[Federal Register Volume 79, Number 72 (Tuesday, April 15, 2014)]
[Notices]
[Page 21238]
[FR Doc No: 2014-08507]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR14-26-000]

MarkWest Bluestone Ethane Pipeline, L.L.C.; Notice of Petition
for Waiver

    Take notice that on April 2, 2014, pursuant to Rule 207(a)(2) of
the Commission's Rules of Practices and Procedure, 18 CFR
385.207(a)(2)(2014), MarkWest Bluestone Ethane Pipeline, L.L.C. filed a
petition requesting temporary waiver of the Interstate Commerce Act
Section 6 and Section 20 tariff filing and reporting requirements
applicable to interstate common carrier pipelines with respect to its
natural gas liquids pipeline, as more fully explained in the petition.
    Any person desiring to intervene or to protest in this proceedings
must file in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or
before 5:00 p.m. Eastern time on the specified comment date. It is not
necessary to separately intervene again in a subdocket related to a
compliance filing if you have previously intervened in the same docket.
Protests will be considered by the Commission in determining the
appropriate action to be taken, but will not serve to make protestants
parties to the proceeding. Anyone filing a motion to intervene or
protest must serve a copy of that document on the Petitioner.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.
    Comments: 5:00 p.m. Eastern Time on April 21, 2014.

    Dated: April 9, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-08507 Filed 4-14-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)]
[Rules and Regulations]
[Pages 12083-12087]
[FR Doc No: 2015-05069]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2011-0941; FRL-9922-30]
RIN 2070-AB27

Significant New Use Rule for Pentane, 1,1,1,2,3,3-hexafluoro-4-
(1,1,2,3,3,3-hexafluoropropoxy)-

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is finalizing a significant new use rule (SNUR) under the
Toxic Substances Control Act (TSCA) for the chemical substance Pentane,
1,1,1,2,3,3-hexafluoro-4-(1,1,2,3,3,3-hexafluoropropoxy)- that was the

subject of premanufacture notice (PMN) P-07-204. This action requires
persons who intend to manufacture (including import) this chemical
substance for an activity that is designated as a significant new use
by this final rule to notify EPA at least 90 days before commencing
that activity. The required notification will provide EPA with the
opportunity to evaluate the intended use and, if necessary, to prohibit
or limit that activity before it occurs.

DATES: This final rule is effective April 6, 2015.

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2011-0941, is available at
http://www.regulations.gov or at the Office of Pollution Prevention and
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information
about the docket, available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Kenneth Moss, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    You may be potentially affected by this action if you manufacture,
process, or use the chemical substance Pentane, 1,1,1,2,3,3-hexafluoro-
4-(1,1,2,3,3,3-hexafluoropropoxy)- (PMN P-07-204; CAS No. 870778-34-0)
contained in this final rule. The following list of North American
Industrial Classification System (NAICS) codes is not intended to be
exhaustive, but rather provides a guide to help readers determine
whether this document applies to them. Potentially affected entities
may include:
     Manufacturers or processors of the subject chemical
substance (NAICS codes 325 and 324110), e.g., chemical manufacturing
and petroleum refineries.
    This action may also affect certain entities through pre-existing
import certification and export notification rules under TSCA. Chemical
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import
certification requirements promulgated at 19 CFR 12.118 through 12.127
and 19 CFR 127.28. Chemical importers must certify that the shipment of
the chemical substance complies with all applicable rules and orders
under TSCA. Importers of chemicals subject to these SNURs must certify
their compliance with the SNUR requirements. The EPA policy in support
of import certification appears at 40 CFR part 707, subpart B. In
addition, any persons who export or intend to export a chemical
substance that is the subject of this final rule are subject to the
export notification provisions of TSCA section 12(b) (15 U.S.C.
2611(b)) (see Sec.  721.20), and must comply with the export
notification requirements in 40 CFR part 707, subpart D.

II. Background

A. What action is the agency taking?

    EPA is finalizing a SNUR, under TSCA section 5(a)(2), for the
chemical substance Pentane, 1,1,1,2,3,3-hexafluoro-4-(1,1,2,3,3,3-
hexafluoropropoxy)- (PMN P-07-204; CAS No. 870778-34-0) codified at 40
CFR 721.10509. This final rule requires persons who intend to
manufacture or process the chemical substance for an activity that is
designated as a significant new use by this final rule to notify EPA at
least 90 days before commencing that activity.
    In the Federal Register of September 21, 2012 (77 FR 58666) (FRL-
9357-2), EPA issued a direct final SNUR for the chemical substance. EPA
received notice of intent to submit adverse comments for the direct
final SNUR. In response to that notification a rule was proposed in the
Federal Register issue of January 23, 2013 (78 FR 4806) (FRL-6369-9).
In response to the proposed rule, EPA received one public comment from
the submitter of PMN P-07-204.
    The comment noted that in the time period between filing of a
Notice of Commencement of Manufacture or Import in March 2008, and the
time of publication of the direct final SNUR in September 2012, the
company had entered into an industrial solvent use that did not
specifically fall within the scope of the 40 CFR 721.80(j) (the
confidential uses identified in the amended premanufacture notice)
significant new use reporting requirement contained in the rule.
Therefore, the use was considered an ongoing use at the time of the
direct final SNUR.
    Further, the commenter mentioned the intent to submit several
health and safety studies on the PMN substance that were completed
after the expiration of the PMN review period. The following table
identifies the studies that were subsequently submitted to the Agency
for review and the results of EPA's review of those studies:

------------------------------------------------------------------------
                 Study                       EPA findings from study
------------------------------------------------------------------------
5-day Inhalation toxicity test in rats.  Uncertain increase in liver
                                          weights at highest dose.
Acute dermal toxicity test in rats.....  No Observed Adverse Effect
                                          Level (NOAEL) of 2,000
                                          milligram/kilogram/day (mg/kg/
                                          day).
Acute eye irritation/corrosion test in   Not an eye irritant.
 rabbits.
Assessment of contact hypersensitivity   Not a skin sensitizer.
 in the mouse.
Color microarray analysis of liver RNA.  Indications of ability to
                                          activate the xenobiotic
                                          nuclear receptor CAR
                                          (constitutive androstane
                                          receptor), but of uncertain
                                          significance relative to
                                          ability to affect clinical
                                          chemistry endpoints.
Primary skin irritation/corrosion test   Not a skin irritant.
 in rabbits..
Sub-acute (29-day) inhalation toxicity   Lowest Observed Adverse Effect
 test in rats.                            Level (LOAEL) of 495 parts per
                                          million (ppm) based on liver
                                          effects.
Analysis of the effect on primary cell   Uncertain significance.
 cultures (low potency peroxisome
 proliferator-activated receptor (PPAR)
 agonist).
------------------------------------------------------------------------

