[Federal Register: March 9, 2007 (Volume 72, Number 46)]
[Notices]
[Page 10808-10809]
[DOCID:fr09mr07-141]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55387; File No. SR-NYSE-2007-23]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Rule 15A.50 Clarifying the Circumstances Under Which the Exchange
Will Automatically Route Orders to Other Market Centers to Prevent
Trade-Throughs, and Rename Rule 15A

March 2, 2007.
    Pursuant to Section 19(b)(1)\1\ of the Securities Exchange Act of
1934 (the ``Act'')\2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on March 1, 2007, the New York Stock Exchange LLC (``NYSE''
or the ``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 Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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 is proposing to amend Rule 15A.50 to describe how
trade-throughs will be prevented on the Exchange in conformance with
the Order Protection Rule (``OPR'')\4\ of Regulation National Market
System (``Reg. NMS'')\5\ beginning on the Trading Phase Date of Reg.
NMS,\6\ and to rename Rule 15A the ``Order Protection Rule.''
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    \4\ 17 CFR 242.611.
    \5\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496 (June 29, 2005).
    \6\ The Trading Phase Date is currently March 5, 2007.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for 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 NYSE proposes to amend Rule 15A.50 to reflect the circumstances
under which the Exchange will automatically route orders to other
market centers to prevent trade-throughs\7\ on its market, beginning on
the Trading Phase Date of Reg. NMS. The avoidance of trade-throughs on
the Exchange has been governed by Section 8(d)(i) (Order Protection--
Trade Throughs; Locked Markets) and the related provisions of Section B
of the ITS Plan, and NYSE Rule 15A (ITS ``Trade-Throughs'' And ``Locked
Markets''), implemented as a function of the Exchange's participation
in the ITS Plan. Presently, NYSE Rule 15A.50 describes the
circumstances under which the Exchange will route orders to other
market centers to avoid trade throughs according to parameters
established by the ITS Plan. However, it is expected that the
termination of the ITS Plan will coincide with the Trading Phase Date.
More significantly, the Exchange is required to fully operate a Reg.
NMS-compliant trading system, which includes compliance with Rule 611
of Reg. NMS,\8\ no later than the Trading Phase Date in order to
qualify NYSE quotations for trade-through protection beginning with the
Pilot Stocks Phase and beyond.\9\
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    \7\ As defined in Reg. NMS, a ``trade-through'' is the
``purchase or sale of an NMS stock during the regular trading hours,
either as principal or agent, at a price that is lower than a
protected bid or higher than a protected offer.'' 17 CFR
242.600(b)(77).
    \8\ 17 CFR 242.611.
    \9\ The Pilot Stocks Phase is currently set to begin on July 9,
2007.
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    The Exchange notes that it completed Phase IV of the Hybrid
MarketSM rollout on February 28, 2007.
    The rule amendment proposed herein is intended to conform Rule
15A.50 in recognition of certain Phase IV changes that were made to
Exchange trading systems to be consistent with the requirements of Rule
611 of Reg. NMS,\10\ as well as the elimination of the ITS Plan.
Specifically, the amendment seeks to update NYSE Rule 15A.50 to
describe the conditions under which the

Exchange will automatically route orders to other markets to prevent
trade-throughs beginning on the Trading Phase Date. Further, the filing
seeks to rename NYSE Rule 15A from ``ITS `Trade-Throughs' And `Locked
Markets' '' to ``Order Protection Rule.''\11\
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    \10\ 17 CFR 242.611.
    \11\ NYSE Rule 19 governs locking or crossing protected
quotations in NMS stocks. Additionally, a forthcoming filing will
propose conforming changes to NYSE rules to reflect the elimination
of the ITS Plan.
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    In addition, the NYSE has requested from the Commission limited no-
action relief with respect to the Exchange's obligation to route
orders, in accordance with amended Rule 15A.50, proposed herein, to
protected quotations, as defined in Rule 600(b)(57) under the Act,\12
\of NASD ADF participants and the International Stock Exchange, LLC
beginning on Reg. NMS's Trading Phase Date until April 5, 2007.\13\
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    \12\ 17 CFR 242.600(b)(57).
    \13\ See Letter from Mary Yeager, Assistant Secretary, NYSE, to
Nancy M. Morris, Secretary, Commission, dated March 1, 2007.
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2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \14\ 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.
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    \14\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    The Exchange 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

