[Federal Register Volume 85, Number 187 (Friday, September 25, 2020)]
[Notices]
[Pages 60459-60464]
[FR Doc No: 2020-21198]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2020-0077; FRL-10014-64]

Certain New Chemicals; Receipt and Status Information for August
2020

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA is required under the Toxic Substances Control Act (TSCA),
as amended by the Frank R. Lautenberg Chemical Safety for the 21st
Century Act, to make information publicly available and to publish
information in the Federal Register pertaining to submissions under
TSCA Section 5, including notice of receipt of a Premanufacture notice
(PMN), Significant New Use Notice (SNUN) or Microbial Commercial
Activity Notice (MCAN), including an amended notice or test
information; an exemption application (Biotech exemption); an
application for a test marketing exemption (TME), both pending and/or
concluded; a notice of commencement (NOC) of manufacture (including
import) for new chemical substances; and a periodic status report on
new chemical substances that are currently under EPA review or have
recently concluded review. This document covers the period from 08/01/
2020 to 08/31/2020.

DATES: Comments identified by the specific case number provided in this
document must be received on or before October 26, 2020.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2020-0077, and the specific case number for the
chemical substance related to your comment, by one of the following
methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 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.
    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: For technical information contact: Jim
Rahai, Information Management Division (7407M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 564-8593; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. What action is the Agency taking?

    This document provides the receipt and status reports for the
period from 08/01/2020 to 08/31/2020. The Agency is providing notice of
receipt of PMNs, SNUNs and MCANs (including amended notices and test
information); an exemption application under 40 CFR part 725 (Biotech
exemption); TMEs, both pending and/or concluded; NOCs to manufacture a
new chemical substance; and a periodic status report on new chemical
substances that are currently under EPA review or have recently
concluded review.
    EPA is also providing information on its website about cases
reviewed under the amended TSCA, including the section 5 PMN/SNUN/MCAN
and exemption notices received, the date of receipt, the final EPA
determination on the notice, and the effective date of EPA's
determination for PMN/SNUN/MCAN notices on its website at: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/status-pre-manufacture-notices. This information is updated on a
weekly basis.

B. What is the Agency's authority for taking this action?

    Under TSCA, 15 U.S.C. 2601 et seq., a chemical substance may be
either an ``existing'' chemical substance or a ``new'' chemical
substance. Any chemical substance that is not on EPA's TSCA Inventory
of Chemical Substances (TSCA Inventory) is classified as a ``new
chemical substance,'' while a chemical substance that is listed on the
TSCA Inventory is classified as an ``existing chemical substance.''
(See TSCA section 3(11).) For more information about the TSCA Inventory
please go to: https://www.epa.gov/tsca-inventory.
    Any person who intends to manufacture (including import) a new
chemical substance for a non-exempt commercial purpose, or to
manufacture or process a chemical substance in a non-exempt manner for
a use that EPA has determined is a significant new use, is required by
TSCA section 5 to provide EPA with a PMN, MCAN or SNUN, as appropriate,
before initiating the activity. EPA will review the notice, make a risk
determination on the chemical substance or significant new use, and
take appropriate action as described in TSCA section 5(a)(3).
    TSCA section 5(h)(1) authorizes EPA to allow persons, upon
application and under appropriate restrictions, to manufacture or
process a new chemical substance, or a chemical substance subject to a
significant new use rule (SNUR) issued under TSCA section 5(a)(2), for
``test marketing'' purposes, upon a showing that the manufacture,
processing, distribution in commerce, use, and disposal of the chemical
will not present an unreasonable risk of injury to health or the
environment. This is referred to as a test marketing exemption, or TME.
For more information about the requirements applicable to a new
chemical go to: http://www.epa.gov/oppt/newchems.
    Under TSCA sections 5 and 8 and EPA regulations, EPA is required to
publish in the Federal Register certain information, including notice
of receipt of a PMN/SNUN/MCAN (including amended notices and test
information); an exemption application under 40 CFR part 725 (biotech
exemption); an application for a TME, both pending and concluded; NOCs
to manufacture a new chemical substance; and a periodic status report
on the new chemical substances that are currently under EPA review or
have recently concluded review.

C. Does this action apply to me?

    This action provides information that is directed to the public in
general.

D. Does this action have any incremental economic impacts or paperwork
burdens?

    No.

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

    1. Submitting confidential business information (CBI). Do not
submit this information to EPA through regulations.gov or email.
Clearly mark the part or all of the information that you claim to be
CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark
the outside of the disk or CD-ROM as CBI and then identify
electronically within the disk or CD-ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Status Reports

    In the past, EPA has published individual notices reflecting the
status of TSCA section 5 filings received, pending or concluded. In
1995, the Agency modified its approach and streamlined the information
published in the Federal Register after providing notice of such
changes to the public and an opportunity to comment (See the Federal
Register of May 12, 1995, (60 FR 25798) (FRL-4942-7). Since the passage
of the Lautenberg amendments to TSCA in 2016, public interest in
information on the status of section 5 cases under EPA review and, in
particular, the final determination of such cases, has increased. In an
effort to be responsive to the regulated community, the users of this
information, and the general public, to comply with the requirements of
TSCA, to conserve EPA resources and to streamline the process and make
it more timely, EPA is providing information on its website about cases
reviewed under the amended TSCA, including the section 5 PMN/SNUN/MCAN
and exemption notices received, the date of receipt, the final EPA
determination on the notice, and the effective date of EPA's
determination for PMN/SNUN/MCAN notices on its website at: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/status-pre-manufacture-notices. This information is updated on a
weekly basis.

III. Receipt Reports

    For the PMN/SNUN/MCANs that have passed an initial screening by EPA
during this period, Table I provides the following information (to the
extent that such information is not subject to a CBI claim) on the
notices screened by EPA during this period: The EPA case

number assigned to the notice that indicates whether the submission is
an initial submission, or an amendment, a notation of which version was
received, the date the notice was received by EPA, the submitting
manufacturer (i.e., domestic producer or importer), the potential uses
identified by the manufacturer in the notice, and the chemical
substance identity.
    As used in each of the tables in this unit, (S) indicates that the
information in the table is the specific information provided by the
submitter, and (G) indicates that this information in the table is
generic information because the specific information provided by the
submitter was claimed as CBI. Submissions which are initial submissions
will not have a letter following the case number. Submissions which are
amendments to previous submissions will have a case number followed by
the letter ``A'' (e.g., P-18-1234A). The version column designates
submissions in sequence as ``1'', ``2'', ``3'', etc. Note that in some
cases, an initial submission is not numbered as version 1; this is
because earlier version(s) were rejected as incomplete or invalid
submissions. Note also that future versions of the following tables may
adjust slightly as the Agency works to automate population of the data
in the tables.

