[Federal Register Volume 77, Number 101 (Thursday, May 24, 2012)]
[Notices]
[Pages 31053-31055]
[FR Doc No: 2012-12619]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67026; File No. SR-Phlx-2012-68]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing of Proposed Rule Change, as Modified by Amendment No. 1, by
NASDAQ OMX PHLX LLC To Accept Inbound Orders From NASDAQ OMX BX's New
Options Market

 May 18, 2012.
    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 May 15, 2012, NASDAQ OMX PHLX LLC (``Exchange'' or ``PHLX'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Item I below, which Item has been
prepared by the Exchange. On May 17, 2012, the Exchange submitted
Amendment No. 1 to the proposed rule change.\3\ The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, the Exchange made a technical amendment
to the Item 3.a of the Form 19b-4 and Item II of Exhibit 1 in the
third bullet point, which begins with the word ``Third'' to add the
words ``the Exchange or'' in front of the word ``FINRA'' in the
second parenthetical.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to file with the Commission a proposal for
PHLX to accept inbound orders routed by NASDAQ Options Services LLC
(``NOS'') from NASDAQ OMX BX's new options market (with the attendant
obligations and conditions), as described further below, on a one year
pilot basis.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaqtrader.com/micro.aspx?id=PHLXRulefilings,
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
    In conjunction with a proposal by NASDAQ OMX BX (``BX'') to
establish a new options market and provide outbound routing services to
all markets using its affiliated routing broker, NOS,\4\ PHLX proposes
that NOS be permitted to route orders from BX to PHLX on a one year
pilot basis.
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    \4\ See SR-BX-2012-030.
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    NOS is a broker-dealer and member of PHLX, BX and The NASDAQ Stock
Market (``NASDAQ''). NOS provides all routing functions for NASDAQ \5\
and PHLX,\6\ and BX has proposed that NOS do so for BX as well.\7\
NASDAQ, PHLX, BX and NOS are affiliates. Accordingly, the affiliate
relationship between PHLX and NOS, its member, raises the issue of an
exchange's affiliation with a member of such exchange.\8\ Specifically,
in connection with prior filings, the Commission has expressed concern
that the affiliation of an exchange with one of its members raises the
potential for unfair competitive advantage and potential conflicts of
interest between an exchange's self-regulatory obligations and its
commercial interests.\9\
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    \5\ See NOM Rules Chapter VI, Section 11(e). See also Securities
Exchange Act Release No. 57478 (March 12, 2008), 73 FR 14521 (March
18, 2008) (SR-NASDAQ-2007-004 and SR-NASDAQ-2007-080).
    \6\ See Securities Exchange Act Release No. 59995 (May 28,
2009), 74 FR 26750 (June 3, 2009) (SR-Phlx-2009-32).
    \7\ See SR-BX-2012-030.
    \8\ Absent an effective filing, Exchange Rule 985(b) would
prohibit NOS from being a member of the Exchange.
    \9\ See Securities Exchange Act Release Nos. 59153 (December 23,
2008), 73 FR 80485 (SR-NASDAQ-2008-098); and 62736 (August 17,
2010), 75 FR 51861 (August 23, 2010) (SR-NASDAQ-2010-100).
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    Recognizing that the Commission has previously expressed concern
regarding the potential for conflicts of interest in instances where a
member firm is affiliated with an exchange of which it is a member,
PHLX previously proposed, and the Commission approved, limitations and
conditions on NOS's affiliation with PHLX.\10\ Also recognizing that
the Commission has expressed concern regarding the potential for
conflicts of interest in instances where a member firm is affiliated
with an exchange to which it is routing orders, PHLX previously
proposed, and the Commission approved,\11\ NOS's affiliation with PHLX
to permit PHLX to accept inbound orders that NOS routes in its capacity
as a facility of NASDAQ, subject to the certain limitations and
conditions. PHLX now proposes to accept inbound options orders that NOS
routes in its capacity as a facility of BX, subject to these same
limitations and conditions:
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    \10\ See Securities Exchange Act Release No. 59995 (May 28,
2009), 74 FR 26750 (June 3, 2009) (SR-Phlx-2009-32).
    \11\ See e.g., Securities Exchange Act Release No. 65399
(September 26, 2011), 76 FR 60955 (September 20, 2011) (SR-Phlx-
2011-111).