    The proposed rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \15\ and Rule 19b-4(f)(6) thereunder \16\
because the proposal does not: (i) Significantly affect the protection
of investors or the public interest; (ii) impose any significant burden
on competition; and (iii) become operative for 30 days from the date on
which it was filed, or such shorter time as the Commission may
designate if consistent with the protection of investors and the public
interest.\17\ NYSE has requested that the Commission waive the 30-day
operative delay. The Commission believes that such waiver is consistent
with the protection of investors and the public interest because the
proposed rule change will allow the Exchange to implement, without
delay, its amended Rule 15A.50 to specify the circumstances under which
the Exchange will automatically route orders to other market centers to
prevent trade-throughs on its market beginning on March 5, 2007, which
marks the Trading Phase Date of Regulation NMS and the expected
termination of the ITS Plan. Accordingly, the Commission hereby
designates the proposed rule change to be operative on March 5,
2007.\18\
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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ Rule 19b-4(f)(6)(iii) under the Act requires that a self-
regulatory organization submit to the Commission 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 filing of the proposed rule
change, or such shorter time as designated by the Commission. NYSE
has satisfied the pre-filing requirement.
    \18\ For purposes only of waiving the 30-day operative delay of
the proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. See 15
U.S.C. 78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.\19\
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    \19\ 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-2007-23 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-2007-23. 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. Copies of the
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSE-2007-23 and should be submitted on or before March
30, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-4186 Filed 3-8-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: November 30, 2010 (Volume 75, Number 229)]
[Notices]
[Page 74121-74123]
[DOCID:fr30no10-144]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63364; File No. SR-BX-2010-078]

Self-Regulatory Organizations; NASDAQ OMX BX; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Extending the Pilot
Period for Boston Options Exchange To Receive Inbound Routes of Orders
From Nasdaq Options Services

November 23, 2010.
    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 November 17, 2010, NASDAQ OMX BX (the ``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 Exchange. The Exchange has
designated the proposed rule change as constituting a non-controversial
rule change under Rule 19b-4(f)(6) under the Act,\3\ which renders the
proposal effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange submits this proposed rule change to extend the pilot
period of the Exchange's prior approval for Boston Options Exchange
(``BOX'') to receive inbound routes of certain option orders from
Nasdaq Options Services, LLC (``NOS'') through May 18, 2011.

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
    Currently, NOS is the approved outbound routing facility of the
NASDAQ Exchange for NOM, providing outbound routing from NOM to other
market centers.\4\ The Exchange and the NASDAQ Exchange have previously
adopted rules to permit BOX to receive inbound routes of certain option
orders by NOS in its capacity as an order routing facility of the
NASDAQ Exchange for NOM.\5\ The Exchange specifically has adopted a
rule to prevent potential informational advantages resulting from the
affiliation between BOX and NOS, as related to NOS's authority to route
certain orders from NOM to BOX without checking the NOM book prior to
routing.\6\ NOS's authority to route these orders to BOX is subject to
a pilot period ending November 17, 2010.\7\ The Exchange hereby seeks
to extend the previously approved pilot period (with the attendant
obligations and conditions) for an additional 6 months, through May 18,
2011.
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    \4\ NOM Rule Chapter VI, Section 11(c). Under NOM Rule Chapter
VI, Section 11(c): (1) NOM routes orders in options via NOS, which
serves as the sole ``routing facility'' of NOM; (2) the sole
function of the routing facility is to route orders in options to
away markets pursuant to NOM rules, solely on behalf of NOM; (3) NOS
is a member of an unaffiliated self-regulatory organization, which
is the designated examining authority for the broker-dealer; (4) the
routing facility is subject to regulation as a facility of the
NASDAQ Exchange, including the requirement to file proposed rule
changes under Section 19 of the Act; (5) use of NOS to route order
to other market centers is optional; (6) NOM must establish and
maintain procedures and internal controls reasonably designed to
adequately restrict the flow of confidential and proprietary
information between the NASDAQ Exchange and its facilities
(including the routing facility), and any other entity; and (7) the
books, records, premises, officers, directors, agents, and employees
of the routing facility, as a facility of the NASDAQ Exchange, shall
be subject at all times to inspection and copying by the NASDAQ
Exchange and the Commission.
    \5\ See Securities Exchange Act Release No. 60349 (July 20,
2009), 74 FR 37071 (July 27, 2009) (SR-BX-2009-035); Securities
Exchange Act Release No. 60354 (July 21, 2009), 74 FR 37074 (July
27, 2009) (SR-NASDAQ-2009-065).
    \6\ See Chapter XXXIX, Section 2(c) of the Grandfathered Rules
of the Exchange.
    \7\ See Securities Exchange Act Release No. 62555 (July 22,
2010), 75 FR 44835 (July 29, 2010) (SR-BX-2010-051).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\8\ in general, and with
Section 6(b)(5) of the Act,\9\ in particular, in that the proposal 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. Specifically,
the proposed rule change will allow BOX to continue receiving inbound
routes of equities orders from NOS, acting in its capacity as a
facility of the NASDAQ Exchange, in a manner consistent with prior
approvals and established protections. The Exchange believes that
extending the previously approved pilot period for three [sic] months
is of sufficient length to permit both the Exchange and the Commission
to assess the impact of the Exchange's authority to permit BOX to
receive direct inbound routes of certain option orders via NOS
(including the attendant obligations and conditions).
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 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

