[Federal Register Volume 85, Number 2 (Friday, January 3, 2020)]
[Notices]
[Pages 307-309]
[FR Doc No: 2019-28335]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2018-0014; FRL-10002-91]

Cancellation Order for Certain Pesticide Registrations and
Amendments To Terminate Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the cancellations and
amendments to terminate uses, voluntarily requested by the registrants
and accepted by the Agency, of the products listed in Table 1 and Table
2 of Unit II, pursuant to the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). This cancellation order follows an October 25,
2019 Federal Register Notice of Receipt of Requests from the
registrants listed in Table 3 of Unit II to voluntarily cancel and
amend to terminate uses of these product registrations. In the October
25, 2019 notice, EPA indicated that it would issue an order
implementing the cancellations and amendments to terminate uses, unless
the Agency received substantive comments within the 30-day comment
period that would merit its further review of these requests, or unless
the registrants withdrew their requests. The Agency did not receive any
comments on the notice. Further, the registrants did not withdraw their
requests. Products, 45728-29, 57787-14, OR-160011 & WA-020030, have
been removed from this cancellation order because they are already
listed in a maintenance fee cancellation notice. Accordingly, EPA
hereby issues in this notice a cancellation order granting the
requested cancellations and amendments to terminate uses. Any
distribution, sale, or use of the products subject to this cancellation
order is permitted only in accordance with the terms of this order,
including any existing stocks provisions.

DATES: The cancellations and amendments are effective January 3, 2020.

FOR FURTHER INFORMATION CONTACT: Christopher Green, Information
Technology and Resources Management Division (7502P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2018-0014, is available at http://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 is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

II. What action is the Agency taking?

    This notice announces the cancellations and amendments to terminate
uses, as requested by registrants, of products registered under FIFRA
section 3 (7 U.S.C. 136a). These registrations are listed in sequence
by registration number in Table 1 and Table 2 of this unit.

                     Table 1--Product Cancellations
------------------------------------------------------------------------
                                                             Active
  Registration No.      Company No.     Product name       ingredients
------------------------------------------------------------------------
228-709.............             228  Super Boll......  Ethephon.
464-782.............             464  Aqucar PS 20      Tetrakis(hydroxy
                                       Water Treatment   methyl)phosphon
                                       Microbiocide.     ium sulphate
                                                         (THPS).
464-8126............             464  Aqucar PS 75      Tetrakis(hydroxy
                                       Water Treatment   methyl)phosphon
                                       Microbiocide.     ium sulphate
                                                         (THPS).
464-8127............             464  Aqucar THPS       Tetrakis(hydroxy
                                       75MFG Water       methyl)phosphon
                                       Treatment         ium sulphate
                                       Microbiocide.     (THPS).
464-8129............             464  Aqucar PS 75C     Tetrakis(hydroxy
                                       MUP Water         methyl)phosphon
                                       Treatment         ium sulphate
                                       Microbiocide.     (THPS).
1258-1279...........            1258  Pool Breeze Pool  Lithium
                                       Care System       hypochlorite.
                                       Shock 35.
1381-227............            1381  Imidacloprid 75%  Imidacloprid.
                                       WSP Turf
                                       Insecticide.
2792-28.............            2792  Deccosol 122      o-Phenylphenol,
                                       Concentrate.      sodium salt.
2792-54.............            2792  Deccosan 315....  Alkyl* dimethyl
                                                         benzyl ammonium
                                                         chloride
                                                         *(60%C14,
                                                         30%C16, 5%C18,
                                                         5%C12 & Alkyl*
                                                         dimethyl
                                                         ethylbenzyl
                                                         ammonium
                                                         chloride
                                                         *(68%C12,
                                                         32%C14).
7313-25.............            7313  Clear Wood        Folpet &
                                       Preservative.     Carbamic acid,
                                                         butyl-, 3-iodo-
                                                         2-propynyl
                                                         ester.
7364-94.............            7364  Poolcare Lithium  Lithium
                                                         hypochlorite.
8660-150............            8660  Vertagreen        Oryzalin.
                                       Fertilizer With
                                       1% Surflan.
34688-80............           34688  Aquatreat DNM-9.  Nabam & Sodium
                                                         dimethyldithioc
                                                         arbamate.
34688-81............           34688  Aquatreat DNM-    Nabam & Sodium
                                       360.              dimethyldithioc
                                                         arbamate.
62719-605...........           62719  Clincher EZ.....  Cyhalofop-butyl.

