[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Proposed Rules]
[Pages 26641-26644]
[FR Doc No: 2017-11927]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 174 and 180

[EPA-HQ-OPP-2017-0006; FRL-9961-14]

Receipt of Several Pesticide Petitions Filed for Residues of
Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of filing of petitions and request for comment.

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SUMMARY: This document announces the Agency's receipt of several
initial filings of pesticide petitions requesting the establishment or
modification of regulations for residues of pesticide chemicals in or
on various commodities.

DATES: Comments must be received on or before July 10, 2017.

ADDRESSES: Submit your comments, identified by the docket
identification (ID) number and the pesticide petition number (PP) of
interest as shown in the body of this document, by one of the following
methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.

Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michael Goodis, Registration Division
(RD) (7505P), main telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>The mailing address for each contact person is:
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001. As part of the
mailing address, include the contact person's name, division, and mail
code.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed under FOR
FURTHER INFORMATION CONTACT for the division listed at the end of the
pesticide petition summary of interest.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. What action is the Agency taking?

    EPA is requesting the establishment or modification of regulations
in 40 CFR part 180 for residues of pesticide chemicals in or on various
food commodities.
    The Agency is taking public comment on the requests before
responding to the petitioners. EPA is not proposing any particular
action at this time. EPA has determined that the pesticide petitions
described in this document contain the data or information prescribed
in FFDCA section 408(d)(2), 21 U.S.C. 346a(d)(2); however, EPA has not
fully evaluated the sufficiency of the submitted data at this time or
whether the data support granting of the pesticide petitions. After
considering the public comments, EPA intends to evaluate whether and
what action may be warranted. Additional data may be needed before EPA
can make a final determination on these pesticide petitions.
    Pursuant to 40 CFR 180.7(f), a summary of each of the petitions
that are the subject of this document, prepared by the petitioner, is
included in a docket EPA has created for each rulemaking. The docket
for each of the petitions is available at http://www.regulations.gov.
    As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA
is publishing notice of the petitions so that the public has an
opportunity to comment on these requests for the establishment or
modification of regulations for residues of pesticides in or on food
commodities. Further information on the petitions may be obtained
through the petition summaries referenced in this unit.

Amended Tolerance Exemptions for Inerts (Except PIPS)

    1. PP IN-11012. (EPA-HQ-OPP-2017-0046). Dow AgroSciences, 9330
Zionsville Road, Indianapolis, IN 46268, requests to amend an exemption
from the requirement of a tolerance for residues of nicotinamide (CAS
Reg. No. 98-92-0) when used as a pesticide inert ingredient in
pesticide formulations under 40 CFR 180.920 to increase the limitation
of concentration of nicotinamide in pesticide formulations from 0.5% to
5.0%. The petitioner believes no analytical method is needed because it
is not required for an

exemption from the requirement of a tolerance. Contact: RD.
    2. PP IN-10990. (EPA-HQ-OPP-2016-0755). Spring Trading Company, 203
Dogwood Trail, Magnolia, TX 77354 on behalf of Sasol Chemicals (USA),
12120 Wickchester Lane, Houston, TX 77079, requests to amend an
exemption from the requirement of a tolerance under 40 CFR 180.960 for
residues of [alpha]-alkyl-[omega]- hydroxypoly (oxypropylene) and/or
poly (oxyethylene) polymers where the alkyl chain contains a minimum of
six carbons and a minimum number-average molecular weight of 1,000 when
used as an inert ingredient in pesticide formulations to include
poly(oxy-1,2-ethanediyl), [alpha]-isooctyl-[omega]-hydroxy (CAS Reg.
No. 61723-78-2). The petitioner believes no analytical method is needed
because it is not required for an exemption from the requirement of a
tolerance. Contact: RD.

Amended Tolerances for Non-Inerts

    1. PP 6E8528. EPA-HQ-OPP-2017-0035. IR-4 Project Headquarters, 500
College Road East, Suite 201W, Princeton, New Jersey 08540, requests to
amend tolerances in 40 CFR part 180.431 for residues of the herbicide
clopyralid by removing the established tolerances for residues of the
herbicide clopyralid (3,6-dichloro-2-pyridinecarboxylic acid),
including its metabolites and degradates, from its application in the
acid form or in the form of its salts, to be determined by measuring
only clopyralid in or on raw agricultural commodities: Apple at 0.05
ppm, Asparagus at 1.0 ppm, Beet, garden tops at 3.0 ppm, Beet, sugar,
tops at 3.0 ppm, Brassica, head and stem, subgroup 5A at 2.0 ppm,
Brassica, leafy greens, subgroup 5B at 5.0 ppm, Cranberry at 4.0 ppm,
Fruit, stone, group 12 at 0.5 ppm, Strawberry at 4.0 ppm, Turnip,
greens at 4.0 ppm and Canola, seed at 3.0 ppm, upon establishment of
``New Tolerances'' petition-for under PP 6E8528 mentioned above. Gas
chromatography/electron-capture detection (GC/ECD) method is available
in The Pesticide Analytical Manual Vol. II to enforce the tolerance
expression for clopyralid in plant commodities. Contact RD.
    2. PP 6E8532. (EPA-HQ-OPP-2017-0072). Interregional Research
Project No. 4, IR-4, Rutgers, The State University of New Jersey, 500
College Road East, Suite 201-W, Princeton, NJ 08540, requests to amend
the tolerances in 40 CFR 180.498 for residues of sulfentrazone (N-[2,4-
dichloro-5-[4-(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H-1,2,4-
triazol-1-yl]phenyl]methanesulfonamide) and its metabolites HMS (N-
(2,4-dichloro-5-(4-(difluoromethyl)-4,5-dihydro-3-hydroxymethyl-5-oxo-
1H-1,2,4-triazol-1-yl)phenyl)methanesulfonamide) and DMS (N-(2,4-
dichloro-5-(4-(difluoromethyl)-4,5-dihydro-5-oxo-1H-1,2,4-triazol-1-
yl)phenyl)methanesulfonamide, calculated as the stoichiometric
equivalent of sulfentrazone by removing the tolerances for Asparagus at
0.15 ppm; Brassica, head and stem, subgroup 5A at 0.20 ppm; Brassica,
leafy greens, subgroup 5B at 0.40 ppm; Nut, tree, group 14 at 0.15 ppm;
Pistachio at 0.15 ppm; and Turnip, tops at 0.60 ppm. The analytical
enforcement method for sulfentrazone was used with minor modification
that eliminated several clean-up and derivatization steps that was
required for GC/MSD but not for LC/MS/MS. The analytical method for
sulfentrazone involves separate analyses for parent and its
metabolites. The parent is analyzed by evaporation and reconstitution
of the sample prior to analysis by LC/MS/MS GC/ECD. The metabolites
samples were refluxed in the presence of acid and cleaned up with solid
phase extraction prior to analysis by LC/MS/MS. Contact: RD.
    3. PP 7F8543. EPA-HQ-OPP-2017-0156. Nichino America, Inc., 4550 New
Linden Hill Road, Suite 501, Wilmington, DE 19808-2951, requests to
amend the existing citrus fruits (crop group 10-10) tolerances in 40
CFR part 180.675 for residues of the insecticide tolfenpyrad as
follows: (1) Reduce the established tolerance for the citrus fruit RAC
from 1.5 to 0.9 parts per million (ppm); (2) reduce the established
tolerance for dried citrus pulp from 8.0 to 3.0 ppm; (3) reduce the
established tolerance for citrus oil from 70 to 27 ppm; and (4) reduce
the PHI of 14 days to a PHI of 3 days. An acceptable high performance
liquid chromatography method with tandem mass spectrometry detection
(LC/MS/MS) for enforcement of tolfenpyrad residue tolerances in/on
plant commodities exists. The method limit of quantification is 0.01
ppm. The method for plant commodities has been adequately validated and
has undergone acceptable independent laboratory validation (ILV). An
acceptable LC/MS/MS method also exists for determining residues of
tolfenpyrad and its metabolites, PT-CA, OH-PT-CA, and PCA in milk,
bovine meat, kidney, liver and fat. The method for livestock
commodities has been adequately validated and has undergone acceptable
ILV. Acceptable multiresidue methods test data have been submitted for
tolfenpyrad per se. The data indicate that the PAM multiresidue methods
are not suitable for determination of tolfenpyrad. Metabolite PT-CA is
the major residue in livestock matrices and has been identified as a
residue of concern for tolerance enforcement in livestock commodities.
This metabolite was not tested through the appropriate FDA multiresidue
PAM I method; however, based on the structural similarity between
tolfenpyrad and PT-CA, it is anticipated that the multiresidue method
protocols would not be suitable for analysis of PT-CA. Contact: RD.