    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 rule change does not: (1) Significantly
affect the protection of investors or the public interest; (2) impose
any significant burden on competition; and (3) become operative for 30
days after the date of this filing, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under 19b-4(f)(6) normally may not
become operative prior to 30 days after the date of filing.\12\
However, Rule 19b-4(f)(6)(iii) \13\ 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 requested that the
Commission waive the 30-day operative delay. The Exchange notes that
the proposal will allow BOX to continue receiving inbound routes of
equities orders from NOS, in a manner consistent with prior approvals
and established protections, while also permitting the Exchange and the
Commission to assess the impact of the pilot.\14\ 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 allow the

pilot period to be extended without interruption delay through May 18,
2011. For this reason, the Commission designates the proposed rule
change to be operative upon filing with the Commission.\15\
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    \12\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires that a self-regulatory organization submit to
the Commission 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 filing
of the proposed rule change, or such shorter time as designated by
the Commission. The Exchange has satisfied this requirement.
    \13\ Id.
    \14\ See supra Section II.A.2.
    \15\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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.

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-BX-2010-078 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2010-078. 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 Web site viewing and
printing in the Commission's Public Reference Room 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 Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-BX-
2010-078 and should be submitted on or before December 21, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-30035 Filed 11-29-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 12, 2006 (Volume 71, Number 8)]
[Notices]
[Page 2034-2035]
[DOCID:fr12ja06-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-156-000]

Florida Gas Transmission Company; Notice of Filing

December 30, 2005.
    Take notice that on December 28, 2005, Florida Gas Transmission
Company (FGT) submitted for filing pursuant to section 19.1 of the
general terms and conditions of its FERC Gas Tariff, Third Revised
Volume No. 1, schedules detailing certain information related to it
Cash-Out Mechanism, Fuel Resolution Mechanism and Balancing Tools
charges for the accounting months October 2004 through September 2005.
FGT further states that no tariff changes are proposed.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing 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. Such protests
must be filed in accordance with the provisions of Section 154.210 of
the Commission's regulations (18 CFR 154.210). Anyone filing a protest
must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest 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 e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-177 Filed 1-11-06; 8:45 am]

BILLING CODE 6717-01-P


Norwegian Pollution Control Authority. 2010. Impact Assessment of Regulating Perfluorooctanoic acid and Individual PFOA Salts and Esters in Consumer Products (PFOA) 2010.
   OECD. 2002. Organization for Economic Cooperation and Development (OECD), Environment Directorate. Hazard Assessment of Perfluorooctane Sulfonate (PFOS) and its Salts, ENV/JM/RD(2002)17/FINAL. November, 21, 2002
   OPM. 2012. Office of Personnel Management, "Salary Table 2012-DCB, Washington Baltimore Northern Virginia, DC-MD-PA-VA-WV." Available at http://www.opm.gov/oca/12tables/pdf/DCB.pdf.
   OSPAR. 2006. Hazardous Substance Series: Perfluorooctane Sulphonate (PFOS). OSPAR Commission 2005 (2006 Update).
   Sleemi, F. 2006. U.S. Bureau of Labor Statistics, "Employment Cost Index Publication Plans". Monthly Labor Review. 129(4), April 2006. Available at www.bls.gov/opub/mlr/2006/04/art2full.pdf
   U.S. Postal Service (U.S. PS). 2012. "Prices". Accessed January, 2012. Available at http://www.usps.com/prices/.
   Vierke, L., C. Staude, A. Biegel-Engler, W. Drost, and C. Schulte. 2012. Perfluorooctanoic acid (PFOA)  --  Main Concerns and Regulatory Developments in Europe from an Environmental Point of View. Environmental Sciences Europe. 24(16).
   Weinstein, H. and M.A. Loewenstein. 2004. U.S. Bureau of Labor Statistics. Comparing Current and Former Industry and Occupation ECEC Series. Originally posted August 25, 2004. Available at http://www.bls.gov/opub/cwc/cm20040823ar01p1.htm

