepared by the petitioner and solicited comments on
the petitioner's request. The Agency did not receive any comments.
    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(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 use 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 an exemption from the
requirement of 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 . . .'' and
specifies factors EPA is to consider in establishing an exemption.

III. Risk Assessment and Statutory Findings

    EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be shown that the risks from aggregate
exposure to pesticide chemical residues under reasonably foreseeable
circumstances will pose no appreciable risks to human health. In order
to determine the risks from aggregate exposure to pesticide inert
ingredients, the Agency considers the toxicity of the inert in
conjunction with possible exposure to residues of the inert ingredient
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings. If EPA is able to
determine that a finite tolerance is not necessary to ensure that there
is a reasonable certainty that no harm will result from aggregate
exposure to the inert ingredient, an exemption from the requirement of
a tolerance may be established.
    Consistent with FFDCA section 408(b)(2)(D), EPA has reviewed the
available scientific data and other relevant information in support of
this action and considered its validity, completeness and reliability
and the relationship of this information to human risk. EPA has also
considered available information concerning the variability of the
sensitivities of major identifiable subgroups of consumers, including
infants and children. In the case of certain chemical substances that
are defined as polymers, the Agency has established a set of criteria
to identify categories of polymers expected to present minimal or no
risk. The definition of a polymer is given in 40 CFR 723.250(b) and the
exclusion criteria for identifying these low-risk polymers are
described in 40 CFR 723.250(d). propanoic acid, 3-hydroxy-
(hydroxymethyl)-2-methyl-, polymer with 2-amino-2-methyl-1-propanol,
[alpha]-hydro-[omega]-hydroxypoly[oxy(methyl-1,2-ethanediyl)], 5-
isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane and
methyloxirane polymer with oxirane ether with 4,4'-(1-
methylethylidene)bis[phenol] (2:1), polyethylene-polypropylene glycol
2-aminopropyl Me ether-blocked, compds. with 2-amino-2-methyl-1-
propanol conforms to the definition of a polymer given in 40 CFR
723.250(b) and meets the following criteria that are used to identify
low-risk polymers.
    1. The polymer is not a cationic polymer nor is it reasonably
anticipated to become a cationic polymer in a natural aquatic
environment.
    2. The polymer does contain as an integral part of its composition
at least two of the atomic elements carbon, hydrogen, nitrogen, oxygen,
silicon, and sulfur.
    3. The polymer does not contain as an integral part of its
composition, except as impurities, any element other than those listed
in 40 CFR 723.250(d)(2)(ii).
    4. The polymer is neither designed nor can it be reasonably
anticipated to substantially degrade, decompose, or depolymerize. An
available biodegradation study supports that propanoic acid, 3-hydroxy-
(hydroxymethyl)-2-methyl-, polymer

with 2-amino-2-methyl-1-propanol, [alpha]-hydro-[omega]-
hydroxypoly[oxy(methyl-1,2-ethanediyl)], 5-isocyanato-1-
(isocyanatomethyl)-1,3,3-trimethylcyclohexane and methyloxirane polymer
with oxirane ether with 4,4'-(1-methylethylidene)bis[phenol] (2:1),
polyethylene-polypropylene glycol 2-aminopropyl Me ether-blocked,
compds. with 2-amino-2-methyl-1-propanol is not readily biodegradable
(MRID 52014302).
    5. The polymer is manufactured or imported from monomers and/or
reactants that are already included on the TSCA Chemical Substance
Inventory or manufactured under an applicable TSCA section 5 exemption.
    6. The polymer is not a water absorbing polymer with a number
average molecular weight (MW) greater than or equal to 10,000 Daltons.
    7. The polymer does not contain certain perfluoroalkyl moieties
consisting of a CF3- or longer chain length as listed in 40 CFR
723.250(d)(6).
    Additionally, the polymer also meets as required the following
exemption criteria: specified in 40 CFR 723.250(e):
    The polymer's number average MW of 6,800 Daltons is greater than
1,000 and less than 10,000 Daltons. The polymer contains less than 10%
oligomeric material below MW 500 and less than 25% oligomeric material
below MW 1,000, and the polymer contains only reactive functional
groups listed in 40 CFR 723.250(e)(1)(ii)(A).
    Thus, propanoic acid, 3-hydroxy-(hydroxymethyl)-2-methyl-, polymer
with 2-amino-2-methyl-1-propanol, [alpha]-hydro-[omega]-
hydroxypoly[oxy(methyl-1,2-ethanediyl)], 5-isocyanato-1-
(isocyanatomethyl)-1,3,3-trimethylcyclohexane and methyloxirane polymer
with oxirane ether with 4,4'-(1-methylethylidene)bis[phenol] (2:1),
polyethylene-polypropylene glycol 2-aminopropyl Me ether-blocked,
compds. with 2-amino-2-methyl-1-propanol meets the criteria for a
polymer to be considered low risk under 40 CFR 723.250. Based on its
conformance to the criteria in this unit, no mammalian toxicity is
anticipated from dietary, inhalation, or dermal exposure to propanoic
acid, 3-hydroxy-(hydroxymethyl)-2-methyl-, polymer with 2-amino-2-
methyl-1-propanol, [alpha]-hydro-[omega]-hydroxypoly[oxy(methyl-1,2-
ethanediyl)], 5-isocyanato-1-(isocyanatomethyl)-1,3,3-
trimethylcyclohexane and methyloxirane polymer with oxirane ether with
4,4'-(1-methylethylidene)bis[phenol] (2:1), polyethylene-polypropylene
glycol 2-aminopropyl Me ether-blocked, compds. with 2-amino-2-methyl-1-
propanol (CAS Reg. No. 515152-49-5).