    Agency review of the 29-day inhalation toxicity study, which
demonstrated liver effects, along with the perfluorochemical analog
data cited in the proposed SNUR, demonstrate the concern cited in the
proposed SNUR for neurotoxicity and liver effects as a result of
unprotected occupational exposures via the dermal route. Therefore, the
Agency is issuing a final SNUR as proposed that designates as a
significant new use manufacture or processing of the substance without
impervious gloves, where there is a potential for dermal exposure, and
simplifies the wording in the significant new use designation under 40
CFR 721.80 to encompass the ongoing use as follows: ``A significant new
use is any use of the substance other than for the specific
confidential industrial solvent uses identified in the amended
premanufacture notice (PMN).''

B. What is the agency's authority for taking this action?

    Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to
determine that a use of a chemical substance is a ``significant new
use.'' EPA must make this determination by rule after considering all
relevant factors, including those listed in TSCA section 5(a)(2). Once
EPA determines that a use of a chemical substance is a significant new
use, TSCA section 5(a)(1)(B) requires persons to submit a significant
new use notice (SNUN) to EPA at least 90 days before they manufacture
or process the chemical substance for that use. Persons who must report
are described in Sec.  721.5.

C. Applicability of General Provisions

    General provisions for SNURs appear in 40 CFR part 721, subpart A.
These provisions describe persons subject to the rule, recordkeeping
requirements, exemptions to reporting requirements, and applicability
of the final rule to uses occurring before the effective date of the
final rule. Provisions relating to user fees appear at 40 CFR part 700.
According to Sec.  721.1(c), persons subject to these SNURs must comply
with the same SNUN requirements and EPA regulatory procedures as
submitters of PMNs under TSCA section 5(a)(1)(A). In particular, these
requirements include the information submission requirements of TSCA
section 5(b) and 5(d)(1), the exemptions authorized by TSCA section
5(h)(1), (2), (3), and (5), and the regulations at 40 CFR part 720.
Once EPA receives a SNUN, EPA may take regulatory action under TSCA
section 5(e), 5(f), 6, or 7 to control the activities for which it has
received the SNUN. If EPA does not take action, EPA is required under
TSCA section 5(g) to explain in the Federal Register its reasons for
not taking action.

III. Rationale and Objectives of the Final Rule

A. Rationale

    During review of the PMN for the chemical substance Pentane,
1,1,1,2,3,3-hexafluoro-4-(1,1,2,3,3,3-hexafluoropropoxy)- (PMN P-07-
204; CAS No. 870778-34-0), EPA determined that one or more of the
criteria of concern established at Sec.  721.170 were met. For
additional discussion of the rationale for the SNUR on this chemical,
see Units II., IV., and V. of the proposed rule.

B. Objectives

    EPA is issuing this final SNUR for the chemical substance Pentane,
1,1,1,2,3,3-hexafluoro-4-(1,1,2,3,3,3-hexafluoropropoxy)- (PMN P-07-
204; CAS N. 870778-34-0) because the Agency wants to achieve the
following objectives with regard to the significant new uses designated
in this final rule:
     EPA will receive notice of any person's intent to
manufacture or process a listed chemical substance for the described
significant new use before that activity begins.
     EPA will have an opportunity to review and evaluate data
submitted in a SNUN before the notice submitter begins manufacturing or
processing a listed chemical substance for the described significant
new use.
     EPA will be able to regulate prospective manufacturers or
processors of a listed chemical substance before the described
significant new use of that chemical substance occurs, provided that
regulation is warranted pursuant to TSCA sections 5(e), 5(f), 6, or 7.
    Issuance of a SNUR for a chemical substance does not signify that
the chemical substance is listed on the TSCA Chemical Substance
Inventory (TSCA Inventory). Guidance on how to determine if a chemical
substance is on the TSCA Inventory is available on the Internet at
http://www.epa.gov/opptintr/existingchemicals/pubs/tscainventory/index.html.

IV. Significant New Use Determination

    Section 5(a)(2) of TSCA states that EPA's determination that a use
of a chemical substance is a significant new use must be made after
consideration of all relevant factors, including:
     The projected volume of manufacturing and processing of a
chemical substance.
     The extent to which a use changes the type or form of
exposure of human beings or the environment to a chemical substance.
     The extent to which a use increases the magnitude and
duration of exposure of human beings or the environment to a chemical
substance.
     The reasonably anticipated manner and methods of
manufacturing, processing, distribution in commerce, and disposal of a
chemical substance.
    In addition to these factors enumerated in TSCA section 5(a)(2),
the statute authorized EPA to consider any other relevant factors.
    To determine what would constitute a significant new use for the
chemical substance pentane, 1,1,1,2,3,3-hexafluoro-4-(1,1,2,3,3,3-
hexafluoropropoxy)- (PMN P-07-204; CAS No. 870778-34-0), EPA considered
relevant information about the toxicity of the chemical substances,
likely human exposures and environmental releases associated with
possible uses, and the four bulleted TSCA section 5(a)(2) factors
listed in this unit.

V. Applicability of the Significant New Use Designation

    If uses begun after the proposed rule was published were considered
ongoing rather than new, any person could defeat the SNUR by initiating
the significant new use before the final rule was issued. Therefore EPA
has designated the date of publication of the proposed rule as the
cutoff date for determining whether the new use is ongoing. Consult the
Federal Register Notice of April 24, 1990 (55 FR 17376, FRL 3658-5) for
a more detailed discussion of the cutoff date for ongoing uses.
    Any person who began commercial manufacture or processing of the
chemical substance identified as pentane, 1,1,1,2,3,3-hexafluoro-4-
(1,1,2,3,3,3-hexafluoropropoxy)- (PMN P-07-204; CAS No. 870778-34-0)
for any of the significant new uses designated in the proposed SNUR
after the date of publication of the proposed SNUR, must stop that
activity before the effective date of the final rule. Persons who
ceased those activities will have to first comply with all applicable
SNUR notification requirements and wait until the notice review period,
including any extensions, expires, before engaging in any activities
designated as significant new uses. If a person were to meet the
conditions of advance compliance under 40 CFR [emsp14]721.45(h), the
person would be considered to have met the requirements of the final
SNUR for those activities.

