[Federal Register: July 9, 2007 (Volume 72, Number 130)]
[Notices]
[Page 37288-37289]
[DOCID:fr09jy07-127]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55995; File No. SR-NYSE-2007-58]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to NYSE Rule 104.10(6)

June 29, 2007.
    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 June 28, 2007, the New York Stock Exchange LLC, Inc. (``NYSE''
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 substantially prepared by the NYSE. The
NYSE has designated the proposed rule change as a ``non-controversial''
rule change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule
19b-4(f)(6) thereunder,\4\ which renders the proposed rule change
effective upon filing with the Commission. 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(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The NYSE is proposing to extend for three (3) months the current
pilot related to specialist stabilization requirements operating
pursuant to Exchange Rule 104.10(6) (Specialist Transactions in Active
Securities that Establish or Increase the Specialist's Position)
(``Stabilization Pilot''),\5\ that is scheduled to terminate on June
30, 2007. Additionally, the Exchange seeks to make technical changes to
Rule 104.10 to correct the numbering of certain subparagraphs of the
Rule. The text of the proposed rule change is available on NYSE's Web
site at http://www.nyse.com, at NYSE's principal office, and at the

Commission's Public Reference Room.
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    \5\ See Securities Exchange Act Release No. 54860 (December 1,
2006), 71 FR 71221 (December 8, 2006) (SR-NYSE 2006-76).
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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 NYSE 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 NYSE 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 is proposing to extend the operation of the
Stabilization Pilot pursuant to Exchange Rule 104.10(6) from June 30,
2007 to September 30, 2007. The Exchange is further requesting through
this filing to make technical amendments to the Rule in order to
correct the numbering of certain subparagraphs.
a. Stabilization Pilot
    On December 1, 2006, the Commission approved changes to NYSE Rules
104.10(5) and 104.10(6) governing specialist stabilization
requirements.\6\ The amendments to the Rule moved away from defining
stabilization in terms of the last sale to focus on market conditions,
the type of trade in question and the specialist's existing position.
The amendments to Exchange Rule 104.10(6) govern Conditional
Transactions (as defined below) in active securities.\7\
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    \6\ See Securities Exchange Act Release No. 54860, supra note 5.
    \7\ ``Active'' securities are: (a) Securities comprising the S&P
500(r) Stock Index; (b) securities trading on the Exchange during
the first five trading days following their initial public offering
of such securities; and (c) securities that have been designated as
``active'' by a Floor Official subject to the provisions of the
Rule.
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    Pursuant to the Stabilization Pilot, specialists can trade in
active securities that establish or increase a position by reaching
across the market to trade in the Exchange published bid (in the case
of a specialist's sale) or offer (in the case of a specialist's
purchase) when such bid (offer) is priced below (above) the last
differently priced published bid (offer) (``Conditional Transaction'').
A specialist is allowed to execute Conditional Transactions without
restriction as to price provided the specialist follows said
transaction with an appropriate transaction on the opposite side of the
market commensurate with the size of the specialist's transaction,
which is referred to as ``appropriate re-entry.'' \8\
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    \8\ ``Appropriate re-entry'' for Conditional Transactions shall
mean the specialist's stabilization obligation to re-enter a
transaction on the opposite side of the market at or before the
price participation point (``PPP''). The PPP is an Exchange-issued
minimum guideline that identifies the price at or before which a
specialist is expected to re-enter the market after effecting a
Conditional Transaction. PPPs are only minimum guidelines and
compliance with them does not guarantee a specialist is meeting his
or her obligations.
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    The Exchange states that the Stabilization Pilot provides the
specialist with the ability to effect transactions for its dealer
account to provide support to the Hybrid Market. The Exchange believes
that the specialists have a greater ability to position themselves to
provide more liquidity against market trend and thus moderate
volatility. The Exchange, therefore, requests that the Stabilization
Pilot be extended for three (3) months to continue to afford
specialists this needed flexibility to continue their adaptation to the
new challenges of the Hybrid Market. The Exchange believes that
extension of the Stabilization Pilot will continue to allow specialists
to effectively manage their inventory in order to provide liquidity
during times of market volatility. As such, the Exchange requests that
the Commission extend the Stabilization Pilot to September 30, 2007.
b. Technical Amendments to the Rule
    The Exchange is also seeking to make technical amendments to Rule
104.10, including to correct the numbering of certain subparagraphs.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirement under Section 6(b)(5) \9\ of the Act that an
Exchange have rules that are designed to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest. The Exchange
also believes that the proposed rule change also is designed to support
the principles of Section 11A(a)(1) \10\ in that it seeks to assure
economically efficient execution of securities transactions.
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    \9\ 15 U.S.C. 78f(b)(5).
    \10\ 15 U.S.C. 78k-1(a)(1).
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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.

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

    The Exchange has neither solicited nor received written 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: (1) Does not
significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) by its terms does not become operative for 30 days after the
date of this filing, or such shorter time as the Commission may
designate if consistent with the protection of investors and the public
interest, the proposed rule change has become effective pursuant to
Section 19(b)(3)(A) \11\ of the Act and Rule 19b-4(f)(6)
thereunder.\12\ As required under Rule 19b-4(f)(6)(iii),\13\ the
Exchange provided the Commission with 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 the filing of the proposed rule change.
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
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    A proposed rule change filed under Rule 19b-4(f)(6) \14\ normally
may not become operative prior to 30 days after the date of filing.
However, Rule 19b-4(f)(6)(iii) \15\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The NYSE requests that the
Commission waive the 30-day operative delay, as specified in Rule 19b-
4(f)(6)(iii),\16\ which would make the rule change effective and
operative upon filing. The Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest because such waiver would allow the Stabilization Pilot
to continue without interruption through September 30, 2007 and provide
the Exchange and the Commission additional time to evaluate the
pilot.\17\ Accordingly, the Commission designates that the proposed
rule change effective and operative upon filing with the Commission.
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    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ Id.
    \17\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the 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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSE-2007-58 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2007-58. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the NYSE. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2007-58 and should be
submitted on or July 30, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon
Deputy Secretary.
[FR Doc. E7-13154 Filed 7-6-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 86, Number 234 (Thursday, December 9, 2021)]
[Notices]
[Pages 70156-70159]
[FR Doc No: 2021-26624]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34 93713 File No. SR-NASDAQ-2021-091]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify Certain Annual Listing Fees To Be Implemented on January 1, 2022

