[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Notices]
[Pages 55489-55492]
[FR Doc No: 2023-17444]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98096; File No. SR-ISE-2023-16]

Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Accelerate the
Listing of Options on Certain IPOs

August 9, 2023.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 4, 2023, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I and II below, which Items have been
prepared by the self-regulatory organization. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Options 4, Section 3, Criteria For
Underlying Securities. The text of the proposed rule change is
available on the Exchange's website at https://listingcenter.nasdaq.com/rulebook/ise/rules, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Options 4, Section 3, Criteria For
Underlying Securities. ISE is proposing a listing rule change that is
substantially similar in all material respects to the proposal approved
for NYSE American LLC (``NYSE American'').\3\ Following discussions
with other exchanges and a cross-section of industry participants and
in coordination with the Listed Options Market Structure Working Group
(``LOMSWG'') (collectively, the ``Industry Working Group''), NYSE
American filed a proposed rule change,\4\ which was recently approved,
to modify the standard for the listing and trading of options on
``covered securities'' to reduce the time to market in Rule 915
(Criteria for Underlying Securities). At this time, ISE proposes to
adopt an identical rule.
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    \3\ See Securities Exchange Act Release No. 98013 (July 27,
2023) 88 FR 50927 (August 2, 2023) (SR-NYSEAMER-2023-27) (Order
Granting Approval of a Proposed Rule Change to Amend Rule 915
(Criteria for Underlying Securities) to Accelerate the Listing of
Options on Certain IPO).
    \4\ Id.
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Proposal
    ISE Options 4, Section 3(b)(5) sets forth the guidelines to be
considered in evaluating for option transactions

