[Federal Register Volume 88, Number 138 (Thursday, July 20, 2023)]
[Rules and Regulations]
[Pages 46682-46683]
[FR Doc No: 2023-15324]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1798; Airspace Docket No. 22-AAL-32]
RIN 2120-AA66

Revocation of Colored Federal Airway Blue 2 (B-2); Point Lay, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revokes Colored Federal airway Blue 2 (B-2) in the
vicinity of Point Lay, AK due to the pending decommissioning of the
Point Lay (PIZ) Non-directional Beacon (NDB), Hotham NDB (HHM), and
Fort Davis NDB (FDV) in Alaska.

DATES: Effective date 0901 UTC, October 5, 2023. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: A copy of the Notice of Proposed Rulemaking (NPRM), all
comments received, this final rule and all background material may be
viewed online at www.regulations.gov using the FAA Docket number.
Electronic retrieval help and guidelines are available on the website.
It is available 24 hours each day, 365 days each year.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Steven Roff, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it modifies the route structure as necessary to preserve
the safe and efficient flow of air traffic within the National Airspace
System (NAS).

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA 2022-1798 in the Federal Register (88 FR 2561; January 17, 2023),
proposing to revoke Colored Federal airway B-2 in the vicinity of Point
Lay, AK. Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal to the
FAA. No comments were received.

Incorporation by Reference

    Colored Federal airways are published in paragraph 6009 of FAA
Order JO 7400.11, Airspace Designations and Reporting Points, which is
incorporated by reference in 14 CFR 71.1 on an annual basis. This
document amends the current version of that order, FAA Order JO
7400.11G, dated August 19, 2022, and effective September 15, 2022. FAA
Order JO 7400.11G is publicly available as listed in the ADDRESSES
section of this document. These amendments will be published in the
next update to FAA Order JO 7400.11.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Rule

    This action amends 14 CFR part 71 by revoking Colored Federal
airway B-2 in the vicinity of Pont Lay, AK due to the scheduled
decommissioning of the PIZ, HHM, and FDV NDBs. This action revokes B-2
in its entirety.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine

matter that only affects air traffic procedures and air navigation, it
is certified that this rule, when promulgated, does not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that the revocation of Colored Federal
Airway B-2 qualifies for categorical exclusion under the National
Environmental Policy Act (42 U.S.C. 4321 et seq.) and its implementing
regulations at 40 CFR part 1500, and in accordance with FAA Order
1050.1F, Environmental Impacts: Policies and Procedures, paragraph 5-
6.5a, which categorically excludes from further environmental impact
review rulemaking actions that designate or modify classes of airspace
areas, airways, routes, and reporting points (see 14 CFR part 71,
Designation of Class A, B, C, D, and E Airspace Areas; Air Traffic
Service Routes; and Reporting Points); and paragraph 5-6.5k, which
categorically excludes from further environmental review the
publication of existing air traffic control procedures that do not
essentially change existing tracks, create new tracks, change altitude,
or change concentration of aircraft on these tracks. As such, this
action is not expected to result in any potentially significant
environmental impacts. In accordance with FAA Order 1050.1F, paragraph
5-2 regarding Extraordinary Circumstances, the FAA has reviewed this
action for factors and circumstances in which a normally categorically
excluded action may have a significant environmental impact requiring
further analysis. Accordingly, the FAA has determined that no
extraordinary circumstances exist that warrant preparation of an
environmental assessment or environmental impact study.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p.389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6009 Colored Federal Airways.

* * * * *

B-2 [Removed]

* * * * *

    Issued in Washington, DC, on July 13, 2023.
Karen Chiodini,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-15324 Filed 7-19-23; 8:45 am]
BILLING CODE 4910-13-P


per respondent (i.e., an annual average of 965,509 hours of burden
divided among an anticipated annual average of 472 facilities). The
state Director reporting and record keeping burden for the review,
oversight, and administration of the rule is estimated to average 1,060
hours per respondent (i.e., an annual average of 44,513 hours of burden
divided among an anticipated 42 States on average per year).

Burden means the total time, effort, or financial resources expended by
persons to generate, maintain, or disclose or provide information to or
for a Federal agency. This includes the time needed to review
instructions; develop, acquire, install, and use technology and systems
for the purposes of collecting, validating, and verifying information,
processing and maintaining information, and disclosing and providing
information; adjust the existing ways to comply with any previously
applicable instructions and requirements; train personnel to be able to
respond to a collection of information; search data sources; complete
and review the collection of information; and transmit or otherwise
disclose information. An agency may not conduct or sponsor, and a person
is not required to respond to, a collection of information unless it
displays a currently valid OMB control number. The OMB control number
for EPA’s regulations are listed at 40 CFR Part 9 and 48 CFR Chapter
15.

To comment on EPA’s need for this information, the accuracy of the
provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
the Agency has established a public docket for this ICR under Docket ID
No. EPA-HQ-OW-2008-0719, which is available for public viewing at the
Water Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102,
1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center 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 Reading Room is
202-566-1744, and the telephone number for the Water Docket is
202-566-2426. An electronic version of the public docket is available
through the Federal Docket Management System (FDMS) at
http://www.regulations.gov/. Use FDMS to submit or view public comments,
to access the index listing of the contents of the public docket, and to
access documents in the public docket that are available electronically.
Once in the system, key in the docket ID number identified above. You
can also send comments to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725 17th Street, NW,
Washington, DC 20503, Attention: Desk Office for EPA. Please include the
EPA Docket ID No. OW-2008-0719 and OMB control number 2040-0257 in any
correspondence.

August 2013	 PAGE  40


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, DC 20460

			OFFICE OF  PREVENTION, PESTICIDES,  AND TOXIC SUBSTANCES

MEMORANDUM								July11, 2007

SUBJECT: 		Product Chemistry of Copper Naphthenate

From:			A. Najm Shamim, Ph.D., Chemist

			Regulatory Management Branch II

			Antimicrobials Division (7510P)

To:			Tim McMahon, PhD, Risk Assessor and Senior Toxicologist

			Antimicrobials Division (7510P)

					And

			Kathryn Jakob, CRM for Copper-Naphthenate RED

			Regulatory Management Branch II

			Antimicrobials Division (7510P)

Thru:			Diane Isbell, Team Leader

			Regulatory Management Branch II

			Antimicrobials Division (7510P)

					And

			Mark Hartman, Chief

			Regulatory Management Branch II

			Antimicrobials Division (7510P)

CAS #:				1338-02-9

Chemical Name:		Copper Naphthenate

Common Name:		Naphthenate Salts

Chemical Formula:		C13H23CuO2

Mol. Wt.:			274.87

Molecular Structure:

PC  Code:				023102

Case Number:			3099

Physical/Chemical Characteristics of Copper Naphthenate

	1. Color:		Green-black

	2. Physical State:	Viscous liquid

	3. Odor:		Burnt and hydrocarbon-like odor

	4. m.p.:		N/A, a.i. is not a solid at room temperature

C

	6. Specific Gravity:	0.99- 1.055

	7. Solubility:		4.6899 mg/L @ 25 C

	8. v. p.			1.28 x 10-4  mm Hg

	9. Persistence in Air:	~ 9 hours

	10. Dissoc Constant:	not reported

	11. Log KOW:		4.1

	12. pH:		not reported

	13. Stability:		Stable under normal and elevated temperature

	14. Oxid/Reduc:	N/A: Product does not contain any oxidizing or reducing agents

	15. Flammability:	60 o  C

	16. Explodability:	Keep away from heat, sparks, flames or other sources of ignition. Autoignition: ~ 200o C

	17. Viscosity:		2240 mstokes at ~ 22 o  C

	18. Miscibility:	not reported

	19. Corrosion Char.:	not reported

	20. Dielectric

	 breakdown voltage:	Dielectric breakdown voltage is not established for the product


[Federal Register Volume 87, Number 123 (Tuesday, June 28, 2022)]
[Notices]
[Pages 38399-38400]
[FR Doc No: 2022-13758]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2012-0103; FRL-9975-01-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Diesel Emissions Reduction Act (DERA) and
Clean School Bus (CSB) Rebate Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), Diesel Emissions Reduction Act
(DERA) and Clean School Bus (CSB) Rebate Programs (EPA ICR No. 2461.04,
OMB Control No. 2060-0686) to the Office of Management and Budget (OMB)
for review and approval in accordance with the Paperwork Reduction Act.
This is a proposed extension of the ICR, which is currently approved
through June 30, 2022. Public comments were previously requested via
the Federal Register on August 16, 2021 and February 2, 2022, both with
60-day comment periods. This notice allows for an additional 30 days
for public comments. A fuller description of the ICR is given below,
including its estimated burden and cost to the public. An agency may
not conduct or sponsor and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.