New Tolerance Exemptions for Inerts (Except PIPS)

    1. PP IN-11003. (EPA-HQ-OPP-2017-0108) Seppic, Inc., 302 Bridges Rd
#210, Fairfield, NJ 07004, requests to establish an exemption from the
requirement of a tolerance for residues of fatty acids, rape-oil,
triesters with polyethylene glycol either with glycerol (3:1) (CAS Reg.
No. 688045-21-8) as an inert ingredient in pesticide formulations under
40 CFR 180.960. The petitioner believes no analytical method is needed
because it is not required for an exemption from the requirement of a
tolerance. Contact: RD.
    2. PP IN-11014. (EPA-HQ-OPP-2017-0084). SciReg, Inc., 12733
Director's Loop, Woodbridge, VA 22192 on behalf of Solvay USA Inc, 504
Carnegie Center, Princeton, NJ 08540, requests to establish an
exemption from the requirement of a tolerance in 40 CFR 180.920 for
residues of acetic acid, 2-ethylhexyl ester (CAS Reg. No. 103-09-3)
when used as an inert ingredient (solvent/cosolvent) at a concentration
of not more than 50% by weight in pesticide formulations applied to
growing crops only under 40 CFR 180.920. The petitioner believes no
analytical method is needed because it is not required for an exemption
from the requirement of a tolerance. Contact: RD.
    3. PP IN-11024. (EPA-HQ-OPP-2017-0103). SciReg. Inc., 12733
Director's Loop, Woodbridge, VA 22192, on behalf of Solvay USA Inc.,
504 Carnegie Center, Princeton, NJ 08540, requests to establish an
exemption from the requirement of a tolerance for residues of 2,2-
dimethyl-1,3-dioxolane-4-methanol (CAS Reg. No. 100-79-8) when used as
an inert ingredient (solvent/cosolvent) in pesticide formulations
applied to growing crops, raw agricultural commodities after harvest,
and for use in antimicrobial food contact surface sanitizing solutions
under 40 CFR 180.910 and 40 CFR 180.940, respectively. The petitioner
believes no analytical method is needed because it is not required for
an

exemption from the requirement of a tolerance. Contact: RD

New Tolerances for Non-Inerts

    1. PP 6E8524. (EPA-HQ-OPP-2016-0681). Gowan Company, P.O. Box 5569,
Yuma, AZ 85366-5569, requests to establish a tolerance in 40 CFR part
180 for residues of the fungicide, zoxamide, in or on banana at 0.3
parts per million (ppm). The gas chromatography with mass selective
detection is used to measure and evaluate the chemical Zoxamide, 3,5-
dichloro-N-(3-chloro-1-ethyl-1-methyl-2-oxopropyl)-4-methylbenzamide.
Contact: RD.
    2. PP 6E8528. EPA-HQ-OPP-2017-0035. Interregional Research Project
Number 4 (IR-4), IR-4 Project Headquarters, 500 College Road East,
Suite 201W, Princeton, New Jersey 08540, requests to establish
tolerances in 40 CFR part 180 for residues of the herbicide clopyralid
(3,6-dichloro-2-pyridinecarboxylic acid), including its metabolites and
degradates, from its application in the acid form or in the form of its
salts, to be determined by measuring only clopyralid in or on the raw
agricultural commodities: Berry, low growing, subgroup 13-07G at 4.0
parts per million (ppm), Berry, low growing, except strawberry,
subgroup 13-07H at 4.0 ppm, Brassica, leafy greens, subgroup 4-16B at
5.0 ppm, Fruit, pome, group 11-10 at 0.05 ppm, Fruit, stone, group 12-
12 at 0.5 ppm, Radish, roots at 0.3 ppm, Stalk and stem vegetable
subgroup 22A at 1.0 ppm, Vegetable, brassica, head and stem, group 5-16
at 2.0 ppm, and Vegetable, leaves of root and tuber, group 2 at 5.0
ppm. Gas chromatography/electron-capture detection (GC/ECD) method is
available in The Pesticide Analytical Manual Vol. II to enforce the
tolerance expression for clopyralid in plant commodities. Contact RD.
    3. PP 6E8532. (EPA-HQ-OPP-2017-0072). Interregional Research
Project No. 4, IR-4, Rutgers, The State University of New Jersey, 500
College Road East, Suite 201-W, Princeton, NJ 08540, requests to
establish tolerances in 40 CFR part 180 for residues of sulfentrazone
(N-[2,4-dichloro-5-[4-(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H-
1,2,4-triazol-1-yl]phenyl]methanesulfonamide) and its metabolites HMS
(N-(2,4-dichloro-5-(4-(difluoromethyl)-4,5-dihydro-3-hydroxymethyl-5-
oxo-1H-1,2,4-triazol-1-yl)phenyl)methanesulfonamide) and DMS (N-(2,4-
dichloro-5-(4-(difluoromethyl)-4,5-dihydro-5-oxo-1H-1,2,4-triazol-1-
yl)phenyl)methanesulfonamide, calculated as the stoichiometric
equivalent of sulfentrazone in or on the raw agricultural commodities
Chia, dry seed at 0.15 parts per million (ppm); Teff, forage at 0.50
ppm; Teff, grain at 0.15 ppm; Teff, hay at 0.30 ppm; Teff, straw at 1.5
ppm; Stalk and stem vegetable subgroup 22A at 0.15 ppm; Vegetable,
brassica, head and stem, group 5-16 at 0.20 ppm; Brassica, leafy
greens, subgroup 4-16B at 0.60 ppm; and Nut, tree, group 14-12 at 0.15
ppm). The analytical enforcement method for sulfentrazone was used with
minor modification that eliminated several clean-up and derivatization
steps that was required for GC/MSD but not for LC/MS/MS. The analytical
method for sulfentrazone involves separate analyses for parent and its
metabolites. The parent is analyzed by evaporation and reconstitution
of the sample prior to analysis by LC/MS/MS GC/ECD. The metabolites
samples were refluxed in the presence of acid and cleaned up with solid
phase extraction prior to analysis by LC/MS/MS. Contact: RD.
    4. PP 6E8539. (EPA-HQ-OPP-2017-0089). Interregional Research
Project Number 4 (IR-4), Rutgers, The State University of New Jersey,
500 College Road East, Suite 201 W, Princeton, NJ 08540, requests to
establish tolerances in 40 CFR part 180. 337 for residues of the
fungicide/bactericide Oxytetracycline (4S,4aR,5S,5aR,6S,12aS)-4-
(dimethylamino)-1,4,4a,5,5a,6,11,12a-octahydro-3,5,6,10,12,12a-
hexahydroxy-6-methyl-1,11-dioxo-2-naphthacenecarboxamide in or on
Cherry, sweet at 0.1 parts per million (ppm) and Cherry, tart at 0.1
ppm. The Liquid Chromatography/Mass Spectrometry (LC/MS/MS) is used to
measure and evaluate the chemical residues. Contact: RD.
    5. PP 7E8545. (EPA-HQ-OPP-2017-0109). Syngenta Crop Protection,
LLC, 410 Swing Road, P.O. Box 18300, Greensboro, NC 27419-8300,
requests on behalf of Winfield Solutions, LLC, to establish an import
tolerance in 40 CFR part 180 for residues of the insecticide,
pirimiphos-methyl in or on wheat gluten at 0.1 parts per million (ppm).
Gas chromatography method with flame photometric detection (GC-FPD) is
used to measure and evaluate the chemical pirimiphos-methyl. Contact:
RD.
    6. PP 6F8489. EPA-HQ-OPP-2017-0155. Gowan Company, P.O. Box 5569,
Yuma, AZ 85366-5569, requests to establish tolerances in 40 CFR part
180.448 for residues of the insecticide hexythiazox, in or on hops at
20 parts per million (ppm). The basic analytical method was previously
reviewed by the Agency in association with the establishment of the
current tolerances with registrations of multiple commodities. The
methods used in a new hops raw agricultural commodities study are
described fully in the study report, which is submitted concurrently
with this petition. Contact: RD.
    7. PP 6F8536. (EPA-HQ-OPP-2017-0095). E.I. du Pont de Nemours and
Company, 974 Centre Road, Wilmington, Delaware 19805, requests to
establish a tolerance in 40 CFR part 180 for residues of the
insecticide indoxacarb in or on corn, field, forage at 10 parts per
million (ppm); corn, field, grain at 0.02 ppm; corn, field, stover at
15 ppm; corn, field, aspirated grain fractions at 45 ppm; corn, field,
flour at 0.07 ppm; corn, field, meal at 0.03 ppm; corn, field, oil at
0.05 ppm. The LC-MS/MS analytical method is used to measure and
evaluate the chemical on the various corn commodities. Contact: RD.
    8. PP 7F8544. EPA-HQ-OPP-2017-0156. Nichino America, Inc., 4550 New
Linden Hill Road, Suite 501, Wilmington, DE 19808-2951, requests to
establish tolerances in 40 CFR part 180.675 for residues of the
insecticide tolfenpyrad, in or on Brassica, head and stem vegetables,
crop group 5-16 at 5 parts per million (ppm); Brassica, leafy greens,
subgroup 4-16B at 40 ppm; Vegetables, cucurbit, crop group 9 at 0.7
ppm; Vegetables, fruiting, crop group 8-10 at 0.7 ppm; Fruit, pome,
crop group 11-10 at 0.7 ppm; Apple, wet pomace, at 2.5 ppm; Fruit,
citrus, crop group 10-10 at 0.9 ppm; Citrus, dried pulp at 3.0 ppm; and
Citrus, oil at 28 ppm. An acceptable high performance liquid
chromatography method with tandem mass spectrometry detection (LC/MS/
MS) for enforcement of tolfenpyrad residue tolerances in/on plant
commodities exists. The method limit of quantification is 0.01 ppm. The
method for plant commodities has been adequately validated and has
undergone acceptable independent laboratory validation (ILV). An
acceptable LC/MS/MS method also exists for determining residues of
tolfenpyrad and its metabolites, PT-CA, OH-PT-CA, and PCA in milk,
bovine meat, kidney, liver and fat. The method for livestock
commodities has been adequately validated and has undergone acceptable
ILV. Acceptable multiresidue methods test data have been submitted for
tolfenpyrad per se. The data indicate that the PAM multiresidue methods
are not suitable for determination of tolfenpyrad. Metabolite PT-CA is
the major residue in livestock matrices and has been identified as a
residue of concern for tolerance enforcement in livestock commodities.
This metabolite was not tested through the appropriate FDA multiresidue
PAM I method;

