[Federal Register: December 11, 2009 (Volume 74, Number 237)]
[Notices]
[Page 65816-65817]
[DOCID:fr11de09-97]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61122; File No. SR-FINRA-2009-083]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change To Adopt FINRA Rule 2330 (Members'
Responsibilities Regarding Deferred Variable Annuities) in the
Consolidated FINRA Rulebook

December 7, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 20, 2009 Financial Industry Regulatory Authority, Inc.
(``FINRA'') (f/k/a National Association of Securities Dealers, Inc.
(``NASD'')) filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been substantially prepared by FINRA.
FINRA has designated the proposed rule change as constituting a ``non-
controversial'' rule change under paragraph (f)(6) of Rule 19b-4 under
the Act,\3\ which renders the proposal effective upon receipt of this
filing by the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to adopt NASD Rule 2821 into the Consolidated
FINRA Rulebook,\4\ as FINRA Rule 2330, without any substantive changes.
The text of the proposed rule change is available on FINRA's Web site
at http://www.finra.org, at the principal office of FINRA and at the
Commission's Public Reference Room.
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    \4\ See infra note 5.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, FINRA 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. FINRA 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
    As part of the process of developing a new consolidated rulebook
(``Consolidated FINRA Rulebook''),\5\ FINRA is proposing to transfer
NASD Rule 2821 into the Consolidated FINRA Rulebook as FINRA Rule 2330.
NASD Rule 2821 establishes sales practice standards regarding
recommended purchases and exchanges of deferred variable annuities. The
rule has six main sections. First, the rule addresses general
considerations, such as the rule's applicability. Second, the rule has
requirements governing broker recommendations, including suitability
and disclosure obligations. Third, the rule includes various principal
review and approval obligations. Fourth, the rule requires members to
establish and maintain supervisory procedures reasonably designed to
achieve compliance with the standards set forth in the rule. Fifth, the
rule has a training component. Sixth, the rule has a supplementary
material section that addresses a variety of issues ranging from the
handling of customer funds and checks to information gathering and
sharing.
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    \5\ The current FINRA rulebook consists of (1) FINRA Rules; (2)
NASD Rules; and (3) rules incorporated from NYSE (``Incorporated
NYSE Rules'') (together, the NASD Rules and Incorporated NYSE Rules
are referred to as the ``Transitional Rulebook''). While the NASD
Rules generally apply to all FINRA members, the Incorporated NYSE
Rules apply only to those members of FINRA that are also members of
the NYSE (``Dual Members''). The FINRA Rules apply to all FINRA
members, unless such rules have a more limited application by their
terms. For more information about the rulebook consolidation
process, see Information Notice, March 12, 2008 (Rulebook
Consolidation Process).
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    FINRA seeks to transfer this important sales-practice rule, which
the Commission only recently approved,\6\ into the Consolidated FINRA
Rulebook as FINRA Rule 2330 without any substantive changes. Moving the
rule into the Consolidated FINRA Rulebook ensures that the rule's
requirements will continue to protect investors and does not impose any
significant burden on competition. FINRA notes that FINRA Rule 2330
will apply to broker-dealers

in the same manner and to the same extent as NASD Rule 2821.
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    \6\ See Securities Exchange Act Release No. 59772 (April 15,
2009), 74 FR 18419 (April 22, 2009) (approval order); Regulatory
Notice 09-32 (June 2009). See also Securities Exchange Act Release
No. 56375 (September 7, 2007), 72 FR 52403 (September 13, 2007)
(approval order).
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    FINRA has filed the proposed rule change for immediate
effectiveness. The implementation date for FINRA Rule 2330 will be
February 8, 2010.\7\
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    \7\ See Securities Exchange Act Release No. 59772 (April 15,
2009), 74 FR 18419 (April 22, 2009) (approval order); Regulatory
Notice 09-32 (June 2009) (announcing SEC approval of amendments to
NASD Rule 2821 governing purchases and exchanges of deferred
variable annuities and an effective date for those amendments of
February 8, 2010).
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2. Statutory Basis
    The proposed rule change is consistent with the provisions of
Section 15A(b)(6) of the Act,\8\ which requires, among other things,
that FINRA's rules must be designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. Transferring the rule to the Consolidated FINRA
Rulebook is consistent with FINRA's obligations under the Act because
the rule enhances members' compliance and supervisory systems and
provides more comprehensive and targeted protection to investors in
deferred variable annuities.
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    \8\ 15 U.S.C. 78o-3(b)(6).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    Written comments were neither solicited nor 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) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2009-083 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2009-083. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of FINRA. 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-FINRA-2009-083 and should be
submitted on or before January 4, 2010.
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    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-29526 Filed 12-10-09; 8:45 am]