                        Table I--PMN/SNUN/MCANs Approved * From 08/01/2020 to 08/31/2020
----------------------------------------------------------------------------------------------------------------
                                  Received
       Case No.        Version      date         Manufacturer               Use             Chemical substance
----------------------------------------------------------------------------------------------------------------
P-16-0345A...........        6   08/09/2020  CBI.................  (G) Processing aid...  (G) Acrylamide,
                                                                                polymer with
                                                                                methacrylic acid
                                                                                derivatives.
P-16-0420A...........        3   07/31/2020  CBI.................  (S) The notified       (G) Dimethyl
                                                                    substance will be      cyclohexenyl
                                                                    used as a fragrance    propanol.
                                                                    ingredient, being
                                                                    blended (mixed) with
                                                                    other fragrance
                                                                    ingredients to make
                                                                    fragrance oils that
                                                                    will be sold to
                                                                    industrial and
                                                                    commercial customers
                                                                    for their
                                                                    incorporation into
                                                                    soaps, detergents,
                                                                    cleaners and other
                                                                    similar household
                                                                    and consumer
                                                                    products.
P-17-0115A...........        5   08/25/2020  CBI.................  (S) An adhesion        (G) Aminoalkyl
                                                                    promoter for coating   alkoxysilane.
                                                                    formulations.
P-17-0281A...........        7   08/05/2020  CBI.................  (G) Water reducible    (G) Polysiloxane-
                                                                    resin.                 polyester polyol
                                                                                carboxylate.
P-18-0065A...........        2   08/17/2020  Evonik Corporation..  (S) Absorption agent   (S) 1,3-
                                                                    and lab reagent.       Propanediamine, N1,N1-
                                                                                dimethyl-N3-(2,2,6,6-
                                                                                tetramethyl-4-
                                                                                piperidinyl)-.
P-18-0202A...........        7   08/06/2020  Hexion, Inc.........  (G) Rubber additive    (G) Trialkyl alkanal,
                                                                    and Tackifier          polymer with phenol.
                                                                    additives.
P-18-0203A...........        7   08/06/2020  Hexion, Inc.........  (G) Rubber additive    (G) Trialkyl alkanal,
                                                                    and Tackifier          polymer with
                                                                    additives.             alkylalkanal and
                                                                                phenol.
P-18-0204A...........        7   08/06/2020  Hexion, Inc.........  (G) Rubber additive    (G) Alkyl alkanal,
                                                                    and Tackifier          polymer with phenol.
                                                                    additive.
P-18-0205A...........        7   08/06/2020  Hexion, Inc.........  (G) Tackifier          (G) Alkyl alkanal,
                                                                    additive.              polymer with
                                                                                formaldehyde and
                                                                                phenol.
P-18-0206A...........        7   08/06/2020  Hexion, Inc.........  (G) Rubber additive    (G) Alkanal, polymer
                                                                    and Tackifier          with phenol.
                                                                    additive.
P-18-0241A...........        5   07/31/2020  CBI.................  (G) Additive for       (G) 2-Propenoic acid,
                                                                    automotive coating.    2-methyl-, methyl
                                                                                ester, polymer with
                                                                                ethenylbenzene, ethyl
                                                                                2-propenoate, 2-
                                                                                oxiranylmethyl 2-
                                                                                methyl-2-propenoate
                                                                                and 1,2-propanediol
                                                                                mono(2-methyl-2-
                                                                                propenoate), reaction
                                                                                products with
                                                                                diethanolamine,
                                                                                polymers with
                                                                                substituted-alkyl
                                                                                acrylate, formates
                                                                                (salts).
P-18-0244A...........        5   07/31/2020  CBI.................  (G) Additive for       (G) 2-Propenoic acid,
                                                                    automotive coating.    2-methyl, methyl
                                                                                ester, polymer with
                                                                                ethenylbenzene, ethyl
                                                                                2-propenoate, 2-
                                                                                oxiranylmethyl 2-
                                                                                methyl-2-propenoate
                                                                                and 1,2-propanediol
                                                                                mono(2-methyl-2-
                                                                                propenoate), reaction
                                                                                products with
                                                                                diethanolamine,
                                                                                polymers with
                                                                                substituted-alkyl
                                                                                methacrylate,
                                                                                formates (salts).
P-18-0245A...........        5   07/31/2020  CBI.................  (G) Additive for       (G) 2-Propenoic acid,
                                                                    automotive coating.    2-methyl-, methyl
                                                                                ester, polymer with
                                                                                ethenylbenzene, ethyl
                                                                                2-propenoate, 2-
                                                                                oxiranylmethyl 2-
                                                                                methyl-2-propenoate,
                                                                                and 1,2-propanediol
                                                                                mono(2-methyl-2-
                                                                                propenoate), reaction
                                                                                products with
                                                                                diethanolamine,
                                                                                polymers with
                                                                                alkylene glycol
                                                                                monoacrylate,
                                                                                formates (salts).
P-18-0256A...........        6   08/18/2020  CBI.................  (G) Chemical           (S) Undecanol,
                                                                    intermediate.          branched.
P-18-0273A...........        6   08/14/2020  CBI.................  (G) Used in polymer    (S) 1,4-
                                                                    manufacturing.         Cyclohexanedicarboxyl
                                                                                ic acid, 1,4-bis(2-
                                                                                ethylhexyl) ester.
P-18-0351A...........        3   08/19/2020  CBI.................  (G) UV curable inks..  (G) Acrylic acid,
                                                                                tricyclo alkyl ester.
P-18-0355A...........        4   08/03/2020  CBI.................  (G) Paint............  (G) Alkanediol,
                                                                                Substituted alkyl,
                                                                                polymer with
                                                                                carbomonocyle,
                                                                                alkanedioate
                                                                                substituted
                                                                                carbomonocycle, ester
                                                                                with substituted
                                                                                alkanoate.
P-18-0359A...........        4   08/18/2020  CBI.................  (G) Molded or          (G) Methoxy Vinyl
                                                                    extruded items.        Ether- Vinylidene
                                                                                Fluoride polymer.
P-18-0396A...........        5   08/17/2020  CBI.................  (G) Paint............  (G) Alkenoic acid,
                                                                                alkyl, polymer with
                                                                                carbomonocyle alkyl
                                                                                propenoate and
                                                                                substituted alkyl
                                                                                alkenoate, ester with
                                                                                substituted alkyl
                                                                                alkanoate, tert-butyl
                                                                                substituted peroxoate-
                                                                                initiated.
P-18-0398A...........        6   07/31/2020  EVONIK Corporation..  (S) Intermediate.....  (G)
                                                                                Polyalkylpolyalkylene
                                                                                polyamine.
P-18-0399A...........        8   08/14/2020  CBI.................  (G) (c) open, non-     (G) Rosin adduct
                                                                    dispersive use         ester, polymer with
                                                                    additive for           polyols, compd. with
                                                                    industrial use only.   ethanolamine.

