[Federal Register Volume 88, Number 83 (Monday, May 1, 2023)]
[Notices]
[Pages 26586-26587]
[FR Doc No: 2023-09189]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2022-0038; OMB No. 1660-NW144]

Agency Information Collection Activities: Submission for OMB
Review, Comment Request; FEMA Region II Community and Faith-Based
Organizations Needs/Capabilities and Continuity Program Survey

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

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

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SUMMARY: The Federal Emergency Management Agency (FEMA) will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995. The submission seeks comments
concerning a series of surveys on continuity planning and
organizational needs and capabilities from various stakeholders.

DATES: Comments must be submitted on or before May 31, 2023.

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

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Information Management Division, 500 C St. SW, Washington, DC 20472,
email address: [email protected] or
Jeremy Brooks, Management and Program Analyst, at
[email protected] or<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The legal basis for the collection off the
following information includes Titles 6 and 42 of the United States
Code. The sections in Title 6 include 313, 314, and 317, which provides
legal authority and responsibilities to the Federal Emergency
Management Agency (FEMA) and to its respective regional offices to work
with state, local, territorial and Tribal (SLTT) governments and
private non-profits (PNP) with disaster preparedness. The sections in
Title 42 include 5131(a), 5131(b), 5195, 5196(e), and 5196(f). The
identified sub sections of 5131 provides legal authority to FEMA
Federal and state disaster preparedness programs via utilization of
services of other agencies and technical assistance. Section 5195 stats
that a purpose of 42 U.S.C. et seq. is to vest responsibility for
emergency preparedness in the Federal Government. Section 5195a
provides definitions for relevant terms. Sections 5196(e) and 5196(f)
provide detailed functions of administration for emergency preparedness
measures and training programs. All these legal authorities affirm the
authority of FEMA Region II to collect this information and the
critical need to do so.
    Additionally, the Presidential Policy Directive (PPD-8)--National
Preparedness, directed the development of the National Preparedness
Goal that identifies core capabilities necessary for preparedness and a
National Preparedness System to guide activities to reach the Goal. The
proposed

collection works to improve tracking of core capabilities across FEMA
Region II to most efficiently use resources to meet the National
Preparedness Goal by utilizing elements of the 2018 FEMA text, Engaging
Community and Faith-based Organizations.
    The Federal Emergency Management Agency (FEMA) National
Preparedness Division (NPD) is responsible for educating and securing
the nation with the capabilities required across the whole community to
prevent, protect against, mitigate, respond to, and recover from the
threats and hazards that pose the greatest risk. One of the ways FEMA
accomplishes this is through conducting exercises, trainings, and
webinars where stakeholders like SLTT governments and PNP entities
participate.
    The delivery methodology of these programs to a variety of
stakeholders are always evolving and continuously improving to meet
stakeholder's needs. Likewise, as internal agency policy changes, so
can delivery methods. Specifically for FEMA, this includes release of
the 2022-2026 FEMA Strategic Plan. Strategic Goal #3 includes Promote
and Sustain a Ready FEMA and Prepared Nation, and the objectives 3.1--
Strengthen the Emergency Management Workforce and 3.2--Posture FEMA to
Meet Current and Emergency Threats. This strategic goal and its
associated objectives are well aligned to priorities of FEMA Region
II's National Preparedness Division, with internal goals of data-driven
capacity building and a more equitable approach to program delivery.
    By better gauging stakeholder capacity and needs at an
organizational level we can better provide programs and services to our
stakeholders to ultimately improve preparedness in FEMA Region II.
    Authorities for the collection of information include the
following: Presidential Policy Directive (PPD-8), National
Preparedness; 6 U.S.C. 313, 314, 317(c); 42 U.S.C. 5195, 5196(e) and
(f); 42 U.S.C. 5131(a) and (b).
    This proposed information collection previously published in the
Federal Register on January 3, 2023, at 88 FR 87 with a 60 day public
comment period. One comment suggesting multiple detailed edits was
received. The purpose of this notice is to notify the public that FEMA
will submit the information collection abstracted below to the Office
of Management and Budget for review and clearance.