DATES: Additional comments may be submitted on or before July 28, 2022.

ADDRESSES: Submit your comments to EPA, referencing Docket ID No. EPA-
HQ-OAR-2012-0103, online using www.regulations.gov (our preferred
method), by email to [email protected], or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460. EPA's policy is that all
comments received will be included in the public docket without change
including any personal information provided, unless the comment
includes profanity, threats, information claimed to be Confidential
Business Information (CBI), or other information whose disclosure is
restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Jason Wilcox, Office of Transportation
and Air Quality, (6406A), Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 202-343-
9571; fax number:<PHONE_NUMBER>; email address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: This is an extension of the current Information
Collection Request (ICR) for the Diesel Emissions Reduction Act program
(DERA) authorized by Title VII, Subtitle G (Sections 791 to 797) of the
Energy Policy Act of 2005 (Pub. L. 109-58), as amended by the Diesel
Emissions Reduction Act of 2010 (Pub. L. 111-364) and Division S
(Section 101) of the Consolidated Appropriations Act, 2021 (Pub. L.
116-260), codified at 42 U.S.C. 16131 et seq. DERA provides the
Environmental Protection Agency (EPA) with the authority to award
grants, rebates or low-cost revolving loans on a competitive basis to
eligible entities to fund the costs of projects that significantly
reduce diesel emissions from mobile sources through implementation of a
certified engine configuration, verified technology, or emerging
technology. Eligible mobile sources include buses (including school
buses), medium heavy-duty or heavy heavy-duty diesel trucks, marine
engines, locomotives, or nonroad engines or diesel vehicles or
equipment used in construction, handling of cargo (including at ports
or airports), agriculture, mining, or energy production. In addition,
eligible entities may also use funds awarded for programs or projects
to reduce long-duration idling using verified technology involving a
vehicle or equipment described above. The objective of the assistance
under this program is to achieve significant reductions in diesel
emissions in terms of tons of pollution produced and reductions in
diesel emissions exposure, particularly from fleets operating in areas
designated by the Administrator as poor air quality areas. EPA uses
approved procedures and forms to collect necessary information to
operate its grant and rebate programs. EPA has been providing rebates
under DERA since Fiscal Year 2012. EPA is requesting an extension of
the current ICR, which is approved through June 30, 2022, for forms
needed to collect necessary information to operate a rebate program as
authorized by Congress under the DERA program.
    As part of this extension, EPA is revising the ICR to address the
needs of the Clean School Bus (CSB) Program. This program is authorized
by Title XI, Section 71101 of the Infrastructure Investment and Jobs
Act (Pub. L. 117-58). The new program, like DERA,

allows for rebates and grants for school bus replacement projects that
reduce emissions.
    EPA will collect information from applicants who wish to apply for
a rebate under DERA or CSB. Information collected from applicants will
ensure that they are eligible to receive funds, that funds are provided
for eligible activities, and to satisfy the reporting requirements of
DERA and CSB.
    Form Numbers: 2060-0686.
    Respondents/affected entities: Those interested in applying for a
rebate under EPA's Diesel Emission Reduction Act (DERA) or Clean School
Bus (CSB) Program and include but are not limited to the following
NAICS (North American Industry Classification System) codes: 23
Construction; 482 Rail Transportation; 483 Water Transportation; 484
Truck Transportation; 485 Transit and Ground Passenger Transportation;
4854 School and Employee Bus Transportation; 48831 Port and Harbor
Operations; 61111 Elementary and Secondary Schools; 61131 Colleges,
Universities, and Professional Schools; 9211 Executive, Legislative,
and Other Government Support; and 9221 Justice, Public Order, and
Safety Activities.
    Respondent's obligation to respond: Voluntary.
    Estimated number of respondents: 3,000 (total).
    Frequency of response: Voluntary as needed.
    Total estimated burden: 17,287 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $732,996.58 (per year), includes $0
annualized capital or operation & maintenance costs.
    Changes in the Estimates: There is no change in the total estimated
respondent burden compared with the ICR currently approved by OMB.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2022-13758 Filed 6-27-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: December 30, 2009 (Volume 74, Number 249)]
[Rules and Regulations]
[Page 69028]
[DOCID:fr30de09-8]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-1059]

Drawbridge Operation Regulation; Sacramento River, Knights
Landing, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, Eleventh Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Knights Landing Drawbridge across the Sacramento River, mile 90.1, at
Knights Landing, CA. The deviation is necessary to allow the bridge
owner, California Department of Transportation, to paint portions of
the drawbridge. This deviation allows the bridge owner to operate the
double leaf bascule bridge in single leaf mode during the deviation
period.

DATES: This deviation is effective from 7 a.m. on December 30, 2009 to
7 a.m. on February 6, 2010.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-1059 and are available online
by going to http://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2009-1059
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. This material is also available for inspection or
copying at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail David H. Sulouff, Chief, Bridge Section, Eleventh Coast
Guard District, telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION: California Department of Transportation
requested a temporary change to the operation of the Knights Landing
Drawbridge, mile 90.1, Sacramento River, at Knights Landing, CA. The
draw opens on signal if at least 12 hours notice is given as required
by 33 CFR 117.189(b). This deviation allows the bridge owner to operate
the double leaf bascule bridge in single leaf mode while securing one
leaf of the drawspan in the closed-to-navigation position from 7 a.m.
on December 11, 2009 to 7 a.m. on February 6, 2010.
    The Knights Landing Drawbridge provides 3 feet vertical clearance
above the 100 year floodplain when closed and unlimited vertical
clearance in the open-to-navigation position. The drawbridge provides
199 feet horizontal clearance between bridge piers. The horizontal
clearance provided by the drawbridge during single leaf operation is
reduced by approximately 100 feet between the tip of the closed bascule
and the opposite pier face. The vertical clearance will be unaffected.
    No alternative routes are available for navigation. This temporary
deviation has been coordinated with all known waterway users. No
objections were received concerning the temporary deviation.
    Vessels that can safely transit the bridge, while in the closed-to-
navigation position, may continue to do so at any time.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: December 14, 2009.
J.R. Castillo,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. E9-30918 Filed 12-29-09; 8:45 am]

BILLING CODE 9110-04-P


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

EPA Registration Division contact: [Richard Gebken,<PHONE_NUMBER>]

INSTRUCTIONS:  Please utilize this outline in preparing the pesticide petition.  In cases where the outline element does not apply, please insert “NA-Remove” and maintain the outline. Please do not change the margins, font, or format in your pesticide petition. Simply replace the instructions that appear in green, i.e., “[insert company name],” with the information specific to your action.