VI. Test Data and Other Information

    EPA recognizes that TSCA section 5 does not require developing any
particular test data before submission of a SNUN. The two exceptions
are:
    1. Development of test data is required where the chemical
substance subject to the SNUR is also subject to a test rule under TSCA
section 4 (see TSCA section 5(b)(1)).
    2. Development of test data may be necessary where the chemical
substance has been listed under TSCA section 5(b)(4) (see TSCA section
5(b)(2)).
    In the absence of a TSCA section 4 test rule or a TSCA section
5(b)(4) listing covering the chemical substance, persons are required
only to submit test data in their possession or control and to describe
any other data known to or reasonably ascertainable by them (see 40 CFR
720.50). However, upon review of PMNs and SNUNs, the Agency has the
authority to require appropriate testing.
    Recommended testing that would address the criteria of concern of
Sec.  721.170 can be found in Unit IV. of the proposed rule.
Descriptions of tests are provided only for informational purposes. EPA
strongly encourages persons, before performing any testing, to consult
with the Agency pertaining to protocol selection.
    SNUN submitters should be aware that EPA will be better able to
evaluate SNUNs which provide detailed information on the following:
     Human exposure and environmental release that may result
from the significant new use of the chemical substances.
     Potential benefits of the chemical substances.
     Information on risks posed by the chemical substances
compared to risks posed by potential substitutes.

VII. SNUN Submissions

    According to Sec.  721.1(c), persons submitting a SNUN must comply
with the same notification requirements and EPA regulatory procedures
as persons submitting a PMN, including submission of test data on
health and environmental effects as described in 40 CFR 720.50. SNUNs
must be submitted on EPA Form No. 7710-25, generated using e-PMN
software, and submitted to the Agency in accordance with the procedures
set forth in 40 CFR 720.40 and Sec.  721.25. E-PMN software is
available electronically at http://www.epa.gov/opptintr/newchems.

VIII. Economic Analysis

    EPA has evaluated the potential costs of establishing SNUN
requirements for potential manufacturers and processors of the chemical
substance during the development of the direct final rule. EPA's
complete economic analysis is available in the docket under docket ID
number EPA-HQ-OPPT-2011-0941.

IX. Statutory and Executive Order Reviews

A. Executive Order 12866

    This final rule establishes a SNUR for a chemical substance that
was the subject of a PMN. 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).

B. Paperwork Reduction Act (PRA)

    According to PRA (44 U.S.C. 3501 et seq.), an agency may not
conduct or sponsor, and a person is not required to respond to a
collection of information that requires OMB approval under PRA, unless
it has been approved by OMB and displays a currently valid OMB control
number. The OMB control numbers for EPA's regulations in title 40 of
the CFR, after appearing in the Federal Register, are listed in 40 CFR
part 9, and included on the related collection instrument or form, if
applicable. EPA is amending the table in 40 CFR part 9 to list the OMB
approval number for the information collection requirements contained
in this final rule. This listing of the OMB control numbers and their
subsequent codification in the CFR satisfies the display requirements
of PRA and OMB's implementing regulations at 5 CFR part 1320. This
Information Collection Request (ICR) was previously subject to public
notice and comment prior to OMB approval, and given the technical
nature of the table, EPA finds that further notice and comment to amend
it is unnecessary. As a result, EPA finds that there is ``good cause''
under section 553(b)(3)(B) of the Administrative Procedure Act (5
U.S.C. 553(b)(3)(B)) to amend this table without further notice and
comment.
    The information collection requirements related to this action have
already been approved by OMB pursuant to PRA under OMB control number
2070-0012 (EPA ICR No. 574). This action does not impose any burden
requiring additional OMB approval. If an entity were to submit a SNUN
to the Agency, the annual burden is estimated to average between 30 and
170 hours per response. This burden estimate includes the time needed
to review instructions, search existing data sources, gather and
maintain the data needed, and complete, review, and submit the required
SNUN.
    Send any comments about the accuracy of the burden estimate, and
any suggested methods for minimizing respondent burden, including
through the use of automated collection techniques, to the Director,
Collection Strategies Division, Office of Environmental Information
(2822T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001. Please remember to include the OMB control
number in any correspondence, but do not submit any completed forms to
this address.

C. Regulatory Flexibility Act (RFA)

    On February 18, 2012, EPA certified pursuant to RFA section 605(b)
(5 U.S.C. 601 et seq.), that promulgation of a SNUR does not have a
significant economic impact on a substantial number of small entities
where the following are true:
    1. A significant number of SNUNs would not be submitted by small
entities in response to the SNUR.
    2. The SNUR submitted by any small entity would not cost
significantly more than $8,300.
    A copy of that certification is available in the docket for this
final rule.
    This final rule is within the scope of the February 18, 2012
certification. Based on the Economic Analysis discussed in Unit VIII.
and EPA's experience promulgating SNURs (discussed in the
certification), EPA believes that the following are true:
     A significant number of SNUNs would not be submitted by
small entities in response to the SNUR.
     Submission of the SNUN would not cost any small entity
significantly more than $8,300.
    Therefore, the promulgation of the SNUR would not have a
significant economic impact on a substantial number of small entities.

D. Unfunded Mandates Reform Act (UMRA)

    Based on EPA's experience with proposing and finalizing SNURs,
State, local, and Tribal governments have not been impacted by these
rulemakings, and EPA does not have any reasons to believe that any
State, local, or Tribal government will be impacted by this final rule.
As such, EPA has determined that this action does not impose any
enforceable duty, contain any unfunded mandate, or otherwise have any
effect on small governments subject to the requirements of UMRA
sections 202, 203, 204, or 205 (2 U.S.C. 1501 et seq.).

E. Executive Order 13132

    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).

F. Executive Order 13175

    This action does not have Tribal implications because it is not
expected to have substantial direct effects on Indian Tribes. This
final rule does not significantly nor uniquely affect the communities
of Indian Tribal governments, nor does it involve or impose any
requirements that affect Indian Tribes. Accordingly, the requirements
of Executive Order 13175, entitled ``Consultation and Coordination with
Indian Tribal Governments'' (65 FR 67249, November 9, 2000), do not
apply to this final rule.

G. Executive Order 13045

    This action is not subject to Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because this is not an
economically significant regulatory action as defined by Executive
Order 12866, and this action does not address environmental health or
safety risks disproportionately affecting children.