BILLING CODE 8011-01-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C.  20460

OFFICE OF

PREVENTION, PESTICIDES

AND TOXIC SUBSTANCES

MEMORANDUM

Date:		May 1, 2007

Subject:	Pyrasulfotole: Occupational and Residential Exposure/Risk
Assessment for the New Use on Cereal Grains

PC Code: 000692        	DP Barcode: 333434

To:		Joanne Miller, RM 23

		Registration Division/Herbicide Branch (7505P)

From:		Kelly M. Lowe, Environmental Scientist

		Health Effects Division/Registration Action Branch 1 (7509P)

Thru:		PV Shah, Acting Branch Chief

Health Effects Division/Registration Action Branch 1 (7509P)

INTRODUCTION

Under Section 3 of the Federal Insecticide, Fungicide and Rodenticide
Act, as amended, Bayer Crop Science has requested registration of the
herbicide pyrasulfotole for use on cereal grains.  This memorandum
serves as HED’s assessment of nondietary exposure and risk that might
result from the proposed use.

USE PATTERN SUMMARY

Table 1 summarizes the proposed use pattern and formulations specified
in the end-use products containing pyrasulfotole.

Table 1.   Proposed Use Patterns and Formulations

Product	Formulation	Use Sites	Application Rates	Application Equipment
Area Treated	Timing of Application and Restrictions

AE0317309 +  Bromo	liquid	wheat, barley, oat, triticale	0.037 lb ai/A
aerial	wheat: 1200 acres;

all other crops: 350 acres	Apply between 1 leaf and up to flag leaf
emergence; PHI: 25 days for forage and 60 days for grain and straw; REI:
12 hours; multiple active ingredients

groundboom 	wheat: 200 acres;

all other crops: 80 acres

	chemigation	all crops: 350 acres

	AE0317309 SE06 Herbicide

	0.045 lb ai/A	aerial	wheat: 1200 acres;

all other crops: 350 acres	Apply between 1 leaf and up to flag leaf
emergence; PHI: 25 days for forage/hay; 50 days for wheat/triticale; 45
days for barley/oats; REI: 12 hours

groundboom	wheat: 200 acres;

all other crops: 80 acres

HAZARD INFORMATION tc  \l 1 "2.0  Hazard Information"

RAB1 toxicologists met to determine appropriate toxicological endpoints
of concern for pyrasulfotole.  Adverse effects were identified at
durations of exposure ranging from short-term (up to 30 days) to
intermediate-term durations (1 to 6 months) to long-term (chronic)
durations (more than 6 months).

The acute toxicity categories for pyrasulfotole are summarized in Table
2.  The doses selected by RAB1 toxicologists are summarized in Table 3.
Short- and intermediate-term dermal risks were assessed using a No
Observable Adverse Effect Level (NOAEL) of 10 mg/kg/day from a 28-day
toxicity study in the rat in which focal degeneration of pancreas (both
sexes) and alteration of thyroid colloid (males) was observed.  Short-
and intermediate-term inhalation risks were assessed using a NOAEL of
1.0 mg/kg/day from a combined chronic toxicity/ carcinogenicity study in
the rat in which corneal opacity, neovascularization of the cornea,
inflammation of the cornea, regenerative corneal hyperplasia, corneal
atrophy, and/or retinal atrophy (both sexes), and hepatocellular
hypertrophy along with increased serum cholesterol (males) was observed.
A body weight of 70 kg was used since the endpoints were not
sex-specific.   The dermal absorption factor was estimated to be 2.5%.
A 100% oral equivalent inhalation absorption factor is assumed.