P-18-0407A...........        4   08/14/2020  CBI.................  (S) Polyurethane       (S) 1,2-Ethanediamine,
                                                                    catalyst.              N,N-dimethyl-N-(1-
                                                                                methylethyl)-N-[2-
                                                                                [methyl(1-
                                                                                methylethyl)amino]eth
                                                                                yl]-.
P-19-0084A...........        4   07/30/2020  CBI.................  (S) Flame retardant..  (S) Diphosphoric acid,
                                                                                compd. with 1,3,5-
                                                                                triazine-2,4,6-
                                                                                triamine (1:2).
P-19-0141A...........        7   08/24/2020  CBI.................  (S) For use in metal   (S) Phosphoric Acid,
                                                                    treatment coatings     manganese(2+) salt
                                                                    for lubrication and    (2:3).
                                                                    corrosion
                                                                    protection..
P-19-0147A...........        5   08/17/2020  CRODA, INC..........  (G) cleaning additive  (G) alkoxylated butyl
                                                                                alkyl ester.
P-20-0010A...........        9   08/26/2020  CBI.................  (G) Polymerization     (G) Carboxylic acid,
                                                                    auxiliary.             reaction products
                                                                                with metal hydroxide,
                                                                                inorganic dioxide and
                                                                                metal.
P-20-0025A...........        4   08/05/2020  Biosynthetic          (S) Motor oil          (S) Octadecanoic acid,
                                              Technologies.         lubricant,             12-(acetoxy)-, 2-
                                                                    formulation #1         ethylhexyl ester.
                                                                    (prepared at a
                                                                    processor which is
                                                                    controlled by
                                                                    others) and Motor
                                                                    oil lubricant,
                                                                    formulation #2
                                                                    (prepared at a
                                                                    processor which is
                                                                    controlled by
                                                                    others).
P-20-0046A...........        4   08/19/2020  CBI.................  (G) Catalyst.........  (G) Reaction products
                                                                                of alkyl-terminated
                                                                                alkylalumuminoxanes
                                                                                and
                                                                                {[(pentaalkylphenyl-
                                                                                (pentaalkylphenyl)ami
                                                                                no)alkyl]alkanediamin
                                                                                ato{time} bis(aralkyl
                                                                                ) transition metal
                                                                                coordination
                                                                                compound.
P-20-0048A...........        4   08/20/2020  CBI.................  (G) Catalyst.........  (G) Reaction products
                                                                                of alkyl-terminated
                                                                                alkylaluminoxanes and
                                                                                dihalogeno-
                                                                                (alkylcyclopentadieny
                                                                                l)(tetraalkylcyclopen
                                                                                tadienyl)transition
                                                                                metal coordination
                                                                                compound.
P-20-0049A...........        4   08/20/2020  CBI.................  (G) Catalyst.........  (G) Reaction products
                                                                                of alkyl-aluminoxanes
                                                                                and bis-
                                                                                (alkylcyclodialkylene
                                                                                )dihalogenozirconium.
P-20-0076A...........        3   08/06/2020  CYTEC Industries,     (G) Mining chemical..  (S) Glycine, reaction
                                              Inc.                                         products with sodium
                                                                                O-iso-Pr
                                                                                carbonodithioate,
                                                                                sodium salts.
P-20-0097A...........        3   08/24/2020  Nelson Brothers, LLC  (S) The PMN substance  (G) Butanedioic acid,
                                                                    will be used as an     monopolyisobutylene
                                                                    emulsifier for         derivs., mixed
                                                                    applications in        dihydroxyalkyl and
                                                                    explosives.            hydroxyalkoxyalkyl
                                                                                diesters.
P-20-0100A...........        3   08/19/2020  Evonik Corporation..  (S) Manual Dish        (S) Glycolipids,
                                                                    Detergent, Hard        rhamnose-contg.,
                                                                    Surface Cleaner, and   Pseudomanas putida-
                                                                    Laundry Detergent.     fermented, from D-
                                                                                glucose, potassium
                                                                                salts.
P-20-0105A...........        2   07/30/2020  Sound Agriculture     (S) Maltol lactone is  (S) 4H-Pyran-4-one, 3-
                                              Company.              a compound that        [(2,5-dihydro-4-
                                                                    promotes microbial     methyl-5-oxo-2-
                                                                    activity in the        furanyl)oxy]-2-methyl-
                                                                    soil, resulting in     .
                                                                    increased
                                                                    availability of
                                                                    phosphorus for
                                                                    crops. This
                                                                    substance will be
                                                                    used on commercial
                                                                    farming operations.
P-20-0109............        2   08/05/2020  Huntsman Corporation  (S) Exhaust dyeing of  (G) Acetamide, N-[3-
                                                                    cotton and cotton      [alkyl(carbomonocycli
                                                                    blends.                c)
                                                                                substituted]carbomono
                                                                                cycle]-, coupled with
                                                                                diazotized 2-
                                                                                substituted-3-halo-5-
                                                                                nitrobenzonitrile.
P-20-0133A...........        5   08/03/2020  Huntsman              (G) component of foam  (G) Fatty acid oil
                                              International, LLC.                          polymer with
                                                                                aliphatic polyols and
                                                                                aromatic diacid.
P-20-0133A...........        6   08/05/2020  Huntsman              (G) component of foam  (G) Fatty acid oil
                                              International, LLC.                          polymer with
                                                                                aliphatic polyols and
                                                                                aromatic diacid.
P-20-0134A...........        5   08/03/2020  Huntsman              (G) component of foam  (G) Aromatic acid,
                                              International, LLC.                          polymer with
                                                                                aliphatic diol and
                                                                                aromatic diacid.
P-20-0134A...........        6   08/05/2020  Huntsman              (G) component of foam  (G) Aromatic acid,
                                              International, LLC.                          polymer with
                                                                                aliphatic diol and
                                                                                aromatic diacid.
P-20-0135A...........        5   08/03/2020  Huntsman              (G) component in foam  (G) Fatty acid polymer
                                              International, LLC.   insulation.            with polyols,
                                                                                aliphatic alcohol and
                                                                                aromatic diacid.
P-20-0135A...........        6   08/05/2020  Huntsman              (G) component in foam  (G) Fatty acid polymer
                                              International, LLC.   insulation.            with polyols,
                                                                                aliphatic alcohol and
                                                                                aromatic diacid.
P-20-0143A...........        2   08/05/2020  CBI.................  (S) Binder for         (S)
                                                                    Thermoplastic          Cyclohexanemethanamin
                                                                    Coatings, and Binder   e, 5-amino-1,3,3-
                                                                    or Ink/Adhesive.       trimethyl-, polymer
                                                                                with a-hydro-w-
                                                                                hydroxypoly(oxy-1,4-
                                                                                butanediyl), 5-
                                                                                isocyanato-1-
                                                                                (isocyanatomethyl)-
                                                                                1,3,3-
                                                                                trimethylcyclohexane
                                                                                and 1,1-
                                                                                methylenebis[4-
                                                                                isocyanatobenzene].
P-20-0146............        1   07/30/2020  CBI.................  (G) Insulating         (G) Alkanoic acid,
                                                                    material for           alkyl,
                                                                    electrical parts.      carbopolycyclic alkyl
                                                                                ester
P-20-0152............        2   08/03/2020  SHIN-ETSU MICROSI...  (G) Contained use for  (G) Sulfonium,
                                                                    microlithography for   triphenyl-, salt with
                                                                    electronic device      2,2-dihalo-2-
                                                                    manufacturing.         sulfoethyl-2-oxo
                                                                                substituted -
                                                                                heterotricycloalkane-
                                                                                heteropolycyclo-
                                                                                carboxylate (1:1)
P-20-0153............        2   08/04/2020  CBI.................  (G) lubricant          (G) Polyamines,
                                                                    additive--dispersant.  reaction products
                                                                                with succinic
                                                                                anhydride polyalkenyl
                                                                                derivs., borates.
P-20-0154............        2   08/04/2020  CBI.................  (G) lubricant          (G) Polyamines,
                                                                    additive--dispersant.  reaction products
                                                                                with succinic
                                                                                anhydride polyalkenyl
                                                                                derivs., borates.
P-20-0155............        4   08/13/2020  SHIN-ETSU MICROSI...  (G) Contained use for  (G) Sulfonium,
                                                                    microlithography for   triphenyl-, salt with
                                                                    electronic device      5-alkyl- 2-alkyl- 4-
                                                                    manufacturing.         (2,4,6-substituted
                                                                                tri-carbomonocycle,
                                                                                hetero-
                                                                                acid)benzenesulfonate
                                                                                (1:1).
P-20-0155A...........        5   08/20/2020  SHIN-ETSU MICROSI...  (G) Contained use for  (G) Sulfonium,
                                                                    microlithography for   triphenyl-, salt with
                                                                    electronic device      5-alkyl- 2-alkyl- 4-
                                                                    manufacturing.         (2,4,6-substituted
                                                                                tri-carbomonocycle,
                                                                                hetero-
                                                                                acid)benzenesulfonate
                                                                                (1:1).