underlying securities that are ``covered securities,'' as defined in
section 18(b)(1)(A) of the Securities Act of 1933 (hereinafter
``covered security'' or ``covered securities'').\5\ Currently, the
Exchange permits the listing of an option on an underlying covered
security that, amongst other things, has a market price of at least
$3.00 per share for the previous three consecutive business days
preceding the date on which the Exchange submits a certificate to The
Options Clearing Corporation (``OCC'') to list and trade options on the
underlying security (the ``three-day lookback period'').\6\ Under the
current rule, if an initial public offering (``IPO'') occurs on a
Monday, the earliest date the Exchange could submit its listing
certificate to OCC would be on Thursday, with the market price
determined by the closing price over the three-day lookback period from
Monday through Wednesday. The option on the IPO'd security would then
be eligible for trading on the Exchange on Friday (i.e., within four
business days of the IPO inclusive of the day the listing certificate
is submitted to OCC).
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    \5\ Options 4, Section 3(a) requires that, for underlying
securities to be eligible for option transactions, such securities
must be duly registered and be an ``NMS stock'' as defined in Rule
600 of Regulation NMS under the Act and will be characterized by a
substantial number of outstanding shares which are widely held and
actively traded. See Options 4, Section 3(a)(1) and (2).
    \6\ See Options 4, Section 3(b)(5)(i). The Exchange is not
proposing to make any changes to the guidelines for listing
securities that are not a ``covered security.'' See Options 4,
Section 3(b)(5)(ii).
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    The Exchange notes that the three-day lookback period helps ensure
that options on underlying securities may be listed and traded in a
timely manner while also allowing time for OCC to accommodate the
certification request. However, there are certain large IPOs that issue
high-priced securities--well above the $3.00 per share threshold--that
would obviate the need for the three-day lookback period. In this
regard, NYSE American noted in its rule change that the Industry
Working Group identified proposed changes that would help options on
covered securities that have a market capitalization of at least $3
billion based upon the offering price of its IPO come to market
earlier.\7\ The proposed change, which is intended to be harmonized
across options exchanges, is designed to provide investors the
opportunity to hedge their interest in IPO investments in a shorter
amount of time than what is currently permitted.\8\ The Exchange
believes that options serve a valuable tool to the trading community
and help markets function efficiently by mitigating risk. To that end,
the Exchange believes that the absence of options in the early days
after an IPO may heighten volatility in the trading of IPO'd
securities.\9\
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    \7\ See supra note 3.
    \8\ While the Exchange acknowledges that market participants may
utilize options for speculative purposes (in addition to as a
hedging tool), the Exchange believes (as set forth below) that its
existing surveillance technologies and procedures adequately address
potential violations of exchange rules and federal securities laws
applicable to trading on the Exchange.
    \9\ See proposed Options 4, Section 3(b)(5)(i)(B). The Exchange
proposes a non-substantive change to number the existing and
proposed criteria for covered securities as (A) and (B) of paragraph
(b)(5)(i). See proposed Options 4, Section 3(b)(5)(i).
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    Accordingly, the Exchange proposes to modify Options 4, Section 3
to waive the three-day lookback period for covered securities that have
a market capitalization of at least $3 billion based upon the offering
price of the IPO of such securities and to allow options on such
securities to be listed and traded starting on or after the second
business day following the initial public offering day (i.e., not
inclusive of the day of the IPO).\10\ NYSE American noted in its rule
change that it reviewed trading data for IPO'd securities dating back
to 2017 and is unaware of any such security that achieved a market
capitalization of $3 billion based upon the offering price of its IPO
that would not have also qualified for listing options based on the
three-day lookback requirement.\11\ Specifically, NYSE American stated
in its rule change that it determined that 202 of the 1,179 IPOs that
took place between January 1, 2017, and October 21, 2022, met the $3
billion market capitalization/IPO offering price threshold.\12\
Further, NYSE American stated that options on all 202 of those IPO
shares subsequently satisfied the three-day lookback requirement for
listing and trading, i.e., none of these large IPOs closed below the
$3.00/share threshold during its first three days of its trading.\13\
As such, the Exchange believes the proposed capitalization threshold of
$3 billion based upon the offering price of its IPO is appropriate.
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    \10\ The Exchange acknowledges that the Options Listing
Procedures Plan (or ``OLPP'') requires that the listing certificate
be provided to OCC no earlier than 12:01 a.m. and no later than
11:00 a.m. (Chicago time) on the trading day prior to the day on
which trading is to begin. See the OLPP, at p. 3, available here:
https://www.theocc.com/getmedia/198bfc93-5d51-443c-9e5b-fd575a0a7d0f/options_listing_procedures_plan.pdf. The OLPP is a
national market system plan that, among other things, sets forth
procedures governing the listing of new options series.
    \11\ See supra note 3.
    \12\ See supra note 3.
    \13\ See supra note 3.
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    Under the proposed rule, if an IPO for a company with a market
capitalization of $3 billion based upon the offering price of its IPO
occurs on a Monday, the Exchange could submit its listing certificate
to OCC (to list and trade options on the IPO'd security) as soon as all
the other requirements for listing are satisfied. If, on Tuesday, all
requirements are deemed satisfied, the IPO'd security could then be
eligible for trading on the Exchange on Wednesday (i.e., starting on or
after the second business day following the IPO day). Thus, the
proposal could potentially accelerate the listing of options on IPO'd
securities by two days.
    The Exchange believes the proposed change would allow options on
IPO'd securities to come to market sooner without sacrificing investor
protection. The Exchange represents that trading in IPO'd securities--
like all other securities traded on the Exchange--is subject to
surveillances administered by the Exchange and to cross-market
surveillances administered by FINRA on behalf of the Exchange. Those
surveillances are designed to detect violations of Exchange rules and
applicable federal securities laws.\14\ The Exchange represents that
those surveillances are adequate to reasonably monitor Exchange trading
of IPO'd securities in all trading sessions and to reasonably deter and
detect violations of Exchange rules and federal securities laws
applicable to trading on the Exchange.\15\ As such, the Exchange
believes that its existing surveillance technologies and procedures,
coupled with its findings related to the IPOs reviewed as described
herein, adequately address potential concerns regarding possible
manipulation or price stability.
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    \14\ FINRA conducts cross-market surveillances on behalf of the
Exchange pursuant to a regulatory services agreement. The Exchange
is responsible for FINRA's performance under this regulatory
services agreement.
    \15\ See supra note 8.
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Implementation
    The proposed rule change will become operative within six months
following the approval of the proposed Rule change to coincide with
implementation on other options exchanges. The Exchange will announce
the effective date of the proposed change by an Options Trader Update.
The Exchange will coordinate the effective date to coincide with the
implementation of the proposed change on the other options exchanges.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with section
6(b)