IV. Aggregate Exposures

    For the purposes of assessing potential exposure under this
exemption, EPA considered that propanoic acid, 3-hydroxy-
(hydroxymethyl)-2-methyl-, polymer with 2-amino-2-methyl-1-propanol,
[alpha]-hydro-[omega]-hydroxypoly[oxy(methyl-1,2-ethanediyl)], 5-
isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane and
methyloxirane polymer with oxirane ether with 4,4'-(1-
methylethylidene)bis[phenol] (2:1), polyethylene-polypropylene glycol
2-aminopropyl Me ether-blocked, compds. with 2-amino-2-methyl-1-
propanol could be present in all raw and processed agricultural
commodities and drinking water, and that non-occupational non-dietary
exposure was possible. The number average MW of propanoic acid, 3-
hydroxy-(hydroxymethyl)-2-methyl-, polymer with 2-amino-2-methyl-1-
propanol, [alpha]-hydro-[omega]-hydroxypoly[oxy(methyl-1,2-
ethanediyl)], 5-isocyanato-1-(isocyanatomethyl)-1,3,3-
trimethylcyclohexane and methyloxirane polymer with oxirane ether with
4,4'-(1-methylethylidene)bis[phenol] (2:1), polyethylene-polypropylene
glycol 2-aminopropyl Me ether-blocked, compds. with 2-amino-2-methyl-1-
propanol is 6,800 Daltons. Generally, a polymer of this size would be
poorly absorbed through the intact gastrointestinal tract or through
intact human skin. Since propanoic acid, 3-hydroxy-(hydroxymethyl)-2-
methyl-, polymer with 2-amino-2-methyl-1-propanol, [alpha]-hydro-
[omega]-hydroxypoly[oxy(methyl-1,2-ethanediyl)], 5-isocyanato-1-
(isocyanatomethyl)-1,3,3-trimethylcyclohexane and methyloxirane polymer
with oxirane ether with 4,4'-(1-methylethylidene)bis[phenol] (2:1),
polyethylene-polypropylene glycol 2-aminopropyl Me ether-blocked,
compds. with 2-amino-2-methyl-1-propanol conform to the criteria that
identify a low-risk polymer, there are no concerns for risks associated
with any potential exposure scenarios that are reasonably foreseeable.
The Agency has determined that a tolerance is not necessary to protect
the public health.

V. Cumulative Effects From Substances With a Common Mechanism of
Toxicity

    Section 408(b)(2)(D)(v) of FFDCA requires that, when considering
whether to establish, modify, or revoke a tolerance, the Agency
consider ``available information'' concerning the cumulative effects of
a particular pesticide's residues and ``other substances that have a
common mechanism of toxicity.''
    EPA has not found propanoic acid, 3-hydroxy-(hydroxymethyl)-2-
methyl-, polymer with 2-amino-2-methyl-1-propanol, [alpha]-hydro-
[omega]-hydroxypoly[oxy(methyl-1,2-ethanediyl)], 5-isocyanato-1-
(isocyanatomethyl)-1,3,3-trimethylcyclohexane and methyloxirane polymer
with oxirane ether with 4,4'-(1-methylethylidene)bis[phenol] (2:1),
polyethylene-polypropylene glycol 2-aminopropyl Me ether-blocked,
compds. with 2-amino-2-methyl-1-propanol to share a common mechanism of
toxicity with any other substances, and propanoic acid, 3-hydroxy-
(hydroxymethyl)-2-methyl-, polymer with 2-amino-2-methyl-1-propanol,
[alpha]-hydro-[omega]-hydroxypoly[oxy(methyl-1,2-ethanediyl)], 5-
isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane and
methyloxirane polymer with oxirane ether with 4,4'-(1-
methylethylidene)bis[phenol] (2:1), polyethylene-polypropylene glycol
2-aminopropyl Me ether-blocked, compds. with 2-amino-2-methyl-1-
propanol does not appear to produce a toxic metabolite produced by
other substances. For the purposes of this tolerance exemption,
therefore, EPA has assumed that propanoic acid, 3-hydroxy-
(hydroxymethyl)-2-methyl-, polymer with 2-amino-2-methyl-1-propanol,
[alpha]-hydro-[omega]-hydroxypoly[oxy(methyl-1,2-ethanediyl)], 5-
isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane and
methyloxirane polymer with oxirane ether with 4,4'-(1-
methylethylidene)bis[phenol] (2:1), polyethylene-polypropylene glycol
2-aminopropyl Me ether-blocked, compds. with 2-amino-2-methyl-1-
propanol does not have a common mechanism of toxicity with other
substances. For information regarding EPA's efforts to determine which
chemicals have a common mechanism of toxicity and to evaluate the
cumulative effects of such chemicals, see EPA's website at https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/cumulative-assessment-risk-pesticides.