Collection of Information

    Title: FEMA Region II Community and Faith-Based Organizations
Needs/Capabilities and Continuity Program Survey.
    Type of Information Collection: New information collection.
    OMB Number: 1660-NW144.
    FEMA Forms: FEMA Form FF-008-FY-22-128, Region II Community and
Faith-Based Organizations Needs/Capabilities Feedback Survey.
    Abstract: FEMA Region II (NJ, NY, PR, VI) is working to better
assess the ability of stakeholders' emergency response capabilities to
better target program design and delivery in the future. These
voluntary survey questions are designed to collect actionable data at
the organizational level and allows for a better understanding of
potential future collaborations.
    Affected Public: Not-for-profit institutions; State, Local, or
Tribal Government.
    Estimated Number of Respondents: 1,862.
    Estimated Number of Responses: 1,862.
    Estimated Total Annual Burden Hours: 466.
    Estimated Total Annual Respondent Cost: $19,086.
    Estimated Respondents' Operation and Maintenance Costs: $0.
    Estimated Respondents' Capital and Start-Up Costs: $0.
    Estimated Total Annual Cost to the Federal Government: $9,878.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

Millicent Brown Wilson,
Records Management Branch Chief, Office of the Chief Administrative
Officer, Mission Support, Federal Emergency Management Agency,
Department of Homeland Security.
[FR Doc. 2023-09189 Filed 4-28-23; 8:45 am]
BILLING CODE 9111-27-P


[Federal Register Volume 81, Number 171 (Friday, September 2, 2016)]
[Notices]
[Pages 60756-60758]
[FR Doc No: 2016-21131]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78714; File No. SR-Phlx-2016-84]

Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Rule
1042A, Exercise of Options Contracts and Options Floor Procedure Advice
G-1, Index Option Exercise Advice Forms

August 29, 2016.
    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 August 22, 2016, NASDAQ PHLX LLC (``Phlx'' 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 amend Rule 1042A, Exercise of Options
Contracts and Options Floor Procedure Advice G-1, Index Option Exercise
Advice Forms
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqphlx.cchwallstreet.com/, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange is amending Rule 1042A to provide additional clarity
to member organizations and add additional requirements regarding the
procedures to be followed in order to exercise American style index
option contracts. Currently, Rule 1042A states that ``[a] memorandum to
exercise any American style stock index option contract, issued or to
be issued in a customer, market maker or firm account at the Options
Clearing Corporation must be received or prepared by the member
organization no later than five minutes after the close of trading on
that day and must be time-stamped at the time it is received or
prepared.'' \3\ Commentary .01 further states that ``[a]ll memoranda of
exercise instructions prepared pursuant to this Rule 1042A are subject
to Securities and Exchange Commission rules 17a-3(a)(6) and 17a-4(b).''
However, the rule does not state what a ``memorandum of exercise'' is.
Nor does it state from whom the member organization may ``receive'' it.
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    \3\ See existing Rule 1042A(i).
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    Rule 1042A also requires a member or member organization to that
intends to submit an ``exercise notice'' for any American style option
contract(s) on behalf of a customer, specialist, Registered Options
Trader, or firm account to deliver an ``Exercise Advice'' on a form
prescribed by the Exchange, to a place designated by the Exchange, no
later than five minutes after the close of trading.\4\ However, the
rule does not state what an ``Exercise Advice'' or an ``exercise
notice'' is, or whether they may be the same thing or a different
thing, or how they relate to the ``memorandum to exercise'' (though
both the memorandum to exercise and the exercise advice are due no
later than five minutes after the close of trading). The Exchange
believes therefore that the current rule is susceptible to
misinterpretation and confusion on the part of the reader.
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    \4\ See existing Rule 1042A(ii).
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    The Exchange has consequently determined to provide additional
clarity to member organizations regarding procedures to be followed in
order to exercise an American-style index option contract. It proposes
to delete all rule text currently found in section (a) of Rule 1042A
with the exception of the first part of the first sentence, which reads
simply and clearly that ``[w]ith respect to index option contracts,
clearing members are required to follow the procedures of the Options
Clearing Corporation for tendering exercise notices''. In place of the
deleted text, the Exchange proposes to adopt several new provisions
that clearly articulate the procedures to be followed.
    The new language specifies that Clearing Members must follow the
procedures of the Options Clearing Corporation (``OCC'') when
exercising American-style cash-settled index options contracts issued
or to be issued in any account at OCC. Member organizations must also
observe certain procedures with respect to American-style cash-settled
index options. Specifically, for all contracts exercised by the member
organization or by any customer of the member organization, an
``exercise advice'' must be delivered by the member organization in
such form or manner prescribed by the Exchange no later than five (5)
minutes after the close of trading on that day.\5\ Subsequent to the
delivery of an ``exercise advice,'' should the member organization or a
customer of the member organization determine not to exercise all or
part of the advised contracts, the member organization must also
deliver an ``advice cancel'' in such form or manner prescribed by the
Exchange no later than five (5) minutes after the close of trading on
that day.\6\ These procedures would not apply on the business day prior
to expiration in a series expiring on a day other than a business day,
or on the expiration day in series expiring on a business day.\7\
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    \5\ See proposed Rule 1042A(i). An exercise advice is a
notification to the Exchange of a member's intention to exercise one
or more options contracts.
    \6\ See proposed Rule 1042A(ii).
    \7\ See proposed Rule 1042A(vii). Existing Rule 1042A(b) is
being deleted as redundant.
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    The new rule language also adds some new provisions not covered by
the existing rule text. It provides that the Exchange may determine to
extend the applicable deadline for the delivery of ``exercise advice''
and ``advice cancel'' notifications pursuant to this paragraph if
unusual circumstances are present.\8\ It prohibits member organizations
from time stamping or submitting an ``exercise advice'' prior to the
purchase of the contracts to be exercised if the member organization
knew or had reason to know that the contracts had not yet been
purchased.\9\ The new language adds a provision specifying that the
failure of any member organization to follow the procedures in the rule
could result in the assessment of a fine, which may include but is not
limited to disgorgement of potential