62719-613...........           62719  Clincher GR.....  Cyhalofop-butyl.
62719-647...........           62719  Clincher Granule  Cyhalofop-butyl.
62719-651...........           62719  Clincher 5G.....  Cyhalofop-butyl.
69681-7.............           69681  Clor Mor Lithium  Lithium
                                       Shock.            hypochlorite.
69681-35............           69681  Clor Mor Silver   Nanosilver 002.
                                       Algaecide.
70127-2.............           70127  Novozymes         Bacillus
                                       Biofungicide      licheniformis
                                       Green Releaf      strain SB3086 &
                                       710-140.          Indole-3-
                                                         butyric acid.
70127-3.............           70127  Novozymes         Indole-3-butyric
                                       Biofungicide      acid & Bacillus
                                       145F.             licheniformis
                                                         strain SB3086.
85678-54............           85678  Flucarbazone      Flucarbazone-
                                       Technical.        sodium.
87663-2.............           87663  Emery Agro 7010   Pelargonic acid,
                                       Ready-To-Use      ammonium salt.
                                       (RTU).
87663-4.............           87663  Emery Agro 7030   Pelargonic acid,
                                       Concentrate.      ammonium salt.
87663-5.............           87663  Emery Agro 7040   Pelargonic acid,
                                       Ready-To-Use      ammonium salt.
                                       (RTU).
87663-6.............           87663  Emerion 7001      Pelargonic acid,
                                       Concentrate.      ammonium salt.
87663-7.............           87663  Emerion 7031      Pelargonic acid,
                                       Concentrate.      ammonium salt.
87703-1.............           87703  8 in 1 Bird       Paradichlorobenz
                                       Protector.        ene.
88356-1.............           88356  Niccanon ZP-700.  Zinc pyrithione.
CA-070010...........           71711  Talus 40 SC       Buprofezin.
                                       Insect Growth
                                       Regulator.
CA-080013...........           62719  Lorsban Advanced  Chlorpyrifos.
CA-140001...........           70506  Manzate Pro-      Mancozeb.
                                       Stick Fungicide.
CO-030009...........             400  Terrazole 4EC...  Etridiazole.
CO-070004...........           66222  Rimon 0.83 EC...  Novaluron.
KS-170003...........           10163  Treflan TR-10...  Trifluralin.
OR-060021...........           66222  Rimon 0.83 EC...  Novaluron.
OR-080024...........             279  Fyfanon ULV AG..  Malathion (NO
                                                         INERT USE).
SD-150001...........           62719  Enlist Duo......  2,4-D, Choline
                                                         salt & Glycine,
                                                         N-
                                                         (phosphonomethy
                                                         l)-, compd.
                                                         with N-
                                                         methylmethanami
                                                         ne (1:1).
TX-060016...........           56228  Compound DRC-     Starlicide.
                                       1339
                                       Concentrate--Li
                                       vestock, Nest &
                                       Fodder
                                       Depredations.
UT-170006...........           10163  Treflan TR-10...  Trifluralin.
------------------------------------------------------------------------