VI. Additional Safety Factor for the Protection of Infants and Children

    Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an
additional tenfold (10X) margin of safety for infants and children in
the case of

threshold effects to account for prenatal and postnatal toxicity and
the completeness of the database on toxicity and exposure unless EPA
determines based on reliable data that a different margin of safety
will be safe for infants and children. This additional margin of safety
is commonly referred to as the Food Quality Protection Act (FQPA)
Safety Factor (SF). In applying this provision, EPA either retains the
default value of 10X, or uses a different additional safety factor when
reliable data available to EPA support the choice of a different
factor. Due to the expected low toxicity of propanoic acid, 3-hydroxy-
(hydroxymethyl)-2-methyl-, polymer with 2-amino-2-methyl-1-propanol,
[alpha]-hydro-[omega]-hydroxypoly[oxy(methyl-1,2-ethanediyl)], 5-
isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane and
methyloxirane polymer with oxirane ether with 4,4'-(1-
methylethylidene)bis[phenol] (2:1), polyethylene-polypropylene glycol
2-aminopropyl Me ether-blocked, compds. with 2-amino-2-methyl-1-
propanol, EPA has not used a safety factor analysis to assess the risk.
For the same reasons no additional safety factor is needed for
assessing risk to infants and children.

VII. Determination of Safety

    Based on the conformance to the criteria used to identify a low-
risk polymer, EPA concludes that there is a reasonable certainty of no
harm to the U.S. population, including infants and children, from
aggregate exposure to residues of propanoic acid, 3-hydroxy-
(hydroxymethyl)-2-methyl-, polymer with 2-amino-2-methyl-1-propanol,
[alpha]-hydro-[omega]-hydroxypoly[oxy(methyl-1,2-ethanediyl)], 5-
isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane and
methyloxirane polymer with oxirane ether with 4,4'-(1-
methylethylidene)bis[phenol] (2:1), polyethylene-polypropylene glycol
2-aminopropyl Me ether-blocked, compds. with 2-amino-2-methyl-1-
propanol.

VIII. Other Considerations

Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.

IX. Conclusion

    Accordingly, EPA finds that exempting residues of propanoic acid,
3-hydroxy-(hydroxymethyl)-2-methyl-, polymer with 2-amino-2-methyl-1-
propanol, [alpha]-hydro-[omega]-hydroxypoly[oxy(methyl-1,2-
ethanediyl)], 5-isocyanato-1-(isocyanatomethyl)-1,3,3-
trimethylcyclohexane and methyloxirane polymer with oxirane ether with
4,4'-(1-methylethylidene)bis[phenol] (2:1), polyethylene-polypropylene
glycol 2-aminopropyl Me ether-blocked, compds. with 2-amino-2-methyl-1-
propanol from the requirement of a tolerance will be safe.

X. Statutory and Executive Order Reviews

    This action establishes a tolerance exemption 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
exemption 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).

XI. 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: February 17, 2023.
Daniel Rosenblatt,
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.  180.960, amend table 1 to the section by adding, in
alphabetical order, the polymer ``Propanoic acid, 3-hydroxy-
(hydroxymethyl)-2-methyl-, polymer with 2-amino-2-methyl-1-propanol,
[alpha]-hydro-[omega]-hydroxypoly[oxy(methyl-1,2-ethanediyl)], 5-
isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane and

methyloxirane polymer with oxirane ether with 4,4'-(1-
methylethylidene)bis[phenol] (2:1), polyethylene-polypropylene glycol
2-aminopropyl Me ether-blocked, compds. with 2-amino-2-methyl-1-
propanol, minimum number average molecular weight (in amu), 6,800'' to
read as follows:

Sec.  180.960  Polymers; exemptions from the requirement of a
tolerance.

* * * * *

                        Table 1 to Sec.   180.960
------------------------------------------------------------------------
                         Polymer                              CAS No.
------------------------------------------------------------------------

                              * * * * * * *
Propanoic acid, 3-hydroxy-(hydroxymethyl)-2-methyl-,         515152-49-5
 polymer with 2-amino-2-methyl-1-propanol, [alpha]-hydro-
 [omega]-hydroxypoly[oxy(methyl-1,2-ethanediyl)], 5-
 isocyanato-1-(isocyanatomethyl)-1,3,3-
 trimethylcyclohexane and methyloxirane polymer with
 oxirane ether with 4,4'-(1-methylethylidene)bis[phenol]
 (2:1), polyethylene-polypropylene glycol 2-aminopropyl
 Me ether-blocked, compds. with 2-amino-2-methyl-1-
 propanol, minimum number average molecular weight (in
 amu), 6,800............................................