 -  Inflators and Wage Rates
This appendix describes the derivation of the fully loaded labor rates and inflation factors used in calculating costs of labor, materials, and other inputs. Costs presented in this report are in 2011 dollars.
A.1	Derivation of Loaded Wage Rates
Unit labor costs are calculated by adding fringe benefits and overhead to the wage or salary to derive a fully loaded labor cost. The basic method is described in Wage Rates for Economic Analysis of the Toxics Release Inventory Program (EPA, 2002b). The resulting loaded labor rates are given in Exhibit 7-1. Costs are calculated for several labor categories: Managerial, Professional/Technical, Clerical, and EPA staff.
In March 2004, BLS began using the North American Industry Classification System (NAICS) codes instead of the Standard Industrial Classification (SIC) System, and the Standard Occupational Classification (SOC) system instead of the Occupational Classification System (OCS). The following table shows the crosswalk between old and new occupational titles.
EPAB Reports Labor Category
BLS Old Title (OCS)
BLS New Title (SOC)
Managerial
Executive, administrative, and managerial
Management, business, and financial
Professional/Technical
Professional specialty and technical
Professional and related
Clerical
Administrative support, including clerical
Office and administrative support
Source: Employer Costs for Employee Compensation: Changes to NAICS and SOC, Table 2. ECEC Occupational Comparability between SOC and OCS (BLS, 2006a and Weinstein, 2004).
A.1.1	Derivation of Labor Rates for Managerial, Professional/Technical, and Clerical Labor
Wages and fringe benefits for managerial, professional/technical, and clerical labor were taken from the Bureau of Labor Statistics (BLS) Employer Costs for Employee Compensation (ECEC) data, for December 2012, for manufacturing industries.
The cost of fringe benefits such as paid leave and insurance, specific to each labor category, are taken from the same ECEC series. Fringe benefits as a percent of wages are calculated separately for each labor category. For example, for December 2012, the average wage rate for professional/technical labor was $38.53; the average fringe benefit was $19.30. Fringe benefits as a percent of wages were $19.30/$38.53, or approximately 50.09 percent
An additional loading factor of 17 percent is applied to wages to account for overhead. This approach is used for consistency with Office of Pollution Prevention and Toxics economic analyses for two major rulemakings: Wage Rates for Economic Analyses of the Toxics Release Inventory Program (EPA, 2002b), and the Revised Economic Analysis for the Amended Inventory Update Rule: Final Report (EPA, 2002a). This overhead loading factor is added to the benefits loading factor, and the total is then applied to the base wage to derive the fully loaded wage. For example, the December 2012 fully loaded wage for professional/technical labor is $38.53 x (1+0.5009 + 0.17) = $64.38..
Fully loaded costs for managerial and clerical labor are calculated in a similar manner, as shown in Exhibit 7-1.
A.1.2	Derivation of Labor Rates for EPA Staff
Agency labor costs are calculated based on annual Federal salaries for the Washington-Baltimore area published by the Office of Personnel Management effective January 2012 (OPM, 2012). The average salary for one FTE staff member is estimated as the salary for a GS-13 Step 5 employee.
Multiplying the annual pay by an assumed loading factor of 1.6 to reflect Federal fringe benefits and overhead, the loaded annual salary of EPA staff was calculated to be $161,446.
The Agency loading factor is from an EPA guide, Instructions for Preparing Information Collection Requests (ICRs) (EPA, 1992, page 30, footnote 9). The 60 percent assumption was labeled "the benefits multiplication factor" in the EPA Guide, but has been used in many EPA Office of Pollution Prevention and Toxics ICRs to reflect both fringe benefits and overhead for Federal staff. For example, it was used in an August 2000 document supporting ICR No. 1139.06 (EPA, 2000), with the following explanation:
The annual costs per FTE are derived by multiplying the annual pay rate by 1.6 (the benefits multiplication factor). The multiplication factor used is recommended in EPA's Office of Policy, Planning, and Evaluation's Instructions for Preparing Information Collection Requests (ICRs) (June 1, 1992). An EPA internal phone call between Carol Rawie (OPPT/EETD/RIB) and Carl Koch (OPPE/RMD/IMB) on May 3, 1994, indicated that the 1.6 factor included not only benefits but also overhead. (ICR No.1139.06)