economic gain obtained or loss avoided by the subject exercise, as
determined by the Exchange.\10\ The new language also states that
preparing or submitting an ``exercise advice'' or ``advice cancel''
after the applicable deadline on the basis of material information
released after such deadline, in addition to constituting a violation
of the Rule, is activity inconsistent with just and equitable
principles of trade.\11\
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    \8\ See proposed Rule 1042A(iii).
    \9\ See proposed Rule 1042A(iv).
    \10\ See proposed Rule 1042A(v). Exchange Rule 960.1 provides
that any member alleged to have violated rules of the Exchange shall
be subject to the disciplinary jurisdiction of the Exchange, and
after notice and opportunity for a hearing may be appropriately
disciplined by expulsion, suspension, fine, censure, limitation or
termination as to activities, functions, operations, or association
with a member or member organization, or any other fitting sanction
in accordance with the provisions of the Exchange's disciplinary
rules.
    \11\ See proposed Rule 1042A(vi).
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    The new language requires each member organization to prepare a
memorandum of every exercise instruction received showing by time stamp
the time when such instruction was so received. It provides that such
memoranda shall be subject to the requirements of Commission Rule 17a-
4(b).\12\ Finally, the new language requires each member organization
to establish fixed procedures to ensure secure time stamps in
connection with their electronic systems employed for the recording of
submissions to exercise or not exercise expiring options.\13\
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    \12\ See proposed Rule 1042A(viii). The Exchange is deleting
existing Commentary .01 of Rule 1042A as redundant. The Exchange
believes that including the requirement in the text of the rule
rather than as a ``Commentary'' is a preferable approach in terms of
organization and presentation of the rule. Although the proposed
language does not contain the requirement that memoranda of exercise
instructions are subject to Commission Rule 17a-3(a)(6), the
Exchange notes that the rule upon which its proposal is based, NOM
Rulebook chapter VIII, Exercises and Deliveries, section 1, Exercise
of Options Contracts, Supplementary Material .02, does not contain
this requirement. The Exchange seeks to conform its Rule 1042A to
the counterpart NOM rule in this respect.
    \13\ See proposed Rule 1042A(ix).
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    The Exchange also proposes to amend Options Floor Procedure Advice
(``OFPA'') G-1 by conforming it to the requirements of updated Rule
1042A. References to a specific ``Exercise Advice Form'' are replaced
with general references to exercise advices to eliminate any suggestion
that a specified form must be used in order to comply with Rule 1042A.
The Exchange intends that any written evidence reflecting that Rule
1042A's requirements have been met will be sufficient to constitute an
exercise advice.\14\ The amendments also eliminate an outdated
reference to C/MACS, which is no longer in use at OCC,\15\ and modify
the OFPA to reflect that expiration now typically occurs on a business
day rather than on a Saturday.
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    \14\ The Exchange currently does not require the use of a
specific form of exercise advice. Nonetheless, certain floor-based
members currently use a ``Phlx Index Option Exercise Advice Form.''
The Exchange has attached as Exhibit 3 a revised version of the
form, updated to conform to this proposed rule change. These updates
include (1) the addition of a statement that the rule does not apply
in series expiring on a day other than a business day or on the
expiration day in series expiring on a business day, (2) the
deletion of capitalization of the terms memorandum of exercise and
exercise advice, as these are not defined terms in the rule, (3) the
addition of a reference to memorandum of exercise instructions,
which is a term used in the rule, (4) the deletion of a statement
that the form must be time stamped ``contemporaneously with its
submission'' and addition of new language that conforms to the rule,