however, based on the structural similarity between tolfenpyrad and PT-
CA, it is anticipated that the multiresidue method protocols would not
be suitable for analysis of PT-CA. Contact: RD.
    9. PP 6E8450. (EPA-HQ-OPP-2016-0519). Interregional Research
Project No. 4 (IR-4) Project Headquarters, Rutgers, The State
University of New Jersey, 500 College Road East, Suite 201W, Princeton,
NJ 08540, requests to establish tolerances in 40 CFR part 180.614 for
residues of the bactericide, Kasugamycin, (3-O-[2-amino-4-
[(carboxyimino-methyl)amino]-2,3,4,6-tetradeoxy-[alpha]-D-arabino-
hexopyranosyl]-D-chiro-inositol) in or on Fruit, stone, subgroup 12-12A
at 0.6 parts per million (ppm) and Walnut at 0.04 ppm. The Analytical
Method, Meth-146, Revision #4 is used to measure and evaluate the
chemical kasugamycin. Contact: RD.

New Tolerance Exemptions for Non-Inerts (Except PIPS)

    PP 6F8520. (EPA-HQ-OPP-2017-0080). Monsanto Company, 1300 I (Eye)
St. NW., Suite 450 East, Washington, DC 20005, requests to establish an
exemption from the requirement of a tolerance in 40 CFR part 180 for
residues of the plant growth regulator LCO SP104: D-Glucose,O-2-deoxy-
2-[[(11Z)-1-oxo-11-octadecen-1-yl]amino]-[beta]-D-glucopyranosyl-
(1[rarr]4)-O-2-(acetylamino)-2-deoxy-[beta]-D-glucopyranosyl-
(1[rarr]4)-O-2-(acetylamino)-2-deoxy-[beta]-D-glucopyranosyl-
(1[rarr]4)-O-2-(acetylamino)- 2-deoxy-[beta]-D-glucopyranosyl-
(1[rarr]4)-2-(acetylamino)-2-deoxy- in or on raw agricultural
commodities and processed foods. The petitioner believes no analytical
method is needed because analytical methods normally utilized for
detection of compounds in crop plants are incapable of quantifying the
negligible levels of LCO SP104 that are predicted to be presented in
raw or processed agricultural commodities. Even in the unlikely event
that dietary exposure does occur associated with the requested uses,
the demonstrated favorable toxicological profile for LCO SP104 does not
present a potential hazard for humans or the environment. Contact:
BPPD.

New Tolerance Exemptions for PIPS

    1. PP 6F8541. (EPA-HQ-OPP-2017-0113). Bayer CropScience LP, 2 T.W.
Alexander Dr., Research Triangle Park, NC 27709, requests to establish
an exemption from the requirement of a tolerance in 40 CFR part 174 for
residues of the plant-incorporated protectant (PIP) Bacillus
thuringiensis Cry14Ab-1 protein in or on soybean. The petitioner
believes no analytical method is needed because this petition is for a
temporary exemption from the requirement of a tolerance without
numerical limitation; thus, an analytical method should not be
required. Contact: BPPD.
    2. PP IN-11022 (EPA-HQ-OPP-2017-0115). Bayer CropScience LP, 2 T.W.
Alexander Dr., Research Triangle Park, NC 27709, requests to establish
an exemption from the requirement of a tolerance in 40 CFR part 174 for
residues of the plant-incorporated protectant (PIP) inert ingredient 4-
hydroxyphenyl pyruvate deoxygenase (HPPD-4) in or on all food
commodities. The petitioner believes no analytical method is needed
because this petition is for a temporary exemption from the requirement
of a tolerance without numerical limitation; thus, an analytical method
should not be required. Contact: BPPD.

    Authority: 21 U.S.C. 346a.

     Dated: April 27, 2017.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Pesticide Programs.
[FR Doc. 2017-11927 Filed 6-7-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: September 23, 2009 (Volume 74, Number 183)]
[Notices]
[Page 48535-48536]
[DOCID:fr23se09-49]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0167; FRL-8435-8]

Bromine; Antimicrobial Registration Review Final Work Plan and
Proposed Registration Review Decision; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's final work
plan and proposed registration review decision for the pesticide
bromine and opens a public comment period on the proposed decision.
Registration review is EPA's periodic review of pesticide registrations
to ensure that each pesticide continues to satisfy the statutory
standard for registration, that is, that the pesticide can perform its
intended function without unreasonable adverse effects on human health
or the environment. Through this program, EPA is ensuring that each
pesticide's registration is based on current scientific and other
knowledge, including its effects on human health and the environment.

DATES: Comments must be received on or before November 23, 2009.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0167, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket identification (ID)
number EPA-HQ-OPP-2009-0167. EPA's policy is that all comments received
will be included in the docket without change and may be made available
on-line at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
regulations.gov or e-mail. The regulations.gov website is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the docket and made available on the Internet. If you submit
an electronic comment, EPA recommends that you include your name and
other contact information in the body of your comment and with any disk
or CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For pesticide-specific information,
contact: K. Avivah Jakob, Chemical Review Manager, Antimicrobials
Division (7510P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>    For general information on the registration review program,
contact: Lance Wormell, Antimicrobials Division (7510P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>;
fax number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, farm worker, and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. Since others also may be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the chemical review manager listed under FOR FURTHER
INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions

or organize comments by referencing a Code of Federal Regulations (CFR)
part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

A. What Action is the Agency Taking?

    Pursuant to 40 CFR 155.58, this notice announces the availability
of EPA's proposed registration review decision for the pesticide
bromine (Bromine Case 4015), and opens a 60-day public comment period
on the proposed decision. Bromine is a bromide releasing antimicrobial
pesticide that is registered as a mildewstat, bactericide, fungistat
and insecticide. Bromine is used to control bacteria and fungi on
surfaces of agricultural, commercial, institutional, industrial,
residential, and public access premises and equipment. It is also used
to treat/disinfect potable water in non-residential settings, aboard
ships and on oil and gas drilling/production platforms. In addition,
bromine is characterized by low toxicity and is found in nature.
    The registration review docket for a pesticide includes earlier
documents related to the registration review of the case. For example,
the review opened with the posting of a Summary Document, containing a
Preliminary Work Plan, for public comment. Because no comments were
received, and because the Agency required no further risk assessments
to complete registration review of this case, the final work plan and
proposed decision were combined into a single document.
    The documents in the initial docket described the Agency's
rationales for not conducting additional risk assessments for the
registration review of bromine. This proposed registration review
decision continues to be supported by those rationales included in
documents in the initial docket. Following public comment, the Agency
will issue a final registration review decision for products containing
bromine.
    The registration review program is being conducted under
congressionally mandated time frames, and EPA recognizes the need both
to make timely decisions and to involve the public. Section 3(g) of the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as
amended, required EPA to establish by regulation procedures for
reviewing pesticide registrations, originally with a goal of reviewing
each pesticide's registration every 15 years to ensure that a pesticide
continues to meet the FIFRA standard for registration. The Agency's
final rule to implement this program was issued in August 2006 and
became effective in October 2006, and appears at 40 CFR part 155,
subpart C. The Pesticide Registration Improvement Act of 2003 (PRIA)
was amended and extended in September 2007. FIFRA, as amended by PRIA
in 2007, requires EPA to complete registration review decisions by
October 1, 2022, for all pesticides registered as of October 1, 2007.
    The registration review final rule at 40 CFR 155.58(a) provides for
a minimum 60-day public comment period on all proposed registration
review decisions. This comment period is intended to provide an
opportunity for public input and a mechanism for initiating any
necessary amendments to the proposed decision. All comments should be
submitted using the methods in ADDRESSES, and must be received by EPA
on or before the closing date. These comments will become part of the
docket for bromine. Comments received after the close of the comment
period will be marked ``late.'' EPA is not required to consider these
late comments.
    The Agency will carefully consider all comments received by the
closing date and will provide a ``Response to Comments Memorandum'' in
the docket. The final registration review decision will explain the
effect that any comments had on the decision and provide the Agency's
response to significant comments.
    Background on the registration review program is provided at:
http://www.epa.gov/oppsrrd1/registration_review. Links to earlier
documents related to the registration review of bromine are provided
at: http://www.epa.gov/oppsrrd1/registration_review/bromine/index.htm

B. What is the Agency's Authority for Taking this Action?

    Section 3(g) of FIFRA and 40 CFR part 155, subpart C, provide
authority for this action.

List of Subjects

    Environmental protection, Administrative practice and procedure,
Antimicrobials, Bromine, Pesticides and pests.