P-20-0156............        1   08/03/2020  CBI.................  (G) Photolithography.  (G) Substituted,
                                                                                triaryl-,
                                                                                tricycloalkane alkyl
                                                                                disubstituted.
P-20-0157............        1   08/05/2020  CBI.................  (G) The notified       (G) bis(cycloalkyl-
                                                                    substance will be      alkyl)ether.
                                                                    used as a fragrance
                                                                    ingredient.
P-20-0158............        1   08/06/2020  AkzoNobel...........  (S) External coating   (G) Carbomonocyclic
                                                                    for food and           diacid, polymer with
                                                                    beverage cans.         2,2-dimethyl-1,3-
                                                                                propanediol,
                                                                                alkanetriol,
                                                                                hexanedioic acid and
                                                                                1,3-
                                                                                isobenzofurandione,
                                                                                compd. with 2-
                                                                                (dimethylamino)ethano
                                                                                l.
P-20-0159............        2   08/11/2020  SHIN-ETSU MICROSI...  (G) Contained use for  (G) Phenoxathiinium,
                                                                    microlithography for   10-phenyl, 5-alkyl-2-
                                                                    electronic device      alkyl-4-(2,4,6-
                                                                    manufacturing.         substituted tri-
                                                                                carbomonocycle,
                                                                                hetero-
                                                                                acid)benzenesulfonate
                                                                                (1:1).
P-20-0159A...........        3   08/20/2020  SHIN-ETSU MICROSI...  (G) Contained use for  (G) Phenoxathiinium,
                                                                    microlithography for   10-phenyl, 5-alkyl-2-
                                                                    electronic device      alkyl-4-(2,4,6-
                                                                    manufacturing.         substituted tri-
                                                                                carbomonocycle,
                                                                                hetero-
                                                                                acid)benzenesulfonate
                                                                                (1:1).
P-20-0160............        2   08/11/2020  Designer Molecules,   (G) Dielectric film    (S) Amines, C-36-
                                              Inc..                 forming material for   alkylenedi-, polymers
                                                                    use in                 with
                                                                    microelectronic        bicyclo[2.2.1]heptane
                                                                    assembly               dimethanamine, [5,5'-
                                                                    applications.          biisobenzofuran]-
                                                                                1,1',3,3'-tetrone and
                                                                                3a,4,4a,7a, 8,8a-
                                                                                hexahydro-4, 8-etheno-
                                                                                1H,3H-benzo[1,2-c:4,
                                                                                5-c']difuran-1,3,5, 7-
                                                                                tetrone, maleated.
P-20-0161............        1   08/18/2020  Sirrus, Inc.........  (S) Film former or     (S) Propanedioic acid,
                                                                    crosslinker additive   2-methylene-, 1,3-
                                                                    used in coatings and   diethyl ester,
                                                                    adhesives, and         polymer with 1,4-
                                                                    Crosslinker additive   butanediol.
                                                                    used in waterborne
                                                                    emulsions.
P-20-0163............        1   08/21/2020  Innovative Chemical   (G) Contained          (S) Butanedioic acid,
                                              Technologies, Inc.    chemical processing.   2-methylene-, 4-
                                                                                octadecyl ester.
P-20-0164............        1   08/21/2020  Innovative Chemical   (G) Contained          (S) Butanedioic acid,
                                              Technologies, Inc.    chemical processing.   2-methylene-, 4-
                                                                                docosyl ester.
P-20-0165............        1   08/21/2020  Innovative Chemical   (G) Contained          (S) Butanedioic acid,
                                              Technologies, Inc.    chemical processing.   2-methylene-, 4-C16-
                                                                                18-alkyl esters.
----------------------------------------------------------------------------------------------------------------
* The term `Approved' indicates that a submission has passed a quick initial screen ensuring all required
  information and documents have been provided with the submission prior to the start of the 90 day review
  period, and in no way reflects the final status of a complete submission review.

