[Federal Register: December 31, 2008 (Volume 73, Number 251)]
[Notices]
[Page 80481-80482]
[DOCID:fr31de08-107]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59148; File No. SR-DTC-2008-12]

Self-Regulatory Organizations; The Depository Trust Company;
Order Approving Proposed Rule Change As Amended To Increase Liquidity
Resources

December 23, 2008.

I. Introduction

    On August 26, 2008, The Depository Trust Company (``DTC'') filed
with the Securities and Exchange Commission (``Commission'') and on
September 9, 2008, and on September 30, 2008, amended proposed rule
change SR-DTC-2008-12 pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'').\1\ Notice of the proposal was published
in the Federal Register on October 21, 2008.\2\ The Commission received
no comment letters. For the reasons discussed below, the Commission is
approving the proposed rule change, as amended.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ Securities Exchange Act Release No. 58757A (October 14,
2008), 73 FR 62578.
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II. Description

    The proposed rule change seeks to increase the liquidity resources
of DTC to ensure it has sufficient liquidity to cover the failure of a
financial family of affiliated DTC Participants (``Affiliated
Family'').\3\ An Affiliated Family means a Participant that controls
another Participant or other Participants and each Participant that is
under the control of the controlling Participant. For purposes of this
definition, ``control'' means the direct or indirect ownership of more
than 50% of the voting securities or other voting interests of an
entity.\4\
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    \3\ DTC currently has 332 Participants, most of which are
broker-dealers or banks with one Participant account. Large
integrated organizations, however, typically have several ``legal
entities'' with each being DTC Participants (e.g., a bank custodian
entity and a separate securities firm entity).
    \4\ Under this definition, DTC currently has 47 Affiliated
Families.
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    To ensure that DTC is able to complete its settlement obligations
each day in the event of a Participant's inability to settle with DTC,
DTC currently maintains liquidity resources of $2.5 billion composed of
a $600 million all-cash Participants Fund and a committed line of
credit in the amount of $1.9 billion with a consortium of banks. DTC's
committed line of credit was recently increased from $1.4 billion.
Given that financial firms have become increasingly interdependent, DTC
recognizes that there is a possibility of ``contagion'' among several
related Participants. Financial problems at one Participant may impact
the stability of another related Participant, potentially causing both
to fail simultaneously. Because of concerns about this potential, DTC
and its regulators have agreed that DTC should increase its available
liquidity resources so that DTC would be able to withstand the failure
of a financial family of affiliated DTC Participants.\5\ To do so, DTC
will (i) increase by $700 million the total cash deposits to DTC's all-
cash Participants Fund so that the aggregate amount of the required
cash deposits to DTC's Participant Fund plus the required preferred
stock investments of Participants will be increased to $1.3 billion
from $600 million and (ii) limit the aggregate maximum net debit cap
\6\ for any Affiliated Family to $3 billion.
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    \5\ The Commission is the primary federal regulator of DTC as a
clearing agency. DTC is also a limited purpose trust company
established under New York Banking Law and a state member bank of
the Federal Reserve System. As such, the The Federal Reserve Bank of
New York (FRBNY) and the New York State Department of Banking also
have regulatory authority over DTC.
    \6\ In order to ensure that timely settlement can be completed
in the event of a failure to settle by the Participant with the
largest settlement obligation, DTC by sets debit limits (called net
debit caps) for each Participant. A Participant's net debit is
limited throughout the processing day to a net debit cap that is the
lesser of four amounts: (1) An amount based on the average of the
three largest net debits that the Participant incurred over a
rolling 70 business day period, (2) an amount, if any, determined by
the Participant's settling bank, (3) an amount, if any, determined
by DTC, or (4) $1.8 billion.
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    The following variables are currently used in the determination of
each Participant's required Participant's Fund deposit:
    (1) The six largest intraday net debit peaks for a Participant over
a rolling 60-business day period.
    (2) Minimum Fund Deposit: $10,000.
    (3) Fund Size: $600 Million.
    DTC will continue to employ these variables to calculate the first
$600 million of the required $1.3 billion Fund. The remaining $700
million will be allocated proportionately among the Affiliated Families
whose aggregate net debit caps per family exceed $2.3 billion.\7\ An
Affiliated Family whose net debit cap exceeds $2.3 billion would be
required to contribute a portion of the remaining $700 million
calculated by dividing the amount by which the Affiliated Family's net
debit cap exceeds $2.3 billion by the sum of the amounts by which each
Affiliated Family's net debit cap exceeds $2.3 billion.\8\ Once an
Affiliated Family's additional Participant's Fund requirement has been
established, DTC will allocate this sum among the Participants
comprising the Affiliated Family in proportion to each Participant's
adjusted net debit cap.\9\ This algorithm will be systematically used
to calculate the allocations for the Participants of each Affiliated
Family, unless each of the Participants that comprise an Affiliated
Family provides DTC with written instructions to allocate the aggregate
net debit cap differently. While the Participants of an Affiliated
Family may give instructions to reapportion their net debit caps among
themselves, they cannot reallocate to any one Participant a debit cap
that is greater than the DTC system calculated net debit cap for that
Participant.
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    \7\ This amount is based on DTC's practice of maintaining a
liquidity cushion of $200 million between its largest net debit cap
and its liquidity resources (i.e., DTC's current liquidity of $2.5
billion minus the $200 liquidity cushion it maintains).
    \8\ DTC will adjust the net debit caps of the Participants that
comprise an Affiliated Family so that the aggregate affiliated net
debit cap does not exceed $3 billion. Currently 18 Affiliate
Families consisting of 57 DTC Participants will be subject to these
Affiliated Family provisions. Thirteen Affiliated Families will be
required to reduce their overall Net debit caps.
    \9\ The proposed DTC Affiliated Family Algorithm can be viewed
on the Commission's Web site at http://www.sec.gov/rules/sro/dtc/
2008/34-58757.pdf and at DTC's Web site at http://www.dtcc.com/
downloads/legal/rule_filings/2008/dtc/2008-12.pdf.
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III. Discussion