(5) the adjustment of a cross reference to the rule, in order for
the form to refer to the correct rule section required by the
context, and (6) the updating of the name of the Exchange from
Philadelphia Stock Exchange to NASDAQ OMX PHLX. Members may continue
to use the form, updated as reflected in Exhibit 3, if they choose
to do so. Members will also able to continue to fill the Rule 1042A
exercise advice requirements by sending an email to the Exchange, or
by providing the required exercise advice notification in any other
manner directed by the Exchange. The Exchange accepts the time
indicated on an email as satisfaction of the time stamp requirement.
    \15\ According to OCC, C/MACS was an on-line, menu-driven system
that allowed OCC member firms to access or input trade information
directly from or to OCC's clearing systems. See Securities Exchange
Act Release No. 35982 (July 18, 1995), 60 FR 38072 (July 25, 1995),
at footnote 6.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with section
6(b) of the Act \16\ in general, and furthers the objectives of section
6(b)(5) of the Act \17\ in particular, in that it is 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, by adding rules providing clear procedures concerning
exercise of American index options. Rule 1042A is intended to provide
for the maintenance of a level playing field between holders of long
and short positions in expiring index options. After trading has ended
on the final trading day before expiration, persons who are short the
option have no way to close out their short positions. To put option
holders on equal footing, the rule minimizes the time period in which a
holder can exercise an index option after the close of trading on the
last business day prior to expiration in series expiring on a day other
than a business day or on the expiration day in series expiring on a
business day.
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    \16\ 15 U.S.C. 78f(b).
    \17\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the introductory language of Rule 1042A
as revised, as well as sections (i), (vii) and (viii) largely restate
the existing rule, but in a much more clear and understandable way. New
sections (ii) and (iii) provide, respectively, for the delivery of
``advice cancels'' if made on a timely basis and for the extension of
applicable deadlines for delivery of exercise advices and advice cancel
notifications in unusual circumstances. The advice cancel language
codifies existing practice that is not spelled out in the current rule,
and the rule providing for extension of deadlines provides the Exchange
with flexibility to deal with unusual market circumstances in a way
that is fair to market participants. New subsection (iv) clearly
prohibits the preparation, time stamping or submitting an ``exercise
advice'' prior to the purchase of the contracts to be exercised, if the
member organization knew or had reason to know that the contracts had
not yet been purchased. New sections (v) and (vi) articulate clearly
that violation of Rule 1042A may result in consequences including
disgorgement and that preparing or submitting an exercise advice or
advice cancel after the applicable deadline on the basis of material
information released after the deadline violates Rule 1042A and
constitutes activity inconsistent with just and equitable principles of
trade. These provisions should discourage lack of compliance with Rule
1042A. Finally, compliance should be enhanced by the adoption of
section (ix), a new requirement to establish procedures to ensure
secure time stamps for the recording of submissions to exercise or not
exercise expiring options. The proposed amendments to OFPA G-1 are
designed to promote just and equitable principles of trade and to
protect investors and the public interest by conforming it to the
requirements of updated Rule 1042A, eliminating potential confusion
concerning a requirement that a specified form must be used in order to
comply with Rule 1042A, eliminating an outdated reference to C/MACS,
reflecting current practice that exercise advices may be delivered to
Exchange staff in the trading crowd as well as at the Surveillance Post
on the Exchange floor, and acknowledging that expiration now typically
occurs on a business day rather than on a Saturday.