                              * * * * * * *
------------------------------------------------------------------------

[FR Doc. 2023-03866 Filed 2-24-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 25, 2007 (Volume 72, Number 142)]
[Rules and Regulations]
[Page 40752-40754]
[DOCID:fr25jy07-9]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 174

[EPA-HQ-OPP-2006-0913; FRL-8134-3]

Bacillus thuringiensis Vip3Aa19 Protein in Cotton; Exemption from
the Requirements of a Tolerance; Technical Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION:  Final rule; technical amendment.

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

SUMMARY: EPA issued a direct final rule in the Federal Register of
April 25, 2007 (72 FR 20431), concerning plant-incorporated protectant
tolerance exemptions. On May 9, 2007 EPA issued a final rule revising
the tolerance exemption for Bacillus thuringeniensis Vip3Aa19 in
cotton. This technical amendment is being issued to clarify the status
and the wording of the tolerance exemption for Bacillus thuringeniensis
Vip3Aa19 in cotton.

DATES: This final rule is effective July 25, 2007.

ADDRESSES:  EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2006-0913. To access the
electronic docket, go to http://www.regulations.gov, select ``Advanced

Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov web site to view the docket index or access
available documents. All documents in the docket are listed in the
docket index available in regulations.gov. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the Office

of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Building), 2777 S. Crystal Drive Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT:  Alan Reynolds, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington DC 20460-0001; telephone number:<PHONE_NUMBER>, e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    The Agency included in the final rule a list of those who may be
potentially affected by this action. If you have questions regarding
the applicability of this action to a particular entity, consult the
person listed under the FOR FURTHER INFORMATION CONTACT.

B. How Can I Access Electronic Copies of this Document and Other
Related Information?

    In addition to using regulations.gov, you may access this Federal
Register document electronically through the EPA Internet under the
``Federal Register'' listings at http://www.epa.gov/fedrgstr.

II. What Does this Correction Do?

    In a direct final rule published on April 25, 2007, (72 FR
20431)(FRL-7742-2) EPA took action to move existing active and inert
ingredient plant-incorporated protectant tolerance exemptions from 40
CFR part 180, Tolerances and Exemptions from Tolerances for Pesticide
Chemicals in Food to 40 CFR part 174, Procedures and Requirements for
Plant-Incorporated Protectants, subpart W. EPA also made some
conforming changes to the text of the individual exemptions that were
transferred from part 180 so that they would be consistent with part
174, as well as some minor technical corrections to the wording of
certain individual exemptions. Since this action was issued as a direct
final rule the changes had a delayed effective date and did not become
effective until July 24, 2007. Included in the redesignation and
revision of part 174, subpart W was Sec. 174.452 which was redesignated
as Sec. 174.501.
    In the May 9, 2007 issue of the Federal Register (72 FR 26300), EPA
issued a final rule which extended the temporary exemption from the
requirement of a tolerance for residues of the Bacillus thuringiensis
Vip3Aa19 protein in cotton when applied or used as a plant-incorporated
protectant (PIP) by revising Sec. 174.452. The extension of the
temporary exemptions was requested in a petition submitted by Syngenta
Seeds, Inc. to EPA under the Federal Food, Drug, and Cosmetic Act
(FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
The May 9, 2007 final rule eliminated the need to establish a maximum
permissible level for residues of the Bacillus thuringiensis Vip3Aa19
protein in cotton when applied or used as a PIP on cotton. The
temporary tolerance exemption expires on May 1, 2008.
     Section 174.452 as printed in the May 9, 2007 issued of the
Federal Register codified the current and correct version of the
Bacillus thuringiensis Vip3Aa19 protein in cotton when applied or used
as a PIP on cotton in Sec. 174.452. The May 9, 2007 version of
Sec. 174.452 became effective on May 9, 2007. However, Sec. 174.452 was
redesignated as Sec. 174.501 in the April 25, 2007 issue of the Federal
Register. The redesignation and revision becomes effective no earlier
than July 24, 2007, if no adverse comment is received. Once the direct
final rule becomes effective the revision of Sec. 174.452 as published
in the May 9, 2007 issue of the Federal Register will be wiped out
because Sec. 174.452 will no longer exist. With this technical
amendment EPA is revising Sec. 174.501 to read the same as Sec. 174.452
which, as was stated above, will be eliminated once the direct final
rule becomes effective.

III. Why is this Correction Issued as a Final Rule?

    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(B), provides that, when an Agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the Agency may issue a final rule without
providing notice and an opportunity for public comment. EPA has
determined that there is good cause for making today's technical
correction final without prior proposal and opportunity for comment,
because the original issuance of the revised Sec. 174.452 was properly
executed and the impact of the delayed effective date for the April 25,
2007 final rule removing the content of that section was inadvertent.
EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(B).