H. Executive Order 13211

    This action is not subject to Executive Order 13211, entitled
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001), because
this action is not expected to affect energy supply, distribution, or
use and because this action is not a significant regulatory action
under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    In addition, since this action does not involve any technical
standards, NTTAA section 12(d) (15 U.S.C. 272 note), does not apply to
this action.

J. Executive Order 12898

    This action does not entail special considerations of environmental
justice related issues as delineated by Executive Order 12898, entitled
``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations'' (59 FR 7629, February 16,
1994).

X. Congressional Review Act (CRA)

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

List of Subjects

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.

    Dated: February 23, 2015.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and
Toxics.

    Therefore, 40 CFR parts 9 and 721 are amended as follows:

PART 9--[AMENDED]

0
1. The authority citation for part 9 continues to read as follows:

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003,
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330,
1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g,
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2,
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542,
9601-9657, 11023, 11048.

0
2. In Sec.  9.1, add the following section in numerical order under the
undesignated center heading ``Significant New Uses of Chemical
Substances'' to read as follows:

Sec.  [emsp14]9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                    40 CFR citation                      OMB Control No.
------------------------------------------------------------------------

------------------------------------------------------------------------
                                * * * * *
               Significant New Uses of Chemical Substances
------------------------------------------------------------------------

------------------------------------------------------------------------
                                * * * * *
721.10509..............................................       2070-0012

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

* * * * *

PART 721--[AMENDED]

0
3. The authority citation for part 721 continues to read as follows:

    Authority: 15 U.S.C. 2604, 2607, and 2625(c).

0
4. Add Sec.  721.10509 to subpart E to read as follows:

Sec.  721.10509  Pentane, 1,1,1,2,3,3-hexafluoro-4-(1,1,2,3,3,3-
hexafluoropropoxy)-.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as pentane,
1,1,1,2,3,3-hexafluoro-4-(1,1,2,3,3,3-hexafluoropropoxy)- (PMN P-07-
204; CAS No. 870778-34-0) is subject to reporting under this section
for the significant new uses described in paragraph (a)(2) of this
section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(2)(i), (a)(3), (b)(concentration set at 1.0 percent),
and (c).
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80. A significant new use is any use of the
substance other than for the specific confidential industrial solvent
uses identified in the amended premanufacture notice (PMN).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125 (a) through (e), and (i) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section.
The provisions of Sec.  721.1725(b)(1) apply to paragraph (a)(2)(ii) of
this section.

[FR Doc. 2015-05069 Filed 3-5-15; 8:45 am]
 BILLING CODE 6560-50-P


                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            WASHINGTON, D.C.  20460
                                                                      OFFICE OF
                                                            CHEMICAL SAFETY AND
                                                           POLLUTION PREVENTION

MEMORANDUM

DATE: 6/30/2021

SUBJECT:	Dimethenamid and Dimethenamid-p.  Response to the USDA Comment on the Mixer/Loader Risk of Concern in the Human Health Draft Risk Assessment.

PC Code:  129051/120051
DP Barcode:  D462479
Decision No.:  576514
Registration No.:  NA
Petition No.:  Not Applicable (NA)
Regulatory Action:  Registration Review
Risk Assessment Type:  NA
Case No.:  7223
TXR No.:  NA
CAS No.:  87674-68-8/163515-14-8
MRID No.:  NA
40 CFR:  §180.464
For
For
FROM:	Christopher Severini, Biologist
            Risk Assessment Branch IV
            Health Effects Division (7509P)

THROUGH:	Shalu Shelat, Branch Chief
            Risk Assessment Branch IV
            Health Effects Division (7509P)

TO:		Lauren Weissenborn, Chemical Review Manager (CRM)
            Jill Bloom, Team Lead
            Cathryn Britton, Branch Chief
            Risk Management and Implementation Branch V
      Pesticide Reevaluation Division (7508P)

The Pesticide Re-Evaluation Division (PRD) of the Office of Pesticide Programs (OPP) has requested that the Health Effects Division (HED) respond to the United States Agricultural Department (USDA) comment on the dimethenamid/dimethenamid-p Proposed Registration Review Interim Decision (or PID, dated December 17, 2020) related to potential risks to mixer/loaders involved in the commercial impregnation of dry bulk fertilizers with liquid formulations of dimethenamid/dimethenamid-p. HED has addressed this comment below.

USDA comment (summary):
In the USDA Comments on the Proposed Interim Decision for Dimethenamid/Dimethenamid-p for Registration Review (USDA; Document ID EPA-HQ-OPP-2015-0803-0033), USDA noted that EPA identified a potential inhalation risk to mixers/loaders of liquid formulations used to impregnate dry bulk fertilizer in commercial facilities (MOE = 670, LOC = 1,000). To address this risk, EPA proposes to reduce mixer/loader exposure by increasing the minimum amount of impregnated fertilizers applied to the field from 200 to 300 lbs/acre (i.e., to maintain the rate of dimethenamid applied to fields, but lower the concentration of dimethenamid being handled per ton of fertilizer). USDA expressed concern that the proposed mitigation could result in growers applying more fertilizer than is typically needed and increase production costs for growers. USDA recommended several alternative approaches to addressing the risks, including using updated Agricultural Handler Exposure Task Force (AHETF) data, which includes a new unit exposure value for the fertilizer impregnation scenario.

HED Response:
In the human health draft risk assessment for dimethenamid/dimethenamid-p (Dimethenamid/Dimethenamid-P: Draft Human Health Risk Assessment for Registration Review, dated June 19, 2020, hereafter referred to as the DRA), HED assessed potential risks to mixer/loaders involved in the commercial impregnation of dry bulk fertilizers with liquid formulations of dimethenamid/dimethenamid-p. The handler mixer/loader assessment resulted in an inhalation MOE of 670 (based on the use of closed mixing/loading systems), determined to be a risk of concern at the LOC of 1,000.

In May 2021, after the issuance of the PID, OPP  adopted an Office-wide update to the unit exposures values to be used for occupational handler assessments (the update can be found at https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/occupational-pesticide-handler-exposure-data and  Occupational Pesticide Handler Unit Exposure Surrogate Reference Table - Revised May 2021 (PDF)). In the DRA, HED used an inhalation unit exposure value of 0.083 μg/lb ai for the mixer/loaders involved in the commercial impregnation of dry bulk fertilizer using closed systems with liquid formulations of dimethenamid/dimethenamid-p scenario. As part of the 2021 update to the occupational handler surrogate table, the inhalation unit exposure has been updated to 0.011 μg/lb ai and therefore has resulted in a revision to the  inhalation MOE for this scenario (using closed mixing/loading systems) to 5,100, no longer resulting in a risk of concern at the LOC of 1,000. The updated mixer/loader scenario can be found in Table 1 below.