December 3, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 22, 2021, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to modify certain listing fees. While changes
proposed herein are effective upon filing, the Exchange has designated
the proposed amendments to be operative on January 1, 2022.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules, 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 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 purpose of the proposed rule change is to modify the Exchange's
all-inclusive annual listing fees for all domestic and foreign
companies listing equity securities covered by Listing Rules 5910 and
5920 on the Nasdaq Global Select, Global and Capital Markets.
    Currently, for companies listed on the Capital Market, other than,
in part, ADRs, Closed-end Funds and Limited Partnerships, the all-
inclusive annual fee ranges from $44,000 to $79,000; for ADRs listed on
the Capital Market the all-inclusive annual fee ranges from $44,000 to
$53,000; and for Limited Partnerships listed on the Capital Market the
all-inclusive annual fee ranges from $32,000 to $39,500. On the Global
and Global Select Markets, the all-inclusive annual fee for companies
other than, in part, ADRs, Closed-end Funds and Limited Partnerships
ranges from $47,000 to $163,000; for ADRs the all-inclusive annual fee
ranges from $47,000 to $84,000; and for Limited Partnerships the all-
inclusive annual fee ranges from $39,500 to $81,500. The all-inclusive
annual fee for Closed-end Funds listed on any market tier ranges from
$32,000 to $105,000. In each case, a company's all-inclusive annual fee
is based on its total shares outstanding.\3\
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    \3\ REITs are subject to the same fee schedule as other equity
securities; however for the purpose of determining the total shares
outstanding, shares outstanding of all members in a REIT Family
listed on the same Nasdaq market tier may be aggregated. Similarly,
for the purpose of determining the total shares outstanding, fund
sponsors may aggregate shares outstanding of all Closed-End Funds in
the same fund family listed on the Nasdaq Global Market or the
Nasdaq Capital Market. See Listing Rules 5910(b)(2) and 5920(b)(2).
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    Nasdaq proposes to amend the all-inclusive annual fee for all
domestic and foreign companies listing equity securities on the Nasdaq
Global Select, Global and Capital Markets to the following amounts,\4\
effective January 1, 2022:
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    \4\ The proposed fee change reflects about a 2.5% increase
rounded to the nearest $500.

                                          Global/Global Select Markets
----------------------------------------------------------------------------------------------------------------
                                                                                Annual fee      Annual fee
                                                                                before the       effective
                                                    Total shares outstanding         proposed       January 1,
                                                                                change           2022
----------------------------------------------------------------------------------------------------------------
Equity securities other than, in part, ADRs,    Up to 10 million shares.........         $47,000         $48,000
 Closed-end Funds and Limited Partnerships.     10+ to 50 million shares........          58,000          59,500
                                                50+ to 75 million shares........          79,000          81,000
                                                75+ to 100 million shares.......         105,000         107,500
                                                100+ to 125 million shares......         131,000         134,500
                                                125+ to 150 million shares......         142,000         145,500
                                                Over 150 million shares.........         163,000         167,000
ADRs..........................................  Up to 10 million ADRs and other           47,000          48,000
                                                 listed equity securities.
                                                10+ to 50 million ADRs and other          53,000          54,500
                                                 listed equity securities.
                                                50+ to 75 million ADRs and other          63,000          64,500
                                                 listed equity securities.
                                                Over 75 million ADRs and other            84,000          86,000
                                                 listed equity securities.
Closed-end Funds..............................  Up to 50 million shares.........          32,000          33,000
                                                50+ to 100 million shares.......          53,000          54,500
                                                100+ to 250 million shares......          79,000          81,000
                                                Over 250 million shares.........         105,000         107,500
Limited Partnerships..........................  Up to 75 million shares.........          39,500          40,500
                                                75+ to 100 million shares.......          53,000          54,500
                                                100+ to 125 million shares......          65,500          67,000
                                                125+ to 150 million shares......          70,500          72,500
                                                Over 150 million shares.........          81,500          83,500
----------------------------------------------------------------------------------------------------------------

                                                 Capital Market
----------------------------------------------------------------------------------------------------------------
                                                                                Annual fee      Annual fee
                                                                                before the       effective
                                                    Total shares outstanding         proposed       January 1,
                                                                                change           2021
----------------------------------------------------------------------------------------------------------------
Equity securities other than, in part, ADRs,    Up to 10 million shares.........         $44,000         $45,000
 Closed-end Funds and Limited Partnerships.     10+ to 50 million shares........          58,000          59,500
                                                Over 50 million shares..........          79,000          81,000
ADRs..........................................  Up to 10 million ADRs and other           44,000          45,000
                                                 listed equity securities.
                                                Over 10 million ADRs and other            53,000          54,500
                                                 listed equity securities.
Closed-end Funds..............................  Up to 50 million shares.........          32,000          33,000
                                                50+ to 100 million shares.......          53,000          54,500
                                                100+ to 250 million shares......          79,000          81,000
                                                Over 250 million shares.........         105,000         107,500
Limited Partnerships..........................  Up to 75 million shares.........          32,000          33,000
                                                Over 75 million shares..........          39,500          40,500
----------------------------------------------------------------------------------------------------------------