IV. Do Any of the Statutory and Executive Order Reviews Apply to this
Action?

    No. This final rule does not impose any new requirements. It only
implements a technical correction to the Code of Federal Regulations
(CFR). As such, this action does not require review by the Office of
Management and Budget (OMB) under Executive Order 12866, entitled
Regulatory Planning and Review (58 FR 51735, October 4, 1993), the
Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., 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 impose any enforceable duty, contain any unfunded mandate, or
impose any significant or unique impact on small governments as
described in the Unfunded Mandates Reform Act of 1995 (UMRA) (Public
Law 104-4). Nor does it require prior consultation with State, local,
and tribal government officials as specified by Executive Order 12875,
entitled Enhancing the Intergovernmental Partnership (58 FR 58093,
October 28, 1993) and Executive Order 13084, entitled Consultation and
Coordination with Indian Tribal Governments (63 FR 27655, May 19,1998),
or special consideration of environmental justice related issues under
Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994). 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 of 1995 (NTTAA),
Public Law since this action is not subject to notice-and-comment
requirements under the Administrative Procedure Act (APA) or any other
statute, it is not subject to the regulatory flexibility provisions of
the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.).
     EPA's compliance with these statutes and Executive Orders for the
May 9, 2007 final rule, which established an extension of the temporary
exemption from the requirement of a tolerance for residues of the
Bacillus thuringiensis Vip3Aa19 protein in cotton when applied or used
as a plant-incorporated protectant (PIP), is discussed in the preamble
for the final rule (72 FR 26300).

V. Congressional Review Act

     The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the Agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. 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 this final rule in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 174

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping requirements.

    Dated: July 17, 2007.
 Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.

0
Therefore, 40 CFR part 174 is amended as follows:

PART 174--[AMENDED]

0
1. The authority citation for part 174 continues to read as follows:

    Authority: 7 U.S.C. 136-136y; 21 U.S.C. 346a and 371.

0
2. Section 174.501 is revised to read as follows:

Sec. 174.501  Bacillus thuringiensis Vip3Aa19 protein in cotton;
temporary exemption from the requirement of a tolerance.

    Residues of Bacillus thuringiensis Vip3Aa19 protein in cotton are
temporarily exempt from the requirement of a tolerance when used as a
plant-incorporated protectant (PIP) in the food and feed commodities of
cotton; vegetative-insecticidal protein in cotton seed, cotton oil,
cotton meal, cotton hay, cotton hulls, cotton forage, and cotton gin
byproducts. This temporary exemption from the requirement of tolerance
will permit the use of the food commodities in this section when
treated in accordance with the provisions of the experimental use
permit (EUP) 67979-EUP-7, which is being issued in accordance with the
provisions of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), as amended (7 U.S.C. 136). This temporary exemption from the
requirement of a tolerance expires and is revoked May 1, 2008.
However,if the EUP is revoked, or if any experience with or scientific
data on this pesticide indicate that the temporary tolerance exemption
is not safe, this temporary exemption from the requirement of a
tolerance may be revoked at any time.
[FR Doc. E7-14373 Filed 7-24-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 87, Number 56 (Wednesday, March 23, 2022)]
[Notices]
[Pages 16470-16471]
[FR Doc No: 2022-06163]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2022-0160; FRL-9409-02-OCSPP]

Pesticide Product Registration; Receipt of Applications for New
Active Ingredients--February 2022

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 22, 2022.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the File Symbol of interest as shown in the body of
this document, through the Federal eRulemaking Portal at 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. Additional instructions on
commenting or visiting the docket, along with more information about
dockets generally, is available at https://www.epa.gov/dockets/about-epa-dockets.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is open to visitors by
appointment only. For the latest status information on EPA/DC services
and access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Biopesticides and
Pollution Prevention Division (BPPD) (7511P), main telephone number:
(703) 305-7090, email address: [email protected]; or Marietta
Echeverria, Registration Division (RD) (7505P), main telephone number:
(703) 305-7090, email address: [email protected]. 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 pesticide petition 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).

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 https://www.epa.gov/dockets/commenting-epa-dockets.

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. For actions being evaluated under EPA's public
participation process for registration actions, there will be an
additional opportunity for public comment on the proposed decisions.
Please see EPA's public participation website for additional
information on this process (http://www2.epa.gov/pesticide-
registration/public-

participation-process-registration-actions).