Table 1.  Occupational Handler Non-Cancer Exposure and Risk Estimates for Dimethenamid/Dimethenamid-p.
                               Exposure Scenario
                                Crop or Target
                    Inhalation
Unit
Exposure[1]
(μg/lb ai)
                      Level of PPE or
Engineering control
                    Maximum
Application Rate (in lb ai/ton)
                Area Treated or
Amount Handled Daily (in tons)
                                  Inhalation

                               Dose (mg/kg/day)
                                      MOE
                                 Mixer/Loader
                  Liquid, Impregnation, Commercial treatment
                       Fertilizer, dry bulk, impregnated
                                     0.011
                                    EC/No-R
                                      15
                                      960
                                    0.00198
                                     5100
 The updated Inhalation Unit Exposure can be found at: https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/occupational-pesticide-handler-exposure-data and Occupational Pesticide Handler Exposure Calculator (XLSX) (version date: May 2021) (XLSX)


The White House
Office of the Press Secretary
For Immediate Release
May 21, 2010
Presidential Memorandum Regarding Fuel Efficiency Standards
MEMORANDUM FOR THE SECRETARY OF TRANSPORTATION
THE SECRETARY OF ENERGY
THE ADMINISTRATOR OF THE ENVIRONMENTAL
PROTECTION AGENCY
THE ADMINISTRATOR OF THE NATIONAL HIGHWAY
TRAFFIC SAFETY ADMINISTRATION
SUBJECT:Improving Energy Security, American Competitiveness and Job Creation, and Environmental Protection through a Transformation of our Nation's Fleet of Cars and Trucks
America has the opportunity to lead the world in the development of a new generation of clean cars and trucks through innovative technologies and manufacturing that will spur economic growth and create high-quality domestic jobs, enhance our energy security, and improve our environment.  We already have made significant strides toward reducing greenhouse gas pollution and enhancing fuel efficiency from motor vehicles with the joint rulemaking issued by the National Highway Traffic Safety Administration (NHTSA) and the Environmental Protection Agency (EPA) on April 1, 2010, which regulates these attributes of passenger cars and light-duty trucks for model years 2012-2016.  In this memorandum, I request that additional coordinated steps be taken to produce a new generation of clean vehicles.
Section 1.  Medium- and Heavy-Duty Trucks.
While the Federal Government and many States have now created a harmonized framework for addressing the fuel economy of and greenhouse gas emissions from cars and light-duty trucks, medium- and heavy-duty trucks and buses continue to be a major source of fossil fuel consumption and greenhouse gas pollution.  I therefore request that the Administrators of the EPA and the NHTSA immediately begin work on a joint rulemaking under the Clean Air Act (CAA) and the Energy Independence and Security Act of 2007 (EISA) to establish fuel efficiency and greenhouse gas emissions standards for commercial medium- and heavy-duty vehicles beginning with model year 2014, with the aim of issuing a final rule by July 30, 2011.  As part of this rule development process, I request that the Administrators of the EPA and the NHTSA:
     (a) Propose and take comment on strategies, including those designed to increase the use of existing technologies, to achieve substantial annual progress in reducing transportation sector emissions and fossil fuel consumption consistent with my Administration's overall energy and climate security goals.  These strategies should consider whether particular segments of the diverse heavy-duty vehicle sector present special opportunities to reduce greenhouse gas emissions and increase fuel economy.  For example, preliminary estimates indicate that large tractor trailers, representing half of all greenhouse gas emissions from this sector, can reduce greenhouse gas emissions by as much as 20 percent and increase their fuel efficiency by as much as 25 percent with the use of existing technologies;
     (b) Include fuel efficiency and greenhouse gas emissions standards that take into account the market structure of the trucking industry and the unique demands of heavy-duty vehicle applications; seek harmonization with applicable State standards; consider the findings and recommendations published in the National Academy of Science report on medium- and heavy-duty truck regulation; strengthen the industry and enhance job creation in the United States; and
     (c) Seek input from all stakeholders, while recognizing the continued leadership role of California and other States.
Sec. 2.  Passenger Cars and Light-Duty Trucks.
Building on the earlier joint rulemaking, and in order to provide greater certainty and incentives for long-term innovation by automobile and light-duty vehicle manufacturers, I request that the Administrators of the EPA and the NHTSA develop, through notice and comment rulemaking, a coordinated national program under the CAA and the EISA to improve fuel efficiency and to reduce greenhouse gas emissions of passenger cars and light-duty trucks of model years 2017-2025.  The national program should seek to produce joint Federal standards that are harmonized with applicable State standards, with the goal of ensuring that automobile manufacturers will be able to build a single, light-duty national fleet.  The program should also seek to achieve substantial annual progress in reducing transportation sector greenhouse gas emissions and fossil fuel consumption, consistent with my Administration's overall energy and climate security goals, through the increased domestic production and use of existing, advanced, and emerging technologies, and should strengthen the industry and enhance job creation in the United States.  As part of implementing the national program, I request that the Administrators of the EPA and the NHTSA:
     (a) Work with the State of California to develop by September 1, 2010, a technical assessment to inform the rulemaking process, reflecting input from an array of stakeholders on relevant factors, including viable technologies, costs, benefits, lead time to develop and deploy new and emerging technologies, incentives and other flexibilities to encourage development and deployment of new and emerging technologies, impacts on jobs and the automotive manufacturing base in the United States, and infrastructure for advanced vehicle technologies; and
     (b) Take all measures consistent with law to issue by September 30, 2010, a Notice of Intent to Issue a Proposed Rule that announces plans for setting stringent fuel economy and greenhouse gas emissions standards for light-duty vehicles of model year 2017 and beyond, including plans for initiating joint rulemaking and gathering any additional information needed to support regulatory action.  The Notice should describe the key elements of the program that the EPA and the NHTSA intend jointly to propose, under their respective statutory authorities, including potential standards that could be practicably implemented nationally for the 2017-2025 model years and a schedule for setting those standards as expeditiously as possible, consistent with providing sufficient lead time to vehicle manufacturers.
Sec. 3.  Cleaner Vehicles and Fuels and Necessary Infrastructure.
The success of our efforts to achieve enhanced energy security and to protect the environment also depends upon the development of infrastructure and promotion of fuels, including biofuels, which will enable the development and widespread deployment of advanced technologies.  Therefore, I further request that:
     (a) The Administrator of the EPA review for adequacy the current nongreenhouse gas emissions regulations for new motor vehicles, new motor vehicle engines, and motor vehicle fuels, including tailpipe emissions standards for nitrogen oxides and air toxics, and sulfur standards for gasoline.  If the Administrator of the EPA finds that new emissions regulations are required, then I request that the Administrator of the EPA promulgate such regulations as part of a comprehensive approach toward regulating motor vehicles; and
     (b) The Secretary of Energy promote the deployment of advanced technology vehicles by providing technical assistance to cities preparing for deployment of electric vehicles, including plug-in hybrids and all electric vehicles; and
     (c) The Department of Energy work with stakeholders on the development of voluntary standards to facilitate the robust deployment of advanced vehicle technologies and coordinate its efforts with the Department of Transportation, the NHTSA, and the EPA.
Sec. 4.  General Provisions.
     (a) This memorandum shall be implemented consistent with applicable law, including international trade obligations, and subject to the availability of appropriations.
     (b) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
     (c) Nothing in this memorandum shall be construed to impair or otherwise affect:
(1) authority granted by law to a department, agency, or the head thereof; or
(2) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
Sec. 5.  Publication.
The Secretary of Transportation is hereby authorized and directed to publish this memorandum in the Federal Register.
                                 BARACK OBAMA