                           Table 2--Product Registration Amendments to Terminate Uses
----------------------------------------------------------------------------------------------------------------
     Registration No.        Company No.        Product name          Active ingredient    Uses to be terminated
----------------------------------------------------------------------------------------------------------------
1475-21..................            1475  Paradichlorobenzene...  Paradichlorobenzene...  Bird cage use.
42750-148................           42750  Propazine 4L..........  Propazine.............  Greenhouse use.
42750-149................           42750  Propazine Technical...  Propazine.............  Greenhouse use.
46923-11.................           46923  Copper Sulfate          Copper sulfate          Wood preservative
                                            Pentahydrate            pentahydrate.           use.
                                            Technical.
80990-3..................           80990  Agri-Seed 50 WP.......  Streptomycin sulfate..  Residential use.
87108-1..................           87108  PDCB Molten             Paradichlorobenzene...  Bird use.
                                            Insecticide.
87108-2..................           87108  PDCB Flakes...........  Paradichlorobenzene...  Bird use.
----------------------------------------------------------------------------------------------------------------

    Table 3 of this unit includes the names and addresses of record for
all the registrants of the products listed in Tables 1 and 2 of this
unit, in sequence by EPA company number. This number corresponds to the
first part of the EPA registration numbers of the products listed in
Table 1 and Table 2 of this unit.

         Table 3--Registrants of Cancelled and Amended Products
------------------------------------------------------------------------
             EPA company No.                 Company name and address
------------------------------------------------------------------------
228.....................................  NuFarm Americas, Inc., 4020
                                           Aerial Center Pkwy., Ste.
                                           101, Morrisville, NC 27560.
279.....................................  FMC Corporation, 2929 Walnut
                                           Street, Philadelphia, PA
                                           19104.
400.....................................  Macdermid Agricultural
                                           Solutions, Inc., C/O Arysta
                                           Lifescience North America,
                                           LLC, Agent Name: UPL NA Inc.,
                                           630 Freedom Business Center,
                                           #402, King of Prussia, PA
                                           19406.
464.....................................  DDP Specialty Electronic
                                           Materials US, Inc., 1501
                                           Larkin Center Drive, Midland,
                                           MI 48674.
1258....................................  Arch Chemicals, Inc., 1200
                                           Bluegrass Lakes Parkway,
                                           Alpharetta, GA 30004.
1381....................................  Winfield Solutions, LLC, P.O.
                                           Box 64589, St. Paul, MN 55164-
                                           0589.
1475....................................  Willert Home Products, Inc.,
                                           4044 Park Avenue, St. Louis,
                                           MO 63110.
2792....................................  Decco US Post-Harvest, Inc.,
                                           1713 South California Avenue,
                                           Monrovia, CA 91016-0120.
7313....................................  PPG Architectural Finishes,
                                           Inc., Agent Name: PPG
                                           Architectural Finishes, Inc.,
                                           440 College Park,
                                           Monroeville, PA 15146.
7364....................................  Innovative Water Care, LLC, D/
                                           B/A GLB Pool & Spa, 1400
                                           Bluegrass Lakes Parkway,
                                           Alpharetta, GA 30004.
8660....................................  United Industries Corp., D/B/A
                                           Sylorr Plant Corp., P.O. Box
                                           142642, St. Louis, MO 63114-
                                           0642.
10163...................................  Gowan Company, P.O. Box 5569,
                                           Yuma, AZ 85366.
34688...................................  Akzo Nobel Surface Chemistry,
                                           LLC, 525 W Van Buren St.,
                                           Chicago, IL 60607-3823.