    In Table II of this unit, EPA provides the following information
(to the extent that such information is not claimed as CBI) on the NOCs
that have passed an initial screening by EPA during this period: The
EPA case number assigned to the NOC including whether the submission
was an initial or amended submission, the date the NOC was received by
EPA, the date of commencement provided by the submitter in the NOC, a
notation of the type of amendment (e.g., amendment to generic name,
specific name, technical contact information, etc.) and chemical
substance identity.

                             Table II--NOCs Approved * From 08/01/2020 to 08/31/2020
----------------------------------------------------------------------------------------------------------------
                                                                     If amendment, type
            Case No.              Received date  Commencement date      of amendment        Chemical substance
----------------------------------------------------------------------------------------------------------------
P-12-0299......................      08/19/2020         06/18/2020  N                     (S) Propanedioic acid,
                                                                                2-methylene-, 1,3-
                                                                                diethyl ester.
P-16-0232......................      08/10/2020         08/07/2020  N                     (G) Zinc, bis[2-
                                                                                (hydroxyl-kO)benzoato-
                                                                                kO]-,(T-4)-, ar, ar'-
                                                                                bis(alkyl) derivs.
P-16-0419......................      08/04/2020         07/07/2020  N                     (G) N-alkyl-
                                                                                dialkylpiperidine.
P-16-0423......................      08/04/2020         07/14/2020  N                     (G)
                                                                                Tetraalkylpiperidiniu
                                                                                m halide.
P-17-0086......................      08/10/2020         07/31/2020  N                     (S) Cyclohexane, 1,4-
                                                                                bis(ethoxymethyl)-,
                                                                                trans-.
P-17-0086......................      08/10/2020         07/31/2020  N                     (S) Cyclohexane, 1,4-
                                                                                bis(ethoxymethyl)-,
                                                                                cis-.
P-17-0086......................      08/10/2020         07/31/2020  N                     (S) Cyclohexane, 1,4-
                                                                                bis(ethoxymethyl)-.
P-17-0206......................      07/30/2020         07/30/2020  N                     (G) Imino alkane amine
                                                                                phosphate.
P-18-0031......................      07/31/2020         07/22/2020  N                     (S) 1, 3-
                                                                                benzenedicarboxylic
                                                                                acid, polymer with
                                                                                1,3-butanediol, 2,2-
                                                                                dimethyl-1,3-
                                                                                propanediol and 2-
                                                                                ethyl-2-
                                                                                (hydroxymethyl)-1,3-
                                                                                propanediol.
P-18-0151......................      08/26/2020         04/01/2018  N                     (S) Formaldehyde,
                                                                                reaction product with
                                                                                1,3-
                                                                                benzenedimethanamine
                                                                                and p-tert-
                                                                                butylphenol.
P-18-0199......................      08/10/2020         07/21/2020  N                     (G) Rare earth oxide.
P-18-0263......................      08/04/2020         07/28/2020  N                     (G) Mixed alkyl esters-
                                                                                , polymer with n1-(2-
                                                                                aminoethyl)- l,2-
                                                                                ethanediamine,
                                                                                aziridine, n-acetyl
                                                                                derivs., acetates
                                                                                (salts),.
P-18-0381......................      07/30/2020         07/29/2020  N                     (S) Indium manganese
                                                                                yttrium oxide.
P-19-0153......................      08/06/2020         08/06/2020  N                     (G) Dibromoalkyl ether
                                                                                tetrabromobisphenol
                                                                                a.
P-19-0174......................      08/12/2020         08/10/2020  N                     (S) Octadecanoic acid,
                                                                                (alkylphosphinyl),
                                                                                polyol ester.
P-20-0057......................      08/24/2020         08/11/2020  N                     (G) Arene,
                                                                                trimethoxysilyl-,
                                                                                hydrolyzed.
P-20-0086......................      08/21/2020         07/31/2020  N                     (G) 2-oxepanone,
                                                                                homopolymer, ester
                                                                                with hydroxyalkyl
                                                                                trioxo
                                                                                heteromonocyclic
                                                                                (3:1).
----------------------------------------------------------------------------------------------------------------
* The term `Approved' indicates that a submission has passed a quick initial screen ensuring all required
  information and documents have been provided with the submission.

    In Table III of this unit, EPA provides the following information
(to the extent such information is not subject to a CBI claim) on the
test information that has been received during this time period: The
EPA case number assigned to the test information; the date the test
information was received by EPA, the type of test information
submitted, and chemical substance identity.

                       Table III--Test Information Received From 08/01/2020 to 08/31/2020
----------------------------------------------------------------------------------------------------------------
              Case No.                 Received date    Type of test information         Chemical substance
----------------------------------------------------------------------------------------------------------------
L-20-0140...........................      08/11/2020  Particle Size Distribution    (G) Arylfurandione,
                                                       Report, Dust Explosivity      [bis(trihaloalkyl)alkyliden
                                                       Test.                         e]bis-, polymer with
                                                                                alkanediamine.
P-16-0463...........................      08/27/2020  Metals Analysis Report......  (G) Silane-treated
                                                                                aluminosilicate.
P-16-0543...........................      08/24/2020  Exposure Monitoring Report..  (G) Halogenophosphoric acid
                                                                                metal salt.
P-19-0098...........................      08/27/2020  Ready Biodegradability        (G) Phosphoric acid, polymer
                                                       Modified Sturm Test (OECD     with (hydroxyalkyl)-
                                                       Test Guideline 301).          alkanediol and alkanediol.
P-20-0066...........................      08/07/2020  Toxicity Study by Oral        (G) 2-propenoic acid, 2-
                                                       Administration to Han         hydroxyethyl ester,
                                                       Wistar Rats for 4 Weeks       reaction products with
                                                       Followed by a 2 Week          dialkyl hydrogen
                                                       Recovery Period.              heterosubstituted phosphate
                                                                                and dimethyl phosphonate.
----------------------------------------------------------------------------------------------------------------

    If you are interested in information that is not included in these
tables, you may contact EPA's technical information contact or general
information contact as described under FOR FURTHER INFORMATION CONTACT
to access additional non-CBI information that may be available.

    Authority: 15 U.S.C. 2601 et seq.