of the Act,\16\ in general, and furthers the objectives of section
6(b)(5) of the Act,\17\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, 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.
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    \16\ 15 U.S.C. 78f(b).
    \17\ 15 U.S.C. 78f(b)(5).
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    In particular, the Exchange believes the proposed change would
facilitate options transactions and would remove impediments to and
perfect the mechanism of a free and open market and a national market
system, which would, in turn, protect investors and the public interest
by providing an avenue for options on IPO'd securities to come to
market earlier. The Exchange notes that the three-day look back period
helps ensure that options on underlying securities may be listed and
traded in a timely manner while also allowing time for OCC to
accommodate the certification request. However, there are certain large
IPOs that issue high-priced securities--well above the $3.00 per share
threshold--that would obviate the need for the three-day lookback
period. As noted above, NYSE American noted that it reviewed trading
data for IPO'd securities dating back to 2017 and was unaware of an
IPO'd security with a market capitalization of $3 billion or more
(based upon the offering price of its IPO) that subsequently would have
failed to qualify for listing and trading as options under the three-
day lookback requirement.\18\ The Exchange believes that the proposed
amendment, which would be harmonized across options exchanges, would
remove impediments to and perfect the mechanism of a free and open
market and a national market system by providing an avenue for
investors to hedge their interest in IPO investments in a shorter
amount of time than what is currently permitted. The Exchange believes
that options serve a valuable tool to the trading community and help
markets function efficiently by mitigating risk. To that end, the
Exchange believes that the absence of options in the early days after
an IPO may heighten volatility to IPO'd securities.\19\
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    \18\ See supra note 3.
    \19\ See supra note 8.
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    Further, as noted herein, the Exchange believes the proposed change
would allow options on IPO'd securities to come to market sooner (i.e.,
at least two business days post-IPO not inclusive of the day of the
IPO) without sacrificing investor protection. The Exchange represents
that trading in IPO'd securities--like all other securities traded on
the Exchange--is subject to surveillances administered by the Exchange
and to cross-market surveillances administered by FINRA on behalf of
the Exchange. Those surveillances are designed to detect violations of
Exchange rules and applicable federal securities laws.\20\ The Exchange
represents that those surveillances are adequate to reasonably monitor
Exchange trading of IPO'd securities in all trading sessions and to
reasonably deter and detect violations of Exchange rules and federal
securities laws applicable to trading on the Exchange, including
wrongful efforts to manipulate the prices of those securities in order
to bring them in compliance with the $3.00/share threshold for the
listing of options. As such, the Exchange believes that its existing
surveillance technologies and procedures, coupled with NYSE American's
findings related to the IPOs reviewed as described herein, would
adequately address potential concerns regarding possible manipulation
or price stability.
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    \20\ FINRA conducts cross-market surveillances on behalf of the
Exchange pursuant to a regulatory services agreement. The Exchange
is responsible for FINRA's performance under this regulatory
services agreement.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange anticipates
that the other options exchanges will adopt substantively similar
proposals, such that there would be no burden on intermarket
competition from the Exchange's proposal. Accordingly, the proposed
change is not meant to affect competition among the options exchanges.
For these reasons, the Exchange believes that the proposed rule change
reflects this competitive environment and does not impose any undue
burden on intermarket competition.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not (i)
significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to section 19(b)(3)(A) of the Act \21\ and Rule 19b-4(f)(6)
thereunder.\22\
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    \21\ 15 U.S.C. 78s(b)(3)(A).
    \22\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \23\ normally
does not become operative prior to 30 days after the date of the
filing. However, Rule 19b-4(f)(6)(iii) \24\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange states that
this proposed rule change is substantially similar in all material
respects to a proposal submitted by NYSE American that was recently
approved by the Commission.\25\ The Commission believes that waiver of
the 30-day operative delay is consistent with the protection of
investors and the public interest because the proposed rule change does
not raise any new or novel issues. The Exchange represents that it will
coordinate the effective date to coincide with the implementation of
the proposed change on the other options exchanges. Accordingly, the
Commission hereby waives the 30-day operative delay and designates the
proposed rule change as operative upon filing.
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    \23\ Id.
    \24\ 17 CFR 240.19b-4(f)(6)(iii).
    \25\ See supra note 3.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings

to determine whether the proposed rule should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-ISE-2023-16 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to file number SR-ISE-2023-16. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://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 website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-ISE-2023-16 and should be
submitted on or before September 5, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
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    \26\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-17444 Filed 8-14-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 117 (Tuesday, June 18, 2019)]
[Notices]
[Page 28298]
[FR Doc No: 2019-12817]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR19-27-000]

Gunvor USA LLC v. Colonial Pipeline Company; Notice of Complaint

    Take notice that on June 11, 2019, pursuant to sections 1(5), 6, 8,
9, 13, 15 and 16 of the Interstate Commerce Act,\1\ section 1803 of the
Energy Policy Act of 1992 (EPAct),\2\ Rule 206 of the Rules of Practice
and Procedures of the Federal Energy Regulatory Commission
(Commission),\3\ and Rules 343.2 of the Commission's Procedural Rules
Applicable to Oil Pipeline Proceedings,\4\ Gunvor USA LLC (Complainant)
filed a formal complaint against Colonial Pipeline Company (Respondent)
challenging the just and reasonableness of (1) Respondent's cost-based
transportation rates in FERC Tariff No. 99.36.0 and predecessor
tariffs; (2) Respondent's market-based rate authority and rates charged
pursuant to that authority; and (3) Respondent's charges relating to
product loss allocation and transmix, all as more fully explained in
the complaint.
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    \1\ 49 U.S.C. App. 1(5), 6, 8, 9, 13, 15 and 16.
    \2\ Public Law 102-486, 106 Stat. 2772 (1992).
    \3\ 18 CFR 385.206 (2018).
    \4\ 18 CFR 343.2 (2018).
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    Complainant certifies that copies of the complaint were served on
the contacts for Respondent as listed on the Commission's list of
Corporate Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
``eSubscription'' link on the website that enables subscribers to
receive email notification when a document is added to a subscribed
docket(s). For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on July 11, 2019.

    Dated: June 12, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-12817 Filed 6-17-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: November 30, 2005 (Volume 70, Number 229)]
[Notices]
[Page 71826-71829]
[DOCID:fr30no05-55]

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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2005-0266; FRL-7746-3]

Dodine Reregistration Eligibility Decision; Notice of
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's Reregistration
Eligibility Decision (RED) for the pesticide dodine, and opens a public
comment period on this document. The

Agency's risk assessments and other related documents are also
available in the dodine docket. Dodine is a fungicide used primarily on
fruits and nuts and is registered for control of a range of pathogenic
fungi that affect a number of agricultural and some ornamental crops.
There are no registered residential uses of dodine. The dodine RED
addresses the tolerance reassessment for all the currently registered
uses of dodine. EPA is reviewing dodine through the public
participation process that the Agency uses to involve the public in
developing pesticide reregistration and tolerance reassessment
decisions. Through these programs, EPA is ensuring that all pesticides
meet current health and safety standards.

DATES:  Comments, identified by docket identification number (ID)
number OPP-2005-0266, must be received on or before January 30, 2006.

ADDRESSES:  Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT:  Cathryn O'Connell, Special Review and
Reregistration Division (7508C), 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, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others may also 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 person
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this
action under docket ID number OPP-2005-0266. The official public docket
consists of the documents specifically referenced in this action, any
public comments received, and other information related to this action.
Although, a part of the official docket, the public docket does not
include Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. The official public docket
is the collection of materials that is available for public viewing at
the Public Information and Records Integrity Branch (PIRIB), Rm. 119,
Crystal Mall 2, 1801 S. Bell St., Arlington, VA. This docket
facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The docket telephone number is (703) 305-
5805.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/.