Exhibit 7-1:	Derivation of Loaded Wage Rates
EPAB Labor Category
Data Source
Date

Wage
Fringe Benefit
Fringes as % Wage
Overhead % Wage[2]
Fringe + Overhead Factor
Loaded Wages[1]

(a)
(b)
(c) =(b)/(a)
(d)
(e)=(c)+(d)+1
(f)=(a) x (e)
Managerial
BLS ECEC, Private Manufacturing industries, "Mgt, Business, and Financial"[3]
                                    Dec-12
                                    $43.95
                                    $21.45
                                    48.81%
                                      17%
                                     1.66
                                    $72.87
Professional/
Technical
BLS ECEC, Private Manufacturing industries, "Professional and related"[3]
                                    Dec-12
                                    $38.53
                                    $19.30
                                    50.09%
                                      17%
                                     1.67
                                    $64.38
Clerical
BLS ECEC, Private Manufacturing industries, "Office and Administrative Support"[3]
                                    Dec-12
                                    $17.64
                                    $8.87
                                    50.28%
                                      17%
                                     1.67
                                    $29.51

EPA staff FTE
Annual Federal staff cost: OPM Washington-Baltimore-Northern Virginia, DC-MD-PA-VA-WV, area, GS-13 Step 5 pay rates, with 60% overhead[4]
                                    Jan-12
                                    $48.51
                                      --
                          [Included in 60% overhead]
                                      60%
                                      1.6
                                    $77.62
Notes:
[1]Wage data are rounded to the closest penny; however, unrounded values were used in calculations.
[2]An overhead rate of 17 percent was used based on assumptions in Wage Rates for Economic Analyses of the Toxics Release Inventory Program (EPA, 2002b), and the Revised Economic Analysis for the Amended Inventory Update Rule: Final Report (EPA, 2002a).
[3]Employer Costs for Employee Compensation Supplementary Tables December 2012, U.S. Bureau of Labor Statistics, March 18, 2013 (BLS, 2013a).
[4]The Federal salary is the unloaded Federal GS-13 Step 5 salary ($100,904 divided by 2,080 hours to get the hourly wage rate in the table) for 2012, from the Office of Personnel Management salary table for Washington-Baltimore-Northern Virginia (OPM, 2012). The 60% fringes-and-overhead rate is from an EPA guide, Instructions for Preparing Information Collection Requests (ICRs) (EPA, 1992, page 30, footnote 9).

A.2	Derivation of Inflation Factors
Detailed information on the derivation of the inflation factors used is presented in Exhibit 7-2. In 2006, the Bureau of Labor Statistics (BLS) made several changes to the Employment Cost Index. The changes are described on a BLS web page, "Change has come to the ECI," (BLS, 2006c) and in several April 2006 Monthly Labor Review articles posted on the BLS web site: "Changes affecting the Employment Cost Index: an overview" (Caroll, 2006); "Employment Cost Index Publication Plans" (Sleemi, 2006); and "Seasonal adjustment in the ECI and the conversion to NAICS and SOC" (Branch, 2006).
Under a mandate from OMB, BLS changed its classification of industries and occupations from the Standard Industrial Classification (SIC) and Occupational Classification System (OCS) to the North American Industry Classification System (NAICS) and Standard Occupational Classification (SOC) system. In 2006, BLS adjusted all ECI series to reflect this change.
In addition to changing the industry and occupational classification systems, in 2006, BLS rebased the ECI from June 1989 = 100 to December 2005 = 100 for all current and historical non-seasonally adjusted series, including the NAICS and SIC based series. (Seasonally adjusted indices, including those in Exhibit 7-2 of this report, may not exactly equal 100 for December 2005 as a result of the seasonal adjustment. Seasonal adjustments are explained in Branch, 2006.)
According to BLS, the official ECI for the years 1975-2005 is the SIC-OCS based series, and for subsequent years, the official ECI is the NAICS-SOC based series (Sleemi, 2006, p.8).
"Starting year" indices in Exhibit 7-2 continue to be SIC-OCS based. Current year indices are NAICS-SOC based. We use indices from both the NAICS-SOC and the SIC-OCS based ECI series because neither series spans the entire period over which testing and other costs need to be inflated.
Exhibit 7-2: 	Derivation of Inflation Factors
Item
Inflation Index Source[1]
Starting Year
Index for Starting Year (a)
Index for 2012
(b)
Inflation Factor (b)/(a)[2]
Agency Extramural costs  Professional and  Related Private Industry
BLS ECI, Total comp, Private industry, Professional and related, 4[th] Q [BLS, 2013c] 3
                                     1993
                                      67
                                     118.2
                                     1.764
Labels, placards etc.
BLS CPI, All urban consumers, not SA.  CUUR0000SA0, Annual [BLS, 2013b]
                                     1997
                                     160.5
                                    229.594
                                     1.430
File cabinet