    Dated: September 16, 2020.
Pamela Myrick,
Director, Information Management Division, Office of Pollution
Prevention and Toxics.
[FR Doc. 2020-21198 Filed 9-24-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 62 (Thursday, March 31, 2022)]
[Notices]
[Pages 18791-18792]
[FR Doc No: 2022-06802]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2022-0116; FRL-9412-01-OCSPP]

Certain New Chemicals or Significant New Uses; Statements of
Findings for January 2022

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Toxic Substances Control Act (TSCA) requires EPA to
publish in the Federal Register a statement of its findings after its
review of certain TSCA notices when EPA makes a finding that a new
chemical substance or significant new use is not likely to present an
unreasonable risk of injury to health or the environment. Such
statements apply to premanufacture notices (PMNs), microbial commercial
activity notices (MCANs), and significant new use notices (SNUNs)
submitted to EPA under TSCA. This document presents statements of
findings made by EPA on such submissions during the period from January
1, 2022 to January 31, 2022.

FOR FURTHER INFORMATION CONTACT: For technical information contact.
Rebecca Edelstein, Chemical Control Division (7405M), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: 202-
564-1667 email address: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. As such, the
Agency has not attempted to describe the specific entities that this
action may apply to. Although others may be affected, this action
applies directly to the submitters of the PMNs addressed in this
action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPPT-2022-0116, is available at https://www.regulations.gov or at the Office of Pollution Prevention and Toxics
Docket (OPPT Docket), Environmental Protection Agency Docket Center
(EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC. 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 (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is open to visitors by
appointment only. For the latest status information on EPA/DC services
and docket access, visit https://www.epa.gov/dockets.

II. What action is the Agency taking?

    This document lists the statements of findings made by EPA after
review of notices submitted under TSCA section 5(a) that certain new
chemical substances or significant new uses are not likely to present
an unreasonable risk of injury to health or the environment. This
document presents statements of findings made by EPA during the period
from January 1, 2022 to January 31, 2022.

III. What is the Agency's authority for taking this action?

    TSCA section 5(a)(3) requires EPA to review a TSCA section 5(a)
notice and make one of the following specific findings:
     The chemical substance or significant new use presents an
unreasonable risk of injury to health or the environment;
     The information available to EPA is insufficient to permit
a reasoned evaluation of the health and environmental effects of the
chemical substance or significant new use;
     The information available to EPA is insufficient to permit
a reasoned evaluation of the health and environmental effects and the
chemical substance or significant new use may present an unreasonable
risk of injury to health or the environment;
     The chemical substance is or will be produced in
substantial quantities, and such substance either enters or may
reasonably be anticipated to enter the environment in substantial
quantities or there is or may be significant or substantial human
exposure to the substance; or
     The chemical substance or significant new use is not
likely to present an unreasonable risk of injury to health or the
environment.
    Unreasonable risk findings must be made without consideration of
costs or other non-risk factors, including an unreasonable risk to a
potentially exposed or susceptible subpopulation identified as relevant
under the conditions of use. The term ``conditions of use'' is defined
in TSCA section 3 to mean ``the circumstances, as determined by the
Administrator, under which a chemical substance is intended, known, or
reasonably foreseen to be manufactured, processed, distributed in
commerce, used, or disposed of.''
    EPA is required under TSCA section 5(g) to publish in the Federal
Register a statement of its findings after its review of a TSCA section
5(a) notice when EPA makes a finding that a new chemical substance or
significant new use is not likely to present an unreasonable risk of
injury to health or the environment. Such statements apply to PMNs,
MCANs, and SNUNs submitted to EPA under TSCA section 5.
    Anyone who plans to manufacture (which includes import) a new
chemical substance for a non-exempt commercial purpose and any
manufacturer or processor wishing to engage in a use of a chemical
substance designated by EPA as a significant new use must submit a
notice to EPA at least 90 days before commencing manufacture of the new
chemical substance or before engaging in the significant new use.
    The submitter of a notice to EPA for which EPA has made a finding
of ``not likely to present an unreasonable risk of injury to health or
the environment''

may commence manufacture of the chemical substance or manufacture or
processing for the significant new use notwithstanding any remaining
portion of the applicable review period.

IV. Statements of Administrator Findings Under TSCA Section 5(a)(3)(C)

    In this unit, EPA provides the following information (to the extent
that such information is not claimed as Confidential Business
Information (CBI)) on the PMNs, MCANs and SNUNs for which, during this
period, EPA has made findings under TSCA section 5(a)(3)(C) that the
new chemical substances or significant new uses are not likely to
present an unreasonable risk of injury to health or the environment:
     EPA case number assigned to the TSCA section 5(a) notice.
     Chemical identity (generic name if the specific name is
claimed as CBI).
     Website link to EPA's decision document describing the
basis of the ``not likely to present an unreasonable risk'' finding
made by EPA under TSCA section 5(a)(3)(C).

------------------------------------------------------------------------
      EPA case No.          Chemical identity          Website link
------------------------------------------------------------------------
J-22-0001; J-22-0002; J- Chromosomally-modified   https://www.epa.gov/
 22-0003; J-22-0004; J-   Saccharomyces            system/files/
 22-0005; J-22-0006.      cerevisiae (generic).    documents/2022-02/j-
                                                   22-0001-
                                                   0006_determination_no
                                                   n-cbi_final.pdf.
J-22-0007..............  Strain of Escherichia    https://www.epa.gov/
                          coli modified with       system/files/
                          genetically-stable,      documents/2022-02/j-
                          plasmid-borne DNA for    22-
                          the production of        0007_determination_no
                          plasmid-borne DNA        n-cbi_final.pdf.
                          (generic).
P-21-0128..............  Fatty acids, C8-18 and   https://www.epa.gov/
                          C18-unsatd., mixed       system/files/
                          esters with C18-         documents/2022-02/p-
                          unsatd. fatty acid       21-
                          dimers, decanoic acid,   0128_determination_no
                          octanoic acid and        n-cbi_final.pdf.
                          trimethylolpropane;
                          CASRN 2411231-33-7.
P-21-0200..............  Saturated and            https://www.epa.gov/
                          unsaturated              system/files/
                          hydrocarbon waxes,       documents/2022-02/p-
                          oxidized, polymers       21-
                          with alkenoic acid,      0200_determination_no
                          alkyl alkanoate,         n-cbi_final_0.pdf.
                          alkenedioic acid,
                          polyalkylene glycol
                          ether with substituted
                          carbomonocycle
                          (alkylidene)bis- ,
                          polyalkylene glycol
                          ether with substituted
                          carbomonocycle
                          (alkylidene)bis-,
                          substituted
                          carbomonocycle,
                          disubstituted
                          carbomonocycle and
                          substituted
                          heteropolycycle, alkyl
                          peroxide-initiated
                          (generic).
------------------------------------------------------------------------

(Authority: 15 U.S.C. 2601 et seq.)