     An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public

comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search,''
then key in the appropriate docket ID number.
     Certain types of information will not be placed in the EPA
Dockets. Information claimed as CBI and other information whose
disclosure is restricted by statute, which is not included in the
official public docket, will not be available for public viewing in
EPA's electronic public docket. EPA's policy is that copyrighted
material will not be placed in EPA's electronic public docket but will
be available only in printed, paper form in the official public docket.
To the extent feasible, publicly available docket materials will be
made available in EPA's electronic public docket. When a document is
selected from the index list in EPA Dockets, the system will identify
whether the document is available for viewing in EPA's electronic
public docket. Although, not all docket materials may be available
electronically, you may still access any of the publicly available
docket materials through the docket facility identified in Unit I.B.1.
EPA intends to work towards providing electronic access to all of the
publicly available docket materials through EPA's electronic public
docket.
     For public commenters, it is important to note that EPA's policy
is that public comments, whether submitted electronically or on paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
     Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.

C. How and to Whom Do I Submit Comments?

     You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket ID number in the subject line on the first page of
your comment. Please ensure that your comments are submitted within the
specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments. If you wish to submit CBI or information that is
otherwise protected by statute, please follow the instructions in Unit
I.D. Do not use EPA Dockets or e-mail to submit CBI or information
protected by statute.
    1. Electronically. If you submit an electronic comment as
prescribed in this unit, EPA recommends that you include your name,
mailing address, and an e-mail address or other contact information in
the body of your comment. Also, include this contact information on the
outside of any disk or CD ROM you submit, and in any cover letter
accompanying the disk or CD ROM. This ensures that you can be
identified as the submitter of the comment and allows EPA to contact
you in case EPA cannot read your comment due to technical difficulties
or needs further information on the substance of your comment. EPA's
policy is that EPA will not edit your comment, and any identifying or
contact information provided in the body of a comment will be included
as part of the comment that

is placed in the official public docket, and made available in EPA's
electronic public docket. 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.
    i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/
, and follow the online instructions for submitting comments.

Once in the system, select ``search,'' and then key in docket ID number
OPP-2005-0266. The system is an ``anonymous access'' system, which
means EPA will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by e-mail to<EMAIL_ADDRESS>
Attention: Docket ID number OPP-2005-0266. In contrast to EPA's
electronic public docket, EPA's e-mail system is not an ``anonymous
access'' system. If you send an e-mail comment directly to the docket
without going through EPA's electronic public docket, EPA's e-mail
system automatically captures your e-mail address. E-mail addresses
that are automatically captured by EPA's e-mail system are included as
part of the comment that is placed in the official public docket, and
made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.C.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
    2. By mail. Send your comments to: Public Information and Records
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001, Attention: Docket ID number OPP-2005-0266.
    3.  By hand delivery or courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB), Office of Pesticide
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
2, 1801 S. Bell St., Arlington, VA, Attention: Docket ID
number OPP-2005-0266. Such deliveries are only accepted during the
docket's normal hours of operation as identified in Unit I.B.1.

D. How Should I Submit CBI to the Agency?

     Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI on disk or CD ROM,
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 CBI). Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
     In addition to one complete version of the comment that includes
any 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 and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person listed under FOR FURTHER INFORMATION CONTACT.

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

     You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that
support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket
ID number in the subject line on the first page of your response. It
would also be helpful, if you provided the name, date, and Federal
Register citation related to your comments.