[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Notices]
[Pages 31166-31167]
[FR Doc No: 2018-14235]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2018-0188]

Collection of Information Under Review by Office of Management
and Budget; OMB Control Number: 1625-0081

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day notice requesting comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 the
U.S. Coast Guard is forwarding an Information Collection Request (ICR),
abstracted below, to the Office of Management and Budget (OMB), Office
of Information and Regulatory Affairs (OIRA), requesting an extension
of its approval for the following collection of information: 1625-0081,
Alternate Compliance Program; without change. Our ICR describes the
information we seek to collect from the public. Review and comments by
OIRA ensure we only impose paperwork burdens commensurate with our
performance of duties.

DATES: Comments must reach the Coast Guard and OIRA on or before August
2, 2018.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2018-0188] to the Coast Guard using the Federal
eRulemaking Portal at http://www.regulations.gov. Alternatively, you
may submit comments to OIRA using one of the following means:
    (1) Email: [email protected].
    (2) Mail: OIRA, 725 17th Street NW, Washington, DC 20503, attention
Desk Officer for the Coast Guard.
    A copy of the ICR is available through the docket on the internet
at http://www.regulations.gov. Additionally, copies are available from:
Commandant (CG-612), Attn: Paperwork Reduction Act Manager, U.S. Coast
Guard, 2703 Martin Luther King Jr. Ave. SE, Stop 7710, Washington, DC
20593-7710.

FOR FURTHER INFORMATION CONTACT: Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection. The Coast Guard invites comments on whether
this ICR should be granted based on the Collection being necessary for
the proper performance of Departmental functions. In particular, the
Coast Guard would appreciate comments addressing: (1) The practical
utility of the Collection; (2) the accuracy of the estimated burden of
the Collection; (3) ways to enhance the quality, utility, and clarity
of information subject to the Collection; and (4) ways to minimize the
burden of the Collection on respondents, including the use of automated
collection techniques or other forms of information technology. These
comments will help OIRA determine whether to approve the ICR referred
to in this Notice.
    We encourage you to respond to this request by submitting comments
and related materials. Comments to Coast Guard or OIRA must contain the
OMB Control Number of the ICR. They must also contain the docket number
of this request, [USCG-2018-0188], and must be received by August 2,
2018.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at http://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    OIRA posts its decisions on ICRs online at http://www.reginfo.gov/public/do/PRAMain after the comment period for each ICR. An OMB Notice
of Action on each ICR will become available via a hyperlink in the OMB
Control Number: 1625-0081.

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard published the 60-day notice (83 FR 15167, April 9, 2018)
required by 44 U.S.C. 3506(c)(2). That Notice elicited no comments.
Accordingly, no changes have been made to the Collections.

Information Collection Request

    Title: Alternate Compliance Program.
    OMB Control Number: 1625-0081.
    Summary: This information is used by the Coast Guard to assess
vessels participating in the voluntary Alternate Compliance Program
(ACP) before issuance of a Certificate of Inspection.
    Need: Sections 3306 and 3316 of 46 U.S.C. authorize the Coast Guard
to establish vessel inspection regulations and inspection alternatives.
Part 8 of 46 CFR contains the Coast Guard regulations for recognizing
classification societies and enrollment of U.S.-flag vessels in ACP.
    Forms: None.
    Respondents: Owners and operators of U.S.-flag inspected vessels.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden has increased from 154
hours to 174 hours a year due to an increase in the estimated annual
number of respondents.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: June 26, 2018.
James D. Roppel,
U.S. Coast Guard, Acting Chief, Office of Information Management.
[FR Doc. 2018-14235 Filed 7-2-18; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 195 (Tuesday, October 8, 2019)]
[Notices]
[Pages 53827-53829]
[FR Doc No: 2019-21888]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Actions on Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice of actions on special permit applications.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein.

DATES: Comments must be received on or before November 7, 2019.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, Washington, DC
20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Donald Burger, Chief, Office of
Hazardous Materials Approvals and Permits Division, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-30, 1200 New
Jersey Avenue Southeast, Washington DC or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on October 2, 2019.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