    Section 19(b) of the Act directs the Commission to approve a
proposed rule change of a self-regulatory organization if it finds that
such proposed rule change is consistent with the requirements of the
Act and the rules and regulations thereunder applicable to such
organization. Section 17A(b)(3)(F) of the Act requires that the rules
of a clearing agency be designed to assure the safeguarding of
securities and funds in DTC's custody or control or for which it is
responsible.\10\ The Commission believes that DTC's rule change is
consistent with this Section because it should help assure the
safeguarding of securities and funds in DTC's custody or

control or for which it is responsible by increasing DTC's liquidity
resources to enable it to complete settlement in the event of a failure
of a financial family of affiliated Participants.
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    \10\ 15 U.S.C. 78q-1(b)(3)(F).
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IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule change, as amended, is consistent with the requirements
of the Act and in particular Section 17A of the Act and the rules and
regulations thereunder. In approving the proposed rule change, the
Commission considered the proposal's impact on efficiency, competition,
and capital formation.
    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule change (File No. SR-DTC-2008-12), as amended, be
and hereby is approved.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-31048 Filed 12-30-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)]
[Rules and Regulations]
[Pages 14620-14623]
[FR Doc No: 2017-05705]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2016-0299; FRL-9959-11]

Cloquintocet-mexyl; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of
Cloquintocet-mexyl (acetic acid [5-chloro-8-quinolinyl) oxy]-1-
methylhexyl ester) in or on teff when cloquintocet-mexyl is used as an
inert ingredient (herbicide safener) in pesticide formulations
containing pyroxsulam. Dow AgroSciences LLC requested these tolerances
under the Federal Food, Drug, and Cosmetic Act (FFDCA) in order to
cover residues of cloquintocet-mexyl in imported teff commodities.

DATES: This regulation is effective March 22, 2017. Objections and
requests for hearings must be received on or before May 22, 2017, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2016-0299, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC

20460-0001. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the OPP Docket is<PHONE_NUMBER>. Please review the visitor
instructions and additional information about the docket available at
http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michael L. Goodis, P.E., Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; main telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
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).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2016-0299 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
May 22, 2017. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2016-0299, 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 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.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of August 29, 2016 (81 FR 59165) (FRL-9950-
22), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP#
5E8432) by Dow AgroSciences LLC, 9330 Zionsville Road, Indianapolis, IN
46268. The petition requested that 40 CFR part 180.560 be amended by
establishing tolerances without U.S registrations for residues of the
cloquintocet-mexyl for use as an inert ingredient (safener) in
combination with the herbicide pyroxulam in or on the raw agricultural
commodities teff, forage at 0.2 parts per million (ppm); teff, grain at
0.1 ppm; teff hay at 0.5 ppm; teff straw at 0.1ppm. That document
referenced a summary of the petition prepared by Dow AgroSciences, LLC,
the registrant, which is available in the docket EPA-HQ-OPP-2016-0299
at http://www.regulations.gov. There were no comments received in
response to the notice of filing.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Consistent with FFDCA section 408(b)(2)(D), EPA has reviewed the
available scientific data and other relevant information in support of
this action. EPA has sufficient data to assess the hazards of and to
make a determination on aggregate exposure for cloquintocet-mexyl in or
on teff forage, grain, hay and straw, consistent with FFDCA section
408(b)(2).
    In the Federal Register of August 2, 2016 (81 FR 50630) (FRL-9947-
78), EPA established tolerances for residues of cloquintocet-mexyl and
its acid metabolite (5-chloro-8-quinolinoxyacetic acid) when used in
pesticide formulations containing the active ingredient halauxifen-
methyl, in or on barley grain, barley hay, barley straw, and wheat
forage, wheat grain, wheat hay, and wheat straw. EPA is relying upon
the risk assessments that supported the findings made in the August 2,
2016, Federal Register document in support of this action. The toxicity
profile of cloquintocet-mexyl has not changed, and the previous risk
assessments that supported the establishment of those tolerances remain
valid.
    The Agency evaluated the request to establish tolerances in or on
teff forage, grain, hay, and straw. Teff is prepared like other whole
grains, such as rice and barley, and may also be used to make flour in
a manner similar to wheat and other cereal grains. In considering
likely residue levels on teff, EPA concludes that because of the
similarity in application rates for pesticides containing cloquintocet-
mexyl between