II. Background

A. What Action is the Agency Taking?

     Under section 4 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to
ensure that they meet current scientific and regulatory standards. EPA
has completed a Reregistration Eligibility Decision (RED) for the
pesticide, dodine under section 4(g)(2)(A) of FIFRA. Dodine is a
fungicide used primarily on fruits and nuts and is registered for
control of a range of pathogenic fungi that affect a number of
agricultural and some ornamental crops. There are no registered
residential uses of dodine. The dodine RED addresses the tolerance
reassessment for all the currently registered uses of dodine. Another
active ingredient of similar chemical composition and properties,
dodecylguanidine hydrochloride (DGH), is included with dodine in case
number 0161. DGH has only antimicrobial uses, some of which may occur
in a residential environment, i.e., treatment of paper that comes into
contact with food, paint additives, and anti-bacterial treatment of
diapers. Because of the similarity of these compounds, EPA has
considered the contribution to overall risk of the DGH uses in its
aggregate assessment for dodine. However, the RED for the antimicrobial
uses of DGH will be issued at a later date.
     EPA has determined that the data base to support reregistration is
substantially complete and that products containing dodine are eligible
for reregistration provided the risks are mitigated in the manner
described in the RED. Upon submission of any required product-specific
data under section 4(g)(2)(B) and any necessary changes to the
registration and labeling (either to address concerns identified in the
RED or as a result of product-specific data), EPA will make a final
reregistration decision under section 4(g)(2)(C) for products
containing dodine.
     EPA must review tolerances and tolerance exemptions that were in
effect when the Food Quality Protection Act was enacted in August 1996,
to ensure that these existing pesticide residue limits for food and
feed commodities meet the safety standard established by the new law.
Tolerances are considered reassessed once the safety finding has been
made or a revocation occurs. EPA has reviewed and made the requisite
safety finding for the dodine tolerances included in this notice.
     EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance reassessment. The
Agency's Pesticide Tolerance Reassessment and Reregistration; Public
Participation Process, published in the Federal Register on May 14,
2004, (69 FR 26819)(FRL-7357-9) explains that in

conducting these programs, EPA is tailoring its public participation
process to be commensurate with the level of risk, extent of use,
complexity of issues, and degree of public concern associated with each
pesticide. Due to its uses, risks, and other factors, dodine was
reviewed through a modified process. Through this process, EPA worked
extensively with stakeholders and the public to reach the regulatory
decisions for dodine.
     The reregistration program is being conducted under
Congressionally mandated time frames, and EPA recognizes the need both
to make timely decisions and to involve the public. The Agency is
issuing the dodine RED for public comment. This comment period is
intended to provide an opportunity for public input and a mechanism for
initiating any necessary amendments to the RED. All comments should be
submitted using the methods in Unit I. of the SUPPLEMENTARY
INFORMATION, and must be received by EPA on or before the closing date.
These comments will become part of the Agency Docket for dodine.
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 in the Docket and electronic EDOCKET. If any comment
significantly affects the document, EPA will also publish an amendment
to the RED in the Federal Register. In the absence of substantive
comments requiring changes, the dodine RED will be implemented as it is
now presented.

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

     Section 4(g)(2) of FIFRA as amended directs that, after submission
of all data concerning a pesticide active ingredient, the Administrator
shall determine whether pesticides containing such active ingredient
are eligible for reregistration, before calling in product-specific
data on individual end-use products and either reregistering products
or taking other ``appropriate regulatory action.''
     Section 408(q) of the Federal Food, Drug, and Cosmetic Act
(FFDCA), 21 U.S.C. 346a(q), requires EPA to review tolerances and
exemptions for pesticide residues in effect as of August 2, 1996, to
determine whether the tolerance or exemption meets the requirements of
section 408(b)(2) or (c)(2) of FFDCA. This review is to be completed by
August 3, 2006.

List of Subjects

     Environmental protection, Pesticides and pests.

    Dated: November 16, 2005.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 05-23420 Filed 11-29-05; 8:45 am]

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[Federal Register Volume 78, Number 154 (Friday, August 9, 2013)]
[Notices]
[Page 48668]
[FR Doc No: 2013-19239]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EL13-82-000; QF89-198-008]

Kalaeloa Partners, LP; Notice of Filing

    Take notice that on August 1, 2013, Kalaeloa Partners, L.P.
(Kalaeloa) filed a petition for recertification as a qualifying
cogeneration facility, pursuant to section 292.205(a) of the Federal
Energy Regulatory Commission's (Commission) regulations, 18 CFR
292.205(a). Kalaeloa also requests a limited waiver of the Commission's
qualifying cogeneration facility operating and efficiency standard
requirements for its facility for year 2013.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on August 22, 2013.