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     First, PHLX and the Financial Industry Regulatory
Authority (``FINRA'') will maintain a Regulatory Contract, as well as
an agreement pursuant to Rule 17d-2 under the Act (``17d-2
Agreement'').\12\ Pursuant to the Regulatory Contract and the 17d-2
Agreement, FINRA will be allocated regulatory responsibilities to
review NOS's compliance with certain PHLX rules.\13\ Pursuant to the
Regulatory Contract, however, PHLX retains ultimate responsibility for
enforcing its rules with respect to NOS.
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    \12\ 17 CFR 240.17d-2.
    \13\ NOS is also subject to independent oversight by FINRA, its
designated examining authority, for compliance with financial
responsibility requirements.
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     Second, FINRA will monitor NOS for compliance with PHLX's
trading rules, and will collect and maintain certain related
information.\14\
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    \14\ Pursuant to the Regulatory Contract, both FINRA and PHLX
will collect and maintain all alerts, complaints, investigations and
enforcement actions in which NOS (in its capacity as a facility of
BX routing orders to PHLX) is identified as a participant that has
potentially violated applicable Commission or Exchange rules. PHLX
and FINRA will retain these records in an easily accessible manner
in order to facilitate any potential review conducted by the
Commission's Office of Compliance Inspections and Examinations.
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     Third, FINRA will provide a report to PHLX's chief
regulatory officer (``CRO''), on a quarterly basis, that: (i)
Quantifies all alerts (of which the Exchange or FINRA is aware) that
identify NOS as a participant that has potentially violated Commission
or Exchange rules, and (ii) lists all investigations that identify NOS
as a participant that has potentially violated Commission or Exchange
rules.
     Fourth, PHLX has in place PHLX Rule 985, which requires
NASDAQ OMX, as the holding company owning both PHLX and NOS, to
establish and maintain procedures and internal controls reasonably
designed to ensure that NOS does not develop or implement changes to
its system, based on non-public information obtained regarding planned
changes to PHLX's systems as a result of its affiliation with PHLX,
until such information is available generally to similarly situated
Exchange members, in connection with the provision of inbound order
routing to PHLX.
     Fifth, PHLX proposes that the routing of orders from NOS
to PHLX, in NOS's capacity as a facility of BX be authorized for a
pilot period of one year.
    PHLX believes that the above-listed conditions protect the
independence of PHLX's regulatory responsibility with respect to NOS,
and that these mitigate the aforementioned concerns about potential
conflicts of interest and unfair competitive advantage.
2. Statutory Basis
    PHLX believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act,\15\ in general, and with Section
6(b)(5) of the Act,\16\ 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, because the proposed rule
change will allow PHLX to receive inbound routes of orders from NOS,
acting in its capacity as a facility of BX, in a manner consistent with
prior approvals and established protections. PHLX believes that the
proposed conditions establish mechanisms that protect the independence
of PHLX's regulatory responsibility with respect to NOS, as well as
ensure that NOS cannot use any information it may have because of its
affiliation with PHLX to its advantage.
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    \15\ 15 U.S.C. 78f.
    \16\ 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 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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    A. By order approve or disapprove such proposed rule change; or
    B. Institute proceedings to determine whether the proposed rule
change should be 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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2012-68 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-Phlx-2012-68. 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 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, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2012-68 and should be
submitted on or before June 14, 2012.
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    \17\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-12619 Filed 5-23-12; 8:45 am]
BILLING CODE 8011-01-P