    Dated: September 11, 2009.
 Joan Harrigan Farrelly,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. E9-22621 Filed 9-22-09; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)]
[Notices]
[Page 85580]
[FR Doc No: 2016-28452]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0769]

Notice of Listing of Members of the Food and Drug
Administration's Performance Review Board

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the names
of the members who will serve on its Performance Review Board (PRB).
The purpose of the PRB is to provide fair and impartial review of
senior executive service (SES), senior professional and Title 42 SES
Equivalents performance appraisals, bonus recommendations, and pay
adjustments.

DATES: Effective November 7, 2016.

FOR FURTHER INFORMATION CONTACT: Abu Sesay, Office of Human Resources
Executive and Resources Management Staff, Food and Drug Administration,
Three White Flint North, 05D04, 11601 Landsdown St., North Bethesda, MD
20852,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This action is being taken pursuant to 5
U.S.C. 4314(c)(4), which requires that members of performance review
boards be appointed in a manner to ensure consistency, stability, and
objectivity in performance appraisals and requires that notice of the
appointment of an individual to serve as a member be published in the
Federal Register.
    The following persons will serve on FDA's Performance Review Board,
which oversees the evaluation of performance appraisals of FDA's senior
executives: James Sigg, PRB Chair and member; Tania Tse, PRB
Officiator; Glenda Barfell; Vincent Bunning; Mary Beth Clarke; Tracey
Forfa; Leslie Kux; Deanna Murphy; Lynne Rice; and Richard Turman.

    Dated: November 21, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-28452 Filed 11-25-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Notices]
[Pages 73614-73615]
[FR Doc No: 2011-30678]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 14260-000; 14264-000; 14267-000; 14273-000]

Lock Hydro Friends Fund XII; BOST2 LLC; Riverbank Hydro No. 21
LLC; FFP Project 96 LLC; Notice of Competing Preliminary Permit
Applications Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On September 1, 2011, Lock Hydro Friends Fund XII (Lock Hydro),
BOST2 LLC (BOST2), Riverbank Hydro No. 21 LLC (Riverbank), and FFP
Project 96 LLC (FFP 96) filed preliminary permit applications, pursuant
to section 4(f) of the Federal Power Act, proposing to study the
feasibility of a hydropower project at the U.S. Army Corps of
Engineers' (Corps) A. I. Selden Lock & Dam, located on the Black
Warrior River in Green and Hale Counties, Alabama. The sole purpose of
a preliminary permit, if issued, is to grant the permit holder priority
to file a license application during the permit term. A preliminary
permit does not authorize the permit holder to perform any land-
disturbing activities or otherwise enter upon lands or waters owned by
others without the owners' express permission.
    Lock Hydro's Project No. 14260-000 would consist of: (1) One lock
frame module, the frame module will be placed in a new conduit and
contain five generating units with a total combined capacity of 10.0
megawatts (MW); (2) a new switchyard containing a transformer; and (3)
a proposed 2.3-mile-long, 34.5 kilo-volt (kV) transmission line to an
existing power line. The proposed project would have an average annual
generation of 52.560 GWh, and operate run-of-river utilizing surplus
water from the A. I. Selden Lock & Dam, as directed by the Corps.
    Applicant Contact: Mr. Wayne F. Krouse, Hydro Green Energy, 5090
Richmond Avenue 390, Houston, TX 77056.<PHONE_NUMBER>.
    BOST2's Project No. 14264-000 would consist of: (1) A 250-foot-
long, 100-foot-wide headrace channel; (2) a

powerhouse containing two generating units with a total capacity of
18.0 MW; (3) a 275-foot-long, 100-foot-wide tailrace; (4) a 3.0-mile-
long, 34.0 kV transmission line. The proposed project would have an
average annual generation of 87.0 GWh, and operate run-of-river
utilizing surplus water from the A. I. Selden Lock & Dam, as directed
by the Corps.
    Applicant Contact: Mr. Douglas Spaulding, Nelson Energy LLC, 8441
Wayzata Blvd., Suite 101, Golden Valley, MN 55426.<PHONE_NUMBER>.
    Riverbank's Project No. 14267-000 would consist of: (1) A forebay;
(2) an intake structure; (3) a powerhouse containing two generating
units with a total capacity of 10.7 MW; (4) a tailrace structure; and
(5) a 3.0-mile-long, 46 KV transmission line. The project would have an
estimated average annual generation of 41.4 gigawatt-hours (GWh), and
operate run-of-river utilizing surplus water from the A. I. Selden Lock
& Dam, as directed by the Corps.
    Applicant Contact: Mr. Vincent Lamarra, Riverbank Power USA, 975
South State Highway 89/91, Logan, UT 84321.<PHONE_NUMBER>.
    FFP 96's Project No. 14273-000 would consist of: (1) An 380-foot-
long, 90-foot-wide approach channel; (2) a powerhouse, located on the
northwest side of the dam, containing two generating units with a total
capacity of 15.2 MW; (3) a 340-foot-long, 130-foot-wide tailrace; (4) a
4.16/115 KV substation; and (5) a 2.9-mile-long, 115 kV transmission
line. The proposed project would have an average annual generation of
60.7 GWh, and operate run-of-river utilizing surplus water from the A.
I. Selden Lock & Dam, as directed by the Corps.
    Applicant Contact: Ms. Ramya Swaminathan, Free Flow Power Corp.,
239 Causeway Street, Suite 300, Boston, MA 02114.<PHONE_NUMBER>.
    FERC Contact: Michael Spencer<EMAIL_ADDRESS>(202) 502-
6093.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support. Although the Commission strongly encourages electronic filing,
documents may also be paper-filed. To paper-file, mail an original and
seven copies to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14260-000, P-14264-000, 14267-000, or P-
14273-000) in the docket number field to access the document. For
assistance, contact FERC Online Support.

    Dated: November 22, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-30678 Filed 11-28-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 161 (Wednesday, August 19, 2020)]
[Notices]
[Pages 51042-51043]
[FR Doc No: 2020-18061]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4510-DR; Docket ID FEMA-2020-0001]

Hawaii; Amendment No. 1 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, Homeland Security (DHS).

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Hawaii (FEMA-4510-DR), dated April 1, 2020, and
related determinations.

DATES: This amendment was issued July 27, 2020.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Hawaii is hereby amended to include Individual
Assistance limited to the Crisis Counseling Program for those areas
determined to have been adversely affected by the event declared a
major disaster by the President in his declaration of April 1, 2020.

    Individual Assistance limited to the Crisis Counseling Program
for all areas in the State of Hawaii (already designated for
emergency protective measures [Category B] not authorized under
other Federal statutes, including direct Federal assistance).

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-18061 Filed 8-18-20; 8:45 am]
BILLING CODE 9111-23-P


Attachment J

CY 2010 National Office Award Recipients

Field Federal Safety and Health Councils (FFSHC)

Category I:  FFSHCs serving an area with a Federal employee population of more than 24,000

Award Level	Chapter Recipient

Superior Performance

Meritorious Achievement

Meritorious Achievement

Notable Recognition

Notable Recognition

	Southern New Jersey

South Florida

Dallas/Fort Worth

Northern New Jersey

San Francisco Bay Area

Category II:  FFSHCs serving an area with a Federal employee population between 12,000 & 24,000.

Award Level	Chapter Recipient

Superior Performance	Western New York

Meritorious Achievement	Greater St. Louis

Notable Recognition

	Roadrunner Chapter

Category III:  FFSHCs serving an area with a Federal employee population of less than 12,000.

Award Level	Chapter Recipient

Superior Performance	Hudson Valley

Meritorious Achievement	Greater Omaha

Notable Recognition	Duluth/Superior


[Federal Register Volume 79, Number 182 (Friday, September 19, 2014)]
[Notices]
[Page 56351]
[FR Doc No: 2014-22391]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 3

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC14-143-000.
    Applicants: Iberdrola Arizona Renewables, LLC, Dry Lake Wind Power
II LLC.
    Description: Joint Application for Order Authorizing Acquisition
and Disposition of Jurisdictional Facilities Under Section 203 of the
Federal Power Act Grand Iberdrola Arizona Renewables, LLC, et. al.
    Filed Date: 9/12/14.
    Accession Number: 20140912-5158.
    Comments Due: 5 p.m. ET 10/3/14.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER14-2864-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii):
Revisions to the OATT & OA re Incremental Multi-Driver Project to be
effective 11/12/2014.
    Filed Date: 9/12/14.
    Accession Number: 20140912-5163.
    Comments Due: 5 p.m. ET 10/3/14.

    Docket Numbers: ER14-2865-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2014-
09-12 PRMR LCR Filing to be effective 11/11/2014..
    Filed Date: 9/12/14.
    Accession Number: 20140912-5169.
    Comments Due: 5 p.m. ET 10/3/14.

    Docket Numbers: ER14-2866-000.
    Applicants: Louisville Gas and Electric Company.
    Description: Compliance filing per 35: Filing to comply with Docket
No. EL1476000 to be effective 1/1/2015.
    Filed Date: 9/12/14.
    Accession Number: 20140912-5178.
    Comments Due: 5 p.m. ET 10/3/14.