TEMPLATE:

[BASF Corporation]

[Insert petition number]

	EPA has received a pesticide petition [Insert petition number] from [BASF Corporation], [26 Davis Drive, P.O. Box 13528, Research Triangle Park, North Carolina 27709-3528] proposing, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180 by establishing a tolerance for residues of the insecticide [Afidopyropen, (BAS 440 I); [(3S,4R,4aR,6S, 6aS, 12R,12aS,12bS)-3-(cyclopropanecarbonyloxy)-6,12-dihydroxy-4,6a,12b-trime thyl-11-oxo-9-(pyridin-3-yl)-1,2,3,4,4a,5,6,6a,12a,12b-decahydro-11H,12H -benzo[ƒ]pyrano[4,3-b]chromen-4-yl]methyl cyclopropanecarboxylate, its metabolites, and degradates] in or on the following raw agricultural commodities: [almond hulls] at [0.15] parts per million (ppm) and commodity [apple, wet pomace] at [0.05] parts per million (ppm), and commodity [citrus oil] at [0.3] parts per million (ppm), and commodity [cotton, gin byproducts] at [2] parts per million (ppm), and commodity [cotton, undelinted seed] at [0.1] parts per million (ppm), and commodity [fruit, citrus, group 10-10] at [0.15] parts per million (ppm), and commodity [fruit, pome, group 11-10] at [0.03] parts per million (ppm), and commodity [fruit, stone, group 12-12] at [0.03] parts per million (ppm), and commodity [nut, tree, group 14-12] at [0.01] parts per million (ppm), and commodity [plum, prune] at [0.06] parts per million (ppm), and commodity [soybean, aspirated fractions] at [0.4] parts per million (ppm), and commodity [soybean, forage] at [label restriction] parts per million (ppm), and commodity [soybean, hay] at [label restriction] parts per million (ppm) and commodity [soybean, seed] at [0.01] parts per million (ppm), and commodity [vegetable, brassica, head and stem group 5-13] at [0.5] parts per million (ppm), and commodity [vegetable, cucurbit, group 9] at [0.7] parts per million (ppm), and commodity [vegetable, fruiting, group 8-10] at [0.15] parts per million (ppm), and commodity [vegetable, leaf petioles, subgroup 22B] at [3] parts per million (ppm), and commodity [vegetable, leafy, subgroup 4-13A] at [2] parts per million (ppm), and commodity [vegetable leafy, subgroup 4-13B] at [5] parts per million (ppm), and commodity [vegetable tuberous and corm, subgroup 1C] at [0.01] parts per million (ppm).  EPA has determined that the petition contains data or information regarding the elements set forth in section 408 (d)(2) of FDDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data supports granting of the petition. Additional data may be needed before EPA rules on the petition.

A. Residue Chemistry

	1. Plant metabolism. [Nature of the residue studies were conducted in cabbage, soybean and tomato as representative crops in order to characterize the fate of Afidopyropen (BAS 440 I) in all crop matrices. Two radiocarbon labels were studied in tomato and cabbage with 14C labels positioned in nicotinic acid (nicotinic acid -9-14C) and pyranone (pyranone-4-C14) part of the molecule. Soybean was investigated using radiolabels in three different positions, nicotinic acid part of molecule, pyranone -4-C14 and label in carbonyl of both cyclopropanecarboxylic acid groups. BAS 440 I was the predominant residue in most crops except soybean seed and the dimer metabolite M440I007 was the only metabolite seen in significant levels in all crops; trigonelline was a major component of soybean seed. In all crops the BAS 440 I Residues of Concern (ROC) were characterized as parent BAS 440 I plus metabolite M440I007. Trigonelline, a product of niacin metabolism, that occurs naturally in a wide range of plants, particularly in legumes was determined as not a residue of concern after discussion with US EPA and PMRA.  Confined rotational crop studies were performed with the radiolabel in the nicotinic acid part of the molecule, the pyranone part of the molecule and the carbonyl of the cyclopropanecarboxylic acid groups. The confined rotational crop studies demonstrated that no residues of concern were seen in the representative rotational crops of wheat, radish, and spinach.]

	2. Analytical method. [An independently validated analytical method has been submitted for analyzing residues of parent Afidopyropen (BAS 440 I) plus metabolite M440I007 with appropriate sensitivity in all crop and processed commodities. An independently validated analytical method has been submitted for analyzing residues of parent Afidopyropen (BAS 440 I) plus metabolite M440I001, M440I003 and M440I060 in animal meat, fat and liver and egg and for BAS 440 I and metabolites M440I001, M440I005 and M440I060 in milk with appropriate sensitivity in the event tolerances are established. A multi-residue method using modified AOAC Official method 2007.01 for the determination of residues of Afidopyropen (BAS 440 I) and metabolite M440I007 in plant matrices was successfully validated.]

	3. Magnitude of residues. [Field trials were carried out to determine the magnitude of the residue of Afidopyropen and metabolite M440I007 in/on cotton, undelinted seed; fruit, citrus; fruit, pome; fruit, stone; nut, tree; soybean seed, soybean forage and hay; vegetable brassica, head and stem; vegetable, cucurbit; vegetable, fruiting; vegetable, leaf petiole, vegetable, leafy subgroups A and B and potato.  The number and locations of field trials are in accordance with OPPTS Guideline 860.1500. Field trials were carried out using the maximum label rates, the maximum number of applications, the minimum retreatment interval and the minimum pre-harvest interval (PHI) for all the crops. Residues of Afidopyropen were generally greater than the residues of M440I007 unless both were <LOQ of 0.01 mg/kg. Detected residues of BAS 440 I in all crops with residues measured at >LOQ support the proposed tolerances based on parent Afidopyropen. No residues are anticipated in rotational crops planted in accordance with the proposed labels. No residues are anticipated in animal commodities due to the anticipated low animal Maximum Reasonably Balanced Diets, and no tolerances in animal commodities are proposed.]

B. Toxicological Profile

	1. Acute toxicity. [BAS 440 I has low acute toxicity by the oral, percutaneous, and inhalation routes of administration. The test substance is not irritating to the skin or the eye and is not a dermal sensitizer. The acute toxicity studies place technical BAS 440 I in toxicity category III for acute oral and dermal and category IV for acute inhalation, eye and skin irritation. ]

	2. Genotoxicty. [Afidopyropen was tested for genotoxicity in a battery of assays. Over a range of in vitro and in vivo studies, Afidopyropen showed no indication of genotoxicity.]

	3. Reproductive and developmental toxicity. [BAS 440 I has a large database studying the reproductive effects in the rat. Multiple studies were conducted to fully characterize effects found at high doses. In the definitive rat 2-generation reproduction study, the NOAEL for general, systemic toxicity is 500 ppm (51 mg/kg bw/d) for the F0 and F1 parental rats, based on decreased food consumption and body weight/body weight gain observed at 2000 ppm (186 mg/kg bw/d) in all F0 and F1 parental animals, as well as effects on hematology and clinical chemistry. The NOAEL for fertility and reproductive performance for the parental rats is 500 ppm (51 mg/kg bw/d) due to the reduction in implantation sites and pups delivered in the F1 parents of the 2000 ppm (186 mg/kg bw/d) dose group. The NOAEL for developmental toxicity in the F1 and F2 progeny is 100 ppm (11 mg/kg bw/d), due to the decrease in the pre-weaning pup body weights/pup weight gains observed at the 500 ppm (51 mg/kg bw/d) dose. This developmental effect was only observed during the lactation portion of the study when the effective maternal dose was doubled and the dose exhibited non-linear kinetics. Therefore in the context of risk assessment this effect does not represent meaningful evidence of increased pup sensitivity.