Page 1 of 4 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 OFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES July 5, 2006 MEMORANDUM SUBJECT: Piperonyl Butoxide: Addendum to Occupational and Residential Exposure Assessment: DP Barcode D327790 FROM: Becky Daiss Environmental Health Scientist Reregistration Branch 4/ HED ( 7509C)

THROUGH: Susan Hummel Branch Senior Scientist Reregistration Branch 4/ HED ( 7509C)

TO: Cathryn O'Connell Chemical Review Manager Reregistration Branch 2 Reregistration Division ( 7505C)

This addendum provides quantitative assessments for exposures to piperonyl butoxide from 1) indoor metered release systems, 2) indoor application of piperonyl butoxide with handheld fogging equipment, and 3) mixing loading and applying piperonyl butoxide for forrest management. It also characterizes potential risks from long term application of piperonyl butoxide by Pesticide Control Operators ( PCO). Page 2 of 4 Indoor Residential Metered Release Misters Absent exposure data for these uses, indoor concentrations of piperonly butoxide resulting from the use of the compact metered release units in homes were modeled using MCCEM. Single chamber modeling was used to determine the air concentrations that would result from a whole house installation of multiple compact units. Multi zone modeling was used to determine the air concentrations that would result from the installation of a compact unit in one room of the house such as the kitchen. In both cases the emissions source was defined in the data entry screen of MCCEM as one emission that lasts for a minute and which occurs every fifteen minutes. The emission rates were 111 mg/ hr for one minute for the whole house scenario and 46 mg/ hr for one minute for the kitchen only scenario ( MCCEM requires that the emission be expressed as units per hour). Because the units run continuously for thirty days before the cartridge needs to be changed, it is assumed that exposures could occur at steady state concentrations, therefore, the steady state concentrations were used for exposure assessment. The piperonyl butoxide short/ intermediate term MOEs for indoor residential metered release ( i. e. aerosol dispensers) range from 12 to 240. Estimated MOEs for this scenario are all below the target MOE of 300.

Piperonyl Butoxide Residential Post Application Inhalation Risks Following Metered Release Exposed Population MCCEM Execution Mode Application Rate ( lb ai/ 1000 cf/ day) Initial Concentration ( mg/ m3) Air Changes per HourF Steady State Air Concentration ( mg/ m3) Inhalation ExposureJ ( mg/ day) Inhalation DoseK ( mg/ kg/ day) Short/ Intemediate Term MOEL Adults 5.7 0.081 50 Children 0.0001375A 0.0225C 0.18 0.54G 4.7 0.313 12 Adults 3.0 0.042 90 Children Single Chamber 0.0001375A 0.0225C 0.45 0.225G 1.95 0.130 30 Adults 2.85 0.041 100 Children 0.00075B 1.25 KitchenD < 0.0005 ROHE 0.18 0.050 KitchenH 0.190 ROH 0.215 TWAI 1.85 0.123 30 Adults 1.15 0.016 240 Children Use Interzonal Air Flow Rates 0.00075B 0.025 KitchenD < 0.0005 ROHE 0.45 0.021 KitchenH 0.070 ROH 0.085 TWAI 0.75 0.050 80 A. The application rates are based upon the Clean Air Purge II Label ( 9444 161). This product contains 1% Pyrethrins by weight in a 232 gram container. One container will apply 3000 sprays per month at fifteen minute intervals and is sufficient for a 6000 cf interior space. B. Based on the use of Clean Air Purge II in the MCCEM generic kitchen which has an interior volume of 1060 cubic feet. C. Initial concentration for whole house treatment is 0.77 mg per 6000 cubic feet converted to mg/ m3 ( 6000 cf = 170 m3) D. Initial concentration for kitchen treatment is 0.77 mg per 1060 cubic feet converted to mg/ m3 ( 1060 cf = 30m3) E. ROH = Rest of House excluding the kitchen. F. The MCCEM air change rates per hour are 0.18 for the average summer house and 0.45 for the average fall/ spring house. G. Is the average concentration at steady state and was calculated using MCCEM in single chamber mode. H. Calculated using MCCEM in multi zone mode with the kitchen as zone one and the rest of house ( ROH) as zone two. I. The time weighted average ( TWA) concentration is based upon 2 hours per day in the kitchen and 22 hours per day in the rest of the house. J. Inhalation Exposure ( mg/ day) = Steady state air concentration ( mg/ m3) * breathing rate ( 13.3 m3/ day for adults and 8.7 m3/ day for children) K. Inhalation Dose ( mg/ kg/ day) = Inhalation Exposure ( mg/ day) / BW ( 70 kg for adults and 15 kg for children) L. MOE = NOAEL/ Dose; where the NOAEL is 3.91 mg/ kg/ day for short/ intermediate term exposures. Page 3 of 4 Thermal/ Cold Foggers Used for Indoor Applications Lacking exposure data for these uses, HED conducted a quantitative assessment of exposure and risk for this scenario using label application rates and the following assumptions.