    Nasdaq also proposes to update the maximum fee applicable to a
Closed-End Fund family to $107,500 and the maximum fee applicable to a
REIT Family listed on the Nasdaq Global Market and the Nasdaq Capital
Market to $167,000 and $81,000, respectively, to reflect the proposed
fee change for other equity securities, as described above.\5\
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    \5\ See footnote 3 above.
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    Nasdaq also proposes to update the all-inclusive annual listing
fees for companies whose business plan is to complete an initial public
offering and engage in a merger or acquisition with one or more
unidentified companies within a specific period of time, as described
in IM-5101-2, (``Acquisition Companies'') listing on the Nasdaq Global
Market to continue to keep such fees identical to the fees the Capital
Market Acquisition Companies are charged.\6\
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    \6\ As proposed, Nasdaq would update Rule 5910(b)(2)(F) to have
the following all-inclusive annual fee schedule applicable to Global
Market Acquisition Companies, based on the number of shares
outstanding: Up to 10 million shares outstanding, $45,000; between
10,000,001 and 50 million shares outstanding, $59,500; over 50
million shares outstanding, $81,000. These are the same proposed
fees charged Capital Market Acquisition Companies under Rule
5920(b)(2)(A). See Securities Exchange Act Release No. 92345 (July
7, 2021), 86 FR 36807 (July 13, 2021) (SR-NASDAQ-2021-055). In this
filing Nasdaq explained its belief that Acquisition Companies listed
on the Nasdaq Global Market receive the same services as Acquisition
Companies listed on the Nasdaq Capital Market making it appropriate
for Nasdaq to charge such companies the same fees.
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    Finally, Nasdaq proposes to update amounts in examples in Listing
Rules 5910(b)(3)(D) and 5920(b)(3)(D), clarifying the application of
the rules for companies transferring between Nasdaq tiers, to align the
fee amounts with the fees applicable in year 2022.
    As described below, Nasdaq proposes to make the aforementioned fee
increases to better reflect the Exchange's costs related to listing
equity securities and the corresponding value of such listing to
issuers.
    Nasdaq also proposes to remove references to fees that are no
longer applicable because they were superseded by new fee rates
specified in the rule text.
    While these changes are effective upon filing, Nasdaq has
designated the proposed amendments to be operative on January 1, 2022.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\7\ in general, and furthers the objectives of Sections
6(b)(4) and 6(b)(5) of the Act,\8\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using any facility, and is
not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4) and (5).
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    Nasdaq believes that it is not unfairly discriminatory and
represents an equitable allocation of reasonable fees to amend Listing
Rules 5910(b)(2) and 5920(b)(2) to increase the various listing fees
\9\ as set forth above because of the increased costs incurred by
Nasdaq since it established the current rates. In that regard, the
Exchange notes that its general costs to support our listed companies
have increased, including due to price inflation. The Exchange also
continues to expand and improve the services it provides to listed
companies as well as the technology and the virtual experience
available with the Nasdaq MarketSite. Nasdaq has also invested to
create additional outdoor event space at its New York Headquarters, and
separately, to secure a license that can be used by listed companies to
hold events in Times Square. Internationally, Nasdaq's offices in
London, Beijing, Toronto and Sydney have been upgraded to a modern
design with new meeting rooms equipped with technology that houses the
digital equipment needed for remote conferencing, presentations,
collaborative review, or displays and signage thus enhancing the listed
companies experience.
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    \9\ Effective January 1, 2021, Nasdaq modified the fee schedule
for all domestic and foreign companies listing equity securities
covered by Listing Rules 5910 and 5920 on the Nasdaq Global Select,
Global and Capital Markets. Securities Exchange Act Release No.
90519 (November 25, 2020), 85 FR 77324 (December 1, 2020) (SR-
NASDAQ-2020-072).
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    Nasdaq also believes that it is not unfairly discriminatory and
represents an equitable allocation of reasonable fees to amend Listing
Rules 5910(b)(2) and 5920(b)(2) to increase the various listing fees
while rounding the increase to the nearest $500 as set forth above
because such rounding represents de minimis variation in fees for
Nasdaq listed companies. In addition, Nasdaq has used the same
methodology since the adoption of the all-inclusive annual listing fee
schedule and all annual listing fees under Listing Rules 5910(b)(2) and
5920(b)(2) are rounded to $500.
    The proposed change to update the fees applicable to Acquisition
Companies listed on the Nasdaq Global Market, update amounts in
examples clarifying the application of the rules for companies
transferring between Nasdaq tiers, and update the maximum fee
applicable to a Closed-End Fund family and the maximum fee applicable
to a REIT Family to reflect the proposed fee change for other equity
securities, as described above, is not unfairly discriminatory because
it merely reflects the change in fees without changing the substance of
the rule.\10\
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    \10\ See Securities Exchange Act Release No. 92345 (July 7,
2021), 86 FR 36807 (July 13, 2021) (explaining, among other things,
why Nasdaq believes that it is not unfairly discriminatory to charge
Acquisition Companies listed on the Nasdaq Global Market the same
fees as fees charged Acquisition Companies listed on the Nasdaq
Capital Market). See also footnote 6, above.
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    Finally, Nasdaq notes that it operates in a highly competitive
market in which market participants can readily switch exchanges if
they deem the listing fees excessive.\11\ In such an environment,
Nasdaq must continually review its fees to assure that they remain
competitive.
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    \11\ The Justice Department has noted the intense competitive
environment for exchange listings. See ``NASDAQ OMX Group Inc. and
IntercontinentalExchange Inc. Abandon Their Proposed Acquisition Of
NYSE Euronext After Justice Department Threatens Lawsuit'' (May 16,
2011), available at http://www.justice.gov/atr/public/press_releases/2011/271214.htm.
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    The proposed removal of text relating to fees that are no longer
applicable is ministerial in nature and has no substantive effect.

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 not necessary or appropriate in
furtherance of the purposes of the Act, as amended. The market for
listing services is extremely competitive and listed companies may
freely choose alternative venues, both within the U.S. and
internationally. For this reason, Nasdaq does not believe that the
proposed rule change will result in any burden on competition for
listings.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\12\
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    \12\ 15 U.S.C. 78s(b)(3)(A)(ii).
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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: (i) Necessary or
appropriate in the public interest; (ii) for the protection of
investors; or (iii) otherwise in furtherance of the purposes of the
Act. If the Commission takes such action, the Commission shall
institute proceedings to determine whether the proposed rule should be
approved or disapproved.

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 protected]. Please include
File Number SR-NASDAQ-2021-091 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-NASDAQ-2021-091. 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-NASDAQ-2021-091 and should be submitted
on or before December 30, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-26624 Filed 12-8-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: August 28, 2007 (Volume 72, Number 166)]
[Notices]
[Page 49275-49276]
[DOCID:fr28au07-88]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-588-000]

Trailblazer Pipeline Company; Notice of Penalty Revenue Crediting
Report

August 21, 2007.
    Take notice that on August 17, 2007, Trailblazer Pipeline Company
(Trailblazer) tendered for filing its Penalty Revenue Crediting Report.
    Trailblazer states the purpose of this filing is to inform the
Commission that Trailblazer collected no penalty revenues in the
quarter ended June 30, 2007.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the date as indicated
below. Anyone filing an intervention or protest must serve a copy of
that document on the Applicant. Anyone filing an intervention or
protest on or before the intervention or protest date need not serve
motions to intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

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

TTY, call<PHONE_NUMBER>.
    Intervention and Protest Date: 5 p.m. Eastern Time August 28, 2007.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-16953 Filed 8-27-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 18 (Tuesday, January 28, 2020)]
[Notices]
[Pages 5062-5063]
[FR Doc No: 2020-01453]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88017; File No. S7-24-89]

Joint Industry Plan; Notice of Filing of the Forty-Fifth
Amendment to the Joint Self-Regulatory Organization Plan Governing the
Collection, Consolidation and Dissemination of Quotation and
Transaction Information for Nasdaq-Listed Securities Traded on
Exchanges on an Unlisted Trading Privileges Basis