Table 2. Acute Toxicity of Pyrasulfotole

Guideline Number	Study Type	MRID #	Results	Tox Cat.

81-1	Acute Oral	46801836	Oral LD50  > 2000 mg/kg females	III

81-2	Acute Dermal	46801837	Dermal LD50 >2000 mg/kg	III

81-3	Acute Inhalation	46801838	LC50> 5.03 mg/L	IV

81-4	Primary Eye Irritation	46801839	Moderate irritant	III

81-5	Primary Skin Irritation	46801840	Not an irritant	IV

81-6	Dermal Sensitization	46801841	Not dermal sensitizer	-

Table 3.  Summary of Toxicological Doses and Endpoints for Pyrasulfotole
for Use in Occupational Human Health Risk Assessments

Exposure Scenario	Point of Departure	Uncertainty/FQPA Safety Factors
RfD, PAD, Level of Concern for Risk Assessment	Study and Toxicological
Effects

Dermal

Short- and Intermediate- Term (1-30 days and 1-6 months)	NOAEL = 10

mg/kg/day

Estimated dermal absorption factor = 2.5%	UFA = 10X

UFH = 10X

	Occupational LOC for MOE < 100	28-day dermal toxicity (rat) LOAEL = 100
mg/kg bw/day [M/F] based on focal degeneration of pancreas (both sexes)
and alteration of thyroid colloid (males)

Dermal

Long-Term (>6 months)	NOAEL = 1.0

mg/kg/day

Estimated dermal absorption factor = 2.5%	UFA = 10X

UFH = 10X	Occupational LOC for MOE < 100	Combined chronic
toxicity/carcinogenicity (rat; dietary) LOAEL = 10/14 mg/kg/day (M/F)
based on corneal opacity, neovascularization of the cornea, inflammation
of the cornea, regenerative corneal hyperplasia, corneal atrophy, and/or
retinal atrophy (both sexes), and hepatocellular hypertrophy along with
increased serum cholesterol (males).

Inhalation

(All durations)	NOAEL = 1.0

mg/kg/day

100% inhalation assumed	UFA = 10X

UFH = 10X	Occupational LOC for MOE < 100	Combined chronic
toxicity/carcinogenicity (rat; dietary) LOAEL = 10/14 mg/kg/day (M/F)
based on corneal opacity, neovascularization of the cornea, inflammation
of the cornea, regenerative corneal hyperplasia, corneal atrophy, and/or
retinal atrophy (both sexes), and hepatocellular hypertrophy along with
increased serum cholesterol (males).

Cancer (oral, dermal, inhalation)	Classification:  “Suggestive
Evidence of Carcinogenic Potential” based on increased incidences of
corneal tumors in male rats (oral carcinogenicity study) and urinary
bladder tumors in male and female mice (oral carcinogenicity study).

Abbreviations: UF = uncertainty factor, UFA = extrapolation from animal
to human (interspecies), UFH = potential variation in sensitivity among
members of the human population (intraspecies), UFFQPA = FQPA Safety
Factor, UFL = use of a LOAEL to extrapolate a NOAEL, UFDB = to account
for the absence of key data, NOAEL = no observed adverse effect level,
LOAEL = lowest observed adverse effect level, RfD = reference dose (a =
acute, c = chronic), PAD = population adjusted dose, MOE = margin of
exposure, LOC = level of concern, N/A = Not Applicable

HED’s level of concern (LOC) for pyrasulfotole occupational and
residential dermal and inhalation exposures is 100 (i.e., a margin of
exposure (MOE) less than 100 is considered a risk of concern by HED).
The level of concern is based on 10X to account for interspecies
extrapolation to humans from the animal test species and 10X to account
for intraspecies sensitivity.