Photocopies
BLS CPI, All urban consumers, not SA.  CUUR0000SA0, Annual  [BLS, 2013b]
                                     1988
                                     118.3
                                    229.594
                                     1.941
Record keeping materials

Key: BLS = Bureau of Labor Statistics. CPI = Consumer Price Index. ECI = Employment Cost Index. SA = Seasonally Adjusted. Total Comp = Total Compensation (wages/salaries and benefits). 4[th] Q = Fourth Quarter.
Notes:
1 In 2006, Bureau of Labor Statistics (BLS) Employment Cost Index (ECI) series "were rebased to December 2005 = 100 from June 1989 = 100." The change is reflected in the indices in this table and explained on the BLS website, Employment Cost Index News Release Text: Employment Cost Index, March 2006 (BLS, 2006b). The Consumer Price Index (CPI) was not rebased.
"Starting year" ECI indices are SIC-OCS based: Seasonally Adjusted (SA) ECS10002I for private industry All Workers, and not SA ECU11122I for private industry Professional and Related Workers.
After 2006, ECI indices are NAICS-SOC based: Seasonally Adjusted (SA) CIS2010000000000I for private industry All Workers, and not SA CIU2010000120000I (B) for private industry Professional, and Related workers.
[2]Inflation factors are rounded; however, unrounded values were used in calculations.
[3] Beginning with the report Economic Analysis of Expedited Significant New Use Rules for 25 Chemical Substances: EPA Docket OPPT-2009-0922 (EPA, 2011b) we began to use the not-seasonally adjusted CIU2010000120000I for private industry Professional, and Related workers, instead of SA CIS2010000W00000I for private industry white collar workers because BLS retired the "white-collar" series.


[Federal Register Volume 85, Number 215 (Thursday, November 5, 2020)]
[Rules and Regulations]
[Pages 70494-70497]
[FR Doc No: 2020-23041]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2020-0112; FRL-10015-69]

Thiamine Mononitrate; Exemption From the Requirement of a
Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of thiamine mononitrate (CAS Reg. No. 532-
43-4) when used as an inert ingredient (enzyme cofactor) in pesticide
products applied to/on all growing crops pre-harvest, limited to 0.1%
(by weight) in pesticide formulations. SciReg, Inc on behalf of
Valagro, S.p.A submitted a petition to EPA under the Federal Food,
Drug, and Cosmetic Act (FFDCA), requesting an establishment of an
exemption from the requirement of a tolerance. This regulation
eliminates the need to establish a maximum permissible level for
residues of thiamine mononitrate when used in accordance with this
exemption. Vitamin B1 is also known as thiamine mononitrate. Throughout
this document and for purposes of issuing the tolerance, EPA is using
the name ``thiamine mononitrate'' to be consistent with standard agency
nomenclature for the identification of this substance.

