[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Proposed Rules]
[Pages 7891-7897]
[FR Doc No: 2023-02235]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 88, No. 25 / Tuesday, February 7, 2023 /
Proposed Rules

SECURITIES AND EXCHANGE COMMISSION

5 CFR Part 4401

[Release No. 34-96768; File No. S7-02-23]
RIN 3209-AA15

Supplemental Standards of Ethical Conduct for Members and
Employees of the Securities and Exchange Commission

AGENCY: Securities and Exchange Commission.

ACTION: Proposed rule.

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SUMMARY: The Securities and Exchange Commission (``SEC'' or
``Commission''), with the concurrence of the Office of Government
Ethics (``OGE''), is jointly issuing with OGE this proposed rule for
Commission members and employees. This proposed rule would amend the
existing Supplemental Standards of Ethical Conduct for Members and
Employees of the Securities and Exchange Commission (``Supplemental
Standards'') jointly issued by SEC and OGE, would supplement the
Standards of Ethical Conduct for Employees of the Executive Branch (OGE
Standards) issued by OGE, and is necessary and appropriate to address
ethical issues unique to the SEC. The Commission is proposing to revise
transaction and reporting requirements for certain assets that pose a
low risk of conflicts of interest or appearance concerns, and to
prohibit employee ownership of sector funds that have a stated policy
of concentrating their investments in entities directly regulated by
the Commission. Further, the Commission proposes to authorize
collection of covered securities transactions and holdings data from
financial institutions through a third-party automated compliance
system. The Commission also proposes to correct certain technical
matters and adjust its transaction and reporting requirements to
provide the flexibility necessary to implement a third-party automated
compliance system.

DATES: Comments should be received on or before March 31, 2023.

ADDRESSES: Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/submitcomments.htm); or
     Send an email to [email protected]. Please include
File Number S7-02-23 on the subject line.

Paper Comments

     Send paper comments to Vanessa A. Countryman, Secretary,
Securities and Exchange Commission, 100 F Street NE, Washington, DC
20549-1090.

All submissions should refer to File Number S7-02-23. 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 website (https://www.sec.gov/rules/proposed.shtml).
Comments are also available for website viewing and printing in the
Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m. Operating conditions may limit access to the Commission's Public
Reference Room. All comments received will be posted without change.
Persons submitting comments are cautioned that we do not redact or edit
personal identifying information. You should submit only information
that you wish to make available publicly.
    Studies, memoranda, or other substantive items may be added by the
Commission or staff to the comment file during this rulemaking. A
notification of the inclusion in the comment file of any such materials
will be made available on the Commission's website. To ensure direct
electronic receipt of such notifications, sign up through the ``Stay
Connected'' option at www.sec.gov to receive notifications by email.

FOR FURTHER INFORMATION CONTACT: Richard Ufford or Jay Bragga, Office
of the Ethics Counsel,<PHONE_NUMBER>, Securities and Exchange
Commission, 100 F Street NE, Washington, DC 20549-1050.

SUPPLEMENTARY INFORMATION: The Commission is proposing to amend 5 CFR
4401.102 (Rule 102), its Supplemental Standards.

I. Background

    On August 7, 1992, OGE published the OGE Standards. See 57 FR
35006-35067, as corrected at 57 FR 48557, 57 FR 52483, and 60 FR 51167,
with additional grace period extensions for certain existing provisions
at 59 FR 4779-4780, 60 FR 6390-6391, and 60 FR 66857-66858. The OGE
Standards, codified at 5 CFR part 2635, effective February 3, 1993,
established uniform standards of ethical conduct that apply to all
executive branch personnel.
    Section 2635.105 of the OGE Standards authorizes an agency, with
the concurrence and joint issuance of OGE, to adopt agency-specific
supplemental regulations that are necessary and appropriate to properly
implement its ethics program. The Commission has previously adopted
supplemental regulations--found at 5 CFR part 4401--in 2010 with the
concurrence and joint issuance of OGE. See 75 FR 42273, July 20, 2010,
as amended at 76 FR 19902, Apr. 11, 2011. The Commission now seeks to
amend those existing supplemental regulations for the reasons set forth
below. The Commission, with OGE's concurrence, has determined that the
following proposed revisions to the supplemental regulations are
appropriate and necessary for successful implementation of the SEC's
ethics program in light of its unique programs and operations.

II. Proposed Amendments

    The Commission, with the concurrence of OGE, is proposing to amend
its Supplemental Standards to (1) prohibit employee ownership of sector
funds that have a stated policy of concentrating investments in
entities directly regulated by the Commission (referred to herein as
``Financial Industry Sector Funds''), (2) eliminate pre-clearance,
reporting, and holding period requirements for certain diversified
investments (referred to herein as ``Permissible Diversified Investment
Funds''), (3) enhance consistency, timeliness, and accountability in
employee reporting of purchases, sales, acquisitions, and dispositions
of securities by authorizing the Commission to collect such information
automatically from the employee's brokerage or financial institution(s)
through a third-party

automated compliance application, (4) clarify that the limitation on
purchasing securities that are part of an initial public offering (IPO)
until seven days after the IPO also applies to direct listings of
securities, and (5) make other structural and technical corrections to
the regulations.
    The SEC's revised supplemental rule would retain several important
compliance controls, which are among the most extensive compliance
restrictions in the Federal Government, including pre-clearance,
confirmation, and reporting of covered transactions (such as stocks,
bonds, and sector mutual funds), required minimum holding periods, and
mandatory annual certification of compliance.