teff and wheat, the likely decline in residue levels as teff moves
through commerce, and the similarities to the small grains in terms of
morphology, taxonomy and cultural practices, residue levels of
cloquintocet-mexyl on teff will be similar to residue levels on wheat.
The lack of teff consumption data being reported in the available food
consumption data indicates a very low overall consumption of teff in
the United States. When teff is consumed in the U.S., it is typically
consumed in place of wheat. Using these assumptions regarding likely
residue levels and consumption, EPA concludes that aggregate exposure
and risk estimates resulting from cloquintocet-mexyl residues in/on
teff would not be substantially different than those presented in the
most recent human health risk assessment and published in the August 2,
2016 final rule. As those risk estimates were not of concern to the
Agency, EPA concludes that there is a reasonable certainty that no harm
will result to the general population, or to infants and children from
aggregate exposure to cloquintocet-mexyl residues.
    For a detailed discussion of the aggregate risk assessments and
determination of safety for these tolerances, please refer to the
August 2, 2016, Federal Register document and its supporting documents,
available at http://www.regulations.gov in docket ID number EPA-HQ-OPP-
2012-0843. Further information about EPA's determination that an
updated risk assessment was not necessary may be found in the document,
``Cloquintocet-mexyl--Human Health Risk Assessment of Tolerances
without a U.S. Registration for Use on Teff'' in docket ID number EPA-
HQ-OPP-2016-0299.
    For specific information on the studies received and the nature of
the adverse effects caused by cloquintocet-mexyl as well as the no-
observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse-
effect-level (LOAEL) from the toxicity studies, the reader is referred
to the final rule published in the Federal Register of December 16,
2005 (70 FR 74679) (FRL-7753-4); Docket ID number EPA-HQ-OPP-2005-0234.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology, high performance liquid
chromatography with ultraviolet detection (HPLC-UV); method REM
138.01for the cloquintocet-mexyl (parent) and the HPLC-UV Method RED
138.10 for its acid metabolite, are available to enforce the tolerance
expression.
    The methods may be requested from: Chief, Analytical Chemistry
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD
20755-5350; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established a MRL for cloquintocet-mexyl.

V. Conclusion

    Therefore, tolerances are established for combined residues of
cloquintocet-mexyl (acetic acid [(5-chloro-8-quinolinyl) oxy]-1-
methylhexyl ester) and its acid metabolite (5-chloro-8-quinlinoxyacetic
acid), expressed as cloquintocet-mexyl, for use as an inert ingredient
(safener) in combination with the herbicide pyroxsulam in or on teff,
forage at 0.2 ppm; teff, grain at 0.1 ppm; teff, hay at 0.5 ppm; and
teff, straw at 0.1 ppm.

VI. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 408(d) in
response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerances in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

VII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to

publication of the rule in the Federal Register. This action is not a
``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: March 6, 2017.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority:  21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.560:
0
a. Revise paragraph (a) introductory text; and
0
b. Add alphabetically entries for ``teff, forage,'' ``teff, grain,''
``teff, hay,'' and ``teff, straw'' to the table in paragraph (a).
    The revision and additions read as follows:

Sec.  180.560   Cloquintocet-mexyl; pesticide tolerances.

    (a) General. Tolerances are established for residues of the inert
ingredient cloquintocet-mexyl, including its metabolites and
degradates, in or on the commodities in the following table when used
as a safener in pesticide formulations containing the active
ingredients clodinafop-propargyl (wheat only), dicamba (wheat only),
flucarbazone-sodium (wheat only), halauxifen-methyl (wheat or barley),
pinoxaden (wheat or barley), or pyroxsulam (wheat or teff). Compliance
with the tolerance levels specified is to be determined by measuring
the combined residues of cloquintocet-mexyl, (acetic acid [(5-chloro-8-
quinolinyl)oxy]-, 1-methylhexyl ester; CAS Reg. No. 99607-70-2) and its
acid metabolite (5-chloro-8-quinolinoxyacetic acid), expressed as
cloquintocet-mexyl, in or on the following commodities:

------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------

                                * * * * *
Teff, forage \1\............................................         0.2
Teff, grain \1\.............................................         0.1
Teff, hay \1\...............................................         0.5
Teff, straw \1\.............................................         0.1

                                * * * * *
------------------------------------------------------------------------
\1\ There are no U.S. registrations for use on this commodity as of
  March 22, 2017.

* * * * *
[FR Doc. 2017-05705 Filed 3-21-17; 8:45 am]
 BILLING CODE 6560-50-P


SN-19-0005 Sanitized Support Documents Index:
 SN-19-0005 Sanitized Determination Document (linked)
 SN-19-0005 Sanitized CHEM Report (attached)
 SN-19-0005 Sanitized ECO Report (attached)
 SN-19-0005 Sanitized ENG Report (attached)
 SN-19-0005 Sanitized EXP Report (attached)
 SN-19-0005 Sanitized Fate Report (attached)
 SN-19-0005 Sanitized HLTH Report_POST-FOCUS FINAL (attached)