    Dated: August 2, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-19239 Filed 8-8-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Rules and Regulations]
[Pages 51711-51713]
[FR Doc No: 2023-15848]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2023-0197; FRL-10826-02-R7]

Air Plan Approval; State of Missouri; Construction Permits by
Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Missouri State Implementation Plan (SIP) received on
August 4, 2022. The submission removes a provision in the Missouri
regulation ``Construction Permits By Rule'' that allows the burning of
illegal and waste pharmaceutical drugs in crematories and animal
incinerators. In the previous revision, submitted to EPA on March 7,
2019, EPA approved selected revisions of the rule but did not act on a
portion of the revision that included the disposal of pharmaceuticals
in crematories and animal incinerators because it conflicted with
federal requirements on the incineration of illegal and waste
pharmaceuticals. By removing the conflicting language, approval of
these revisions ensures consistency between State and federally
approved rules. These revisions along with other minor text changes are
administrative in nature and do not impact the stringency of the SIP or
air quality. The EPA's approval of this rule revision is in accordance
with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on September 5, 2023.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2023-0197. All documents in the docket are
listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., 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 through www.regulations.gov or
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Steven Brown, Environmental Protection
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219; telephone number:<PHONE_NUMBER>;
email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.

Table of Contents

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The EPA is approving a SIP revision submitted by the State of
Missouri on August 4, 2022. Missouri requested the EPA to approve
revisions to 10 Code of State Regulations (CSR) 10-6.062 in the
Missouri SIP. The state has revised the rule to remove a provision in
the Missouri regulation, ``Construction Permits By Rule'' that allowed
the burning of illegal and waste pharmaceutical drugs in crematories
and animal incinerators. In the previous revision, submitted to EPA on
March 7, 2019, and in a final rulemaking, EPA approved selected
revisions of the rule but did not act on a portion of the revision that
included the disposal of pharmaceutical drugs because it conflicted
with federal requirements on the incineration of illegal and waste
pharmaceuticals. After review and analysis of the revisions, the EPA
concluded that these changes do not have adverse effects on air
quality. The full text of these changes can be found in the State's
submission, which is included in the docket for this action. The EPA's
analysis of the revisions can be found in the technical support
document (TSD), also included in the docket.

II. Have the requirements for approval of a SIP revision been met?

    The State submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
State provided public notice on this SIP revision from 12/01/2021 to 2/
03/2022 and received no comments. The EPA's Notice of Proposed
Rulemaking (NPRM) and supporting information contained in the docket
were made available for public comment from May 22, 2023, to June 21,
2023 (88 FR 32715).
    The EPA received one comment. The commenter did not support the
incineration of illegal and waste pharmaceuticals because of the
potential negative human health and environmental impacts. The state
removed the language in the rule allowing the incineration of illegal
and waste pharmaceuticals. Therefore, the rule is consistent with
federal regulations and EPA is able to approve this revision. The
comment is included in the docket.
    In addition, as explained above and in more detail in the TSD,
which is part of this docket, the revision meets the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.

III. What action is the EPA taking?

    The EPA is taking final action to amend the Missouri SIP by
approving the State's revisions to rule 10-6.062 ``Construction Permits
By Rule.'' Approval of these revisions will ensure consistency between
State and federally approved rules. As described in the NPRM (88 FR
32715), and the TSD, the EPA has determined that these changes meet the
requirements of the Clean Air Act and will not adversely impact air
quality or the stringency of the SIP.

IV. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the
Missouri rule 10 CSR 10-6.062, state effective date July 30, 2022,
which regulates the process by which sources can be exempt from 10 CSR
10-6.060 Construction Permits Required. The EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and at the EPA Region 7 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
    Therefore, these materials have been approved by the EPA for
inclusion in the State Implementation Plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of the EPA's approval, and will be incorporated by reference
in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968, May 22, 1997.

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V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
    Missouri did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this action.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
    This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 3, 2023. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

    Dated: July 21, 2023.
Meghan A. McCollister,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart AA--Missouri

0
2. In Sec.  52.1320, the table in paragraph (c) is amended by revising
the entry ``10-6.062'' to read as follows:

Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                              State
      Missouri citation                  Title           effective date     EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
10-6.062.....................  Construction Permits by        7/30/2022  8/4/2023, [insert
                                Rule.                                     Federal Register
                                                                          citation].

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

* * * * *
[FR Doc. 2023-15848 Filed 8-3-23; 8:45 am]
BILLING CODE 6560-50-P