42750...................................  Albaugh, LLC, P.O. Box 2127,
                                           Valdosta, GA 31604-2127.
46923...................................  Old Bridge Chemicals, Inc.,
                                           Agent Name: Landis
                                           International, Inc., 3185
                                           Madison Highway, P.O. Box
                                           5126, Valdosta, GA 31603-
                                           5126.
56228...................................  U.S. Department of
                                           Agriculture, Animal and Plant
                                           Health Inspection Service,
                                           4700 River Road, Unit 149,
                                           Riverdale, MD 20737.
62719...................................  Dow Agrosciences, LLC, 9330
                                           Zionsville Rd., 308/2E,
                                           Indianapolis, IN 46268-1054.
66222...................................  Makhteshim Agan of North
                                           America, Inc., D/B/A Adama,
                                           3120 Highwoods Blvd., Suite
                                           100, Raleigh, NC 27604.
69681...................................  Allchem Performance Products,
                                           Inc., 6010 NW First Place,
                                           Gainesville, FL 32607.
70127...................................  Novozymes Biologicals, Inc.,
                                           Agent Name: Exponent, Inc.,
                                           1150 Conn. Ave. NW, Suite
                                           1100, Washington, DC 20036.
70506...................................  UPL NA, Inc., 630 Freedom
                                           Business Center, Suite 402,
                                           King of Prussia, PA 19406.
71711...................................  Nichino America, Inc., 4550
                                           Linden Hill Road, Suite 501,
                                           Wilmington, DE 19808.
80990...................................  Agrosource, Inc., P.O. Box
                                           3091, Tequesta, FL 33469.
85678...................................  Redeagle International, LLC,
                                           Agent Name: Wagner Regulatory
                                           Associates, Inc., P.O. Box
                                           640, Hockessin, DE 19707.
87108...................................  Jiangsu Yangnong Chemical
                                           Group Co., Ltd., Agent Name:
                                           Landis International, Inc.,
                                           P.O. Box 5126, Valdosta, GA
                                           31603-5126.
87663...................................  Emery Oleochemicals, LLC, 4900
                                           Este Avenue, Cincinnati, OH
                                           45232.
87703...................................  Spectrum Brands Pet Group,
                                           Inc., D/B/A United Pet Group,
                                           Inc., 3001 Commerce Street,
                                           Blacksburg, VA 24060.
88356...................................  Nicca USA, Inc., 1044 S.
                                           Nelson Dr., Fountain Inn, SC
                                           29644.
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to
Comments

    During the public comment period provided, EPA received no comments
in response to the October 25, 2019 Federal Register (84 FR 57418)
(FRL-10000-07) notice announcing the Agency's receipt of the requests
for voluntary cancellations and amendments to terminate uses of
products listed in Tables 1 and 2 of Unit II.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)(1)), EPA hereby
approves the requested cancellations and amendments to terminate uses
of the registrations identified in Tables 1 and 2 of Unit II.
Accordingly, the Agency hereby orders that the product registrations
identified in Tables 1 and 2 of Unit II are canceled and amended to
terminate the affected uses. The effective date of the cancellations
and amendments listed in Table 1 and Table 2 that are subject of this
notice is January 3, 2020. Any distribution, sale, or use of existing
stocks of the products identified in Tables 1 and 2 of Unit II in a
manner inconsistent with any of the provisions for disposition of
existing stocks set forth in Unit VI will be a violation of FIFRA.

V. What is the Agency's authority for taking this action?

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a
registrant of a pesticide product may at any time request that any of
its pesticide registrations be canceled or amended to terminate one or
more uses. FIFRA further provides that, before acting on the request,
EPA must publish a notice of receipt of any such request in the Federal
Register. Thereafter, following the public comment period, the EPA
Administrator may approve such a request. The notice of receipt for
this action was published for comment in the October 25, 2019 Federal
Register. The comment period closed on November 25, 2019.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
action. The existing stocks provision for the products subject to this
order is as follows.