NON-OCCUPATIONAL/RESIDENTIAL EXPOSURE

The proposed new use is on agricultural crops (e.g., wheat, oats, barley
and triticale); therefore, residential exposures are not expected and
were not assessed.

 tc "

" OCCUPATIONAL EXPOSURE

Based upon the proposed use pattern, the most likely exposure scenarios
include mixing/loading liquids for aerial, chemigation and groundboom
applications, applying liquids via aerial and groundboom equipment, and
flagging for aerial applications.  HED expects the most highly exposed
occupational pesticide handlers are likely to be:

	Mixer/Loader:

(1) Mixing/Loading Liquids for Aerial Applications (PHED); and

Applicators:

(2) Applying Sprays via Aerial Equipment (PHED).

	No chemical specific data were available with which to assess potential
exposure to pesticide handlers.  The estimates of exposure to pesticide
handlers are based upon surrogate study data available in the PHED
Surrogate Guide (August, 1998).   For pesticide handlers, it is HED
standard practice to present estimates of dermal exposure for
“baseline” that is, for workers wearing a single layer of work
clothing consisting of a long sleeved shirt, long pants, shoes plus
socks and no protective gloves, as well as for “baseline” and the
use of protective gloves or other Personal Protective Equipment (PPE) as
might be necessary.  The proposed product labels involved in this
assessment direct applicators and other handlers to wear a long sleeved
shirt and long pants, socks, shoes, chemical resistant gloves and
protective eyewear.

HED classifies exposures up to 30 days as short-term and exposures
greater than 30 days up to several months as intermediate-term.  Since
only one application is allowed per season for this product, HED expects
most exposures will be short-term in duration, therefore, only
short-term exposures were assessed.

Daily dermal or inhalation handler exposures are estimated for each
applicable handler task with the application rate, the area treated in a
day, and the applicable dermal or inhalation unit exposure using the
following formula:

Daily Exposure (mg ai/day) = UE (mg ai/lb ai handled) x AR (lbs ai/area)
x AT (area/day)

Where:

Daily Exposure		=	Amount (mg ai/day) deposited on the surface of the
skin that is available for dermal absorption or amount inhaled that is
available for inhalation absorption;

UE	 		=	Unit exposure value (mg ai/lb ai) derived from August 1998 PHED
Surrogate Guide;

AR			=	Application rate (lb ai/A or lb ai/gal); and

	AT		 	=	Application area based on a logical unit treatment such as
acres (A/day) or gallons per day (gal/day).

	The daily dermal or inhalation dose is calculated by normalizing the
daily exposure by body weight and adjusting, if necessary, with an
appropriate dermal or inhalation absorption factor using the following
formula:

Average Daily Dose (mg/kg/day) = Daily Exposure (mg ai/day) x
(Absorption Factor (%/100) / Body Weight (kg)

Where:

Average Daily Dose 		= 	Absorbed dose received from exposure to a
pesticide in a given scenario (mg pesticide active ingredient/kg body
weight/day);

Daily Exposure 			=	Amount (mg ai/day) deposited on the surface of the
skin that is available for dermal absorption or amount inhaled that is
available for inhalation absorption;

Absorption Factor 		= 	A measure of the amount of chemical that crosses
a biological boundary such as the skin or lungs (% of the total
available absorbed); and

Body Weight 			= 	Body weight determined to represent the population of
interest in a risk assessment (kg).

	Non-cancer dermal and inhalation risks for each applicable handler
scenario are calculated using a MOE, which is a ratio of the NOAEL to
the daily dose.  All MOE values were calculated using the formula below:

MOE= NOAEL or LOAEL (mg/kg/day) / Average Daily Dose (mg/kg/day)

A total MOE was calculated because the dermal and inhalation
toxicological endpoints of concern are based on the same adverse
effects.  The total MOE values were calculated using the formula below:

  SEQ CHAPTER \h \r 1  Total MOE = NOAEL / (dermal + inhalation daily
dose (mg/kg/day))

Occupational Handler Non-cancer Risk Summary  tc "<IP_ADDRESS>	CAMA
Non-cancer Risk Summary (using PHED and ORETF data) " \l 4

Table 4 presents the exposure/risks for short and intermediate-term
dermal and inhalation exposures at baseline.  HED has no data to assess
exposures to pilots using open cockpits.  The only data available is
for exposure to pilots in enclosed cockpits.  Therefore, risks to
pilots are assessed using the engineering control (enclosed cockpits)
and baseline attire (long-sleeve shirt, long pants, shoes, and socks). A
MOE of 100 is adequate to protect occupational pesticide handlers.  All
MOEs are >100 with baseline attire; and, therefore, are not of concern
to HED.