In the rabbit developmental study there were no adverse effects from BAS 440 I in maternal animals at any of the doses tested. Additionally, there were no treatment-related adverse effects on fetuses at any of the doses tested. Under the conditions of this study, both the maternal and fetal NOAEL was determined to be 32 mg/kg bw/d.

In the definitive rat developmental toxicity study, the dose level of 200 mg/kg bw/d produced overt maternal toxicity, as evidenced by body weight loss and one death. The dose level of 100 mg/kg bw/d also produced a slight but statistically significant reduction in food consumption during gestation days 6-9. For fetal parameters, treatment-related effects were limited to a statistically significant increase in the litter incidences of several skeletal variations in the 200 mg/kg bw/d group. These findings were only observed at a maternally-toxic dose level that exceeds a kinetically derived maximum tolerated dose The NOAEL for maternal toxicity in the rat is 50 mg/kg bw. The NOAEL for developmental toxicity in the rat is 100 mg/kg bw/d.]

	4. Subchronic toxicity. [The short-term toxicity of BAS 440 I was investigated in 28- and 90-day oral feeding studies in rats, mice and dogs. Additionally, a 28-day repeated dose dermal exposure study in rats was conducted.

The principal target organ in all studies was the liver, as indicated by organ weight changes and associated histopathological changes at high doses (lipid deposits). In the F344 rat, vacuolar changes (lipid deposits) were also observed in the heart at high dose levels. Additionally, at high doses in the F344 rat (no other species or strain of rat), the uterus was a target, with consistently lower uterus weight.

Findings at the LOAEL were typically only mildly adverse (slight changes in clinical chemistry, organ weight changes without severe histopathological findings). At higher doses, particularly with the dog and mice, treatment was not well tolerated, with severe effects on clinical signs and mortality / moribundity.

Dermal administration of BAS 440 I to rats for 28-days did not result in any treatment-related changes up to the limit dose of 1000 mg/kg.

The lowest NOAEL in subchronic oral toxicity studies was approximately 15 mg/kg bw/day in the dog 90-day study.

Acute and short-term (90 day) neurotoxicity studies were performed to assess the neurotoxic potential of BAS 440 I. An acute neurotoxicity study at a limit dose (2000 mg/kg bw) did not reveal any signs of neurotoxicity. The NOAEL for acute neurotoxicity was established as 2000 mg/kg bw. There was no indication of clinical (general clinical observation, FOB and motor activity) or neurohistopathological neurotoxicity in a subchronic (90D) neurotoxicity study in the rat. Systemic signs of toxicity, namely body weight reduction in the 90D study, were consistent with effects observed in repeated dose studies with BAS 440 I. The NOAEL for subchronic neurotoxicity was established at the highest dose tested, 4000 ppm (238 mg/kg bw/d in males and 273 mg/kg bw in females)]

	5. Chronic toxicity. [Systemic toxicity in long term oral exposure studies in dogs, mice and rats included effects on food consumption, body weight development and clinical chemistry changes. The liver was identified as the main target organ in all species tested, as indicated by liver weight changes and non-neoplastic lesions. An additional target organ at high doses in the F344 rat included the uterus.

BAS 440 I was not carcinogenic to the CD1 mice at dose levels up to 4000 ppm (about 400 mg/kg bw/d).

Treatment of BAS 440 I for 2 years in F344/DuCrlCrlj rats resulted in the induction of uterine adenocarcinomas in females at dose levels ≥ 1000 ppm. Dose levels where these tumors were increased were found to be above a kinetically derived maximum tolerated dose. At these high doses mechanistic data indicates a dopamine enhancement mode of action that leads to rat uterine adenocarcinomas. This mode of action for uterine adenocarcinoma promotion is not relevant to humans due to both qualitative and quantitative differences between rat and human. The Afidopyropen data supports a non-genotoxic, non-human relevant, threshold mode of action for formation of uterine adenocarcinomas in the rat.

In a 1-year study with the dog, the NOAEL was found to be 8 mg/kg bw/d. This endpoint represents the lowest endpoint for a long term exposure to Afidopyropen.]

	6. Animal metabolism. [Rat, goat and hen metabolism studies were conducted to determine the nature of the BAS 440 I residues in animals. Studies were conducted with radiolabeled BAS 440 I with 14C labels positioned in the nicotinic acid or pyranone part of the molecule for the rat, in the pyranone ring or the carbonyl of both cyclopropanecarboxylic acid groups for the goat, and in the carbonyl of the cyclopropanecarboxylic acid groups for the hen. After administration to animals, BAS 440 I was rapidly excreted, seen in low amounts in urine but predominantly in feces, and was transformed to a number of metabolites. The metabolism of BAS 440 I in the animals is generally well understood. Degradation proceeds by cleavage of one or both of the cyclopropanecarboxylic ester groups with release of M440I061, and formation of M440I061 conjugates. In addition, oxidation of the pyridine ring of parent occurs to form the N-oxide, M440I017. Unchanged parent, M440I061 or M440I061-related metabolites such as M440I060 are found as the predominant components in animal matrices. The same metabolic reactions were observed in each of the animals studied, so there is a consistent metabolic pathway for BAS 440 I in rat and livestock.

	7. Metabolite toxicology. [M440I007, a plant metabolite, was tested in a battery of toxicology assays. M440I007 displays no genotoxic potential and was not acutely toxic via the oral route. There were no treatment related findings for any of the doses tested in the rat 90 day dietary study up to the maximum dose tested, 10,000 ppm. The resulting NOAEL was the highest dose tested (708 mg/kg bw in males and 797 mg/kg bw/d in females).

M440I061 was established as a major metabolite in the rat. The rat is a sensitive species to M440I061 toxicity. Therefore the NOAELs established from a wide range of toxicology studies with Afidopyropen can be used to establish protective endpoints for exposure to M440I061. Additionally, a 90D rat study tested M440I061 and established a NOAEL at 10 mg/kg bw/d.

	8. Endocrine disruption. [There were no significant findings in other relevant toxicity studies (e.g., sub-chronic and chronic toxicity, developmental toxicity and multi-generation reproductive studies) which would suggest that BAS 440 I produces endocrine disruption.

In the transcriptional activation assay, BAS 440 I was not an agonist of human estrogen receptor alpha (hERα) in the HeLa-9903 model system.

The weight of the evidence indicates BAS 440 I does not induce human-relevant endocrine disruption.]

C. Aggregate Exposure

	1. Dietary exposure. [The tolerance expression proposed for monitoring and risk assessment in plant commodities is Afidopyropen, parent only.  The parent is the significant residue in crops when residues are >LOQ. Due to the significantly lower toxicity of the metabolite than toxicity of parent, M440007 is not proposed for inclusion in the tolerance expression for risk assessment. No tolerances are proposed in animal commodities at this time. For potential future proposed tolerances in animal commodities, the proposed tolerance expression for monitoring is Afidopyropen and/or M440I060 depending on the matrix. The proposed tolerance expression for dietary risk assessment in animal matrices is Afidopyropen and M440I060.

Exposure assessments were conducted to evaluate the potential risk due to acute and chronic dietary exposure of the U.S. population and all sub-populations. The assessments were performed with DEEM-FCID version 4.02 with consumption data from the 2005-2010 NHANES surveys.]

	i. Food. [Acute Dietary Exposure Assessment

The proposed endpoint for use in the acute dietary assessment is shown in the following table.