A. For products 464-782; 464-8126; 464-8127 & 464-8129

    The registrant of products 464-782; 464-8126; 464-8127 & 464-8129,
listed in Table 1, has requested 18-months to sell existing stocks. The
registrant will be permitted to sell and distribute existing stocks of
these products for 18-months after the effective date of the
cancellation, which will be the date of publication of the cancellation
order in the Federal Register.
    For all other voluntary cancellations, identified in Table 1 of
Unit II, the registrants may continue to sell and distribute existing
stocks of the products listed in Table 1 until January 4, 2021, which
is one year after publication of this cancellation order in the Federal
Register. Thereafter, the registrants are prohibited from selling or
distributing the products listed in Table 1 of Unit II, except for
export in accordance with FIFRA section 17 (7 U.S.C. 136o) or for
proper disposal.
    Now that EPA has approved product labels reflecting the requested
amendments to terminate uses, registrants are permitted to sell or
distribute products listed in Table 2 of Unit II under the previously
approved labeling until July 6, 2021, a period of 18 months after
publication of the cancellation order in this Federal Register, unless
other restrictions have been imposed. Thereafter, registrants will be
prohibited from selling or distributing the products whose labels
include the terminated uses identified in Table 2 of Unit II, except
for export consistent with FIFRA section 17 or for proper disposal.
    Persons other than the registrant may sell, distribute, or use
existing stocks of canceled products and products whose labels include
the terminated uses until supplies are exhausted, provided that such
sale, distribution, or use is consistent with the terms of the
previously approved labeling on, or that accompanied, the canceled
products and terminated uses.

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

    Dated: December 12, 2019.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Pesticide Programs.
[FR Doc. 2019-28335 Filed 1-2-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 207 (Thursday, October 27, 2022)]
[Notices]
[Pages 65055-65057]
[FR Doc No: 2022-23423]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8519-04-R1]

Notice of Availability of Draft NPDES Small Wastewater Treatment
Facilities General Permits Modification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Availability of Draft NPDES General Permits
Modification MAG580000 and NHG580000.

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SUMMARY: The Director of the Water Division, U.S. Environmental
Protection Agency--Region 1 (EPA), is providing a Notice of
Availability for the Draft National Pollutant Discharge Elimination
System (NPDES) Small Wastewater Treatment Facility General Permit
(Small WWTF GP) Modification for discharges to certain waters of the
Commonwealth of Massachusetts and the State of New Hampshire. This
Draft NPDES Small WWTF GP Modification (``Draft General Permit
Modification'')

establishes effluent limitations and requirements, effluent and ambient
monitoring requirements, reporting requirements, and standard
conditions for 21 additional eligible facilities currently covered by
individual NPDES permits (see Attachment E of the Draft General Permit
Modification for a list of WWTFs being added to the General Permit; 11
in Massachusetts, 10 in New Hampshire, and 2 Co-Permittees in New
Hampshire). The Draft General Permit Modification is available on EPA
Region 1's website at https://www.epa.gov/npdes-permits/region-1-draft-small-wastewater-treatment-facilities-general-permit-modification. The
Statement of Basis for the Draft General Permit Modification sets forth
principal facts and the significant factual, legal, methodological, and
policy questions considered in the development of the Draft General
Permit Modification and is also available at this website.

DATES: Public comments must be received by January 25, 2023.

ADDRESSES: Written comments on the Draft General Permit Modification
may be mailed to U.S. EPA Region 1, Water Division, Attn: Michele
Duspiva, 5 Post Office Square, Suite 100, Mail Code 06-4, Boston,
Massachusetts 02109-3912, or sent via email to:
[email protected]. If comments are submitted in hard copy form,
please also email a copy to the EPA contact above.