Table 4.  Pyrasulfotole Occupational Noncancer Dermal and Inhalation
Exposures and Risks from Application to Cereal Grains

Application Rate

(lb ai/acre)a	Area Treated Daily (acres)b	Unit Exposures --

Dermal and Inhalation

(mg/lb ai)	Doses (mg/kg/day)f	MOEsg	Combined MOEsh

Mixer/Loader for Aerial Applications

0.045	1200	Dermal

Baselinec: 2.9	Dermal

Baseline:  0.056	Dermal

Baseline: 180	Baseline Dermal + Inhalation: 150

Inhalation

Baselined: 0.0012	Inhalation

Baseline: 0.00093	Inhalation

Baseline: 1,100

	Applicator for Aerial Equipment

0.045	1200	Dermal

Engineering controle: 0.005	Dermal

Engineering control: 0.000096	Dermal

Engineering control: 100,000	Engineering control Dermal + Inhalation:
16,000

Inhalation

Engineering control: 0.000068	Inhalation

Engineering control: 0.000052	Inhalation

Engineering control: 19,000

	a	Application rates are the maximum application rates determined from
proposed labels for pyrasulfotole

b	Amount handled per day values are HED estimates of acres treated per
day based on Exposure SAC SOP #9 “Standard Values for Daily Acres
Treated in Agriculture,” industry sources, and HED estimates.

c	Baseline Dermal:  Long-sleeve shirt, long pants, and no gloves.

d	Baseline Inhalation: no respirator.

e	Engineering control:  enclosed cockpit and baseline attire
(long-sleeve shirt, long pants, shoes, and socks).

f	Dose (mg/kg/day) = Unit exposure(mg/lb ai) x App Rate (lb ai/acre) x
Area Treated (acres/day) x  %Absorption (2.5% dermal and 100%
inhalation) / Body weight (70 kg).

g	MOE = NOAEL/Dose; where the short-term dermal NOAEL = 10 mg/kg/day and
the short-term inhalation NOAEL = 1.0 mg/kg/day

h	Combined MOE = NOAEL / (dermal + inhalation daily dose (mg/kg/day))

Postapplication

Since no postapplication data was submitted in support of this
registration action, exposures during postapplication activities were
estimated using dermal transfer coefficients from the Science Advisory
Council For Exposure Policy Number 3.1: Agricultural Transfer
Coefficients, August 2000, summarized in Table 6 below and the following
assumptions:

Assumptions:

Application Rate	= 	0.045 lb ai/A

Exposure Duration	=	8 hours per day

Body Weight		=	70 kg

Dermal Absorption	= 	2.5%

Fraction of a.i. retained on foliage is assumed to be 20% (0.2) on day
zero (= % dislodgeable foliar residue, DFR, after initial treatment).
This fraction is assumed to further dissipate at the rate of 10% (0.1)
per day on following days.  These are default values established by
HED’s Science Advisory Council (SAC) for Exposure.

Table 6: Anticipated Postapplication Activities and Dermal Transfer
Coefficients

Proposed Crops	Policy Crop Group Category	Transfer Coefficients (cm2/hr)
Activities

Cereal grains	Field / row crop, low / medium	100 	Scouting, irrigation
of crops at low height

1,500 	Scouting, irrigation of crops at medium height

The information in the table is based on  proprietary and
non-proprietary data.

	Daily dermal doses were calculated on each postapplication day after
application using the following equations:

Dermal Dose (mg/kg/day) = [DFR(t) (µg/cm2) x TC (cm2/hr) x ET (hr/day)
* CF1 * Abs (%)] / BW (kg)

Where:

	DFR(t)	=	Dislodgeable foliar residues at time “t” (0.1 µg/cm2 on
day 0);

	TC	=	Transfer Coefficient (cm2/hour);

ET	=	Exposure time meant to represent a typical workday (8 hours);

CF1	=	Conversion factor (0.001 mg/ug);

Abs	=	Dermal absorption (2.5%); and

BW	=	Body weight (70 kg).