Summary of toxicological dose and endpoint for Afidopyropen in acute dietary assessment

Exposure/scenario	Point of departure	Uncertainty/ FQPA safety factor RfD, PAD	Study and toxicological effects

Acute dietary (general population, including infants, children and females 13-49 years of age	NOAEL = 32 mg/kg/d	UF = 10x

UF = 10x

FQPA SF = 1x	Acute RfD = 0.32 mg/kg/d

aPAD = 0.32 mg/kg/d	Rabbit developmental (developmental endpoint)

Inputs for acute dietary exposure estimates are proposed MRLs for all crop commodities, 100 % crop treatment factor, and the processing factors (PF) shown below.

Commodity	Process factor used in assessment

Fruit, citrus, group 10-10	Citrus peel: 1.6

Fruit, pome, group 11-10	Apple, dried: 8

Fruit, stone, group 12-12	Peach, dried: 6

Apricot, dried: 6

Vegetable fruiting, group 8-10	Tomato, dried: 5

Tomato puree:0.22

Tomato paste:0.5

Vegetable tuberous and corm, subgroup 1C	Dry  EPA default 5.5

The residue levels for animal commodities (ruminant meat = 0.0006 mg/kg, ruminant liver = 0.0005 mg/kg; milk = 0.0003 mg/kg; milk fat = 0.003 mg/kg) to use in the dietary assessment were derived from the cow feeding study and goat metabolism study and adjusted based on the anticipated Maximum Reasonably Balanced Diet.

For drinking water, all BAS 440 I uses were examined at maximum use rates, maximum number of applications, and all proposed application methods to determine which use would result in the highest water concentrations. The highest peak water concentration of Afidopyropen occurred from the cucumber use scenario. The highest acute Estimated Environmental Concentration for Afidopyropen residue was estimated to be 2.70 µg/L (ppb) in surface water. The consumption of water, all direct and indirect, was included in the dietary analysis, and the residue concentration in water was set at 0.00270 mg/L based on the surface water concentration determined for the proposed use in cucumber.

The resulting exposure estimates were compared against the Afidopyropen acute Population Adjusted Dose (aPAD) of 0.32 mg/kg bw/day for all populations. The most highly exposed sub-population was children 1-2 years old with 3.0% utilization of the aPAD. The results of the acute dietary assessment are presented in Table 1.

Table 1. Results for BAS 440 I Acute Dietary Exposure (Food and Water) Considering All Proposed Tolerances using DEEM-FCID at the 95th Percentile

Population	Exposure Estimate	% aPAD

Subgroups	(mg/kg bw/day)

	General U.S. Population	0.005497	1.7

All Infants (< 1 year old)	0.006097	1.9

Children (1-2 years old)	0.009481	3.0

Children (3-5 years old)	0.008963	2.8

Children (6-12 years old)	0.006008	1.9

Youth (13-19 years old)	0.004142	1.3

Adults (20-49 years old)	0.005166	1.6

Adults (50+ years old)	0.005269	1.6

Females (13-49 years old)	0.005402	1.7

The results of the analysis show that for all populations, the estimated exposures are well below the Agency's level of concern (< 100% aPAD). Additional refinements in the dietary risk assessment (i.e. utilizing anticipated residue values, percent crop treated values) would further reduce the estimated exposure values.

Chronic Dietary Exposure Assessment

The proposed endpoint for use in the chronic dietary assessment is shown below.

Summary of toxicological dose and endpoint for Afidopyropen in chronic dietary assessment

Exposure/scenario	Point of departure	Uncertainty/ FQPA safety factor RfD, PAD	Study and toxicological effects

Chronic dietary  (all populations)	NOAEL = 8 mg/kg/d	UF = 10x

UF = 10x

FQPA SF = 1x	Chronic RfD = 0.08 mg/kg/d

cPAD = 0.08 mg/kg/d	One year dog  NOAEL = 8 mg/kg day based on deposition of hyaline droplets in hepatocytes

Inputs for chronic dietary exposure estimates are proposed MRLs for all crop commodities, 100 % crop treatment factor, the processing factors (PF) and the residue levels in animal commodities used in the acute assessment.

For drinking water all Afidopyropen uses were examined at maximum use rates, maximum number of applications, and all proposed application methods to determine which use would result in the highest water concentrations. For drinking water, the 365 day average Estimated Environmental Concentration for Afidopyropen residue occurring from the cucumber use scenario was estimated to be 0.528 µg/L (ppb) in surface water. The consumption of water, all direct and indirect, was included in the dietary analysis, and the residue concentration in water was set at 0.000528 mg/L based on the surface water average concentration determined for the proposed use in cucumber.

The resulting exposure estimates were compared against the Afidopyropen chronic Population Adjusted Dose (cPAD) of 0.08 mg/kg bw/day for all populations. The results of the chronic dietary assessment including food and water are presented in Table 2. The most highly exposed population sub-group was children 1-2 years of age which utilized 3.4% cPAD.

Table 2.  Results for BAS 440 I Chronic Dietary Exposure (Food and Water) Considering All Current, Pending, and Proposed Tolerances using DEEM-FCID

Population	Exposure Estimate	% cPAD

Subgroups	(mg/kg bw/day)

	U.S. Population	0.001479	1.8

All Infants (< 1 year old)	0.001228	1.5

Children (1-2 years old)	0.002704	3.4

Children (3-5 years old)	0.002359	2.9

Children (6-12 years old)	0.00158	2.0

Youth (13-19 years old)	0.001083	1.4

Adults (20-49 years old)	0.00135	1.7

Adults (50+ years old)	0.001537	1.9

Females (13-49 years old)	0.001413	1.8

The results of the risk assessment show that for all populations the exposures are below a level of concern (< 100% cPAD). Additional refinements in the dietary risk assessment (i.e. utilizing anticipated residue values, percent crop treated values) would further reduce the estimated exposure values.]

	ii. Drinking water. [The consumption of Afidopyropen residues in drinking water was included in the acute and chronic dietary assessments above.

M440I061 is a potential soil metabolite due to aerobic soil degradation of Afidopyropen and thus has potential for residues in drinking water. An endpoint for use in the dietary assessment of M440I061 in drinking water is available from a 90 day study in rat performed with Afidopyropen metabolite M440I061.

Summary of toxicological dose and endpoint for Afidopyropen metabolite M440I061 in dietary assessment of M440I061 ingested as M440I061

Exposure/scenario	Point of departure	Uncertainty/ FQPA safety factor RfD, PAD	Study and toxicological effects

Acute or chronic dietary  (all populations)	NOAEL = 10 mg/kg/d	UF = 10x

UF = 10x

FQPA SF = 1x	RfD = 0.10 mg/kg/d

aPAD = cPAD = 0.10 mg/kg/d	Repeat dose 90 day oral toxicity in rat

NOAEL = 10 mg/kg day

For drinking water all Afidopyropen uses were examined at maximum use rates, maximum number of applications and all proposed application methods to determine which use would result in the highest water concentrations for the metabolite M440I061. The peak water concentration of Afidopyropen metabolite M440I061 occurred from the tomato use scenario; the peak Estimated Environmental Concentration for M440I061 residue was 2.810 µg/L (ppb) in surface water. For drinking water, the 365 day average Estimated Environmental Concentration for Afidopyropen metabolite M440I061 residue occurring from the tomato use scenario was estimated to be 0.986 µg/L (ppb) in surface water. The estimated numbers were used in dietary assessments for direct and indirect drinking water using DEEM-FCID, version 4.02.

The resulting acute or chronic exposure estimates for drinking water were compared against the Afidopyropen metabolite M440I061 reference dose of 0.10 mg/kg bw/day for all populations. The results for the acute assessment and chronic assessment are presented in Tables 3 and 4, respectively. The results show that the exposure to metabolite M440I061 in water is very low with the highest acute exposure for all infants utilizing 0.51% of the reference dose and the highest chronic exposure for all infants utilizing 0.04% of the reference dose. The exposure from drinking water is very low and the contribution to the overall risk assessment is not significant.  Therefore, the contribution from M440I061 was not included in an aggregate risk assessment.