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
because the rule provides additional detail and requirements relating
to procedures for exercise of American index options that apply to all
members equally.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to section 19(b)(3)(A)(iii) of the Act \18\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\19\
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    \18\ 15 U.S.C. 78s(b)(3)(a)(iii).
    \19\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    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_ADDRESS>Please include
File Number SR-Phlx-2016-84 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-Phlx-2016-84. 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 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; 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-Phlx-2016-84 and should be
submitted on or before September 23, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-21131 Filed 9-1-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: December 20, 2006 (Volume 71, Number 244)]
[Rules and Regulations]
[Page 76178-76180]
[DOCID:fr20de06-15]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0823; FRL-8100-9]

Azoxystrobin; Pesticide Tolerances for Emergency Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes a time-limited tolerance for
combined residues of azoxystrobin and its Z isomer, on rice, wild. This
action is in response to EPA's granting of an emergency exemption under
section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) authorizing use of the pesticide on rice, wild. This regulation
establishes a maximum permissible level for combined residues of
azoxystrobin in this food commodity. The tolerance expires and is
revoked on December 31, 2009.

DATES: This regulation is effective December 20, 2006. Objections and
requests for hearings must be received on or before February 20, 2007,
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: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2006-0823. All documents in the
docket are listed on the regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the Office

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

FOR FURTHER INFORMATION CONTACT: Libby Pemberton, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

 B. How Can I Access Electronic Copies of this Document?

    In addition to accessing an electronic copy of this Federal
Register document through the electronic docket at http://www.regulations.gov
, you may access this Federal Register document

electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr. You may also access a

frequently updated electronic version of 40 CFR part 180 through the
Government Printing Office's pilot e-CFR site at http://www.gpoaccess.gov/ecfr
.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of the FFDCA, as amended by the FQPA, any
person may file an objection to any aspect of this regulation and may
also request a hearing on those objections. The EPA procedural
regulations which govern the submission of objections and requests for
hearings appear in 40 CFR part 178. 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-2006-0823 in the
subject line on the first page of your submission. All requests must be
in writing, and must be mailed or delivered to the Hearing Clerk on or
before February 20, 2007.
    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 that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2006-0823, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is<PHONE_NUMBER>.

II. Background and Statutory Findings

    EPA, on its own initiative, in accordance with sections 408(e) and
408(l)(6) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a, is establishing time-limited tolerances for combined
residues of the fungicide, azoxystrobin, methyl (E)-2-(2-(6-(2-
cyanophenoxy)pyrimidin-4-yloxy)phenyl)-3-methoxyacrylate and the Z
isomer of azoxystrobin, methyl (Z)-2-(2-(6-(2-cyanophenoxy)pyrimidin-4-
yloxy)phenyl)-3-methoxyacrylate, on rice, wild at 5.0 parts per million
(ppm). This tolerance expires and is revoked on December 31, 2009. EPA
will publish a document in the Federal Register to remove the revoked
tolerance from the Code of Federal Regulations (CFR).
    Section 408(l)(6) of the FFDCA requires EPA to establish a time-
limited tolerance or exemption from the requirement for a tolerance for
pesticide chemical combined residues in food that will result from the
use of a pesticide under an emergency exemption granted by EPA under
section 18 of FIFRA. Such tolerances can be established without
providing