And

DFR(t) (µg/cm2) =  [AR (lb ai/A) * (CF2/CF3)] * TR

Where:

	DFR(t)	=	Dislodgeable foliar residues at time “t” (0.1 µg/cm2 on
day 0);

	AR	=	Application rate (lb ai/A);

CF2	=	Conversion factor (4.54E+08 ug/lb)

CF1	=	Conversion factor (4.05E+07 cm2/A); and

TR	=	Transferable residue that can be dislodgeable foliar residue at
time (t) (20% on day 0).

Occupational Postapplication Noncancer Risk Summary  tc "2.2.3	Noncancer
Risk Summary " \l 3

Table 6 presents a summary of occupational postapplication risks
associated with use of pyrasulfotole.  For cereal grains, risks are not
of concern for irrigation and scouting activities on day 0 (REI = 12
hours).

	Table 6.  Summary of Occupational Postapplication Risks for
Pyrasulfotole

Crop Grouping	Application rate

(lb ai/acre)	Transfer Coefficient (cm2/hr)	Days after Application	MOE at
Day 0

(Level of Concern = 100)

Cereal grains	0.045	100

(Scouting, irrigation crops at low height)	0 (12 hours)	350,000

1,500

(Scouting, irrigation crops at medium height)	0 (12 hours)	23,000

RESTRICTED ENTRY INTERVAL (REI)

Pyrasulfotole is classified in Acute Toxicity Category II for acute oral
toxicity, acute dermal toxicity, and primary eye irritation.  It
classified in Category IV for acute inhalation toxicity and primary skin
irritation.  It is not a dermal sensitizer.  Therefore, the interim
worker protection standard (WPS) restricted entry interval of 12 hours
is adequate to protect agricultural workers from post-application
exposures.  The two end-use product labels list a REI of 12 hours.

Page   PAGE  1  of   NUMPAGES  8


[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Notices]
[Pages 29542-29543]
[FR Doc No: 2017-13599]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP17-463-000]

Notice of Request Under Blanket Authorization: Florida Southeast
Connection, LLC

    Take notice that on June 14, 2017, Florida Southeast Connection,
LLC (FSC), 700 Universe Boulevard, Juno Beach, Florida 33408, filed in
Docket No. CP17-463-000 a prior notice request pursuant to sections
157.205 and 157.208 of the Commission's regulations under the Natural
Gas Act (NGA), and FSC's blanket certificate issued in Docket No. CP14-
554-000, to construct and operate certain natural gas facilities in
Okeechobee County, Florida. The facilities will allow FSC to provide up
to 400,000 dekatherms (Dth) per day of natural gas to the Okeechobee
Clean Energy Center (OCEC), currently under construction by Florida
Power & Light Company (FPL) and planned to be in service by mid-2019.
    FSC proposes to construct and operate an approximately 5.2 mile,
20-inch diameter natural gas pipeline lateral starting at milepost 77.2
of the FSC mainline along US 441 and terminating at the FPL OCEC in
Okeechobee County, Florida. Upon completion and start of commercial
operation of the project, FSC will add Okeechobee as a delivery point
on its system, all as more fully set forth in the application which is
on file with the Commission and open to public inspection. The filing
may also be viewed on the web at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the

last three digits in the docket number field to access the document.
For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or TTY,
contact<PHONE_NUMBER>.
    Any questions concerning this application may be directed to Halli
Nicoloso, Florida Southeast Connection, LLC, 700 Universe Boulevard,
Juno Beach, Florida 33408, by telephone at<PHONE_NUMBER>, by facsimile
at<PHONE_NUMBER>, or by email at<EMAIL_ADDRESS>    Any person or the Commission's staff may, within 60 days after
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and pursuant to section 157.205 of
the regulations under the NGA (18 CFR 157.205), a protest to the
request. If no protest is filed within the time allowed therefore, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for filing a protest. If a protest is filed and
not withdrawn within 30 days after the allowed time for filing a
protest, the instant request shall be treated as an application for
authorization pursuant to section 7 of the NGA.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding, or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters, will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the eFiling link at
http://www.ferc.gov. Persons unable to file electronically should
submit an original and seven copies of the protest or intervention to
the Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426.