January 23, 2020.
    Pursuant to Section 11A of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 608 thereunder,\2\ notice is hereby given that
on September 11, 2019,\3\ the Participants \4\ in the Joint Self-
Regulatory Organization Plan Governing the Collection, Consolidation
and Dissemination of Quotation and Transaction Information for Nasdaq-
Listed Securities Traded on Exchanges on an Unlisted Trading Privileges
Basis (``Nasdaq/UTP Plan'' or ``Plan'') filed with the Securities and
Exchange Commission (``Commission'') a proposal to amend the Nasdaq/UTP
Plan.\5\ The amendment represents the 45th amendment to the Nasdaq/UTP
Plan (``Amendment''). Under the Amendment, the Participants propose to
amend the Plan to resolve textual inconsistencies in Plan provisions
governing the reporting of last sale price reports in an Eligible
Security \6\ by the Processor \7\ during a Regulatory Halt.\8\
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    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ See Letter from Robert Books, Chair, UTP Operating
Committee, to Vanessa Countryman, Secretary, Commission, dated
September 6, 2019.
    \4\ The Participants are: Cboe BYX Exchange, Inc.; Cboe BZX
Exchange, Inc.; Cboe EDGA Exchange, Inc.; Cboe EDGX Exchange, Inc.;
Cboe Exchange, Inc.; NYSE Chicago, Inc.; Financial Industry
Regulatory Authority, Inc.; The Investors' Exchange LLC; Long-Term
Stock Exchange, Inc.; Nasdaq BX, Inc.; Nasdaq ISE, LLC; Nasdaq PHLX,
Inc.; The Nasdaq Stock Market LLC; New York Stock Exchange LLC; NYSE
American LLC; NYSE Arca, Inc.; and NYSE National, Inc.
(collectively, the ``Participants'').
    \5\ The Plan governs the collection, processing, and
dissemination on a consolidated basis of quotation information and
transaction reports in Eligible Securities for its Participants.
This consolidated information informs investors of the current
quotation and recent trade prices of Nasdaq securities. It enables
investors to ascertain from one data source the current prices in
all the markets trading Nasdaq securities. The Plan serves as the
required transaction reporting plan for its Participants, which is a
prerequisite for their trading Eligible Securities. See Securities
Exchange Act Release No. 55647 (April 19, 2007), 72 FR 20891 (April
26, 2007).
    \6\ Section III.B of the Plan defines ``Eligible Security'' as
``any Nasdaq Global Market or Nasdaq Capital Market security, as
defined in NASDAQ Rule 4200. Eligible Securities under the UTP Plan
does not include any security that is defined as an ``Eligible
Security'' within Section VII of the Consolidated Tape Association
Plan.''
    \7\ Section III.Q of the Plan defines the term ``Processor'' as
``the entity selected by the Participants to perform the processing
functions set forth in the Plan.''
    \8\ Section III.S of the Plan defines the term ``Regulatory
Halt'' as a ``trade suspension or halt called for the purpose of
dissemination of material news, as described in Section X of the
Plan or that is called for where there are regulatory problems
relating to an Eligible Security that should be clarified before
trading therein is permitted to continue, including a trading halt
for extraordinary market activity due to system misuse or
malfunction under Section X.E. l of the Plan (`Extraordinary Market
Regulatory Halt').''
---------------------------------------------------------------------------

    The proposed Amendment has been filed by the Participants pursuant
to Rule 608(b)(2) under Regulation NMS.\9\ The Commission is publishing
this notice to solicit comments from interested persons on the proposed
Amendment. Set forth in Sections I and II is the statement of the
purpose and summary of the Amendment, along with the information
required by Rules 608(a) and 601(a) under the Act, prepared and
submitted by the Participants to the Commission.
---------------------------------------------------------------------------

    \9\ 17 CFR 242.608(b)(2).
---------------------------------------------------------------------------

I. Rule 608(a)

A. Purpose of the Amendment

    Section X of the Plan currently includes inconsistent language with
respect to the Processor's ability to disseminate last sale price
reports in an Eligible Security during a Regulatory Halt. Section X.A
prohibits the Processor from including any last sale reports in an
Eligible Security during a Regulatory Halt. Section X.C, however,
includes language that specifically permits the Processor during a
Regulatory Halt to ``collect and disseminate Transaction Information.''
    In practice, during a Regulatory Halt, the Processor has been
following Section X.C and will immediately disseminate last sale price
reports during a Regulatory Halt. The Participants believe that the
Processor's current practice helps to reduce inefficiencies and
confusion among market participants with respect to the operation of
the Plan during a Regulatory Halt. As a result, the Participants have
determined it appropriate to amend the language of the Plan to resolve
the inconsistent language described above in order to confirm that the
Processor may continue to disseminate last sale price reports during a
Regulatory Halt. In addition, the Amendment would also align the Plan
language with a corresponding Amendment being proposed by the CTA Plan.
    Further, the Participants believe that the Amendment would help
avoid race conditions. By way of example, when a primary market
initiates a Regulatory Halt, it sends notifications to the Processor
and other Participants. A trade may occur at a Participant before that
Participant receives notification of the Regulatory Halt and thereby
reports the trade to the Processor after the Processor receives
notification of the Regulatory Halt. The Participants believe it would
be impractical for the Processor to determine that a transaction
occurred either before or after a Participant received notification of
a Regulatory Halt, and therefore whether to immediately disseminate or
refrain from disseminating the trade report until permissible.
Consequently, the Participants believe that it is appropriate to place
the responsibility on the individual Participants to determine whether
or not a transaction should be printed during a Regulatory Halt, and
the Processor should simply act as a pass-through for the information
that it receives from the Participants. Therefore, the Amendment will
permit the Processor to continue to disseminate any last sale price
reports received during a Regulatory Halt, without reference to the
specific race condition identified above.

B. Governing or Constituent Documents

    Not applicable.

C. Implementation of Amendment

    Each of the Participants has approved the Amendment in accordance
with Section IV.C of the UTP Plan. The Participants also received
feedback from the Advisory Committee on amending the Plan to resolve
ambiguous language in the Plan to confirm that the Processor may
disseminate last sale price reports and align the Plan with the
corresponding Amendment proposed by the CTA Plan.

D. Development and Implementation Phases

    Not applicable.

E. Analysis of Impact on Competition

    The Participants believe that the proposed Amendment do not impose
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Securities Exchange Act of 1934, as
amended. The Participants believe that amending the Plan to resolve
inconsistent language

with respect to dissemination of information by the Processor during
Regulatory Halts reduces inefficiencies and confusion among market
participants with respect to the operation of the Plan during a
Regulatory Halt. Additionally, the Participants believe that the
Amendment will serve to increase transparency in the marketplace by
disseminating Transaction Reports closer in time to when such
transactions actually occurred. The Participants also have approved a
corresponding Amendment to the CTA Plan thereby aligning the operation
of the Plan with the CTA Plan.

F. Written Understanding or Agreements Relating to Interpretation of,
or Participation in, Plan

    Not applicable.

G. Approval by Sponsors in Accordance With Plan

    Section IV.C.l of the UTP Plan requires the Participants to
unanimously approve the Amendment proposed herein. They so approved it.

H. Description of Operation of Facility Contemplated by the Proposed
Amendment

    Not applicable.

I. Terms and Conditions of Access

    Not applicable.

J. Method of Determination and Imposition, and Amount of, Fees and
Charges

    Not applicable.

K. Method and Frequency of Processor Evaluation

    Not applicable.

L. Dispute Resolution

    Not applicable.