FOR FURTHER INFORMATION CONTACT: The administrative record and
additional information concerning the Draft General Permit Modification
may be obtained from Michele Duspiva, U.S. EPA Region 1, Water
Division, 5 Post Office Square, Suite 100, Mail Code 06-4, Boston, MA
02109-3912; telephone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:
    Public Comment Information: Interested persons may submit written
comments on the Draft General Permit Modification to EPA Region 1 at
the address listed above. In reaching a final decision on this Draft
General Permit Modification, the Regional Administrator will respond to
all significant comments and make responses available to the public on
EPA Region 1's website. All comments must be postmarked or delivered by
the close of the public comment period.
    General Information: The Draft General Permit Modification includes
effluent limitations and requirements for eligible facilities based on
technology and/or water quality considerations of the unique discharges
from these facilities. The effluent limits established in the Draft
General Permit Modification ensure that the surface water quality
standards of the receiving water(s) will be attained and/or maintained.
    Obtaining Authorization: To obtain coverage under the General
Permit, facilities meeting the eligibility requirements outlined in
Part I of this General Permit may submit a notice of intent (NOI) in
accordance with Part V of this General Permit and 40 CFR
122.28(b)(2)(i) & (ii). The contents of the NOI shall include at a
minimum, the legal name and address of the owner or operator, the
facility name and address, type of facility or discharges, the
receiving stream(s) and be signed by the operator in accordance with
the signatory requirements of 40 CFR 122.22. Alternately, based on 40
CFR 122.28(b)(2)(vi), the Director may notify a discharger that it is
covered by a general permit, even if the discharger has not submitted
an NOI to be covered. EPA has determined that the facilities identified
in Attachment E of the Draft General Permit Modification all meet the
eligibility requirements for coverage under the Draft General Permit
and may be authorized to discharge under the General Permit
Modification by this type of notification.
    Other Legal Requirements: Endangered Species Act (ESA): In
accordance with the ESA, EPA has updated the provisions and necessary
actions and documentation related to potential impacts to endangered
species from WWTFs being added for coverage under the Draft General
Permit Modification. Concurrently with the public notice of the Draft
General Permit Modification, EPA has initiated an informal consultation
with the National Oceanic and Atmospheric Administration, National
Marine Fisheries Service (NOAA Fisheries) under ESA section 7, through
the submission of a letter and biological assessment (BA) summarizing
the results of EPA's assessment of the potential effects to endangered
and threatened species and their critical habitats under NOAA Fisheries
jurisdiction as a result of EPA's issuance of the Draft General Permit
Modification. In this document, EPA has made a preliminary
determination that the proposed issuance of the Draft General Permit
Modification is not likely to adversely affect the shortnose sturgeon,
Atlantic sturgeon, leatherback sea turtles, loggerhead sea turtles,
Kemp's ridley sea turtles, green sea turtles, North Atlantic right
whales, and fin whales. EPA has requested that NOAA Fisheries review
this submittal and inform EPA whether it concurs with this preliminary
finding.
    In addition, EPA has initiated an informal consultation with the
U.S. Fish and Wildlife Service (USFWS) under ESA section 7, through the
submission of a letter summarizing the results of EPA's assessment of
the potential effects to endangered and threatened species and their
critical habitats under USFWS jurisdiction as a result of EPA's
issuance of the Draft General Permit Modification. In this document,
EPA has made a preliminary determination that the proposed issuance of
the Draft General Permit Modification is not likely to adversely affect
the northern long-eared bat. EPA has completed an informal consultation
with USFWS regarding the threatened northern long-eared bat, as
activities conducted as part of the Small WWTF GP Modification are
consistent with activities analyzed in the USFWS January 5, 2016,
Programmatic Biological Opinion (PBO).
    Essential Fish Habitat (EFH): Under the 1996 Amendments (Pub. L.
104-267) to the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq. (1998)), EPA is required to consult with
NOAA Fisheries if EPA's actions or proposed actions that it funds,
permits or undertakes ``may adversely impact any essential fish
habitat.'' 16 U.S.C. 1855(b). This consultation will only include an
analysis of the proposed additional facilities and will not include the
facilities that are already covered based on the 2021 issuance of the
General Permit. In the Statement of Basis accompanying the Draft
General Permit Modification, EPA notes that the general permit action
minimizes adverse effects to aquatic organisms, including those with
designated EFH in the receiving waters. EFH species associated with the
receiving waters of facilities covered by the Draft General Permit
Modification may include Atlantic salmon as well as the life stages of
a number of coastal EFH designated species, along with two habitat
areas of particular concern. EPA has made the determination that
additional mitigation is not warranted under Section 305(b)(2) of the
Magnuson-Stevens Act and has provided this determination to NOAA
Fisheries for their review.
    National Historic Preservation Act (NHPA): Facilities which
adversely affect properties listed or eligible for listing in the
National Registry of Historic Places under the NHPA are not authorized
to discharge under the Draft General Permit Modification. Based on the
nature and location of the discharges, EPA has determined that all
facilities eligible for authorization under the Draft General Permit do
not have the potential to affect a property that is