    Dated: March 22, 2022.
Madison Le,
Director, New Chemicals Division, Office of Pollution Prevention and
Toxics.
[FR Doc. 2022-06802 Filed 3-30-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: January 18, 2006 (Volume 71, Number 11)]
[Notices]
[Page 2975-2976]
[DOCID:fr18ja06-91]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53094; File No. SR-Phlx-2005-75]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
and Amendments No. 1 and 2 Thereto Relating to Dividend Spread and
Merger Spread Strategy Rebate Request Forms

January 10, 2006.
    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 November 30, 2005, the Philadelphia Stock Exchange, Inc. (``Phlx''
or ``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or the ``Commission'') the proposed rule change as described
in Items I, II and III below, which items have been prepared by Phlx.
On December 21, 2005, the Exchange filed Amendment No. 1 to the
proposal.\3\ On January 10, 2006, the Exchange filed Amendment No. 2 to
the proposal.\4\ Phlx has designated the proposed rule change as one
constituting a stated policy, practice, or interpretation with respect
to the meaning, administration, or enforcement of an existing rule,
pursuant to Section 19(b)(3)(A)(i) of the Act \5\ and Rule 19b-4(f)(1)
thereunder,\6\ which renders the proposal effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change, as amended, from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, Phlx modified the statutory basis for
the immediate effectiveness of the proposal from Section
19(b)(3)(A)(ii) of the Act and Rule 19b-4(f)(2) thereunder to
Section 19(b)(3)(A)(iii) of the Act and Rule 19b-4(f)(3) thereunder,
and also changed the implementation date for the proposal from the
third business day of December 2005 to the third business day of
January 2006.
    \4\ In Amendment No. 2, Phlx changed the statutory basis for the
immediate effectiveness of the proposal from Section
19(b)(3)(A)(iii) of the Act and Rule 19b-4(f)(3) thereunder to
Section 19(b)(3)(A)(i) of the Act and Rule 19b-4(f)(1) thereunder.
Amendment No. 2 also provided a revised statutory basis for the
proposal.
    \5\ 15 U.S.C. 78s(b)(3)(A)(i).
    \6\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

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

    Phlx proposes to amend the timeframe in which dividend spread and
merger spread strategy rebate request forms must be submitted to the
Exchange. Rebate request forms will now be due three business days
after the end of each month.
    The text of the proposed rule change is available on the Phlx's Web
site at http://www.phlx.com, at the Office of the Secretary at Phlx,

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, as
amended, and discussed any comments it received on the proposal. 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, the Exchange provides a rebate for certain contracts
executed in connection with transactions occurring as part of a
dividend spread strategy \7\ or merger spread strategy.\8\
Specifically, for those options contracts executed pursuant to a
dividend spread strategy or merger spread strategy, the Exchange
rebates $0.08 per contract side for Registered Options Trader (``ROT'')
executions and $0.07 per contract side for specialist executions on the
business day before the underlying stock's ex-date. The ex-date is the
date on or after which a security is traded without a previously
declared dividend or distribution.\9\
---------------------------------------------------------------------------

    \7\ For purposes of this proposal, the Exchange defines a
``dividend spread'' transaction as any trade done within a defined
time frame pursuant to a strategy in which a dividend arbitrage can
be achieved between any two deep-in-the-money options.
    \8\ For purposes of this proposal, the Exchange defines a
``merger spread'' transaction as a transaction executed pursuant to
a merger spread strategy involving the simultaneous purchase and
sale of options of the same class and expiration date, but different
strike prices, followed by the exercise of the resulting long
options position, each executed prior to the date on which
shareholders of record are required to elect their respective form
of consideration, i.e., cash or stock. See Securities Exchange Act
Release No. 51596 (April 21, 2005), 70 FR 22381 (April 29, 2005).
    \9\ The Exchange also imposes a fee cap on equity option
transaction and comparison charges on merger spread transactions and
dividend spread transactions executed on the same trading day in the
same options class. These fee caps are implemented after any
applicable rebates are applied to ROT and specialist equity option
transaction and comparison charges. The fee caps are in effect as a
pilot program that is currently set to expire on March 1, 2006. See
Securities Exchange Act Release No. 52380 (September 2, 2005), 70 FR
53828 (September 12, 2005).

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

    Currently, the Exchange uses a manual procedure to process rebate
requests.\10\ Specifically, to qualify a transaction for the rebate
process, a written rebate request, along with supporting documentation,
must be submitted to the Exchange within 30 calendar days of the
billing period (i.e., within thirty days from the issue date of the
invoice).\11\ After the appropriate verification and subsequent
acceptance, the Exchange credits the member's account for the amount of
the rebate (either $0.08 or $0.07 per contract side) on contracts
executed in transactions occurring as part of a merger spread strategy
or dividend spread strategy.
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release Nos. 48983 (December
23, 2003), 68 FR 75703 (December 31, 2003); and 51596 (April 21,
2005), 70 FR 22381 (April 29, 2005).
    \11\ Members who wish to benefit from the fee cap submit to the
Exchange the same written rebate request form with supporting
documentation to receive the cap.
---------------------------------------------------------------------------

    The Exchange now proposes to reduce the time period in which
dividend spread strategy and merger spread strategy rebate request
forms must be submitted to the Exchange from 30 calendar days to three
business days following the end of the previous month, e.g., for merger
spread and dividend spread transactions settling in December 2005,
rebate request forms for those transactions must be submitted by the
third business day in January 2006.\12\
---------------------------------------------------------------------------

    \12\ No new fees are being proposed, nor are any fees being
imposed retroactively. Rather, the rebate request form for January
2006, which covers transactions occurring in December 2005, is now
due at an earlier date.
---------------------------------------------------------------------------

    This proposal would be effective beginning with rebate request
forms that will be due in January 2006, which reflect trades settling
on or after December 1, 2005.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section
6(b) of the Act \13\ in general, and furthers the objectives of Section
6(b)(5) of the Act \14\ in particular, as 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.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 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, as
amended, 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

    No written comments were solicited or received on the proposed rule
change, as amended.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(i) of the Act \15\ and subparagraph (f)(1) of Rule 19b-4
thereunder \16\ because it constitutes a stated policy, practice, or
interpretation with respect to the meaning, administration, or
enforcement of an existing rule. 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.\17\
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A)(i).
    \16\ 17 CFR 240.19b-4(f)(1).
    \17\ The effective date of the original proposed rule change is
November 30, 2005, the date of the original filing, and the
effective dates of Amendments No. 1 and 2 are, respectively,
December 21, 2005 and January 10, 2006, the filing dates of the
amendments. For purposes of calculating the 60-day abrogation period
within which the Commission may summarily abrogate the proposed rule
change, as amended, under Section 19(b)(3)(C) of the Act, the
Commission considers the period to commence on January 10, 2006, the
date on which the Exchange submitted Amendment No. 2. 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, as amended, 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-Phlx-2005-75 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 20549-9303.