II. Regulation NMS Rule 601(a) (Solely in Its Application to the
Amendments to the UTP Plan)

A. Equity Securities for Which Transaction Reports Shall Be Required by
the Plan

    Not applicable.

B. Reporting Requirements

    Not applicable.

C. Manner of Collecting, Processing, Sequencing, Making Available and
Disseminating Last Sale Information

    The Amendment would resolve ambiguous Plan language to clarify that
the Processor may continue to disseminate Transaction Reports of last
sale prices for transactions received by the Processor during a
Regulatory Halt.

D. Manner of Consolidation

    Not applicable.

E. Standards and Methods Ensuring Promptness, Accuracy and Completeness
of Transaction Reports

    Not applicable.

F. Rules and Procedures Addressed to Fraudulent or Manipulative
Dissemination

    Not applicable.

G. Terms of Access to Transaction Reports

    Not applicable.

H. Identification of Marketplace of Execution

    Not applicable.

III. Solicitation of Comments

    The Commission seeks general comments on the Amendment. Interested
persons are invited to submit written data, views, and arguments
concerning the foregoing, including whether the proposed Amendment 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 S7-24-89 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 S7-24-89. 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 website (http://www.sec.gov/rules/sro.shtml). Copies of
the submission, all written statements with respect to the proposed
Amendment that are filed with the Commission, and all written
communications relating to the proposed Amendment 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 website viewing and printing at
the principal office of the Plan. 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 S7-24-89 and should be
submitted on or before February 18, 2020.

    By the Commission.

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2020-01453 Filed 1-27-20; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 27 (Wednesday, February 10, 2016)]
[Notices]
[Pages 7132-7133]
[FR Doc No: 2016-02671]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2016-0061]

Towing Safety Advisory Committee; Vacancies

AGENCY: Coast Guard, DHS.

ACTION: Request for applications.

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SUMMARY: The Coast Guard seeks applications for membership on the
Towing Safety Advisory Committee. This Committee advises the Secretary
of the Department of Homeland Security on matters relating to shallow
draft inland and coastal waterway navigation and towing safety.

DATES: Completed applications should reach the Coast Guard on or before
March 28, 2016.

ADDRESSES: Applicants should send a cover letter expressing interest in
an appointment to the Towing Safety Advisory Committee that identifies
which membership category the applicant is applying under, along with a
resume detailing the applicant's experience via one of the following
methods:
     By Email<EMAIL_ADDRESS>     By Fax:<PHONE_NUMBER>.
     By Mail: William J. Abernathy, Alternate Designated
Federal Officer, Commandant (CG-OES-2), U.S. Coast Guard, Stop 7509,
2703 Martin Luther King Jr. Ave. SE., Washington, DC 20593-7509.

FOR FURTHER INFORMATION CONTACT: William J. Abernathy, Alternate
Designated Federal Officer of the Towing Safety Advisory Committee;
telephone<PHONE_NUMBER>; or email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Towing Safety Advisory Committee is a
Federal advisory committee which operates under the provisions of
Federal Advisory Committee Act, Title 5 United States Code, Appendix.
It was established under authority of the Act to establish a Towing
Safety Advisory Committee in the Department of Transportation, (Pub. L.
96-380), which was most recently amended by section 621 of the Coast
Guard Authorization Act of 2010, (Pub. L. 111-281). The Committee
advises the Secretary of Homeland Security on matters relating to
shallow-draft inland and coastal waterway navigation and towing safety.
This advice also assists the Coast Guard in formulating the position of
the United States regarding the towing industry in advance of
International Maritime Organization meetings.
    It is expected that the Committee meets at least twice a year
either in the Washington, DC, area or in cities with large towing
centers of commerce and populated by high concentrations of towing
industry and related businesses. It may also meet for extraordinary
purposes. Its subcommittees may also meet to consider specific tasks as
required. The Committee and its subcommittees may conduct
intercessional telephonic meetings,

when necessary, in response to specific U.S. Coast Guard taskings.
    Each Towing Safety Advisory Committee member serves a term of
office of up to 3 years. Members may be considered to serve an
additional consecutive term. All members serve without compensation
from the Federal Government; however, upon request, they may receive
travel reimbursement and per diem.
    We will consider applications for the following six positions that
will be vacant on September 30, 2016:

    1. Three positions representing the Barge and Towing Industry
(reflecting a regional geographical balance);
    2. One position representing port districts, port authorities or
terminal operators;
    3. One position representing licensed or unlicensed towing
vessel engineers with formal training and experience;
    4. One position representing shippers (at least one who
represents the carriage of oil or hazardous materials).

    To be eligible, applicants should have particular expertise,
knowledge, and experience regarding shallow-draft inland and coastal
waterway navigation and towing safety.
    Registered lobbyists are not eligible to serve on federal advisory
committees. See ``Revised Guidance on Appointment of Lobbyists to
Federal Advisory Committees, Boards, and Commissions'' (79 FR 47482,
August 13, 2014). Registered lobbyists are lobbyists required to comply
with provisions contained in the Lobbying Disclosure act of 1995 (2
U.S.C. 1605; Pub. L. 104-65 as amended by Title II of Pub. L. 110-81).
    In an effort to maintain a geographic balance of membership, we are
encouraging representatives from tug and barge companies operating on
the Western Rivers to apply for representation on the Committee.
    The Department of Homeland Security does not discriminate in
employment on the basis of race, color, religion, sex, national origin,
political affiliation, sexual orientation, gender identity, marital
status, disability and genetic information, age, membership in an
employee organization, or any other non-merit factor. The Department of
Homeland Security strives to achieve a widely diverse candidate pool
for all of its recruitment selections.
    If you are interested in applying to become a member of the
Committee, send your cover letter and resume to William J. Abernathy,
Alternate Designated Federal Officer of the Towing Safety Advisory
Committee via one of the transmittal methods in the ADDRESSES section
by the deadline in the DATES section of this notice. All email
submittals will receive email receipt confirmation.

    Dated: February 5, 2016.
J.G. Lantz,
Director of Commercial Regulations and Standards, United States Coast
Guard.
[FR Doc. 2016-02671 Filed 2-9-16; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 148 (Thursday, August 3, 2017)]
[Rules and Regulations]
[Pages 36090-36095]
[FR Doc No: 2017-16375]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2014-0679; FRL-9963-02]

Cyclaniliprole; Pesticide Tolerances and Exemption From the
Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of
cyclaniliprole in or on multiple commodities that are identified and
discussed later in this document. ISK Biosciences Corporation requested
these tolerances under the

Federal Food, Drug, and Cosmetic Act (FFDCA). Additionally, this
regulation also establishes an exemption from the requirement of a
tolerance for indirect or inadvertent residues of cyclaniliprole on
multiple commodities identified and discussed later in this document.

DATES: This regulation is effective August 3, 2017. Objections and
requests for hearings must be received on or before October 2, 2017,
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-2014-0679, 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.