either listed or eligible for listing on the National Register of
Historic Places.
    Coastal Zone Management Act (CZMA): The CZMA, 16 U.S.C. 1451 et
seq., and its implementing regulations (15 CFR part 930) require a
determination that any federally licensed activity affecting the
coastal zone with an approved Coastal Zone Management Program (CZMP) is
consistent with the CZMA.
    On June 7, 2021, the Massachusetts CZMP determined that the Small
WWTF GP is consistent with its enforceable policies. Concurrent with
the public notice EPA will request that the Executive Office of
Environmental Affairs, MA CZM, Project Review Coordinator provide a
consistency concurrence that the proposed Small WWTF GP Modification is
consistent with the MA CZMP.
    On June 7, 2021, the New Hampshire Coastal Program (NHCP)
determined that the Small WWTF GP is consistent with its enforceable
policies. On June 30, 2022, the NHCP determined that any additional
facilities that qualify for coverage under the Small WWTF GP are also
consistent with its enforceable policies. On June 30, 2022, EPA
submitted a formal letter to NHCP describing this determination.
Therefore, additional CZMA federal consistency review by the NHCP is
not required.
    Authority: This action is being taken under the Clean Water Act, 33
U.S.C. 1251 et seq.

David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2022-23423 Filed 10-26-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 144 (Monday, July 27, 2020)]
[Notices]
[Pages 45274-45275]
[FR Doc No: 2020-16160]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89366; File No. SR-NYSEArca-2020-61]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change to Amend Rule 1.1
to Include Active Proxy Portfolio Shares, Tracking Fund Shares, Proxy
Portfolio Shares, and Index Fund Shares