A. Notice of Receipt--New Active Ingredients

    1. File Symbol: 100-RTNA, 100-RTNE, 100-RTNG, 100-RTNI, 100-RTNL,
100-RTNO, 100-RTNT, 100-RTNU, 100-RTRE, 100-RTRG, 100-RTRN, 100-RTRR,
100-RTRU. Docket ID number: EPA-HQ-OPP-2021-0641. Applicant: Syngenta
Crop Protection, LLC, 410 Swing Road, P.O. Box 18300, Greensboro, NC
27419-8300. Active ingredient: Insecticide--Isocycloseram at 1.0%,
98.0%, 18.3%, 34.8%, 9.35%, 1.71%, 34.8%, 0.71%, 18.3%, 9.27%, 25.7%,
34.8%, 8.26% respectively. Proposed uses: Terrestrial field and
greenhouse food crop uses: Brassica head and stem vegetables (crop
group 5-16); brassica leafy greens (crop subgroup 4-16B); bulb
vegetable (crop group 3-07); citrus fruit (crop group 10-10); corn
(field, popcorn, seed); cotton (crop subgroup 20C); cucurbit vegetables
(crop group 9); fruiting vegetables (crop group 8-10); berry and small
fruit crop group (crop group 13-07); tropical and subtropical fruit,
edible peel group (crop group 23); tropical and subtropical fruit,
inedible peel group (crop group 24); leafy greens (crop subgroup 4-
16A); peanut; pome fruit (crop group 11-10); soybean, stone fruit (crop
group 12-12); tree nuts (crop group 14-12); and tuberous and corm
vegetables (crop subgroup 1C). Terrestrial and Greenhouse Nonfood Uses:
Turfgrass (golf courses; institutional, commercial, and residential
lawns and landscapes; sod farms; sports fields; parks; municipal
grounds; cemeteries); ornamentals (ornamental plants, ornamental bulb,
corm, and tuber crops; conifers; Christmas trees grown in greenhouses
and nurseries; field and container-grown plants grown in outdoor
growing structures (shade houses, lath houses and other growing
structures); conifer and deciduous tree nurseries; forest nurseries;
retail nurseries; outdoor ornamental plants grown in commercial and
residential landscapes; parks; and interior plantscapes. Seed Treatment
Uses: Cereals, small grain (barley, buckwheat, oats, pearl millet,
proso millet, rye, teosinte, triticale, wheat); dried shelled pea and
bean (except soybean) (crop subgroup 6C); onion, bulb (crop subgroup 3-
07A); and rapeseed (crop subgroup 20A). Commercial and Industrial Uses
(Indoor and Outdoor Nonfood): For use in, on, and around institutional
(including schools and daycare facilities), commercial, agricultural
(including livestock, poultry, and companion animal housing) and
industrial facilities (including warehouses, apartments, supermarkets,
restaurants, motels, hotels, hospitals, food-handling/storage/
processing establishments, and zoos); and transportation equipment,
such as aircraft, trains, ships, boats, and buses. Domestic Uses
(Indoor and Outdoor Nonfood): For use in and around single and
multifamily residential buildings. Contact: RD.
    2. File Symbol: 88847-T. Docket ID number: EPA-HQ-OPP-2021-0782.
Applicant: Vestaron Corporation 600 Park Offices, Suite 117, Research
Triangle, NC 27709. Product name: VST-7300 (Basin). Active ingredient:
Insecticide; U1-AGTX-Ta1b-QA at 8.5%. Proposed classification/Use:
Insecticide. Contact: BPPD.
    3. EPA Registration Number: 100506-R. Docket ID number: EPA-HQ-OPP-
2022-0206. Applicant: State University of New York (SUNY) College of
Environmental Science and Forestry, 1 Forestry Dr., Syracuse, NY 13210.
Product name: Darling 58 American Chestnut. Active ingredient: Oxalate
oxidase enzyme and the genetic material necessary for its production at
0.1144%. Proposed classification/Use: Plant-Incorporated Protectant.
Contact: BPPD.

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

    Dated: March 14, 2022.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Program Support.
[FR Doc. 2022-06163 Filed 3-22-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 23 (Wednesday, February 4, 2015)]
[Notices]
[Page 6168]
[FR Doc No: 2015-02159]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2004-20000]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated September 17, 2014, Dallas Area Rapid Transit (DART) has
petitioned the Federal Railroad Administration (FRA) for a waiver of
compliance from certain provisions of the Federal railroad safety
regulations contained at 49 CFR part 229-Railroad Locomotive Safety
Standards and Part 234-Grade Crossing Safety, Including Signal Systems,
State Action Plans, and Emergency Notification Systems. FRA assigned
the petition Docket Number FRA-2004-20000.
    DART, located in Dallas, TX, seeks an extension of its waiver of
compliance from certain regulations for continued operation of its
rail-fixed guide way public transit lines that share a ``limited
connection'' with the general railroad system, specifically with the
Dallas Garland and Northeastern Railroad (DGNO). This request is
consistent with the requirements set forth in the Statement of Agency
Policy Concerning Jurisdiction Over the Safety of Railroad Passenger
Operations and Waivers Related to Shared Use of the Tracks of the
General Railroad System by Light Rail and Conventional Equipment, 65 FR
42529 (July 10, 2000); see also Joint Statement of Agency Policy
Concerning Shared Use of the Tracks of the General Railroad System by
Conventional Railroads and Light Rail Transit Systems, 65 FR 42626
(July 10, 2000).
    DART is expanding its light rail operations, and will double in
size to 93 miles. To date, the final 2.6 miles of expanded service are
scheduled for completion in 2016. Expansion includes various lines that
feature some shared corridor operations with DGNO, with up to 50 or
more total limited connections at shared highway-rail grade crossings.
    Therefore, DART is seeking an extension of the terms and conditions
of its current waiver of compliance from the provisions of 49 CFR
229.125-Headlights and auxiliary lights and 49 CFR 234.105-Activation
failure. DART claims that no modifications or changes have occurred
since the first waiver was granted on May 2, 2005, and extended for 5
years in April 2010. DART also states in its petition that ``since
2010, there is no record of any accidents or safety-related incidents
that occurred in these shared corridor portions covered by the
regulations where these waivers are being requested.''
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2004-20000) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its processes. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.
See also http://www.regulations.gov/#!privacyNotice for the privacy
notice of regulations.gov or interested parties may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477).