    Docket Numbers: ER14-2867-000.
    Applicants: Baltimore Gas and Electric Company, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): PJM TOs
revisions to OATT Schedule 12 regarding multi driver projects to be
effective 11/12/2014.
    Filed Date: 9/12/14.
    Accession Number: 20140912-5179.
    Comments Due: 5 p.m. ET 10/3/14.

    Docket Numbers: ER14-2868-000.
    Applicants: Portland General Electric Company.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 7th
Amend Boardman Agreement to be effective 11/1/2014.
    Filed Date: 9/12/14.
    Accession Number: 20140912-5182.
    Comments Due: 5 p.m. ET 10/3/14.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES14-53-000.
    Applicants: Kansas City Power & Light Company.
    Description: Kansas City Power & Light Company Application for
Authorization of Issuance of Short-Term Debt Securities Under Section
204 of the Federal Power Act.
    Filed Date: 9/12/14.
    Accession Number: 20140912-5154.
    Comments Due: 5 p.m. ET 10/3/14.

The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 12, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-22391 Filed 9-18-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: April 24, 2008 (Volume 73, Number 80)]
[Notices]
[Page 22194-22199]
[DOCID:fr24ap08-91]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57688; File No. SR-NYSE-2008-30]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
and Amendment No. 1 Thereto To Amend Exchange Rule 13 (Definitions of
Orders) To Add a New Order Type To Be Known as a Reserve Order and To
Amend Exchange Rule 70 (Bids and Offers)

April 18, 2008.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on April 14, 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 substantially prepared by the NYSE. The
NYSE has designated the proposed rule change as a ``non-controversial''
rule change pursuant to section 19(b)(3)(A) of the Act \3\ and Rule

19b-4(f)(6) thereunder,\4\ which renders the proposed rule change
effective upon filing with the Commission. On April 18, 2008, NYSE
filed Amendment No. 1 to the proposed rule change. The Commission is
publishing this notice to solicit comments on the proposed rule change,
as amended, from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange is proposing to amend NYSE Rule 13 (Definitions of
Orders) to extend to off-Floor participants the ability to directly
enter orders that use reserve functionality (``Reserve Order''), an
ability currently available only to Exchange Floor brokers and
specialists. The Exchange intends to institute this new order type in
100 Exchange-listed securities traded on the Exchange as a pilot
program that would last up to six months beginning in the second
quarter of 2008. The Exchange also proposes to amend NYSE Rule 70 (Bids
and Offers) to allow Floor broker agency interest excluded from the
aggregated agency interest information available to the specialist to
participate in manual executions. The text of the proposed rule change
is available at http://www.nyse.com, NYSE's principal office, and the
Commission's Public Reference Room.

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

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

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

1. Purpose
    In this filing, the Exchange proposes to amend NYSE Rule 13 to
adopt a new order type available to all market participants to be known
as a Reserve Order. The Exchange proposes to implement this order type
in a pilot program that will be established in two phases. The instant
filing seeks to establish Phase 1 of the Reserve Order type. The
Exchange will submit a separate filing to the Commission at a later
date in order to establish Phase 2 of the Reserve Order. The Exchange
states that, in Phase 2, it intends to propose to initiate a second
Reserve Order type that does not require any displayed quantity and
therefore will not be eligible for manual executions or have any
portion of the order published in NYSE OpenBook[supreg].\5\
---------------------------------------------------------------------------

    \5\ NYSE OpenBook[supreg] provides aggregate limit order volume
that has been entered on the Exchange at price points for all NYSE-
traded securities.
---------------------------------------------------------------------------

    In connection with the adoption of the Reserve Order type, the
Exchange further proposes to amend NYSE Rule 70 \6\ to allow Floor
broker agency interest excluded from the aggregated agency interest
information made available to the specialist to be able to participate
in manual executions. This will have the effect of placing reserve
interest of Floor brokers and reserve interest entered from off-Floor
on an equal footing.
---------------------------------------------------------------------------

    \6\ See proposed amendment to NYSE Rule 70.20(k).
---------------------------------------------------------------------------

Reserve Orders
    In Phase 1, the NYSE seeks to provide customers with the ability to
directly enter orders that use reserve functionality, an ability
currently available only to Exchange Floor brokers \7\ and
specialists.\8\ The Reserve Order will allow all market participants to
maintain non-displayed liquidity on the Exchange's Display Book
system[supreg] (``Display Book'') for execution.\9\ The Exchange
intends to institute this new order type in 100 Exchange-listed
securities as a pilot to end no later than the earlier of September 30,
2008 or Commission approval of a proposed rule change to make the
instant pilot permanent for all securities (``Reserve Order Pilot'').
The Exchange states that a list of the 100 securities proposed for
participation in the pilot will be available on the NYSE Web site
(http://www.nyse.com).
---------------------------------------------------------------------------

    \7\ See NYSE Rule 70.20(c)(ii).
    \8\ See NYSE Rule 104(d)(i).
    \9\ The Display Book[supreg] system is an order management and
execution facility. The Display Book system receives and displays
orders to the specialists, contains the Book, and provides a
mechanism to execute and report transactions and publish the results
to the Consolidated Tape. The Display Book system is connected to a
number of other Exchange systems for the purposes of comparison,
surveillance, and reporting information to customers and other
market data and national market systems.
---------------------------------------------------------------------------

Current Ability to Use Reserve Function
    Currently, Floor brokers' interest may be represented
electronically by including these orders in a separate file, known as
the Floor broker agency interest file, within Display Book[supreg].
Floor brokers are permitted to place the liquidity representing
customer orders at or outside the best bid or offer on the Exchange
(``Exchange BBO''). Similarly, specialists have the ability to place in
a separate file, known as the specialist interest file, within Display
Book[supreg] their dealer interest at prices at or outside the Exchange
BBO. Pursuant to NYSE Rules 70.20(c)(ii) and 104(d)(i), some of the
interest in either of these files that is at the Exchange BBO may, at
the choice of the Floor broker or specialist, be non-displayed
interest. That is, the Floor broker or specialist may decide to hold
additional interest in ``reserve'' and not have it be part of the
published bid or offer. Both specialists and Floor brokers are required
to have a minimum of one round lot (which for most securities trading
on the Exchange is 100 shares) displayed (i.e., designated to be
published in the Exchange quote or ``displayable'') whenever their
interest is at the Exchange BBO. The specialist or Floor broker may
choose to display more than the required minimum. If an execution
occurs at the Exchange BBO that reduces the displayed amount below the
amount designated to be displayed, the displayed interest is
automatically replenished from the specialist's or Floor broker's
respective reserve interest. Reserve interest is eligible to
participate in automatic executions on the Exchange after displayed
interest on the same side of the market trades. Reserve Floor broker
and specialist interest participate on parity with each other when
trading with contra-side interest.
    The ability to have reserve interest was designed, in part, to
allow Floor brokers flexibility to determine the best way in which to
represent customer orders, especially larger customer orders. One way
in which they can do this is to decide what portion of customer
interest should be displayed based on the Floor broker's sense of the
market in a particular security. The reserve gives Floor brokers the
advantage of both auction market and automatic execution capability,
without the risk of missing the market.
    For specialists, the reserve function allows the possibility of
more liquidity at the best bid or offer price and facilitation of
single-price executions on behalf of customers.
    The Exchange notes that other market centers also utilize reserve
order types.\10\
---------------------------------------------------------------------------

    \10\ See, e.g., NASDAQ Rule 4751(f)(2), and NYSE Arca Equities
Rule 7.31(h)(3).

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

Proposed Reserve Order
    The proposed amendment to NYSE Rule 13 will create a Reserve Order
type that is a limit order for which a portion of the order is to be
displayed and a portion of the order, at the same price, is in
reserve.\11\ Market participants that choose to enter Reserve Orders
must enter specified order information in relation to the price and
size of the order and the amount to be displayed. The displayable
portion of a Reserve Order will be published in NYSE OpenBook[supreg]
and will be available to the specialist on the Floor. However, both the
displayable and the non-displayable portion will be unavailable to the
specialist's algorithm and therefore not eligible for price improvement
by the specialist. Such interest will be made available to the
specialist manually in certain situations, as discussed below. Both the
displayable and the non-displayable portions are available for
automatic execution against incoming contra-side orders.
---------------------------------------------------------------------------

    \11\ The Exchange represents that this functionality is
equivalent to the functionality currently available to Floor brokers
and specialists with respect to the entry of reserve interest. In
order for Floor brokers' reserve interest not to be visible by the
specialists, a Floor broker must designate his or her reserve
interest as ``Do Not Display'' interest. Reserve Orders in contrast
are never shown to the specialist except when included in aggregate
quantities for manual executions.
---------------------------------------------------------------------------

    Interest represented through Reserve Orders will trade according to
Exchange rules governing priority and parity.\12\ Under current
Exchange rules, the first bid or offer made at a particular price is
entitled to priority at that price.\13\ Once a trade occurs with a bid
or offer that has priority, other bids or offers at that price
representing customer orders (DOT orders) and Floor broker agency
interest files (e-Quotes and d-Quotes) trade on parity. Specialist
interest (s-Quotes) yields to DOT orders; once DOT orders are
satisfied, s-Quotes trade on parity with e-Quotes and d-Quotes.
---------------------------------------------------------------------------