FOR FURTHER INFORMATION CONTACT: Michael L. Goodis, Director,
Registration Division (7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; main telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

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

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

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

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

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2014-0679 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
October 2, 2017. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
    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-2014-0679, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of April 6, 2015 (80 FR 18327) (FRL-9924-
00), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
4F8253) by ISK Biosciences Corporation, 7470 Auburn Road, Suite A,
Concord, OH 44077. The petition requested that 40 CFR part 180 be
amended by establishing tolerances for residues of the insecticide
cyclaniliprole, 3-bromo-N-[2-bromo-4-chloro-6-[[(1-
cyclopropylethyl)amino]carbonyl]phenyl]-1-(3-chloro-2-pyridinyl)-1H-
pyrazole-5-carboxamide, in or on the following commodities: Pome Fruit
(Crop Group 11-10) at 0.3 parts per million (ppm); Tree Nuts (Crop
Group 14-12) at 0.02 ppm; Stone Fruit (Crop Group 12-12) at 0.7 ppm;
Fruiting Vegetables (Crop Group 8-10) at 0.2 ppm; Cucurbit Vegetables,
(Crop Group 9) at 0.2 ppm; and Small Fruit Vine Climbing Subgroup,
except Fuzzy Kiwifruit (Crop Group 13-07F) at 0.9 ppm. Additionally
tolerances are requested for residues of cyclaniliprole in or on the
crops in the proposed Crop Subgroup 4-14A, Leafy greens subgroup at 7.0
ppm, including amaranth, Chinese; amaranth, leafy; aster, Indian;
blackjack; cat's whiskers; chervil, fresh leaves; cham-chwi; cham-
namul; chipilin; chrysanthemum, garland; cilantro, fresh leaves; corn
salad; cosmos; dandelion; dang-gwi; dillweed; dock; dol-nam-mul; ebolo;
endive; escarole; fameflower; feather cockscomb; good king henry;
huauzontle; jute, leaves; lettuce, bitter; lettuce, head; lettuce,
leaf; orach; parsley, fresh leaves; plantain, buckhorn; primrose,
English; purslane, garden; purslane, winter; radicchio; spinach;
spinach, malabar; spinach, New Zealand; spinach, tanier; swiss chard;
and violet, Chinese; crops in the proposed Crop Subgroup 4-14B,
Brassica leafy greens subgroup at 15 ppm, including arugula; broccoli
raab; broccoli, Chinese; cabbage, abyssinian; cabbage, seakale; Chinese
cabbage, bok choy; collards; cress, garden; cress, upland; hanover
salad; kale; maca; mizuna; mustard greens; radish, leaves; rape greens;
rocket, wild; shepherd's purse; turnip greens; and watercress; crops in
the proposed Crop Subgroup 22B, Leaf petiole vegetable subgroup at 7.0
ppm, including Cardoon; celery; celery, Chinese; fuki; rhubarb; udo;
zuiki; and the crops in the proposed Crop Group 5-14, Brassica Head and
Stem Vegetable at 1.5 ppm, including broccoli; Brussels sprouts;
cabbage; cabbage, Chinese, napa; and cauliflower.

Tolerances are also requested for residues of cyclaniliprole in or on
the following animal feed commodities: almond, hulls at 8.0 ppm; apple,
wet pomace at 0.96 ppm; and in the following animal tissues and meat
byproducts: Cattle, fat at 0.08 ppm; cattle, kidney at 0.08 ppm;
cattle, liver at 0.1 ppm; cattle, meat at 0.02 ppm; cattle, meat
byproducts at 0.02 ppm; goat, fat at 0.08 ppm; goat, kidney at 0.08
ppm; goat, liver at 0.1 ppm; goat, meat at 0.02 ppm; goat, meat
byproducts at 0.02 ppm; horse, fat at 0.08 ppm; horse, kidney at 0.08
ppm; horse, liver at 0.1 ppm; horse, meat at 0.02 ppm; horse, meat
byproducts at 0.02 ppm; milk at 0.01 ppm; sheep, fat at 0.08 ppm;
sheep, kidney at 0.08 ppm; sheep, liver at 0.1 ppm; sheep, meat at 0.02
ppm; and sheep, meat byproducts at 0.02 ppm. In addition, a tolerance
was requested for imported Tea (dried and instant) at 40 ppm. That
document referenced a summary of the petition prepared by ISK
Biosciences Corporation, the petitioner, which is available in the
docket, http://www.regulations.gov. There were no comments received in
response to the notice of filing.
    In the Federal Register of November 23, 2015 (80 FR 72941) (FRL-
9936-73), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing ISK's amendment to its pesticide petition
(PP 4F8253). The amended petition requested, in addition to the
tolerances requested in the original petition, an exemption from the
requirement of a tolerance for indirect or inadvertent residues of
cyclaniliprole in or on all food commodities, not already covered by a
tolerance. That document referenced a summary of the petition prepared
by ISK Biosciences Corporation, the petitioner, which is available in
the docket, http://www.regulations.gov. A comment was received on the
notice of filing. EPA's response to that comment is discussed in Unit
IV.C.
    Based upon review of the data supporting the petition, EPA is
establishing tolerances that vary from what was requested by the
petitioner for multiple commodities. The reasons for these changes are
explained in Unit IV.D.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for cyclaniliprole including
exposure resulting from the tolerances established by this action.
EPA's assessment of exposures and risks associated with cyclaniliprole
follows.
    EPA has evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies 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.
    No single or repeated dose study performed by any route of exposure
produced an adverse effect following cyclaniliprole exposure below, at,
or above the limit dose (1,000 mg/kg/day). In short- and long-term
studies in rats and mice, the most consistent finding was adaptive
liver effects, which often consisted of slight increases in liver
weight without associated clinical chemistry and histopathological
changes, and it was seen mostly at or above the limit dose (1,000 mg/
kg/day). In dogs, both subchronic and chronic studies showed increases
in liver weight, centrilobular hepatocellular hypertrophy, and elevated
levels of alkaline phosphatase (ALP) at sub-limit dose levels. However,
these findings were not considered as adverse because of the following:
(1) ALP increase in dogs is a common laboratory finding and could be
attributed to many factors such as corticosterone release, young dogs
often have high and variable ALP values related to bone growth,
cholestasis, and pharmacologically mediated hepatic drug metabolizing
enzyme induction; (2) no histopathological changes were seen at any
dose level tested; (3) the liver effects showed no progression of
toxicity or increase in the number of parameters affected in the
chronic study (1-year) relative to the subchronic study; and (4) no
liver effects were seen in toxicity studies in rats and mice at or
above the limit dose (1,000 mg/kg/day). In addition, a structurally
related chemical, chlorantraniliprole, tested up to the limit dose in
dogs did not demonstrate liver effects.
    No toxicity was seen in rat and rabbit developmental toxicity and
in rat reproduction studies which were tested up to the limit dose
(1,000 mg/kg/day). Therefore, there is no evidence that cyclaniliprole
produces increased susceptibility with prenatal or postnatal exposures.
Cyclaniliprole is classified as ``Not likely to be Carcinogenic to
Humans'' based on no increase in treatment-related tumor incidence in
the chronic toxicity study in rats and in carcinogenicity studies in
rats and mice. Cyclaniliprole produced no genotoxicity. A dermal
toxicity study tested at the limit dose did not produce any systemic
toxicity, which was consistent with the finding of low dermal
absorption.
    Specific information on the studies received for cyclaniliprole as
well as the no-observed-adverse-effect-level (NOAEL) from the toxicity
studies can be found at http://www.regulations.gov in document
``Cyclaniliprole: Human Health Risk Assessment for the Proposed New
Insecticide Active Ingredient'' dated September 12, 2015 in docket ID
number EPA-HQ-OPP-2014-0679.
    Based on the analysis of the available cyclaniliprole toxicological
studies, there is no adverse toxicity seen in any of the required
submitted toxicology studies, and no toxicity endpoint and point of
departure are established for human health risk assessment.
    Cyclaniliprole is proposed for use on a variety of crops. Humans
could potentially be exposed to cyclaniliprole residues in food because
cyclaniliprole may be applied directly to growing crops. These
applications can also result in cyclaniliprole reaching surface and
ground water, both of which can serve as sources of drinking water.
There are no proposed uses in residential settings; therefore, there
are no anticipated residential exposures.
    Based on the toxicological profile of cyclaniliprole, EPA has
concluded that the FFDCA requirements to retain an additional safety
factor for protection of infants and children and to consider