All submissions should refer to File Number SR-Phlx-2005-75. 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 such
filing also will be available for inspection and copying at the
principal office of the Phlx. 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-2005-75 and should be submitted on or before
February 8, 2006.
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\18\
Nancy M. Morris,
Secretary.
[FR Doc. E6-432 Filed 1-17-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 79, Number 27 (Monday, February 10, 2014)]
[Notices]
[Pages 7724-7726]
[FR Doc No: 2014-02747]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71475; File No. SR-NYSEArca-2014-09]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending the NYSE
Arca Equities Schedule of Fees and Charges for Exchange Services To
Eliminate the Tape B Adding Tier and Modify the Tape B Step Up Tier

February 4, 2014.
    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 January 23, 2014, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III 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.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend the NYSE Arca Equities Schedule of
Fees and Charges for Exchange Services (``Fee Schedule'') to eliminate
the Tape B Adding Tier and modify the Tape B Step Up Tier. The Exchange
proposes to implement the changes on February 1, 2014. The text of the
proposed rule change is available on the Exchange's Web site at
www.nyse.com, 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 self-regulatory organization
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 those 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 parts 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 the Fee Schedule to eliminate the
Tape B Adding Tier and modify the Tape B Step Up Tier. The Exchange
proposes to implement the changes on February 1, 2014.
    Currently, under the Tape B Adding Tier, the Exchange provides a
$0.0002 per share credit for ETP holders, including Market Makers, that
provide liquidity of 0.675% or more of U.S. consolidated ADV (``CADV'')
in Tape B Securities (``U.S. Tape B CADV'') for the billing month. When
the Exchange proposed the Tape B Adding Tier credit, the Exchange
expected it to incentivize ETP Holders to provide additional liquidity
to the Exchange in Tape B Securities; \4\ however, the credit has not
had the intended effect. Accordingly, the Exchange proposes to
eliminate the Tape B Adding Tier.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 69926 (July 3,
2013), 78 FR 41154 (July 9, 2013) (SR-NYSEArca-2013-67).

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

    The Exchange also proposes to revise the Tape B Step Up Tier.
Currently, ETP Holders, including Market Makers, that, on a daily
basis, measured monthly, directly execute providing volume in Tape B
Securities during the billing month (``Tape B Adding ADV'') that is
equal to at least the ETP Holder's May 2013 Tape B Adding ADV plus
0.275% of U.S. Tape B CADV for the billing month receive a credit of
$0.0004 per share for orders that provide liquidity to the Exchange in
Tape B Securities, which is in addition to the ETP Holder's Tiered or
Basic Rate credit(s). The Exchange proposes to revise the threshold for
qualifying for the tier by requiring ETP Holders, including Market
Makers, on a daily basis, measured monthly, to directly execute Tape B
Adding ADV that is equal to at least 0.275% of the U.S. Tape B CADV for
the billing month over the ETP Holder's or Market Maker's May 2013 Tape
B Adding ADV taken as a percentage of Tape B CADV (``Tape B Baseline %
CADV''). The Exchange believes that the revised threshold criteria are
more logical and fairer in that they take into account a change in a
Member's volume relative to CADV. The Tape B Step Up Tier would
continue to be a credit of $0.0004 per share in addition to the ETP
Holder's Tiered or Basic Rate credit(s).
    For example, under the proposed Fee Schedule, if the ETP Holder's
Tape B Baseline % CADV during May 2013 was 0.10%, the ETP Holder would
need to have a Tape B Adding ADV of at least 0.375% in order to qualify
for the applicable credit of $0.0004 per share (i.e., 0.10% Tape B
Baseline % CADV plus 0.275% of the U.S. Tape B CADV for the billing
month).
    The proposed change is not otherwise intended to address any other
issues, and the Exchange is not aware of any problems that ETP Holders
would have in complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\5\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\6\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that eliminating the Tape B Adding Tier is
reasonable because it has generally not incentivized ETP Holders to
provide additional liquidity in Tape B Securities as intended.\7\ The
Exchange believes that removal of the Tape B Adding Tier is equitable
and not unfairly discriminatory because it would be eliminated for all
ETP Holders.
---------------------------------------------------------------------------

    \7\ See supra note 4.
---------------------------------------------------------------------------

    The Exchange believes that revising the Tape B Step Up Tier is
reasonable because it would make the eligibility requirement consistent
with the Exchange's other variable eligibility requirements that also
are based on percentage of volume while still incenting ETP Holders and
Market Makers to provide liquidity in Tape B Securities. The Exchange
believes that the revised threshold criteria for this tier are more
logical and fairer in that they take into account a change in a
Member's volume relative to CADV. The Exchange believes that the
revised Tape B Step Up Tier is equitable and not unfairly
discriminating because the $0.0004 credit will remain the same and
would continue to be available for all ETP Holders, including Market
Makers, on an equal and non-discriminatory basis.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition. For these reasons, the Exchange
believes that the proposal is consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\8\ 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. In particular, the removal of the Tape B Adding
Tier will not impose a burden on competition because the tier will be
removed in its entirety and generally has not encouraged liquidity on
the Exchange, as intended. The revised Tape B Step Up Tier will not
place a burden on competition because it will apply uniformly to all
ETP Holders and Market Makers, and the Exchange does not propose to
change the level of the credit.
---------------------------------------------------------------------------

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

    The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues. In
such an environment, the Exchange must continually review, and consider
adjusting, its fees and credits to remain competitive with other
exchanges. For the reasons described above, the Exchange believes that
the proposed rule change promotes a competitive environment.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \9\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \10\ thereunder, because it establishes a due, fee, or other charge
imposed by the Exchange.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \11\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-NYSEArca-2014-09 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-NYSEArca-2014-09. 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 on
official business days between the hours of 10:00 a.m. and 3:00 p.m.
Copies of such filing also will be available for inspection and copying
at the principal offices of NYSE. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEArca-2014-09, and should be submitted on or before
March 3, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-02747 Filed 2-7-14; 8:45 am]
BILLING CODE 8011-01-P