    \12\ Reserve Orders will also be subject to federal securities
regulations, including the order entry requirements of Section 11(a)
of the Securities Exchange Act of 1934.
    \13\ See NYSE Rule 72 I(a) through (g). While a priority bid or
offer may be established it is usually broken by a ``Floor
clearing'' event. ``Floor clearing'' events include a trade or an
update of the NYSE quote. After such an event, all bids and offers
at the price are on parity.
---------------------------------------------------------------------------

    For example, assume that immediately following a Floor clearing
event, the bid on the Exchange is $20.05 for 1,000 shares, consisting
of a DOT order of 300 shares, Floor broker agency interest file (e-
Quote) volume of 400 shares representing interest of two Floor brokers
for 200 shares each, and specialist interest of 300 shares. This is all
displayed interest, i.e., there is no reserve interest involved. There
is no priority as all bids were reentered following the Floor clearing
event. An incoming market order to sell 400 shares is executed against
the DOT bid and the e-Quotes since the specialist interest (s-Quote)
must yield to DOT interest. If the incoming order had been for 800
shares, the DOT orders and Floor broker interest would be executed in
full and the specialist would receive 100 shares.
    The displayable portion of the Reserve Order interest will be
executed first in accordance with the above rules governing priority
and parity. Once all displayable interest, including DOT orders, e-
Quotes, d-Quotes, and s-Quotes that is quoted at the Exchange BBO has
been traded, any remainder of an incoming order will be executed
against any reserve, i.e., non-displayable interest at the Exchange
BBO. Such non-displayable interest trades on parity except that
specialist reserve interest at the Exchange BBO will yield to all DOT
Reserve and CAP orders. Outside the Exchange BBO, e-Quotes and d-Quotes
will trade with all interest represented by DOT orders, including DOT
Reserve Orders, both displayable (i.e., the interest that will be
published if such interest becomes the Exchange best bid or offer) and
non-displayable, on parity. Reserve interest represented by s-Quotes
outside the Exchange BBO will yield to reserve interest represented by
Reserve Orders and CAP orders. Within DOT orders, interest that would
be displayable will be allocated on a time priority basis. After
displayable DOT order interest is completely executed, any remaining
shares are allocated to eligible non-displayable Reserve Order interest
in time priority. Interest represented by a Floor broker is allocated
equally among the Floor broker's customers without regard to whether
that interest was displayable or non-displayable.
    To illustrate how this will work for a trade at the quote, assume
the same scenario as above, but in addition to the displayed interest
of 1,000 shares, there is reserve interest for the DOT order of 600
shares, 400 for each Floor broker (total of 800 shares) and 700 shares
for the specialist for a total of 2,100 shares in reserve. An incoming
order to sell 2,500 shares would be executed as follows:
     1,000 shares trade with the displayed bid and is allocated
300 shares to the DOT order, 200 shares to each Floor broker (400
shares total), and 300 shares to the specialist, leaving 1,500 shares
to be executed.
     The 1,500 remaining shares execute against the reserve
portion of the DOT Reserve Order (600 shares), and 400 shares of
reserve interest for each of the Floor brokers and 100 shares for the
specialist.
    A trade outside the quote will occur when the displayed and reserve
interest volume at the Exchange BBO is not sufficient to completely
fill the incoming contra side order. Assume the same condition exists
as in the second example, but the incoming order to sell is for 4,800
shares, thus out-sizing the displayed and non-displayed interest at the
bid by 1,700 shares. At the next bid price of 20.03, there is 400
shares of a DOT Reserve Order, of which 100 shares is displayable,
three Floor brokers using the reserve function bidding for 400 shares
each, with 100 shares displayable and 300 shares in reserve and 1,000
shares of specialist interest, 100 shares displayable and 900 shares in
reserve. After the execution at the bid price of 20.05, the execution
of the remaining 1,700 shares at 20.03 would be as follows:
     400 shares each to the DOT Reserve Order and the Floor
brokers, since they trade on parity with each other outside the
Exchange best bid (offer) for a total of 1,600 shares.
     100 shares to the specialist, since the DOT Reserve Order
was executed in full.
    If there had been additional volume in the DOT Reserve Order of 100
shares, the specialist would not have traded at all.
    Reserve Orders will have the ability to automatically replenish the
displayable amount of interest at the Exchange BBO when trades reduce
or exhaust such displayable interest; however, the Exchange proposes to
allow customers to determine the specific amount to be included as
displayable above a minimum requirement of one round lot. In this way
customers will have the flexibility to replenish liquidity that is in
keeping with the market need at the specific time and at that price
point. Moreover, if customers are able to display liquidity in keeping
with the current trading characteristics of the security, then there is
more incentive for them to use the reserve function and thus provide
additional liquidity to the market.
    When the displayable size of a Reserve Order is replenished from
reserve, the replenished displayable quantity will be assigned a time
sequence based on the time it is replenished. The remaining original
displayed quantity, if any, will retain its original time sequence.

Execution of Reserve Interest During a Manual Transaction
    While the majority of transactions on the Exchange are executed
electronically, there are times when manual execution is required. In
these situations, specialists seek information on the available
interest at various price points to determine the appropriate price at
which to complete the manual execution. As with reserve interest in a
Floor broker's agency interest file, information on reserve interest
entered directly into Exchange systems through Reserve Orders will be
made available to the specialist only in the aggregate at each price
point for the express purpose of the specialist effecting a manual
execution.\14\ The reserve interest is not distinguished from other
interest available to be executed at a specific price point. Rather,
Exchange systems display to the specialist the total number of shares
available for execution at the price point and include reserve interest
in the total number. In this manner such reserve interest will be
available for trades that take place on the Floor of the Exchange that
will not be conducted automatically. Such trades take place at the
opening and close of the Exchange, during the trading day in situations
involving auction market transactions that are not automatic trades,
and in certain specific trading situations, such as trades conducted
when a Liquidity Replenishment Point \15\ is reached after an automatic
execution or in a ``gap'' quote situation.
---------------------------------------------------------------------------

    \14\ As previously indicated, subject to Commission approval, in
Phase 2 customers will have a choice of whether to use a zero
display Reserve Order, which will not be eligible for execution in
manual trades.
    \15\ See NYSE Rule 1000(a)(iv) for a description of Liquidity
Replenishment Points and functionality surrounding automatic and
manual executions.
---------------------------------------------------------------------------

    Similarly, today, interest in the Floor broker agency interest file
is not publicly disseminated except for the amount of interest
designated by the Floor broker to be displayed when the interest is
priced at or becomes the Exchange best bid or offer. Any reserve
interest in the Floor broker agency interest file that is priced at or
becomes the Exchange best bid or offer is displayed to the specialist
on an aggregated basis along with any other interest that is available
at the same price. However, pursuant to NYSE Rule 70.20(g), a Floor
broker has the discretion to exclude his or her agency interest,
including any reserve interest at the best bid (offer), from the
aggregate information available to the specialist. At the present time,
however, Exchange systems are not enabled to provide this function. The
Exchange represents, however, that this functionality will be enabled
upon effectiveness of the instant filing.
    Floor broker agency interest excluded from the aggregate
information available to the specialist would not be included in a
specialist's response to a member's market probe in accordance with
NYSE Rule 115.\16\ Floor broker agency interest removed from the
aggregate information is eligible to participate in automatic
executions and sweeps; however, it is not eligible to participate in
manual executions. The Floor broker is responsible for ensuring that
agency interest removed from the aggregate information is properly
represented with respect to any manual trade that may occur because the
specialist will not have any knowledge of such interest. As a result,
excluded interest may be executed at an inferior price because that
information is not visible to the specialist.
---------------------------------------------------------------------------

    \16\ Pursuant to NYSE Rule 115(iii) a specialist may provide
information about orders contained in the Display Book referred to
also as a market probe, ``to provide information about buying or
selling interest in the market, including aggregated buying or
selling interest contained in Floor broker agency interest files
other than interest the broker has chosen to exclude from the
aggregated buying and selling interest in response to an inquiry
from a member conducting a market probe in the normal course of
business.''
---------------------------------------------------------------------------

    The Exchange has concluded that it is not in the public interest to
have agency interest removed from the aggregate information excluded
from manual executions. In order to provide its customers with the best
possible execution experience, the Exchange proposes to amend NYSE Rule
70.20(h) to permit agency interest removed from the aggregated agency
interest information to participate in manual executions. As such,
those orders will no longer be at the risk of being executed at
inferior prices.
    In order to permit agency interest removed from the aggregated
agency interest information to participate in manual executions,
Exchange systems will include excluded interest in the aggregated
agency interest displayed to the specialist only during the execution
of the manual trade. This information is maintained in the template
used by specialist to execute trades in the Display Book. As such,
aggregate Floor broker agency interest visible to the specialist will
include agency interest designated to be excluded from the aggregate
Floor broker agency interest file.
    The Exchange further proposes to amend NYSE Rule 70.20 \17\ to
prohibit specialists, trading assistants and anyone acting on their
behalf from using the Display Book to access information about Floor
broker agency interest excluded from the aggregated agency interest
other than in situations where there is a reasonable expectation on the
part of such specialist, trading assistant or other person acting on
their behalf that a transaction will take place imminently for which
such agency interest information is necessary to effect such
transaction. A pattern and practice of specialists accessing reserve
order information without trading may constitute a violation of NYSE
Rule 70.20.
---------------------------------------------------------------------------