----------------------------------------------------------------------------------------------------------------
                                                                                Nature of the special permits
       Application No.                 Applicant          Regulation(s) affected              thereof
----------------------------------------------------------------------------------------------------------------
                                          SPECIAL PERMITS DATA--Granted
----------------------------------------------------------------------------------------------------------------
4661-M.......................  ALBEMARLE U.S. INC......  180.205(b), 180.205(c),   To modify the special permit
                                                          180.205(f), 180.205(g),   to authorize additional
                                                          180.213.                  Class 3 hazmat.
9847-M.......................  FIBA TECHNOLOGIES, INC..  173.302a(b)(2),           To modify the special permit
                                                          173.302a(b)(3),           to authorize a ten year
                                                          173.302a(b)(4),           requalification cycle for
                                                          173.302a(b)(5),           cylinders manufactured in
                                                          180.205(c), 180.205(f),   accordance with ISO 11120.
                                                          180.205(g), 180.205(i),
                                                          180.209(a), 180.213.
12382-M......................  AIR TRANSPORT             172.101(j),               To modify the special permit
                                INTERNATIONAL, INC.       173.27(b)(2),             to authorize an increase in
                                                          173.27(b)(3),             Net Explosive Weight (NEW)
                                                          175.30(a)(1).             from 2,000 pounds to 2,400
                                                                                pounds.
15507-M......................  YIWU JINYU MACHINERY      173.304(a), 173.304(d)..  To modify the special permit
                                FACTORY.                                            to authorize additional
                                                                                hazmat and to allow an
                                                                                increase in burst pressures.
16532-M......................  EQ INDUSTRIAL SERVICES,   173.185(f)(2),            To modify the special permit
                                INC.                      173.185(f)(3).            to authorize cushioning
                                                                                material that is not non-
                                                                                combustible, non-conductive
                                                                                and absorbent.
20274-M......................  BOLLORE LOGISTICS USA     172.101(j), 172.300,      To modify the special permit
                                INC.                      172.400, 173.301,         to authorize an additional
                                                          173.302a(a)(1),           manufacturing site for the
                                                          173.304a(a)(2).           cooling pipes.
20323-M......................  GENERAL DYNAMICS MISSION  173.185(a)(1)(i)........  To modify the special permit
                                SYSTEMS, INC.                                       to authorize the
                                                                                transportation of prototype,
                                                                                and low-production lithium
                                                                                ion batteries contained in
                                                                                equipment.
20430-N......................  MINNESOTA COMMERCIAL      174.85..................  To authorize the
                                RAILWAY COMPANY.                                    transportation by rail of
                                                                                hazardous materials without
                                                                                the use of buffer cars.
20495-N......................  Tk Services Inc.........  173.54(a), 173.54(d)....  To authorize the
                                                                                transportation in commerce
                                                                                of certain safety devices
                                                                                from storage facilities to
                                                                                facilities engaged in
                                                                                recycling or other
                                                                                disposition of the safety
                                                                                devices.
20709-M......................  DAIMLER AG..............  172.101(j), 173.185(a)..  To modify the special permit
                                                                                to authorize a new battery
                                                                                using an identical cell
                                                                                manufactured in China.
20820-N......................  UNION TANK CAR COMPANY..  180.509(e)(4)...........  To authorize the inspection
                                                                                and testing of tank car
                                                                                tanks using Alternating
                                                                                Current Field Measurement
                                                                                Technique (ACFMT non-
                                                                                destructive test method) in
                                                                                lieu of the methods in 49
                                                                                CFR 180.509(e)(4).
20834-N......................  ECC CORROSION INC.......  107.503(b), 107.503(c),   To authorize the manufacture,
                                                          173.241, 173.242,         marking, sale and use of non-
                                                          173.243, 178.345-1(d),    DOT specification glass
                                                          178.345-1(f), 178.345-    fiber reinforced plastic
                                                          2, 178.345-3, 178.345-    cargo tanks conforming with
                                                          4, 178.345-7, 180.405,    regulations applicable to
                                                          180.413.                  DOT Specifications 407 and
                                                                                412 for the transportation
                                                                                of hazardous materials in
                                                                                commerce.
20867-N......................  ADVANCED MATERIAL         172.203(a), 172.301(c),   To authorize the manufacture,
                                SYSTEMS CORPORATION.      173.302(f).               marking, sale and use of an
                                                                                ISO Standard 11119-2
                                                                                cylinder, for the
                                                                                transportation in commerce
                                                                                of oxygen.
20881-N......................  ARKEMA INC..............  172.102(c)(7)...........  To authorize the
                                                                                transportation in commerce
                                                                                of certain Class 3 hazardous
                                                                                materials in non-UN portable
                                                                                tanks.
20904-N......................  Piston Automotive, L.L.C  172.101(j)..............  To authorize the
                                                                                transportation of lithium
                                                                                ion batteries exceeding 35
                                                                                kg net weight by cargo-only
                                                                                aircraft.
20908-N......................  KTMI Co., Ltd...........  172.203, 172.301(c),      To authorize the use of ASTM
                                                          172.704.                  A537 Class 1 material to be
                                                                                used to manufacture Non-
                                                                                Pressure Manway Nozzles for
                                                                                tank cars conforming to DOT
                                                                                regulations and the
                                                                                Association of American
                                                                                Railroad's rules, standards
                                                                                and recommended practices.
20911-N......................  TEN-E PACKAGING           173.308(b)..............  To authorize the testing of
                                SERVICES, INC.                                      lighter designs using an
                                                                                alternative testing scheme.
20914-N......................  SILK WAY WEST AIRLINES,   172.101(j), 173.27,       To authorize the
                                LLC.                      175.30(a)(1).             transportation in commerce
                                                                                of explosives forbidden
                                                                                aboard cargo-only aircraft.
20929-N......................  LG CHEM WROCLAW ENERGY    173.185(b)(5)...........  To authorize the
                                SP Z O O.                                           transportation of lithium
                                                                                batteries by air which
                                                                                exceed the allowable weight
                                                                                limit (35 kg).
20934-N......................  SPACE EXPLORATION         172.300, 172.400,         To authorize the
                                TECHNOLOGIES CORP.        173.302(a).               transportation in commerce
                                                                                of spacecraft containing
                                                                                krypton, compressed in non-
                                                                                DOT specification cylinders.
----------------------------------------------------------------------------------------------------------------
                                          SPECIAL PERMITS DATA--Denied
----------------------------------------------------------------------------------------------------------------
2709-M.......................  COPPERHEAD CHEMICAL       173.24(c), 173.54(e),     To modify the special permit
                                COMPANY, INC.             173.62, 177.834(l)(1).    to remove the temperature-
                                                                                control requirement for
                                                                                shipments.
10915-M......................  LUXFER INC..............  172.203(a), 172.301(c),   To modify the special permit
                                                          173.302a(a)(1),           to authorize a change to the
                                                          173.304a(a)(1), 180.205.  marking requirements of CFFC-
                                                                                14(b)(ii).