    Issued in Washington, DC, on January 28, 2015.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2015-02159 Filed 2-3-15; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: December 20, 2010 (Volume 75, Number 243)]
[Rules and Regulations]
[Page 79300-79302]
[DOCID:fr20de10-10]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2009-0041-201058; FRL-9241-1]

Approval and Promulgation of Implementation Plans; Mississippi;
Prevention of Significant Deterioration Rules: Nitrogen Oxides as a
Precursor to Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve a portion of a revision
to the Mississippi State Implementation Plan (SIP), submitted by the
Mississippi Department of Environmental Quality (MDEQ), to EPA on
November 28, 2007. The revision amends Mississippi's prevention of
significant deterioration (PSD) permitting regulations in the SIP to
address permit requirements promulgated in the 1997 8-Hour Ozone
National Ambient Air Quality Standards (NAAQS) Implementation Rule-
Phase II (hereafter referred to as the ``Ozone Implementation New
Source Review (NSR) Update''). The Ozone Implementation NSR Update
revised permit requirements relating to the implementation of the 1997
8-hour ozone NAAQS specifically incorporating nitrogen oxides
(NOX) as a precursor to ozone. EPA's approval of
Mississippi's provisions to include NOX as an ozone
precursor into the Mississippi SIP is based on EPA's determination that
Mississippi's SIP revision related to these provisions complies with
Federal requirements.

DATES: Effective Date: This rule will be effective January 19, 2011.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2009-0041. All documents in the docket
are listed on the http://www.regulations.gov Web site. Although listed
in the index, some information is not publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through http://www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30 excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: For information regarding the
Mississippi SIP, contact Ms. Twunjala Bradley, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Telephone number: (404) 562-
9352; e-mail address<EMAIL_ADDRESS>For information
regarding NSR/PSD, contact Ms. Yolanda Adams, Air Permits Section, at
the same address above. Telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>For information regarding 8-hour ozone
NAAQS, contact Ms. Jane Spann, Regulatory Development Section, at the
same address above. Telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Today's Action
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On July 18, 1997, EPA promulgated a revised 8-hour ozone NAAQS of
0.08 parts per million--also referred to as the 1997 8-hour ozone
NAAQS. On April 30, 2004, EPA designated areas as attainment,
nonattainment and unclassifiable for the 1997 8-hour ozone NAAQS. As
part of the 2004 designations, EPA also promulgated an implementation
rule for the 1997 8-hour ozone NAAQS in two phases. Phase I of EPA's
1997 8-hour ozone implementation rule (Phase 1 Rule), published on
April 30, 2004, and effective on June 15, 2004, provided the
implementation requirements for designating areas under subpart 1 and
subpart 2 of the CAA. 69 FR 23857.
    On November 29, 2005, EPA promulgated the second phase for
implementation provisions related to the 1997 8-hour ozone NAAQS which
finalized regulations to implement the 8-hour NAAQS for PSD permitting
purposes--also known as the Phase II Rule. 70 FR 71612. The Phase II
Rule addressed control and planning requirements as they applied to
areas

designated nonattainment for the 1997 8-hour ozone NAAQS which included
NSR requirements. Specific to this rulemaking, the Phase II Rule made
changes to Federal regulations 40 CFR 51.165, 51.166, and 52.21, which
govern the nonattainment (NNSR) and PSD permitting programs. The
revisions to the NSR permitting requirements in the Phase II Rule are
also known as the Ozone Implementation NSR Update.
    Specifically, the Phase II Rule requirements included, among other
changes, a new provision stating that NOX is an ozone
precursor. 70 FR 71612 at 71679 (November 29, 2005). In the Phase II
Rule, EPA stated as follows:

    ``The EPA has recognized NOX as an ozone precursor in
several national rules because of its contribution to ozone
transport and the ozone nonattainment problem. The EPA's recognition
of NOX as an ozone precursor is supported by scientific
studies, which have long recognized the role of NOX in
ozone formation and transport. Such formation and transport is not
limited to nonattainment areas. Therefore, we believe NOX
should be treated consistently as an ozone precursor in both our PSD
and nonattainment NSR regulations. For these reasons we have
promulgated final regulations providing that NOX is an
ozone precursor * * *''