    \17\ See proposed NYSE Rule 70.20(h)(ii).
---------------------------------------------------------------------------

    The amendments to NYSE Rule 70.20 are proposed as permanent changes
and will not be a part of the pilot program.
Reserve Order Pilot
    As previously stated above, the Exchange intends to initiate use of
the Reserve Order type for the off-Floor participants as a pilot
program in approximately 100 Exchange-listed securities. This will
allow the Exchange to test its viability from a business and
technological viewpoint. The Exchange will announce to its membership
the 100 securities that will be in the pilot program. The Exchange
proposes to expand the Reserve Order function to additional securities
during the pilot period, based on how successful the results of the
pilot are. The Exchange proposes that the pilot program operate until
September 30, 2008, or such earlier time that the Exchange determines
that the pilot is operating successfully and files with the Commission
to have it extended to all securities trading on the NYSE.
Execution Logic Amendments Prior to Completion of the Reserve Order
Pilot
    The Exchange represents that it intends to submit a formal proposal
prior to the completion of the Reserve Order Pilot to modify how
interest is allocated during an execution outside the Exchange BBO to
provide for the allocation of shares to displayable quantities of
interest, including the displayable portion of a Reserve Order and
displayable reserve order interest represented by Floor brokers, prior
to any share allocation to the non-displayable portion thereof.\18\
---------------------------------------------------------------------------

    \18\ See email from Deanna Logan, Associate General Counsel,
NYSE, to David Liu, Assistant Director, Division of Trading and
Markets, Commission, on April 18, 2008.
---------------------------------------------------------------------------

    Specifically, Reserve Order interest and the portion of reserve
interest represented by Floor brokers that is designated to be
displayed, (i.e., designated to be published in the Exchange quote or
``displayable'') will be executed first on parity. The

incoming order will be divided equally among each participant's (e.g.,
DOT orders and each Floor broker) displayable interest at that price
point on parity. Once all displayable interest has been completely
executed, any remainder of an incoming order will be executed against
any reserve, i.e., non-displayable, interest at that price point. Such
non-displayable interest will also be executed on parity.\19\
---------------------------------------------------------------------------

    \19\ Id.
---------------------------------------------------------------------------

    To illustrate how this will work for a trade, assume that the bid
on the Exchange is $20.05 for 1,000 shares, consisting of a DOT order
of 600 shares and Floor broker agency interest file (e-Quote) volume of
400 shares representing interest of two Floor brokers for 200 shares
each. There is no interest at $20.04, but at $20.03 the same amount of
displayable interest of 1,000 shares exists and there is reserve
interest for the DOT order of 600 shares and 600 for each Floor broker
(total of 1,200 shares) for a total of 1,800 shares in reserve. An
incoming order to sell 2,800 shares would be executed as follows:
     1,000 shares trade with the displayed bid of $20.05 and is
allocated 600 shares to the DOT order and 200 shares to each Floor
broker (400 shares total), leaving 1,800 shares to be executed.
     There is no interest at $20.04. The 1,800 shares remaining
will be executed first against the 1,000 shares that has been
designated as displayable interest at the price of $20.03, leaving 800
shares to be executed.
     Then the reserve portion of the DOT Reserve Order receives
an allocation of 300 shares, 300 shares of interest is allocated to the
reserve interest of the Floor broker who was next in line and 200
shares to the reserve interest of the other Floor broker for a total of
800 shares, completing the incoming order.
Conclusion
    The Exchange believes that by providing all market participants
with the ability to maintain non-displayed liquidity on the Display
Book, market participants will be encouraged to post liquidity and thus
offer Exchange customers additional opportunities for price improvement
by expanding the interest available to execute against incoming orders
at a single price. The Exchange further believes that the amendment of
NYSE Rule 70.20 will result in a better execution experience for its
customers by allowing them to participate in manual executions.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirement under section 6(b)(5) \20\ of the Act that an
Exchange have rules that are designed to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest. The Exchange
also believes that the proposed rule change also is designed to support
the principles of section 11A(a)(1) \21\ in that it seeks to assure
economically efficient execution of securities transactions, fair
competition among brokers and dealers, among exchange markets, and
between exchange markets and markets other than exchange markets, and
provide an opportunity for investors' orders to be executed without the
participation of a dealer. The Exchange believes that the instant
proposal is in keeping with these objectives in that extending reserve
order functionality will provide an opportunity for all market
participants to receive efficient, low cost executions available
through the use of this order type, and promote fair competition among
markets which already provide for entry of Reserve Orders by all market
participants.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78f(b)(5).
    \21\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

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

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

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Because the foregoing proposed rule change: (1) Does not
significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) by its terms does not become operative for 30 days after the
date of this filing, or such shorter time as the Commission may
designate if consistent with the protection of investors and the public
interest, the proposed rule change has become effective pursuant to
section 19(b)(3)(A) \22\ of the Act and Rule 19b-4(f)(6)
thereunder.\23\ As required under Rule 19b-4(f)(6)(iii),\24\ the
Exchange provided the Commission with written notice of its intent to
file the proposed rule change, along with a brief description and text
of the proposed rule change, at least five business days prior to the
date of the filing of the proposed rule change.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78s(b)(3)(A).
    \23\ 17 CFR 240.19b-4(f)(6).
    \24\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The NYSE requests that the Commission waive the
30-day operative delay, as specified in Rule 19b-4(f)(6)(iii), which
would make the rule change operative upon filing. The Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because such waiver
would immediately allow off-Floor participants to directly enter orders
that use reserve functionality that is currently available to Floor
brokers and specialists. In addition, the proposed reserve
functionality is currently available on other exchanges.\25\ The
Commission also believes that the proposed amendment to NYSE Rule
70.20(h) to allow participation by Floor broker interest in manual
executions should provide investors with the opportunity to receive
economically efficient executions of their securities transactions.
Accordingly, the Commission designates the proposed rule change to be
operative upon filing with the Commission.
---------------------------------------------------------------------------

    \25\ See, e.g., Nasdaq Rule 4751(f)(2); Securities Exchange Act
Release No. 54155 (July 14, 2006), 71 FR 41291 (July 20, 2006)
(NASDAQ-2006-001).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.\26\
---------------------------------------------------------------------------

    \26\ For purposes of calculating the 60-day period within which
the Commission may summarily abrogate the proposed rule change under
Section 19(b)(3)(C) of the Act, the Commission considers the period
to commence on April 18, 2008, the date on which the NYSE submitted
Amendment No. 1. See 15 U.S.C. 78s(b)(3)(C).

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2008-30 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-2008-30. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the NYSE. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2008-30 and should be
submitted on or before May 15, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
---------------------------------------------------------------------------

    \27\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
 [FR Doc. E8-8878 Filed 4-23-08; 8:45 am]

BILLING CODE 8010-01-P


Record for the Section 316( b) Phase II Existing Facilities Notice of Data Availability 1 2 3 4 5 6 7 8 9 A B C D E Date Modified: 2/ 13/ 03 By: Abt Associates Inc.

Data Sources: IPM output 316( b) P2 Proposal Base Case 1d Purpose: National summary results for 1d Key to IPM runs ( for Proposal):

1d  Base case with EPA electricity demand growth assumptions 2d  Base case with AEO electricity demand growth assumptions March 10, 2003 Page 1 of 7 dwcgi 23902 1049981314 955845000. xls  File Info Record for the Section 316( b) Phase II Existing Facilities Notice of Data Availability 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 A B C D E F G 10. Capacity by Plant Type [ MW] 2008 2010 2013 2020 2026

Scrubbed Coal_ NOx 1 4,942 4,942 4,942 4,942 4,942 Scrubbed Coal 2 51,568 51,568 51,568 51,402 49,326 Unscrubbed Coal_ NOx 3 10,354 9,201 9,201 9,201 9,201 Unscrubbed Coal 4 134,600 130,846 124,091 108,609 102,690 Oil/ Gas Steam 5 113,976 113,976 113,932 113,932 113,932 Oil/ Gas Steam_ Nox 6 4,046 4,046 4,012 4,012 4,012 Nuclear 7 68,862 61,667 46,446 10,725 1,935 Hydro 8 89,788 89,788 89,788 89,788 89,788 Comb. Cycle Gas 9 89,616 100,039 114,699 152,909 187,553 IGCC 10 612 612 612 612 612 Turbine 11 107,856 116,242 136,715 181,089 213,046 Biomass 12 1,108 1,108 1,108 1,108 1,108 Geothermal 13 2,725 2,725 2,725 2,725 2,725 Landfill Gas 14 91 91 91 91 91 Wind 15 1,691 1,691 1,691 1,691 1,691 Fuel Cell 16

Solar 17 325 325 325 325 325 Non Fossil_ Other 18 2,112 2,112 2,112 2,112 2,112 Fossil_ Other 19 45 45 45 45 45 Pump Storage 20 22,554 22,554 22,554 22,554 22,554 Int. Imports 21 11,000 11,000 11,000 11,000 11,000 Cgn_ Coal 22 3,998 3,998 3,998 3,998 3,608 Cgn_ Gas 23 22,540 22,540 22,540 22,540 22,540 Cgn_ Oil 24 1,069 1,069 1,069 1,069 1,069 Cgn_ Other 25 1,063 1,063 1,063 1,063 1,063 NonCG IPP_ Coal 26