Table 3.  Results for Afidopyropen Metabolite M440I061 Acute Dietary Exposure for Drinking Water Considering All Proposed Uses using DEEM-FCID

Population	Exposure Estimate	% cPAD

Subgroups	(mg/kg bw/day)

	U.S. Population	0.00015	0.15

All Infants (< 1 year old)	0.000513	0.51

Children (1-2 years old)	0.000216	0.22

Children (3-5 years old)	0.00017	0.17

Children (6-12 years old)	0.000133	0.13

Youth (13-19 years old)	0.000125	0.13

Adults (20-49 years old)	0.000146	0.15

Adults (50+ years old)	0.000127	0.13

Females (13-49 years old)	0.000148	0.15

Table 4.  Results for Afidopyropen Metabolite M440I061 Chronic Dietary Exposure for Drinking Water Considering All Proposed Uses using DEEM-FCID

Population	Exposure Estimate	% cPAD

Subgroups	(mg/kg bw/day)

	U.S. Population	0.000011	0.01

All Infants (< 1 year old)	0.00004	0.04

Children (1-2 years old)	0.000015	0.015

Children (3-5 years old)	0.000012	0.01

Children (6-12 years old)	0.000009	0.01

Youth (13-19 years old)	0.000008	0.01

Adults (20-49 years old)	0.000011	0.01

Adults (50+ years old)	0.00001	0.01

Females (13-49 years old)	0.00001	0.01

	2. Non-dietary exposure.

[BASF is proposing a greenhouse use on vegetable transplants that could be sold to consumers. The dermal exposures for adults and children 6-11 years old calculated using EPA’s Residential SOPs indicate that the potential exposure is very low for this use. Because no dermal hazard of concern was identified for Afidopyropen, and no inhalation exposure is expected for handling vegetable transplants, an aggregate exposure determination is not required for this use.]

D. Cumulative Effects ["Section 408(b)(2)(D)(v) requires that, when considering whether to establish, modify, or revoke a tolerance, the Agency consider “available information'' concerning the cumulative effects of a particular pesticide's residues and “other substances that have a common mechanism of toxicity." Unlike other pesticides for which EPA has followed a cumulative risk approach based on a common mechanism of toxicity, EPA has not made a common mechanism of toxicity finding as to Afidopyropen. For the purposes of this tolerance action, therefore, BASF has not assumed that Afidopyropen BAS 440 I has a common mechanism of toxicity with other substances.]

E. Safety Determination

	1. U.S. population. [Based on this risk assessment, BASF concludes that there is a reasonable certainty that no harm will result to the general population from the aggregate exposure to Afidopyropen from the proposed uses.]

	2. Infants and children. [Based on this risk assessment, BASF concludes that there is a reasonable certainty that no harm will result to infants or children from the aggregate exposure to Afidopyropen from the proposed uses rotational crops.]

F. International Tolerances

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There are no CODEX maximum residue levels established for residues of Afidopyropen. ]

 PAGE

 PAGE   5


[Federal Register Volume 80, Number 179 (Wednesday, September 16, 2015)]
[Notices]
[Pages 55661-55665]
[FR Doc No: 2015-23213]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75876; File No. SR-NASDAQ-2015-105]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Nasdaq Rules 7014 and 7018, Pertaining to Credits, Rebates, and
Fee Caps

September 10, 2015.
    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 September 1, 2015, The NASDAQ Stock Market LLC (``Nasdaq'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') a 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    Nasdaq is proposing to amend Nasdaq Rule 7014, concerning the
Exchange's Market Quality Incentive Programs, and Nasdaq Rule 7018,
governing fees and credits assessed for execution and routing of
securities.
    The text of the proposed rule change is available at
nasdaq.cchwallstreet.com at Nasdaq principal office, 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, Nasdaq 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Nasdaq is proposing to amend Rule 7014 to increase a rebate it
provides under the NBBO Program. Currently, the Exchange provides a
rebate per share executed with respect to all other displayed orders
(other than Designated Retail Orders, as defined in Rule 7018) in
securities priced at $1 or more per share that provide liquidity and
establish the NBBO. The rebate is in addition to any rebate or credit
payable under Rule 7018(a) and the ISP and QMM Program under Rule 7014.
To qualify for a $0.0004 per share executed rebate in New York Stock
Exchange (``NYSE'')-listed securities (``Tape A'') or a $0.0002 per
share executed rebate in Nasdaq-listed securities (``Tape C'') and in
securities listed on exchanges other than Nasdaq and NYSE (``Tape B'')
(collectively, the ``Tapes''), a member firm must either (1) execute
shares of liquidity provided in all securities through one or more of
its Nasdaq Market Center MPIDs that represents 0.5% or more of
Consolidated Volume \3\ during the month, or (2) add NOM Market Maker
liquidity, as defined in Chapter XV, Section 2 of the Nasdaq