notice or period for public comment. EPA does not intend for its
actions on section 18 related tolerances to set binding precedents for
the application of section 408 of the FFDCA and the new safety standard
to other tolerances and exemptions. Section 408(e) of the FFDCA allows
EPA to establish a tolerance or an exemption from the requirement of a
tolerance on its own initiative, i.e., without having received any
petition from an outside party.
    Section 408(b)(2)(A)(i) of the 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 the 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 the 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. . .
.''
    Section 18 of the FIFRA authorizes EPA to exempt any Federal or
State agency from any provision of FIFRA, if EPA determines that
``emergency conditions exist which require such exemption.'' This
provision was not amended by the Food Quality Protection Act of 1996
(FQPA). EPA has established regulations governing such emergency
exemptions in 40 CFR part 166.

III. Emergency Exemption for Azoxystrobin on Rice, Wild and FFDCA
Tolerances

    The Minnesota Department of Agriculture declared a crisis exemption
under FIFRA section 18 for the use of azoxystrobin on rice, wild for
control of stem rot disease caused by Nakataea sigmoidea. Minnesota
states that it appears that stem rot is widespread throughout the state
and can cause significant damage.
    As part of its assessment of this emergency exemption, EPA assessed
the potential risks presented by combined residues of azoxystrobin and
its Z isomer on rice, wild. In doing so, EPA considered the safety
standard in section 408(b)(2) of the FFDCA, and EPA decided that the
necessary tolerance under section 408(l)(6) of the FFDCA would be
consistent with the safety standard and with FIFRA section 18.
Consistent with the need to move quickly on the emergency exemption in
order to address an urgent non-routine situation and to ensure that the
resulting food is safe and lawful, EPA is issuing this tolerance
without notice and opportunity for public comment as provided in
section 408(l)(6) of the FFDCA. Although this tolerance expires and is
revoked on December 31, 2009, under section 408(l)(5) of the FFDCA,
combined residues of the pesticide not in excess of the amount
specified in the tolerance remaining on rice, wild after that date will
not be unlawful, provided the pesticide is applied in a manner that was
lawful under FIFRA, and the combined residues do not exceed a level
that was authorized by this tolerance at the time of that application.
EPA will take action to revoke this tolerance earlier if any experience
with, scientific data on, or other relevant information on this
pesticide indicate that the combined residues are not safe.
    Because this tolerance is being approved under emergency
conditions, EPA has not made any decisions about whether azoxystrobin
meets EPA's registration requirements for use on rice, wild or whether
a permanent tolerance for this use would be appropriate. Under these
circumstances, EPA does not believe that this tolerance serves as a
basis for registration of azoxystrobin by a State for special local
needs under FIFRA section 24(c). Nor does this tolerance serve as the
basis for any State other than Minnesota to use this pesticide on this
crop under section 18 of FIFRA without following all provisions of
EPA's regulations implementing FIFRA section 18 as identified in 40 CFR
part 166. For additional information regarding the emergency exemption
for azoxystrobin, contact the Agency's Registration Division at the
address provided under FOR FURTHER INFORMATION CONTACT.

IV. Aggregate Risk Assessment and Determination of Safety

    EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide combined residues. For further
discussion of the regulatory requirements of section 408 of the FFDCA
and a complete description of the risk assessment process, see http://www.epa.gov/fedrgstr/EPA-PEST/1997/November/Day-26/p30948.htm
.