DATES: This regulation is effective November 5, 2020. Objections and
requests for hearings must be received on or before January 4, 2021 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-2020-0112, 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>.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, 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 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://www.ecfr50/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-2020-0112 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 January 4, 2021. 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-2020-0112, 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. Petition for Exemption

    In the Federal Register of May 8, 2020 (85 FR 27346) (FRL-10008-
38), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C.
346a, announcing the filing of a pesticide petition (IN-11370) by
SciReg, Inc (12733 Director's Loop, Woodbridge, VA 22192) on behalf of
Valagro S.p.A. (Zona Industriale, Via Cagliari, 1, 66041 Atessa (CH),
Italy). The petition requested that 40 CFR be amended by establishing
an exemption from the requirement of a tolerance for residues of
vitamin B1 (thiamine mononitrate, CAS Reg. No. 532-43-4) when used as
an inert ingredient (enzyme cofactor) in pesticide products applied to/
on all growing crops pre- harvest under 40 CFR 180.920, limited to 0.1%
(by weight) in pesticide formulations. That document referenced a
summary of the petition prepared by SciReg, Inc on behalf of Valagro,
S.p.A, the petitioner, which is available in the docket, http://www.regulations.gov. There were no comments received in response to the
notice of filing.

III. Inert Ingredient Definition

    Inert ingredients are all ingredients that are not active
ingredients as defined in 40 CFR 153.125 and include, but are not
limited to, the following types of ingredients (except when they have a
pesticidal efficacy of their own): Solvents such as alcohols and
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty
acids; carriers such as clay and diatomaceous earth; thickeners such as
carrageenan and modified cellulose; wetting, spreading, and dispersing
agents; propellants in aerosol dispensers; microencapsulating agents;
and emulsifiers. The term ``inert'' is not intended to imply
nontoxicity; the ingredient may or may not be chemically active.
Generally, EPA has exempted inert ingredients from the requirement of a
tolerance based on the low toxicity of the individual inert
ingredients.

IV. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(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. Under FFDCA section 408(c)(2)(B), EPA must take
into account, among other considerations, the factors in subparagraphs
(C) and (D) of subsection (b)(2). 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 . . . .''
    EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be clearly demonstrated that the risks from
aggregate exposure to pesticide chemical residues under reasonably
foreseeable circumstances will pose no appreciable risks to human
health. In order to determine the risks from aggregate exposure to
pesticide inert ingredients, the Agency considers the toxicity of the
inert in conjunction with possible exposure to residues of the inert
ingredient through food, drinking water, and through other exposures
that occur as a result of pesticide use in residential settings. If EPA
is able to determine that a tolerance is not necessary to ensure that
there is a reasonable certainty that no harm will result from aggregate
exposure to the inert ingredient, an exemption from the requirement of
a tolerance may be established.
    Consistent with FFDCA section 408(c)(2)(A), and the factors
specified in FFDCA section 408(c)(2)(B), 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 thiamine mononitrate including
exposure resulting from the exemption established by this action. EPA's
assessment of exposures and risks associated with thiamine mononitrate
follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered their
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children. Specific information on the studies received and the nature
of the adverse effects caused by thiamine mononitrate as well as the
no-observed-adverse-effect-level (NOAEL) and the lowest-observed-
adverse-effect-level (LOAEL) from the toxicity studies can be found at
http://www.regulations.gov in the document Thiamine Mononitrate,
Vitamin B1--Human Health Risk and Ecological Effects Assessment of
Request to Amend an Existing Exemption from the Requirements of a
Pesticide Tolerance Under 40 CFR 180.920 for Food Use Inert Ingredient
in docket ID number EPA-HQ-OPP-2020-0112.
    The acute oral toxicity is low in mice treated with thiamine
mononitrate. It is mildly to irritating to the rabbit eye and not
irritating to rabbit skin. Thiamine mononitrate is a sensitizer.
    No toxicity is observed in repeated dose studies conducted with
thiamine mononitrate administered via diet and gavage to rats and mice.
Fetal susceptibility is not observed in the reproduction and
developmental toxicity studies in rats. No adverse effects are observed
in parents, offspring

or reproduction in rats treated with thiamine mononitrate at doses up
to 100 mg/kg/day. There is no concern for reproduction or developmental
toxicity since metabolism studies indicate that thiamine mononitrate
absorption declines for an intake higher than 5 mg/day and absorbed
thiamine mononitrate is actively excreted in the urine.
    Mutagenicity is not expected with thiamine mononitrate based on
available mutagenicity studies. Thiamine mononitrate is not expected to
be carcinogenic based on studies in mice.
    Neurotoxicity and immunotoxicity studies are not available for
review. However, no evidence of neurotoxicity or immunotoxicity is
observed in any of the available studies on thiamine mononitrate.