 master label rate of 0.002 lb ai/ 1000 ft3 for piperonyl butoxide is applied to an indoor space.  ventilation system is turned off during application.  applicator spends 4 hours per day setting up and 4 hours per day fogging.  applicator is exposed to master label rates while fogging.  breathing rate is 16.7 liters per hour.

Based on this assessment, the daily piperonyl butoxide dose is 1.93 mg/ kg/ day. The NOAEL is 3.91 mg/ kg/ day. The resulting MOE is 2 which is significantly less than the target MOE of 300. This assessment indicates that the applicator should either operate the fogger from outside the treatment area or wear an appropriate respirator. The appropriate respirator would be need to provide a protection factor of 150X which is beyond the typical respirator normally specified on labels. Additional fogger exposure data are needed to refine this estimate.

Forestry Uses Occupation exposure and risk from forestry uses of piperonyl butoxide were assessed using the maximum master label application rate of 1.25 lb ai per acre and an upper range default assumption of 1200 acres treated per day. The estimated MOE for mixing loading activities is less than the target MOE of 300 when baseline PPE is assumed. When use of a PF5 respirator is assumed the estimated MOE is greater than the target MOE, i. e., risk are not of concern. The estimated MOE for aerial application is above the target MOE.

Piperonyl Butoxide  Occupational Exposure and Risk from Forestry Use Exposure Scenario Maximum Application Rate Amount Treated Estimated MOE Target MOE Mixing/ Loading Liquid for Aerial Application Baseline PPE 1.25 lb ai/ acre ( Master Label Rate) 1200 acres/ day upper range for forestry ( non ULV app) 60 300 PPE = PF5 Resp 1.25 lb ai/ acre 1200 acres/ day 770 300 Aerial Application Closed Cab 1.25 lb ai/ acre 1200 acres/ day 2200 300 Characterization of Potential Long Term Exposures/ Risk to Pesticide Control Operators Piperonyl butoxide is used to control a large number and a wide variety of pests and labels do not restrict or preclude repeated applications or long term use. Given the potential for multiple applications and long term use for occupational handlers, inclusion of a repeated use/ long term exposure scenario for pest control operators and mosquito abatement is considered reasonable. The results of the worker exposure assessment indicate that certain pest control operator scenarios ( i. e., mixing/ loading/ applying and/ or aerosol application) result in MOEs less than the target MOE of 1000 for long term exposure. However, it is important to note that for Page 4 of 4 pest control operator and mosquito abatement scenarios, assuming full day, long term application for each application method is likely to significantly overestimate total exposure. Based on data on usage of likely piperonyl butoxide containing pesticides presented in the National Pest Management Association Survey, this assumption would result in significant overestimate of exposure for PCOs. Similarly, assuming continuous usage of piperonyl butoxide containing pesticides for mosquito abatement applications would also significantly overestimate total exposure based on personal communication with mosquito control district officials regarding current usage of these products.