    Consistent with section 408(b)(2)(D) of the FFDCA, 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
azoxystrobin and to make a determination on aggregate exposure,
consistent with section 408(b)(2) of the FFDCA, for time-limited
tolerances for combined residues of azoxystrobin and its Z isomer on
rice, wild at 5.0 ppm. On August 23, 2006 the Agency published in the
Federal Register a final rule (71 FR 49358) (FRL-8086-9) establishing
tolerances for combined residues of azoxystrobin, 2-[7-fluoro-3,4-
dihydro-3-oxo-4-(2-propynyl)-2H-1,4-benzoxazin-6-yl]-4,5,6,7-
tetrahydro-1H-isoindole-1,3(2H)-dione in or on vegetable, foliage of
legume, group 7; vegetable, fruiting, group 8 (except tomato); pea and
bean, succulent shelled, subgroup 6B; pea and bean, dried shelled,
except soybean, subgroup 6C; citrus, dried pulp; citrus, oil; and
fruit, citrus, Group 10. When the Agency conducted the risk assessments
in support of those tolerance actions, the Agency also assessed the use
of azoxystrobin on wild rice under section 18 of FIFRA. Therefore,
establishing the rice, wild tolerance will not change the most recent
estimated aggregate risks resulting from use of azoxystrobin, as
discussed in the August 23, 2006 Federal Register. Refer to the August
23, 2006 Federal Register document for a detailed discussion of the
aggregate risk assessments and determination of safety. EPA relies upon
those risk assessments and the findings made in the Federal Register
document in support of this action.
     Based on the risk assessments discussed in the final rule
published in the Federal Register of August 23, 2006, EPA concludes
that there is a reasonable certainty that no harm will result to the
general population, and to infants and children from aggregate exposure
to azoxystrobin combined residues.

V. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (gas chromatography-nitrogen
phosphorus detection) 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>; e-mail address:
<EMAIL_ADDRESS>

B. International Residue Limits

    There are no Codex, Canadian or Mexican maximum residue limits
established for azoxystrobin on rice, wild.

VI. Conclusion

    Therefore, tolerances are established for combined residues of
azoxystrobin, methyl (E)-2-(2-(6-(2-cyanophenoxy)pyrimidin-4-
yloxy)phenyl)-3-methoxyacrylate and the Z isomer of azoxystrobin,
methyl (Z)-2-(2-(6-(2-cyanophenoxy)pyrimidin-4-yloxy)phenyl)-3-
methoxyacrylate, on rice, wild at 5.0 ppm.

VII. Statutory and Executive Order Reviews

    This final rule establishes a time-limited tolerance under section
408 of the FFDCA. 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 rule has been exempted from review under Executive
Order 12866 due to its lack of significance, this rule is not subject
to Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001). This final rule does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or
contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). 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);
or OMB review or any Agency action under Executive Order 13045,
entitled Protection of Children from Environmental Health Risks and
Safety Risks (62 FR 19885, April 23, 1997). This action does not
involve any technical standards that would require Agency consideration
of voluntary consensus standards pursuant to section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (NTTAA),
Public Law 104-113, section 12(d) (15 U.S.C. 272 note). Since
tolerances and exemptions that are established on the basis of a FIFRA
section 18 exemption under section 408 of the FFDCA, 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. In addition, the Agency has
determined that this action will not have a substantial direct effect
on States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132,
entitled Federalism (64 FR 43255, August 10, 1999). Executive Order
13132 requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.'' This final
rule directly regulates growers, food processors, food handlers, and
food retailers, not States. This action does not alter the
relationships or distribution of power and responsibilities established
by Congress in the preemption provisions of section 408(n)(4) of the
FFDCA. For these same reasons, the Agency has determined that this rule
does not have any ``tribal implications'' as described in Executive
Order 13175, entitled Consultation and Coordination with Indian Tribal
Governments (65 FR 67249, November 6, 2000). Executive Order 13175,
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal Government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal Government and Indian tribes.'' This rule will not have
substantial direct effects on tribal governments, on the relationship
between the Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this rule.

VIII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of this final rule in the Federal Register. This final
rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: December 6, 2006.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.

0
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. Section 180.507 is amended by alphabetically adding the commodity
``Rice, wild'' to the table in paragraph (b) to read as follows:

Sec.  180.507  Azoxystrobin; tolerances for residues.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    revocation
                                                  million        date
------------------------------------------------------------------------
                                * * * * *
Rice, wild....................................          5.0     12/31/09
                                * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. E6-21498 Filed 12-19-06; 8:45 am]

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