cumulative effects do not apply. Section 408(b)(2)(C) requires an
additional tenfold margin of safety in the case of threshold risks,
which are not present in this case. Section 408(b)(2)(D)(v) requires
consideration of information concerning cumulative effects of
substances that have a common mechanism of toxicity, which
cyclaniliprole does not have.
    Based on the available data indicating a lack of adverse effects
from exposure to cyclaniliprole, EPA concludes that there is a
reasonable certainty that no harm will result to the general
population, or to infants and children from aggregate exposure to
cyclaniliprole.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Method JSM0269 was developed for plant commodities, and Method
JSM0277 was developed for livestock commodities. Residues of
cyclaniliprole are extracted from crops using acetonitrile and cleaned
up by solid phase extraction. Extracted residue levels are determined
by liquid chromatography with tandem mass spectrometry (LC-MS/MS).
Residues of cyclaniliprole are extracted from livestock using
acetonitrile and cleaned up by liquid-liquid partition with hexane
followed by SPE. Extracted residue levels are determined by LC-MS/MS in
positive ion spray mode.
    Multiresidue methods testing data have been submitted for
cyclaniliprole and NK-1375. The data indicate that the multiresidue
methods (Protocols A through G) are not suitable for the analysis of
cyclaniliprole, so the multiresidue methods cannot serve as enforcement
methods. The multiresidue data have been sent to FDA.
    Adequate enforcement methodology (LC-MS/MS) is available to enforce
the tolerance expression. The method may be requested from: Chief,
Analytical Chemistry Branch, Environmental Science Center, 701 Mapes
Rd., Ft. Meade, MD 20755-5350; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established a MRL for cyclaniliprole.

C. Response to Comments

    A comment was received from an anonymous commenter objecting to EPA
requesting denial of this petition and stating that ``food should not
be contaminated with these chemicals.'' The existing legal framework
provided by section 408 of the Federal Food, Drug, and Cosmetic Act
(FFDCA) states that tolerances may be set when the pesticide meets the
safety standard imposed by that statute. As required by that statute,
EPA conducted a comprehensive assessment of cyclaniliprole, including
its potential for carcinogenicity. Based on its assessment of the
available data, the Agency believes that given the observed lack of
toxicity of this chemical, no risks of concern are expected. Therefore,
EPA concludes that there is a reasonable certainty that no harm will
result to the general population, or to infants and children, from
aggregate exposure to cyclaniliprole.

D. Revisions to Petitioned-For Tolerances

    Tolerances were requested for individual crops in the proposed Crop
Subgroup 4-14A, Leafy greens subgroup at 7.0 ppm; crops in the proposed
Crop Subgroup 4-14B, Brassica leafy greens subgroup at 15 ppm; crops in
the proposed Crop Subgroup 22B, Leaf petiole vegetable subgroup at 7.0
ppm and the crops in the proposed Crop Group 5-14: Brassica Head and
Stem Vegetable at 1.5 ppm. These crop groups were proposed in a
Proposed Rule that published in the Federal Register of November 14,
2014 (79 FR 68153). In the time since the petition was initially filed,
these crop group/subgroups have been established, although with a
slightly different numbering based on the year in which the crop groups
were finalized, i.e., since the rule was published in 2016, the groups
end in a -16, instead of -14 when they were proposed. See May 3, 2016
(85 FR 26471). Therefore, EPA is establishing the subgroup/group
tolerances as requested but with the updated names with one exception.
EPA is not establishing a tolerance for subgroup 22B since residue
field trial data (celery) were not provided to support the establishing
a tolerance for the commodities in subgroup 22B.
    Additionally, the EPA is establishing a tolerance for Vegetable,
leafy, group 4-16 at 15 ppm instead of the requested tolerance for
residues in or on the leafy greens subgroup 4-16A at 7.0 ppm and
Brassica leafy greens subgroup 4-16B at 15 ppm. Based on the
Organization for Economic Cooperation and Development (OECD) tolerance
calculation procedures and residue data for head lettuce, leaf lettuce,
and spinach, the tolerance level would be 8.0 ppm for leafy greens
subgroup 4-16A. However, instead of establishing the two subgroup
tolerances, in order to harmonize with Canada which has established a
crop group, Leafy Vegetables (CG 4-13) maximum residue level (MRL) at
15 ppm, EPA is establishing a tolerance for Vegetable, leafy, group 4-
16 at 15 ppm.
    The EPA is also establishing lower tolerance levels than requested
for the following commodities because the residue of concern is parent
only instead of parent and its metabolite NK-1375: Almond hulls,
reduced from 8 to 6.0 ppm; wet apple pomace, reduced from 0.96 to 0.50
ppm; Vegetable, Brassica, head and stem, group 5-16 reduced from 1.5 to
1.0 ppm; cucurbit vegetables, crop group 9, reduced from 0.2 to 0.15
ppm; small vine climbing fruit, except fuzzy kiwifruit, crop group 13-
07F, reduced from 0.9 to 0.80 ppm; and for the following commodities
for each animal (cattle, goat, horse, and sheep)--fat, reduced from
0.08 to 0.015 ppm; kidney (now included in meat byproducts), reduced
from 0.08 to 0.015 ppm; meat, reduced from 0.02 to 0.01 ppm; meat
byproducts, reduced from 0.02 to 0.015 ppm; and liver, reduced from 0.1
to 0.015 ppm.
    Based on OECD tolerance calculation procedures, EPA is also
establishing higher tolerance levels than requested for the following
commodities: The stone fruit crop group 12-12, increased from 0.7 to
1.0 ppm; the tree nuts crop group 14-12, increased from 0.02 to 0.03
ppm, and tea, dried leaves, increased from 40 to 50 ppm. No tolerance
is needed for tea, instant (dry form) since residues are covered by the
tolerance on tea, dried.
    EPA is establishing an increased tolerance on milk from 0.01 ppm to
0.015 ppm to harmonize with Canada.
    Finally, tolerances were requested for residues in/on kidney and
liver of cattle, goat, horse, and sheep. According to current EPA
policy, residues for liver