Options Market rules, in Penny Pilot Options and/or Non-Penny Pilot
Options above 0.90% of total industry customer equity and ETF option
ADV contracts per day in a month. The Exchange is proposing to increase
the rebate available in Tape B securities from $0.0002 per share
executed to $0.0004 per share executed.
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    \3\ Consolidated Volume is defined as the total consolidated
volume reported to all consolidated transaction reporting plans by
all exchanges and trade reporting facilities during a month in
equity securities, excluding executed orders with a size of less
than one round lot. For purposes of calculating Consolidated Volume
and the extent of a member's trading activity, expressed as a
percentage of or ratio to Consolidated Volume, the date of the
annual reconstitution of the Russell Investments Indexes shall be
excluded from both total Consolidated Volume and the member's
trading activity. See Rule 7018(a).
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    Nasdaq also proposes to amend Rule 7018 to add a new credit tier
for certain displayed quotes and orders, modify qualification criteria
that a member firm must meet to receive certain credits under the rule,
eliminate a credit provided for displayed Designated Retail Orders
(``DRO''),\4\ eliminate certain fee caps applied to Orders that employ
the DOT and LIST Order routing strategies, and decrease the charge
assessed for a LIST Order in a security listing on a venue other than
Nasdaq or NYSE.
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    \4\ A Designated Retail Order is an agency or riskless principal
order that meets the criteria of FINRA Rule 5320.03 and that
originates from a natural person and is submitted to Nasdaq by a
member that designates it pursuant to this rule, provided that no
change is made to the terms of the order with respect to price or
side of market and the order does not originate from a trading
algorithm or any other computerized methodology. See Rule 7018.
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    The Exchange is proposing to add a new credit of $0.0030 per share
executed for displayed quotes and orders (other than Supplemental
Orders or Designated Retail Orders) that provide liquidity under Rules
7018(a)(1), (2) and (3). To qualify for the credit, a member firm must
have shares of liquidity provided in all securities through one or more
of its Nasdaq Market Center MPIDs that represent 0.575% or more of
Consolidated Volume during the month, including shares of liquidity
provided with respect to securities that are listed on exchanges other
than Nasdaq or NYSE that represent 0.15% or more of Consolidated
Volume.
    The Exchange is proposing to modify the criteria required to
receive a credit for non-displayed orders (other than Supplemental
Orders) that provide liquidity. Currently, the Exchange provides a
$0.0025 per share executed credit for midpoint orders if the member
firm provides an average daily volume of 5 million or more shares
through midpoint orders during the month and either adds Customer \5\
and/or Professional \6\ liquidity in Penny Pilot Options \7\ and/or
Non- Penny Pilot Options \8\ of 1.40% or more of national customer
volume in multiply-listed equity and ETF options classes in a month as
pursuant to Chapter XV, Section 2 of the Nasdaq Options Market
(``NOM'') rules or adds 8 million shares of non-displayed liquidity
(excluding RPI Orders). The Exchange provides this credit in Tape C
securities under Rule 7018(a)(1), in Tape A securities under Rule
7018(a)(2) and in Tape B securities under Rule 7018(a)(3). The Exchange
is proposing to eliminate the criteria that the member firm either adds
Customer and/or Professional liquidity in Penny Pilot Options and/or
Non-Penny Pilot Options of 1.40% or more of national customer volume in
multiply-listed equity and ETF options classes in a month as pursuant
to Chapter XV, Section 2 of the NOM rules applied to each of the Tapes
under Rules 7018(a)(1)-(3). The Exchange is also proposing to delete
superfluous text concerning exclusion of RPI Orders \9\ from counting
toward the remaining requirement that the member firm add at least 8
million shares of non-displayed liquidity. The Exchange notes that the
RPI program, which was adopted as a pilot program to attract retail
order flow to the Exchange and allow such order flow to receive
potential price improvement, expired on December 31, 2014 \10\ and
therefore rendered the exclusion under Rules 7018(a)(1)-(3) moot.
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    \5\ As defined by NASDAQ Options Rules, Chapter XV.
    \6\ Id.
    \7\ The Penny Pilot allows market participants to quote in penny
increments in certain series of option classes and is designed to
narrow the average quoted spreads in all classes in the Pilot, which
may result in customers and other market participants to trade
options at better prices. See NASDAQ Options Rules, Chapter XV, Sec.
2(1).
    \8\ Id.
    \9\ RPI Order, or Retail Price Improvement Order, was defined by
former Nasdaq Rule 4780(a)(3) as an order consisting of non-
displayed liquidity on Nasdaq that is priced better than the
protected NBBO by at least $0.001 and that is identified as such.
    \10\ See Securities Exchange Act Release No. 73182 (September
23, 2014), 79 FR 57995 (September 26, 2014) (SR-NASDAQ-2014-094)
(extending the pilot program through December 31, 2014); see also
Securities Exchange Act Release No. 75252 (June 22, 2015), 80 FR
36865 (June 26, 2015) (SR-NASDAQ-2015-024) (removing rule text
relating to the expired pilot).
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    The Exchange is also proposing to eliminate the $0.0033 per share
executed credit provided to member firms for displayed DROs for each of
the Tapes under Rules 7018(a)(1)-(3). In a related change, the Exchange
is eliminating the criteria a member firm must satisfy to receive a
$0.0034 per share executed credit provided to member firms for
displayed DROs in securities of each of the Tapes under Rules
7018(a)(1)-(3). Currently, to receive the $0.0034 per share executed
credit a member firm must add Customer and/or Professional liquidity in
Penny Pilot Options and/or Non- Penny Pilot Options of 1.40% or more of
national customer volume in multiply-listed equity and ETF options
classes in a month as pursuant to Chapter XV, Section 2 of the Nasdaq
Options Market rules. As a consequence of the two proposed changes to
these credits, a member firm that would have qualified for the $0.0033
per share executed credit will now instead qualify for a higher per
share executed credit.
    The Exchange is proposing to eliminate certain fee caps under Rule
7018 as well. Currently, under Rule 7018(a)(2) the Exchange assesses a
charge of $0.0015 per share executed for DOT or LIST Orders in Tape A
securities that execute in the NYSE opening or re-opening process, but
limits the charge assessed member firms to no more than $5,000 per
month when combined with the LIST orders that execute in the NYSEArca
and NYSEAmex opening or re-opening process if member adds Customer and/
or Professional liquidity in Penny Pilot Options and/or Non-Penny Pilot
Options of 1.40% or more of national customer volume in multiply-listed
equity and ETF options classes in a month as pursuant to Chapter XV,
Section 2 of the Nasdaq Options Market Rules. The Exchange is
eliminating the language concerning the cap and the criteria required
to qualify for the fee cap.
    The Exchange is also proposing to eliminate the fee caps applied to
charges for LIST Orders in Tape B securities that execute in the
NYSEArca and NYSEAmex opening or re-opening processes under Rule
7018(a)(3). Under the rule, such orders are assessed a charge of
$0.0005 per share executed. Currently, the Exchange limits the total
charges assessed a member firm for all LIST Orders that execute in the
NYSEArca opening or re-opening process, to no more than $10,000 per
month. The Exchange is proposing to eliminate this fee cap. In
addition, the Exchange provides a second fee cap under the rule. This
fee cap limits the total charges assessed for LIST Orders in Tape B
securities that execute in the NYSEArca and NYSEAmex opening or re-
opening processes when combined with DOT or LIST orders that execute in
the NYSE opening process or reopening process to no more than $5,000
per month. To be eligible for this fee cap, a member firm must add
Customer and/or Professional liquidity in Penny Pilot Options and/or
Non-Penny Pilot Options of 1.40% or more of national customer volume in
multiply-listed equity and ETF options classes in a month as pursuant
to Chapter XV,