[Federal Register Volume 81, Number 198 (Thursday, October 13, 2016)]
[Notices]
[Page 70674]
[FR Doc No: 2016-24765]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Number: PR16-74-000.
    Applicants: Orange and Rockland Utilities, Inc.
    Description: Tariff filing per 284.123(b)(1), (g): Compliance SOC
CP16-101 to be effective 9/29/2016; Filing Type: 1330.
    Filed Date: 9/29/2016.
    Accession Number:<PHONE_NUMBER>56 http://elibrary.ferc.gov/idmws/doc_info.asp?accession_num=20160415-5222.
    Comments Due: 5 p.m. ET 10/20/16.
    284.123(g) Protests Due: 5 p.m. ET 11/28/16.

    Docket Number: PR16-75-000.
    Applicants: Southern California Gas Company.
    Description: Tariff filing per 284.123(b)(1) + (g): So Cal Gas--
Rate Change Filing--Sept 2016 to be effective 9/1/2016; Filing Type:
1300.
    Filed Date: 9/30/2016.
    Accession Number:<PHONE_NUMBER>01 http://elibrary.ferc.gov/idmws/doc_info.asp?accession_num=20160415-5222.
    Comments Due: 5 p.m. ET 10/21/16.
    284.123(g) Protests Due: 5 p.m. ET 11/29/16.

    Docket Number: PR17-1-000.
    Applicants: Columbia Gas of Ohio, Inc.
    Description: Tariff filing per 284.123(b)(1)/.: COH SOC Effective
9-28-2016 to be effective 9/28/2016; Filing Type: 980.
    Filed Date: 10/3/2016.
    Accession Number:<PHONE_NUMBER>28.
    Comments/Protests Due: 5 p.m. ET 10/24/16.

    Docket Numbers: RP17-1-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Capacity Release
Agreements--10/1/2016 to be effective 10/1/2016.
    Filed Date: 10/3/16.
    Accession Number: 20161003-5011.
    Comments Due: 5 p.m. ET 10/17/16.

    Docket Numbers: RP17-2-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate--BP Energy
K510941 to be effective 11/1/2016.
    Filed Date: 10/3/16.
    Accession Number: 20161003-5114.
    Comments Due: 5 p.m. ET 10/17/16.

    Docket Numbers: RP17-3-000.
    Applicants: Enable Gas Transmission, LLC.
    Description: Annual Report of Total Penalty Revenue Credits of
Enable Gas Transmission, LLC.
    Filed Date: 10/3/16.
    Accession Number: 20161003-5241.
    Comments Due: 5 p.m. ET 10/17/16.

    Docket Numbers: RP17-4-000.
    Applicants: Enable Gas Transmission, LLC.
    Description: Annual Report of Linked Firm Service Penalty Revenue
Credits of Enable Gas Transmission, LLC.
    Filed Date: 10/3/16.
    Accession Number: 20161003-5244.
    Comments Due: 5 p.m. ET 10/17/16.

    Docket Numbers: RP17-5-000.
    Applicants: Colorado Interstate Gas Company, L.L.C.
    Description: Annual Report Detailing 2015 Surcharge of Colorado
Interstate Gas Company, L.L.C.
    Filed Date: 10/3/16.
    Accession Number: 20161003-5334.
    Comments Due: 5 p.m. ET 10/17/16.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified date(s). Protests may be considered,
but intervention is necessary to become a party to the proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP16-1288-001.
    Applicants: Texas Gas Transmission, LLC.
    Description: Tariff Amendment: Amendment to Docket No. RP16-1288-
000 to be effective 11/1/2016.
    Filed Date: 10/3/16.
    Accession Number: 20161003-5106.
    Comments Due: 5 p.m. ET 10/17/16.

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

    Dated: October 5, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-24765 Filed 10-12-16; 8:45 am]
 BILLING CODE 6717-01-P