and kidney will be covered by tolerances for residues in/on meat
byproducts so separate tolerances are not needed.

V. Conclusion

    Although the lack of toxicity supports a safety finding for an
exemption from the requirement of tolerance for all crops, EPA is
establishing tolerances for residues resulting from direct applications
to certain commodities because the petitioner requested them for
international trade purposes. Tolerances are established for residues
of cyclaniliprole, 3-bromo-N-[2-bromo-4-chloro-6-[[(1-
cyclopropylethyl)amino]carbonyl]phenyl]-1-(3-chloro-2-pyridinyl)-1H-
pyrazole-5-carboxamide, in or on Pome Fruit (Crop Group 11-10) at 0.30
parts per million (ppm); Nut, tree (Crop Group 14-12) at 0.03 ppm;
Stone Fruit (Crop Group 12-12) at 1.0 ppm; Fruiting Vegetables (Crop
Group 8-10) at 0.20 ppm; Cucurbit Vegetables, (Crop Group 9) at 0.15
ppm; Small Fruit Vine Climbing Subgroup except Fuzzy Kiwifruit (Crop
Group 13-07F) at 0.80 ppm; Vegetable, leafy, group 4-16 at 15 ppm;
Vegetable, Brassica, head and stem, group 5-16 at 1.0 ppm; Milk at
0.015 ppm; tea, dried leaves at 50 ppm; Almond, hulls at 6.0 ppm;
Apple, wet pomace at 0.50 ppm; cattle, goat, horse, and sheep fat at
0.015 ppm; cattle, goat, horse, and sheep meat at 0.01 ppm; and cattle,
goat, horse, and sheep meat byproducts at 0.015 ppm.
    Additionally, an exemption from the requirement of a tolerance is
established for indirect or inadvertent residues of cyclaniliprole, 3-
bromo-N-[2-bromo-4-chloro-6-[[(1-
cyclopropylethyl)amino]carbonyl]phenyl]-1-(3-chloro-2-pyridinyl)-1H-
pyrazole-5-carboxamide, in or on all raw agricultural commodities,
except for those commodities with tolerances established.

VI. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 408(d) in
response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

VII. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

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

    Dated: June 30, 2017.
Richard P. Keigwin, Jr.,
Director, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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. Add Sec.  180.694 to subpart C to read as follows:

Sec.  [emsp14]180.694  Cyclaniliprole; tolerances for residues.

    (a) General. Tolerances are established for residues of the
insecticide cyclaniliprole, including its metabolites and degradates,
in or on the commodities in the table below. Compliance with the
tolerance levels specified below is to be determined by measuring only
cyclaniliprole, 3-bromo-N-[2-bromo-4-chloro-6-[[(1-
cyclopropylethyl)amino]carbonyl]phenyl]-1-(3-chloro-2-pyridinyl)-1H-
pyrazole-5-carboxamide, in or on the commodity.

------------------------------------------------------------------------
                                                            Parts  per
                        Commodity                             million
------------------------------------------------------------------------
Almond, hulls...........................................             6.0
Apple, wet pomace.......................................            0.50
Cattle, fat.............................................           0.015
Cattle, meat............................................            0.01
Cattle, meat byproducts.................................           0.015
Fruit, pome, group 11-10................................            0.30
Fruit, small vine climbing, except fuzzy kiwifruit,                 0.80
 subgroup 13-07F........................................
Fruit, stone, group 12-12...............................             1.0
Goat, fat...............................................           0.015
Goat, meat..............................................            0.01
Goat, meat byproducts...................................           0.015
Horse, fat..............................................           0.015
Horse, meat.............................................            0.01
Horse, meat byproducts..................................           0.015
Milk....................................................           0.015
Nut, tree, group 14-12..................................            0.03
Sheep, fat..............................................           0.015
Sheep, meat.............................................            0.01
Sheep, meat byproducts..................................           0.015
Tea, dried \1\..........................................              50
Vegetable, Brassica, head and stem, group 5-16..........             1.0
Vegetable, cucurbit, group 9............................            0.15
Vegetable, fruiting, group 8-10.........................            0.20
Vegetable, leafy, group 4-16............................              15
------------------------------------------------------------------------
\1\ There are no U.S. registrations for Tea.

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]

0
3. Add Sec.  180.1344 to subpart D to read as follows:

Sec.  [emsp14]180.1344  Cyclaniliprole; exemption from the requirement
of a tolerance.

    An exemption from the requirement of a tolerance is established for
indirect and inadvertent residues of the insecticide cyclaniliprole,
including its metabolites and degradates, in or on all raw agricultural
commodities not listed in paragraph (a) of Sec.  180.694, when residues
are present therein as a result of subsequent uptake by crops rotated
into fields where the crops in Sec.  180.694 (a) were treated with
cyclaniliprole.

[FR Doc. 2017-16375 Filed 8-2-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 6 (Tuesday, January 10, 2023)]
[Notices]
[Pages 1374-1375]
[FR Doc No: 2023-00258]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. This filing may be viewed
on the Commission's website at http://www.ferc.gov using the eLibrary
link. Enter the docket number, excluding the last three digits, in the
docket number field to access the document. For assistance, please
contact FERC Online Support at [email protected] or toll free
at<PHONE_NUMBER>, or for TTY, contact<PHONE_NUMBER>.

------------------------------------------------------------------------
                                                        Presenter or
            Docket Nos.                File date          requester
------------------------------------------------------------------------
Prohibited:
    NONE..........................
Exempt:
    1. P-9690-000; P-10481-000; P-        1-3-2023  FERC Staff.\1\
     10482-000.
------------------------------------------------------------------------
\1\ Comments dated 12/30/2022 from Nancy Herter of the New York State
  Office of Parks, Recreation and Historic Preservation.

    Dated: January 4, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-00258 Filed 1-9-23; 8:45 am]
BILLING CODE 6717-01-P