20291-N......................  BOARD OF REGENTS OF THE   171.2(k)................  To authorize the
                                UNIVERSITY OF NEBRASKA.                             transportation in commerce
                                                                                of packages of non-hazardous
                                                                                material identified as
                                                                                Category A infectious
                                                                                substances for purposes of
                                                                                shipping and packaging
                                                                                drills.
20854-N......................  MORGAN FUEL & HEATING     180.417(a)(3)(ii).......  To authorize the
                                CO., INC.                                           transportation in commerce
                                                                                of MC 331 cargo tank
                                                                                manufactured after September
                                                                                1, 1995 that is missing the
                                                                                cargo tank manufacturers
                                                                                Certificate of Compliance.
20921-N......................  Johnson Outdoors Gear     173.304a(a)(1),           To authorize the
                                LLC.                      173.304a(d)(3)(ii).       transportation in commerce
                                                                                of non-DOT specification
                                                                                receptacles meeting the
                                                                                requirements of SP-16060 and
                                                                                SP-12562.
20933-N......................  KANTO DENKA KOGYO         ........................  To authorize the
                                CO.,LTD.                                            transportation in commerce
                                                                                of certain Division 2.3
                                                                                gases in DOT 3AA
                                                                                specification cylinders.
----------------------------------------------------------------------------------------------------------------
                                         SPECIAL PERMITS DATA--Withdrawn
----------------------------------------------------------------------------------------------------------------
20919-N......................  VERSUM MATERIALS, INC...  173.338(a)..............  To authorize the
                                                                                transportation in commerce
                                                                                of tungsten hexafluoride in
                                                                                UN specification tubes.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2019-21888 Filed 10-7-19; 8:45 am]
BILLING CODE 4909-60-P


[Federal Register Volume 80, Number 7 (Monday, January 12, 2015)]
[Notices]
[Pages 1559-1560]
[FR Doc No: 2015-00218]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73999; File No. SR-ISE-2014-52]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Order Granting Approval of Proposed Rule Change Regarding the
Short Term Option Series Program

January 6, 2015.

I. Introduction

    On November 6, 2014, the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission (``Commission''), pursuant to Section 19(b)(1) \1\
of the Securities Exchange Act of 1934 (``Act''),\2\ and Rule 19b-4
thereunder,\3\ a proposed rule change to extend the current $0.50
strike price intervals in non-index options to short term options with
strike prices less than $100. The proposed rule change was published
for comment in the Federal Register on November 24, 2014.\4\ The
Commission received no comment letters on the proposal. This order
approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ See Securities Exchange Act Release No. 73633 (November 18,
2014), 79 FR 69974 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    On any Thursday or Friday that is a business day, the Exchange
currently may list short term option series in designated option
classes that expire at the close of business on each of the next five
Fridays that are business days and

are not Fridays in which monthly or quarterly options expire.\5\ These
short term option series may be listed in strike price intervals of
$0.50, $1, or $2.50 depending on the strike price and whether the
option trades in dollar increments in the related monthly
expiration.\6\ Specifically, the Exchange may list short term option
series at strike price intervals of $0.50 or greater where the strike
price is less than $75, or for option classes that trade in one dollar
increments in the related non-short term option, $1 or greater where
the strike price is between $75 and $150, and $2.50 or greater where
the strike price is above $150.\7\ During the month prior to expiration
of an option class that is selected for the Short Term Option Series
Program, the strike price intervals for the related non-short term
option shall be the same as the strike price intervals for the short
term option.\8\
---------------------------------------------------------------------------

    \5\ See Supplementary Material .02 to ISE Rule 504.
    \6\ See Supplementary Material .12 to ISE Rule 504.
    \7\ Id.
    \8\ See Supplementary Material .02(e) to ISE Rule 504.
---------------------------------------------------------------------------

    The Exchange also currently operates a $2.50 Strike Price Program
that permits monthly expiration options in classes admitted to the
$2.50 Strike Price Program to trade in $2.50 intervals where the strike
price is greater than $25 but less than $50; or between $50 and $100 if
the strikes are no more than $10 from the closing price of the
underlying stock in its primary market on the preceding day.\9\ In
certain instances, these strike price parameters conflict with the
strike prices allowed for related non-short term options as dollar
strikes between $75 and $100 otherwise allowed under the Short Term
Option Series Program may be within $0.50 of strikes listed pursuant to
the $2.50 Strike Price Program. As a result, the Exchange has proposed
to amend Supplementary Material .12 to Rule 504 to extend the $0.50
strike price intervals currently allowed for short term options with
strike prices less than $75 to short term options with strike prices
less than $100. With this proposed change, short term options in non-
index option classes will trade in: (1) $0.50 or greater intervals for
strike prices less than $100, or for option classes that trade in one
dollar increments in the related non-short term option; (2) $1 or
greater intervals for strike prices that are between $100 and $150; and
(3) $2.50 or greater intervals for strike prices above $150.
---------------------------------------------------------------------------

    \9\ See ISE Rule 504(g). The term ``primary market'' is defined
in ISE Rule 100(a)(37) as the principal market in which an
underlying security is traded.
---------------------------------------------------------------------------

    With regard to the impact of the proposal on system capacity, the
Exchange states that it has analyzed its capacity and represents that
it and the Options Price Reporting Authority (``OPRA'') have the
necessary systems capacity to handle any potential additional traffic
associated with this proposed rule change.\10\ In addition, the
Exchange states that it believes that its members will not experience a
capacity issue as a result of this proposal.\11\ Furthermore, the
Exchange states that it does not believe the proposed rule change will
cause fragmentation of liquidity.\12\
---------------------------------------------------------------------------

    \10\ See Notice, supra note 4, at 69975.
    \11\ Id.
    \12\ Id.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\13\ In particular, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\14\ which
requires, among other things, that the rules of a national securities
exchange be designed to promote just and equitable principles of trade,
to prevent fraudulent and manipulative acts, to remove impediments to
and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest. The Commission believes that the proposed change may provide
the investing public and other market participants more flexibility to
closely tailor their investment and hedging decisions in short term
options, as well as in related non-short term options, thus allowing
them to better manage their risk exposure.
---------------------------------------------------------------------------

    \13\ In approving the proposed rule change, the Commission has
considered its impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In approving this proposal, the Commission notes that the Exchange
has represented that it and OPRA have the necessary systems capacity to
handle the potential additional traffic associated with this proposed
rule change.\15\ The Exchange further stated that it believes its
members will not have a capacity issue as a result of the proposal and
that it does not believe this expansion will cause fragmentation of
liquidity.\16\
---------------------------------------------------------------------------

    \15\ See Notice, supra note 4, at 69975.
    \16\ Id.
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act
\17\ that the proposed rule change (SR-ISE-2014-52) be, and hereby is,
approved.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f(b)(2).
---------------------------------------------------------------------------

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).

Brent J. Fields,
Secretary.
[FR Doc. 2015-00218 Filed 1-9-15; 8:45 am]
BILLING CODE 8011-01-P