Section 2 of the Nasdaq Options Market Rules. The Exchange is proposing
to eliminate this fee cap. As a consequence of these two changes,
member firms will be assessed the $0.0005 per share executed charge for
every share executed in the opening or re-opening processes of NYSEArca
and NYSEAmex.
    Lastly, the Exchange is proposing to decrease a charge assessed for
LIST Orders that executes in the NYSEArca closing process. Currently,
Nasdaq assesses a charge of $0.0010 per share executed for a LIST Order
that executes in the NYSEArca closing process. The Exchange is
proposing to reduce the charge from $0.0010 per share executed to
$0.0005 per share executed.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\11\ in general, and with
Sections 6(b)(4) and 6(b)(5) of the Act,\12\ 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 or system which Nasdaq operates or controls and is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest; and are not designed to
permit unfair discrimination between customers, issuers, brokers, or
dealers.
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    \11\ 15 U.S.C. 78f.
    \12\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed change to amend Rule
7014(g) is reasonable because it provides an opportunity for members
that qualify to receive a higher per share executed rebate for all
other displayed orders (other than Designated Retail Orders, as defined
in Rule 7018) in Tape B securities priced at $1 or more per share that
provide liquidity and establish the NBBO. Thus the rebate provides
incentive to members to provide aggressively priced orders in Tape B
securities that improve the market by setting the NBBO. Increasing the
Tape B rebate is reflective of the Exchange's desire to improve the
market on Nasdaq in Tape B securities in terms of setting the NBBO,
which is currently not as robust as price setting in non-Tape B
securities. Nasdaq believes the proposed change is equitable and not
unfairly discriminatory because the $0.0004 per share executed rebate
under the NBBO Program is available to all members on an equal basis
and provides a rebate for activity that improves the Exchange's market
quality through increased activity and by encouraging the setting of
the NBBO. In this regard, the NBBO Program encourages higher levels of
liquidity provision into the price discovery process and is consistent
with the overall goals of enhancing market quality.
    Nasdaq believes that the proposed new credit of $0.0030 per share
executed provided to a member firm for displayed quotes and orders
(other than Supplemental Orders or Designated Retail Orders) is
reasonable because it provides incentive to member firms to improve the
market for all participants by requiring certain levels of monthly
Consolidated Volume in shares of liquidity provided in all securities
through one or more of its Nasdaq Market Center MPIDs. A significant
level of the required Consolidated Volume must be in shares of
liquidity provided with respect to securities that are listed on
exchanges other than Nasdaq or NYSE. As a consequence, the Exchange is
both providing an incentive to member firms to improve the market in
terms of liquidity in securities of all Tapes with an additional
requirement that a certain amount of that liquidity be in Tape B
securities, the levels of which Nasdaq has determined to increase
relative to securities of the other Tapes on Nasdaq. Such improvement
liquidity generally benefits the investing public. Nasdaq believes that
the proposed change is consistent with an equitable allocation of fees
and is not unfairly discriminatory because the Exchange will provide
the credit to any member firm that qualifies under the criteria. In
addition, the Exchange notes that the proposed change is consistent
with the Exchange's approach of providing credits in return for certain
market-improving activity that benefits all market participants.
    Nasdaq believes that the proposed changes to the criteria required
to receive a $0.0025 per share executed credit for midpoint orders
under Nasdaq Rules 7018(a)(1)-(3) are reasonable because the Exchange
has determined that removing the criteria may better promote the use of
midpoint and non-displayed orders on the Exchange, which provide
market-improving liquidity to all market participants. The Exchange
believes that the removal of the rule text referencing RPI Orders is
reasonable because there is no longer an RPI program on Nasdaq.
Consequently, removing the text will help avoid any market participant
confusion created by referencing a now-defunct program. The Exchange
also believes that these proposed changes are equitable and not
unfairly discriminatory because they will be applied uniformly to all
market participants and to securities of all three Tapes. As such, all
member firms transacting in midpoint orders will have the opportunity
to receive the credit, regardless of their participation on NOM.
    The Exchange believes the proposed changes to the credits provided
for displayed DROs under Rules 7018(a)(1)-(3) are reasonable because
they eliminate a lower credit, which did not have qualification
criteria, and eliminate the criteria needed to qualify for a higher
credit. As such, the proposed changes have the effect of increasing the
credit provided to a member firm entering displayed DROs that would not
have qualified under the deleted qualification criteria. Making the
higher credit available to all market participants may encourage more
activity in DROs, thus increasing the level of retail order liquidity
available in Nasdaq. Retail orders are likely to reflect long-term
investment intentions and therefore promote price discovery and dampen
volatility to the benefit of all market participants. The change is
consistent with an equitable allocation of fees and is not unfairly
discriminatory because it broadens the availability of credit used as a
means to encourage greater retail participation in Nasdaq. Because the
presence of retail orders in the Nasdaq market has the potential to
benefit all market participants, it is therefore equitable and not
unfairly discriminatory to provide financial incentives with respect to
such orders. Lastly, the Exchange believes that these proposed changes
are equitable and not unfairly discriminatory because all members that
add displayed DROs will receive a higher credit than under the current
rule, which was previously only available if a member firm also
provided certain levels of volume on NOM.
    The Exchange believes that the proposed elimination of the fee caps
applicable to DOT and LIST Orders participating in the opening or re-
opening processes of the exchanges under Rules 7018(a)(2)-(3) are
reasonable because Nasdaq has determined that restricting fee liability
for DOT and LIST orders is not warranted at this time. The Exchange
notes that it incurs fees in routing DOT and LIST orders for execution
and,

consequently, Nasdaq does not recapture those fees from routing DOT and
LIST orders once a member firm qualifies for the cap. Therefore,
elimination of the fee caps will help the Exchange recapture some of
the costs it incurs routing DOT and LIST orders, while maintaining the
relatively low charge for use of Nasdaq's routing functionality.
Moreover, the Exchange has determined that the market in DOT and LIST
Orders is sufficiently robust to not warrant a capped fee. The Exchange
also believes that the proposed elimination of the fee caps is
equitable and not unfairly discriminatory because all member firms that
enter DOT or LIST orders that participate in the opening or re-opening
processes of NYSE, NYSEArca and NYSEAmex will be assessed a per share
executed charge for all such orders executed thereon.
    The Exchange believes the proposed reduction in the charge assessed
for LIST Orders that execute in the NYSEArca closing process is
reasonable because the Exchange has determined to provide an additional
incentive, in the form of a reduced charge, to member firms to enter
LIST Orders on the Exchange that receive execution in the NYSEArca
closing process. The Exchange also believes that the proposed reduction
in the charge assessed for LIST Orders that execute in the NYSEArca
closing process is equitable and not unfairly discriminatory because
all members that enter LIST Orders NYSEArca-listed securities that are
executed in the NYSEArca closing process will receive the lower charge.
The Exchange notes that, although it currently charges a higher rate
for LIST Orders in NYSEAmex securities that execute in the NYSEAmex
closing process, it believes the proposed fee does not discriminate
unfairly because the Exchange is providing incentive to market
participants to improve the market on Nasdaq in LIST Orders in NYSEArca
securities. The Exchange notes that LIST orders may provide liquidity
to Nasdaq prior to executing in the closing cross of another exchange,
thereby improving liquidity on Nasdaq.
    Finally, Nasdaq notes that it operates in a highly competitive
market in which market participants can readily favor competing venues
if they deem fee levels at a particular venue to be excessive. In such
an environment, Nasdaq must continually adjust its fees to remain
competitive with other exchanges and with alternative trading systems
that have been exempted from compliance with the statutory standards
applicable to exchanges. Nasdaq believes that the proposed rule change
reflects this competitive environment because it is designed, in part,
to increase credits and reduce charges for members that enhance the
quality of Nasdaq's market.

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

    Nasdaq does not believe that the proposed rule changes will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.\13\ Nasdaq notes
that it operates in a highly competitive market in which market
participants can readily favor competing venues if they deem fee levels
at a particular venue to be excessive, or rebate opportunities
available at other venues to be more favorable. In such an environment,
Nasdaq must continually adjust its fees to remain competitive with
other exchanges and with alternative trading systems that have been
exempted from compliance with the statutory standards applicable to
exchanges. Because competitors are free to modify their own fees in
response, and because market participants may readily adjust their
order routing practices. [sic]
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    With regard to the proposed changes, the Exchange is increasing a
rebate in an effort to improve market quality. Similarly, the Exchange
is providing a new credit to incentivize member firms to add liquidity
in the market. Such changes may foster competition among exchanges and
other market venues to provide similar incentives, which would benefit
all market participants. The Exchange notes that it is eliminating fee
caps, which the Exchange has determined is not economically warranted
at this juncture. As a consequence, member firms will pay for all
executed shares under the respective charges and not for a limited
number. The Exchange is also effectively reducing requirements to
receive certain credits and reduced fees in an effort to make such
reduced fees and credits more attainable, which in turn would improve
the market to the extent more member firms meet the remaining criteria
required to receive such reduced fees and credits. The Exchange must
weigh the costs of offering incentives to market participants against
the desired benefit the Exchange seeks to achieve. To the extent these
incentives achieve these goals, the Exchange may from time to time
adjust the level of incentive to pare back the level of incentive.
Conversely, to the extent the incentive is not effective, the Exchange
may increase the incentive or adopt an alternative incentive. Such
changes are reflective of robust competition among exchanges and other
market venues. In sum, if the changes proposed herein are unattractive
to market participants it is likely that Nasdaq will lose market share
as a result. As such, the Exchange does not believe the proposed
changes will place a burden on competition.

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

    Written comments were neither solicited nor received.

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

    The foregoing change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\14\ 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.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

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-NASDAQ-2015-105 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-2015-105.
This file number should be included on the subject line if email is
used. To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent

amendments, all written statements with respect to the proposed rule
change that are filed with the Commission, and all written
communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for Web site viewing and printing in the Commission's Public
Reference Room, 100 F Street NE., Washington, DC 20549, on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
such filing will also be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NASDAQ-2015-105 and should be submitted on or before
October 7, 2015.
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    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-23213 Filed 9-15-15; 8:45 am]
 BILLING CODE 8011-01-P