    Dated: June 23, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-13599 Filed 6-28-17; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: February 1, 2008 (Volume 73, Number 22)]
[Notices]
[Page 6226-6227]
[DOCID:fr01fe08-124]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57204; File No. SR-NYSE-2008-05]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Order Granting Accelerated Approval of Proposed
Rule Change To Eliminate the One-Year Minimum Life Requirement From the
Listing Standards for ``Other Securities''

January 25, 2008.
    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 January 15, 2008, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared substantially by NYSE. This
order provides notice of the proposed rule change and approves the
proposed rule change on an accelerated basis.
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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 Section 703.19 of the Exchange's
Listed Company Manual (``Manual''), which sets forth the initial
listing standards for ``Other Securities,'' to eliminate the
requirement that securities listed thereunder must have a minimum life
of one year. The text of the proposal is available at NYSE, the
Commission's Public Reference Room, and http://www.nyse.com.

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 III below, and the most significant aspects of such statements are
set forth in Sections A, B, and C below.

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

1. Purpose
    The Exchange proposes to amend Section 703.19 of the Manual, which
sets forth the Exchange's initial listing standards for ``Other
Securities,'' to eliminate the requirement that securities listed
thereunder must have a minimum life of one year. The Exchange seeks to
make this change to harmonize Section 703.19 of the Manual with the
comparable rules of The NASDAQ Stock Market LLC (``NASDAQ''), the
American Stock Exchange LLC (``Amex''), and NYSE Arca Equities, Inc.
(``NYSE Arca Equities''), none of which contain a minimum life
requirement.\3\
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    \3\ See NASDAQ Rule 4420(f), Section 107(A) of the Amex Company
Guide, and NYSE Arca Equities Rule 5.2(j)(1), respectively.
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2. Statutory Basis
    The proposed rule change is consistent with Section 6 of the
Act,\4\ in general, and furthers the objectives of Section 6(b)(5),\5\
in particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, to
remove impediments to and perfect the mechanism of a free and open
market, and, in general, to protect investors and the public interest.
Specifically, the Exchange believes that the proposed rule change seeks
to remove impediments to and perfect the mechanism of a free and open
market by conforming NYSE's listing rules to those of its competitors,
enabling the Exchange to compete for listings of securities that can
currently be listed under the rules of the Exchange's competitors.
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    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    The Exchange states that written comments on the proposed rule
change were neither solicited nor received.

III. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSE-2008-05 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2008-05. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of 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-NYSE-2008-05 and should be
submitted on or before February 22, 2008.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    After careful consideration, 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.\6\ In particular, the Commission finds that the proposed rule
change is consistent with Section 6(b)(5) of the Act,\7\ which requires
that the rules of an exchange be designed, among other things, to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest. The Commission notes that comparable rules of other national
securities exchanges currently do not require such ``Other Securities''
to have a minimum life of one year.\8\
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    \6\ In approving this rule change, the Commission notes that it
has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ See supra note 3.
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    The Commission finds good cause for approving this proposal before
the 30th day after the publication of notice thereof in the Federal
Register. As noted above, the proposal seeks to harmonize the
Exchange's initial listing standards for ``Other Securities'' with
those of other national securities exchanges. The initial listing
standards for ``Other Securities'' of such other national securities
exchanges do not appear to present any new or significant regulatory
concerns. Therefore, the Commission believes that accelerating approval
of this proposal would allow the Exchange to trade such ``Other
Securities'' without undue delay and should generate additional
competition in the market for such products.

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\9\ that the proposed rule change (SR-NYSE-2008-05) be, and it
hereby is, approved on an accelerated basis.
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    \9\ 15 U.S.C. 78s(b)(2).
    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8-1833 Filed 1-31-08; 8:45 am]

BILLING CODE 8011-01-P