NonCG IPP_ Gas 27

NonCG IPP_ Other 28

Blr_ Coal 29

Blr_ Gas 30

Blr_ Oil 31

Blr_ Other 32

SteamOnly Cogen 33

Rep. Coal CC 34

Rep. O/ G CC 35 18,358 18,358 18,514 18,514 18,514 Rep. Coal IGCC 36

Ret. Scrubber 37 2,821 6,280 7,363 7,527 6,984 Ret. ExistSCR & Scrub 38 772 1,900 1,900 1,900 1,900 Ret. ExistSNCR & Scrub 39

Ret. SCR 40 54,863 54,795 53,095 59,446 60,328 Ret. ExistScrub & SCR 41 34,765 34,765 34,765 34,765 34,765 Ret. SNCR 42 1,938 1,938 6,178 13,933 19,360 Ret. ExistScrub & SNCR 43 2,472 2,472 2,472 2,638 4,714 Ret. SCR+ Scrb 44 2,229 2,300 5,106 6,290 6,290 Ret. SNCR+ Scrub 45  210 448 448 992 Ret. Gas Reburn 46

Ret. ExistScrub+ GasR 47

Ret. GasReburn+ Scrub 48

Ret. ACI 49

Ret. ExistScrub& ACI 50

Ret. ExistSCR& ACI 51

Ret. ExistSNCR& ACI 52

Ret. ACI & SCR 53

Ret. ExistScrub& ACI& SCR 54

Ret. ACI & SNCR 55

Ret. ExistScrub& ACI& SNCR 56

Ret. ACI & Srub 57

Ret. ExistSCR& ACI& Scrub 58

Ret. ExistSNCR& ACI& Scrub 59

March 10, 2003 Page 2 of 7 dwcgi 23902 1049981314 955845000. xls  Table 10 Record for the Section 316( b) Phase II Existing Facilities Notice of Data Availability 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 A B C D E F G Ret. ExistSNCR& ExistScrub& ACI 60

Ret. ExistSCR& ExistScrub& ACI 61

Ret. ExistNOx& ExistScrub& ACI 62

Ret. SCR & Scrub & ACI 63

Ret. SNCR & Scrub & ACI 64

Ret. O/ G SCR 65 818 818 818 818 818 Ret. O/ G SNCR 66 2,883 2,883 2,883 2,883 2,883 Ret. Nuclear ( age 30+ 10 yrs) 67 15,471 17,479 26,111 31,533 10,608 Ret. Nuclear ( age 40+ 20 yrs) 68 760 2,062 7,781 28,334 55,445 Ret. Biomass Cofiring 69

CT Early Retirement 70

CC Early Retirement 71

O/ G Early Retirement 72 1,963 1,963 1,963 1,963 1,963 Coal Early Retirement 73

Nuke Early Retirement 74 2,680 4,347 2,011 1,140

Total 889,332 905,819 937,735 1,009,675 1,072,530 (**) Ind. Boiler capacity in MMBtu/ hr, not included in the total March 10, 2003 Page 3 of 7 dwcgi 23902 1049981314 955845000. xls  Table 10 Record for the Section 316( b) Phase II Existing Facilities Notice of Data Availability 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 A B C D E F G 11. Capacity Additions and Changes by Plant Type [ MW] 2008 2010 2013 2020 2026

Scrubbed Coal_ NOx 1

Scrubbed Coal 2

Unscrubbed Coal_ NOx 3

Unscrubbed Coal 4

Oil/ Gas Steam 5

Oil/ Gas Steam_ Nox 6

Nuclear 7

Hydro 8

Comb. Cycle Gas 9 30,802 10,423 14,660 38,210 34,643 IGCC 10

Turbine 11 34,122 8,386 20,473 44,374 31,965 Biomass 12

Geothermal 13

Landfill Gas 14

Wind 15

Fuel Cell 16

Solar 17

Non Fossil_ Other 18

Fossil_ Other 19

Pump Storage 20

Int. Imports 21

Cgn_ Coal 22

Cgn_ Gas 23

Cgn_ Oil 24

Cgn_ Other 25

NonCG IPP_ Coal 26

NonCG IPP_ Gas 27

NonCG IPP_ Other 28

Blr_ Coal 29

Blr_ Gas 30

Blr_ Oil 31

Blr_ Other 32

SteamOnly Cogen 33

Rep. Coal CC 34

Rep. O/ G CC 35 18,358  156

Rep. Coal IGCC 36

Ret. Scrubber 37 5,051 3,459 2,094 164

Ret. ExistSCR & Scrub 38 772 1,129

Ret. ExistSNCR & Scrub 39

Ret. SCR 40 54,863 5 376 7,560 882 Ret. ExistScrub & SCR 41 34,765

Ret. SNCR 42 1,938 215 4,240 7,755 5,427 Ret. ExistScrub & SNCR 43 2,472   166 2,076 Ret. SCR+ Scrb 44 2,229 71 2,806 1,183

Ret. SNCR+ Scrub 45  210 238  543 Ret. Gas Reburn 46

Ret. ExistScrub+ GasR 47

Ret. GasReburn+ Scrub 48

Ret. ACI 49

Ret. ExistScrub& ACI 50

Ret. ExistSCR& ACI 51

Ret. ExistSNCR& ACI 52

Ret. ACI & SCR 53

Ret. ExistScrub& ACI& SCR 54

Ret. ACI & SNCR 55

Ret. ExistScrub& ACI& SNCR 56

Ret. ACI & Srub 57

Ret. ExistSCR& ACI& Scrub 58

March 10, 2003 Page 4 of 7 dwcgi 23902 1049981314 955845000. xls  Table 11 Record for the Section 316( b) Phase II Existing Facilities Notice of Data Availability 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 A B C D E F G Ret. ExistSNCR& ACI& Scrub 59

Ret. ExistSNCR& ExistScrub& ACI 60

Ret. ExistSCR& ExistScrub& ACI 61

Ret. ExistNOx& ExistScrub& ACI 62

Ret. SCR & Scrub & ACI 63

Ret. SNCR & Scrub & ACI 64

Ret. O/ G SCR 65 818

Ret. O/ G SNCR 66 2,883

Ret. Nuclear ( age 30+ 10 yrs) 67 15,471 2,008 8,632 22,901 2,268 Ret. Nuclear ( age 40+ 20 yrs) 68 760 1,302 5,719 20,553 27,111 Ret. Biomass Cofiring 69

CT Early Retirement 70

CC Early Retirement 71

O/ G Early Retirement 72 1,963

Coal Early Retirement 73

Nuke Early Retirement 74 2,680 1,667

Total 209,945 28,875 59,395 142,867 104,915 (**) Ind. Boiler capacity in MMBtu/ hr, not included in the total March 10, 2003 Page 5 of 7 dwcgi 23902 1049981314 955845000. xls  Table 11 Record for the Section 316( b) Phase II Existing Facilities Notice of Data Availability 1 2 3 4 5 6 7 8 9 10 A B C D E F PRODUCTION COSTS PROPOSAL [ MMUS$](*) 2008 2010 2013 2020 2026 Variable O& M 7231.2 7321.4 7528.2 7841.6 8119.5 Fixed O& M 21703.2 21485.9 21779.1 21550.5 21963.7 Fuel 44413.2 44208.1 45300.1 48590.7 51313.2 Capital 6464.9 7858.5 10546 16684 21638.4

Total 79812.6 80873.8 85153.4 94666.7 103034.8 Sales Revenue 0 0 0 0 0 March 10, 2003 Page 6 of 7 dwcgi 23902 1049981314 955845000. xls  Table 15 Record for the Section 316( b) Phase II Existing Facilities Notice of Data Availability 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 A B C D E F Fuel Consumption by Fuel and Fuel Type [ TBtu]

Fuel 2008 2010 2013 2020 2026 BA 2,443 2,770 2,744 2,742 2,818 BB 1,303 1,309 1,504 1,609 1,743 BD 4,101 4,062 4,211 4,677 4,422 BE 1,606 1,255 1,116 1,098 1,140 BF 1,755 1,579 1,471 1,127 1,127 BG 2,346 2,563 2,616 2,686 2,610 SB 5,404 5,483 5,562 5,712 6,150 SD 1,153 1,103 1,105 1,110 900 SE 335 321 319 319 319 LD

LE

LF 1,033 1,046 1,065 1,079 1,095 Coal 21,477 21,492 21,712 22,158 22,325 NY2.2%

NY1.5% 18 18 17 11 11 NY0.3% 1 1

GC2.2%

GC1.5%

GC0.3%

Oil 18 18 17 11 11 NUC 6,757 6,521 6,473 5,798 5,593 Nuclear 6,757 6,521 6,473 5,798 5,593 HYDRO

Hydro

GAS 6,967 7,389 8,203 10,313 11,990 Gas 6,967 7,389 8,203 10,313 11,990 WASTE 29 29 29 29 29 XXXXXX

Other 29 29 29 29 29 NONE 732 732 732 732 732 None 732 732 732 732 732 B1 92 92 92 90 90 B3

B2

Biomass 92 92 92 90 90 Grand Tot 36,070 36,272 37,257 39,131 40,770 March 10, 2003 Page 7 of 7 dwcgi 23902 1049981314 955845000. xls  Fuel Consumption