In the Phase II Rule, EPA established that States must submit SIPs
incorporating required changes (including the addition of
NOX as a precursor for ozone) no later than June 15, 2007.
See 70 FR 71612 at 71683.
    On November 28, 2007, the State of Mississippi, through MDEQ,
submitted a SIP revision to EPA for approval, which revised the PSD
permitting regulations in order to comply with the Phase II Rule. This
revision incorporates by reference EPA's Federal regulations specified
in the Ozone Implementation NSR Update relating to NOX as an
ozone precursor. Specifically, the SIP revision amends Mississippi's
Air Quality Regulations, Air Pollution Control, Section 5 (APC-S-5)--
``Regulations for the Prevention of Significant Deterioration of Air
Quality.'' Mississippi's November 28, 2007, SIP submittal revises the
PSD regulations at APC-S-5 by updating their IBR date of Federal
regulations promulgated in 40 CFR 52.21. This final action addresses
only one portion of the November 28, 2007, submittal--the Ozone
Implementation NSR Update requirements, as contained in 40 Code of
Federal Regulations (CFR) 52.21 and promulgated on November 29, 2005,
as part of EPA's Ozone Implementation NSR Update.
    Also included in Mississippi's November 28, 2007, SIP revision were
two provisions for which EPA is not taking action at this time. The
first provision is regarding Mississippi's incorporation by reference
of provisions promulgated by EPA on May 1, 2007, which excludes from
the NSR major source permitting requirements ``chemical process
plants'' that produce ethanol through a natural fermentation process.
EPA may consider further action for the aforementioned provision in a
future rulemaking. The second is Mississippi's compliance with Section
110(a)(2)(D)(i) of the CAA regarding interstate air pollution transport
for the 1997 8-hour ozone and fine particulate matter NAAQS as it
pertains to the prevention of significant deterioration of air quality
and visibility. EPA is also not addressing Mississippi's submission
regarding interstate transport in today's action.

II. Today's Action

    Mississippi's November 28, 2007, SIP revision to APC-S-5
incorporates by reference the provisions at 40 CFR 52.21 as amended and
promulgated as of June 15, 2007, and updates Mississippi's existing
incorporation by reference of the Federal NSR program to include the
NOX as an ozone precursor Federal provisions set forth in
the Phase II Rule. EPA has determined that Mississippi's SIP revision,
which became State-effective on September 24, 2007, meets the
requirements of the Phase II Rule and is consistent with section 110 of
the CAA.
    On October 7, 2010, EPA published a rulemaking proposing to approve
the aforementioned revision into the Mississippi SIP. 75 FR 62024. The
comment period closed on November 13, 2010, and no comments, adverse or
otherwise, were received. Details regarding the November 28, 2007, SIP
revision are discussed in the proposed rulemaking and describe the
basis on which EPA is now taking final action on the Mississippi SIP
revision.

III. Final Action

    Pursuant to Section 110 of the CAA, EPA is taking final action to
approve Mississippi's November 28, 2007, SIP revision, which
incorporates NOX as an ozone precursor for PSD purposes into
the Mississippi SIP. The revision included in Mississippi's PSD
permitting program is equivalent to the provision in the Ozone
Implementation NSR Update. EPA is approving these revisions into the
Mississippi SIP because they are consistent with Section 110 CAA and
its implementing regulations.

IV. Statutory and Executive Order Reviews

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

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 18, 2011. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, and Volatile organic
compounds.

    Dated: December 8, 2010.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42.U.S.C. 7401 et seq.

Subpart Z--Mississippi

0
2. Section 52.1270 (c) is amended by revising the entry for ``APC-S-5''
to read as follows:

Sec.  52.1270  Identification of plan.

* * * * *
    (c) * * *

                                                          EPA-Approved Mississippi Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
           State citation                Title/subject       State effective date    EPA approval date                      Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                   APC-S-5--Regulations for the Prevention of Significant Deterioration of Air Quality
--------------------------------------------------------------------------------------------------------------------------------------------------------
All................................  .....................  9/24/2007............  12/20/10 [Insert       APC-S-5 incorporates by reference the
                                                                                citation of            regulations found at 40 CFR 52.21 as of June
                                                                                publication].          15, 2007; This EPA action is approving the
                                                                                incorporation by reference with the exception
                                                                                of the phrase ``except ethanol production
                                                                                facilities producing ethanol by natural
                                                                                fermentation under the North American
                                                                                Industry Classification System (NAICS) codes
                                                                                325193 or 312140,'' APC-S-5 incorporated by
                                                                                reference from 40 CFR 52.21(b)(1)(i)(a) and
                                                                                (b)(1(iii)(t). APC-S-5.
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2010-31893 Filed 12-17-10; 8:45 am]
BILLING CODE 6560-50-P