B. Toxicological Points of Departure/Levels of Concern

    The available toxicity studies indicate that thiamine mononitrate
has very low oral toxicity. An acute oral toxicity study shows the
lethal dose (LD)50 above 5,000 mg/kg in mice. Repeated dose
studies show no toxicity at doses up to 1,500 mg/kg/day. Since no
toxicity is observed, an endpoint of concern for risk assessment
purposes was not identified. EPA assessed dietary and other non-
occupational exposures qualitatively.

C. Exposure Assessment

    1. Dietary exposure from drinking water, food and feed uses. In
evaluating dietary exposure to thiamine mononitrate, EPA considered
exposure under the proposed exemption from the requirement of a
tolerance. EPA assessed dietary exposures from thiamine mononitrate in
food as follows:
    Dietary exposure (food and drinking water) to thiamine mononitrate
may occur following ingestion of foods with residues from their use in
accordance with this exemption. Dietary exposure may also occur from
its presence naturally in food, its use as a dietary supplement, and as
a direct food additive. However, a quantitative dietary exposure
assessment was not conducted since a toxicological endpoint for risk
assessment was not identified.
    2. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., textiles (clothing and diapers), carpets, swimming
pools, and hard surface disinfection on walls, floors, tables).
    Thiamine mononitrate may be used in pesticide products and non-
pesticide products that may be used in and around the home. Thiamine
mononitrate may also be found in cosmetics and personal care products.
Based on the discussion above regarding the toxicity of the thiamine
mononitrate, a quantitative residential exposure assessment for
thiamine mononitrate was not conducted.
    3. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    Based on the available data, thiamine mononitrate does not have a
toxic mechanism; therefore, section 408(b)(2)(D)(v) does not apply.

D. Safety Factor for Infants and Children

    Based on the lack of threshold effects, EPA has not identified any
toxicological endpoints of concern and is conducting a qualitative
assessment of thiamine mononitrate. The qualitative assessment does not
use safety factors for assessing risk, and no additional safety factor
is needed for assessing risk to infants and children. Based on an
assessment of thiamine mononitrate, EPA has concluded that there are no
toxicological endpoints of concern for the U.S. population, including
infants and children.

E. Aggregate Risks and Determination of Safety

    Because no toxicological endpoints of concern were identified, 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 thiamine mononitrate residues.

V. Other Considerations

Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is not establishing a numerical tolerance for residues of
thiamine mononitrate in or on any food commodities. EPA is establishing
limitations on the amount of thiamine mononitrate that may be used in
pesticide formulations applied pre-harvest. These limitations will be
enforced through the pesticide registration process under the Federal
Insecticide, Fungicide, and Rodenticide Act (``FIFRA''), 7 U.S.C. 136
et seq. EPA will not register any pesticide formulation for food use
that exceeds 0.1% by weight of thiamine mononitrate in the final
pesticide formulation.

VI. Conclusions

    Therefore, an exemption from the requirement of a tolerance is
established for residues of thiamine mononitrate (CAS Reg. No. 532-43-
4) when used as inert ingredients (enzyme cofactor) in pesticide
products applied to/on all growing crops pre-harvest under 40 CFR
180.920, limited to 0.1% (by weight) in pesticide formulations.

VII. Statutory and Executive Order Reviews

    This action establishes a tolerance exemption 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), nor is it considered a
regulatory action under Executive Order 13771, entitled ``Reducing
Regulations and Controlling Regulatory Costs'' (82 FR 9339, February 3,
2017). 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 tolerance
exemption 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).

VIII. 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: October 9, 2020.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, the EPA amends
40 CFR chapter I as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD

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.  180.920, amend the table by adding ``thiamine mononitrate''
in alphabetical order to read as follows:

Sec.  180.920   Inert ingredients used pre-harvest; exemptions from the
requirement of a tolerance.

* * * * *

------------------------------------------------------------------------
       Inert ingredients                Limits                Uses
------------------------------------------------------------------------

                              * * * * * * *
Thiamine Mononitrate (CAS Reg.  0.1% by weight in       Enzyme cofactor.
 No. 532-43-4).                  pesticide
                                 formulations.

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

[FR Doc. 2020-23041 Filed 11-4-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 205 (Wednesday, October 25, 2023)]
[Notices]
[Page 73337]
[FR Doc No: 2023-23583]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER24-71-000]

Aron Energy Prepay 30 LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Aron Energy Prepay 30 LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is November 8, 2023.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: October 19, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-23583 Filed 10-24-23; 8:45 am]
BILLING CODE 6717-01-P