July 21, 2020.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on July 10, 2020, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the self-regulatory organization. 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\ 15 U.S.C. 78a.
    \3\ 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 proposes to amend Rule 1.1 to include Active Proxy
Portfolio Shares, Tracking Fund Shares, Proxy Portfolio Shares, and
Index Fund Shares in the definition of ``UTP Derivative Securities
Product.'' The proposed rule change is available on the Exchange's
website at www.nyse.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 1.1(k), which sets forth the
meanings of ``Derivative Securities Product'' and ``UTP Derivative
Securities Product'' as those terms are used in Exchange rules.
    Specifically, the Exchange proposes to amend the definition of
``UTP Derivative Securities Product'' to include Active Proxy Portfolio
Shares listed pursuant to NYSE Arca Rule 8.601-E, Tracking Fund Shares
listed pursuant to Cboe BZX Exchange, Inc. (``BZX'') Rule 14.11(m), and
Proxy Portfolio Shares which may in the future be listed pursuant to
Nasdaq Stock Market LLC (``Nasdaq'') Rule 5750 \4\ as additional types
of Derivative Securities Products that may trade on the Exchange
pursuant to unlisted trading privileges (``UTP'').
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    \4\ Active Proxy Portfolio Shares, Tracking Fund Shares, and
Proxy Portfolio Shares are substantially similar products with
different names and generally refer to shares of actively managed
exchange-traded funds for which the portfolio is disclosed in
accordance with standard mutual fund disclosure rules. See
Securities Exchange Act Release No. 89185 (June 29, 2020) (order
approving NYSE Arca Rule 8.601-E); Securities Exchange Act Release
No. 88887 (May 15, 2020), 85 FR 30990 (May 21, 2020) (order
approving BZX Rule 14.11(m)); Securities Exchange Act Release No.
89110 (June 22, 2020), 85 FR 38461 (June 26, 2020) (Notice of Filing
and Immediate Effectiveness of Proposed Rule Change to Adopt Nasdaq
Rule 5750 to List and Trade Proxy Portfolio Shares). On June 4,
2020, BZX commenced trading its first securities listed under BZX
Rule 14.11(m) (Fidelity Blue Chip Growth ETF (FBCG), Fidelity Blue
Chip Value ETF (FBCV), and Fidelity New Millennium ETF (FMIL)).
Although Nasdaq has rules pertaining to Proxy Portfolio Shares, it
does not yet list any such product.
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    To effect this change, the Exchange proposes to add a bullet point
listing ``Active Proxy Portfolio Shares listed pursuant to NYSE Arca,
Inc. Rule 8.601-E, Tracking Fund Shares listed pursuant to Cboe BZX
Exchange, Inc. Rule 14.11(m), and Proxy Portfolio Shares listed
pursuant to Nasdaq Stock Market LLC Rule 5750'' in Rule 1.1(k) to
include them in the enumerated list of Derivative Securities Products
that may trade on the Exchange on a UTP basis. The Exchange also
proposes non-substantive changes accommodate the addition of this
bullet point as the final item in the bulleted list in Rule 1.1(k).
    The Exchange also proposes to amend Rule 1.1(k) to include Index
Fund Shares listed pursuant to BZX Rule 14.11(c) or Nasdaq Rule 5705(b)
as a type of Derivative Securities Product that may trade pursuant to
UTP. To effect this change, the Exchange proposes to amend the existing
bullet point listing ``Investment Company Units'' to include Index Fund
Shares as the alternative name for the same product. Accordingly, the
Exchange proposes to revise the bullet point to list ``Investment
Company Units listed pursuant to NYSE Arca, Inc. Rule 5.2-E(j)(3) and
Index Fund Shares listed pursuant to Cboe BZX Exchange, Inc. Rule
14.11(c) or Nasdaq Stock Exchange LLC Rule 5705(b).''
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\5\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\6\ in particular, because it
is designed to remove impediments to and perfect the mechanism of a
free and open market, to promote just and equitable principles of
trade, and, in general, to protect investors and the public interest.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4) & (5).
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    The proposed rule change is designed to remove impediments to and
perfect the mechanism of a free and open market, promote just and
equitable principles of trade, and, in general, to protect investors
and the public interest because it modifies Rule 1.1(k) to state the
complete list of Derivative Securities Products that may trade on a UTP
basis on the Exchange, providing specificity, clarity, and transparency
in the Exchange's rules. Moreover, the proposed rule change will
facilitate the trading of additional types of Derivative Securities
Products on the Exchange pursuant to UTP, thereby enhancing competition
among market participants for the benefit of investors and the
marketplace.

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

    The Exchange does not believe that the proposed rule change will
impose

any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The proposed change would
provide the public and investors with up-to-date information about the
types of Derivative Securities Products that can trade on the Exchange
on a UTP basis and would promote competition by adding additional types
of Derivative Securities Products that may trade on the Exchange
pursuant to UTP.

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

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

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

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; or (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate if consistent with the protection of
investors and the public interest, it has become effective pursuant to
Section 19(b)(3)(A) of the Act \7\ and Rule 19b-4(f)(6) thereunder.\8\
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 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 \9\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \10\ 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 so that
the proposal may become operative upon filing. The Exchange believes
that a waiver of the operative delay is consistent with the protection
of investors and the public interest because it would allow for the
immediate trading, pursuant to UTP, of Active Proxy Portfolio Shares,
Tracking Fund Shares, and Proxy Portfolio Shares on the Exchange and
therefore would provide investors with an additional trading venue
option. In addition, the proposal would specifically name products
substantially similar to Investment Company Units known as Index Fund
Shares on other exchanges in the list of product that may trade on the
Exchange pursuant to unlisted trading privileges. The Commission
believes that waiver of the 30-day operative delay is consistent with
the protection of investors and the public interest. Therefore, the
Commission hereby waives the operative delay and designates the
proposed rule change operative upon filing.\11\
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    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ 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.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2020-61 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2020-61. 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-NYSEArca-2020-61 and should be submitted
on or before August 17, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-16160 Filed 7-24-20; 8:45 am]
BILLING CODE 8011-01-P