A. Prohibited Ownership of Financial Industry Sector Funds

    The Commission is responsible for regulating the trading of
securities, investigating securities fraud and manipulations, requiring
registration of brokers, dealers, and investment advisers, and
supervising the activities of entities it regulates for compliance with
the securities laws. 17 CFR 200.1. To ensure that the public can have
the utmost trust in these activities, the Commission has long prevented
employees from purchasing or owning any ``security or other financial
interest in an entity directly regulated by the Commission.'' 5 CFR
4401.102(c)(1). The Commission is proposing to amend Sec.
4401.102(c)(1) to explicitly prohibit employee ownership of certain
Financial Industry Sector Funds by expanding the scope of ``entities
directly regulated by the Commission'' to include registered investment
companies, common investment trusts of a bank, companies exempt in part
or in total from registration under the Investment Company Act of 1940,
or other pooled investment vehicles that have a stated policy of
concentrating their investments in entities directly regulated by the
Commission. The purpose of this proposed amendment is to avoid
conflicts and appearance concerns with employee ownership of sector
funds that invest in entities the SEC directly regulates such as
registered broker dealers and investment advisers. The existing rule
prohibits employees from purchasing or holding securities issued by
such entities. Investments in mutual funds (including exchange-traded
funds), however, are permissible, provided employees comply with OGE's
regulatory exemptions pursuant to 18 U.S.C. 208(b)(2) found in 5 CFR
2640.201(b), which restrict participation in matters affecting one or
more holdings of a sector fund. Consistent with the Commission's risk-
based approach, the proposed revision recognizes Financial Industry
Sector Funds pose a substantial risk of conflicting with SEC work.
Thus, to guard against actual and perceived conflicts and appearance
concerns, the Commission proposes to expand the existing prohibition to
include investments in sector funds that focus on entities directly
regulated by the agency. In accordance with 5 CFR 2635.403(d), affected
employees will be given a reasonable period of time to divest Financial
Industry Sector Funds. Except in cases of unusual hardship, as
determined by the agency, a reasonable period shall not exceed 90 days
from the date divestiture is first directed. Affected employees may be
eligible for a Certificate of Divestiture under section 1043 of the
Internal Revenue Code and 5 CFR part 2634, subpart J.

B. Eliminating Preclearance, Reporting, and Holding Requirements for
Permissible Diversified Investment Funds

    The SEC's existing supplemental regulations require employees to
pre-clear all securities transactions and to confirm securities
transactions by reporting them to the SEC within five business days
after receipt of confirmation of the transaction. This current
requirement applies to all securities not explicitly exempted,
including diversified mutual funds and other diversified investment
products that pose little or no conflicts of interest for members and
employees. These diversified investment products, referred to herein as
``Permissible Diversified Investment Funds'' include diversified
registered investment companies (including open and closed-end mutual
funds and unit investment trusts), money market funds, as defined in 17
CFR 270.2a-7 (Investment Company Act Rule 2a-7), 529 plans, as defined
in the Internal Revenue Code, 26 U.S.C. 529, and diversified pooled
investment funds held in employee benefit plans or pension plans.
    To the extent that such funds qualify as diversified mutual funds
or diversified unit investment trusts in accordance with 5 CFR
2640.201(a), OGE has already provided broad exemptions from criminal
financial conflict of interest law, 18 U.S.C. 208, that permit
employees to participate in particular matters that could affect the
underlying holdings of such funds or the funds themselves. See 5 CFR
2640.201(a), (d). Other Permissible Diversified Investment Funds may
pose little or no conflict of interest concerns, such as pre-paid
college tuition plans authorized by States under section 529 of the
Internal Revenue Code and collective investment trusts that are
commonly held in defined contribution retirement plans. As a result,
the SEC's current pre-clearance and reporting requirements, as applied
to Permissible Diversified Investment Funds, have proven
disproportionately burdensome for both SEC employees and the SEC's
Office of the Ethics Counsel (OEC) staff, given the minimal risks such
assets pose for most SEC employees. In order to shift agency ethics
compliance resources to better focus on relatively higher-risk trading
and reporting of equities and the detection of any prohibited holdings,
the Commission is proposing to modify its rules to reduce the emphasis
on reporting and pre-clearing of Permissible Diversified Investment
Funds, assets that pose substantially lower ethics risk. This risk-
based approach would appropriately tailor compliance activities to
address trading and holdings that pose the most significant potential
for conflicts of interest. Based thereon, the SEC is proposing to add a
new paragraph (g)(1)(vi) to eliminate the preclearance, reporting, and
holding requirements for Permissible Diversified Investment Funds and
to modify existing paragraphs (c)(2) and (6), and paragraphs (e)(2) and
(3), to reflect the changes regarding such funds. These changes would
not apply to any sector funds, including Financial Industry Sector
Funds, as described above, or to any other entities directly regulated
by the Commission, or to any private equity, venture capital, hedge
fund, or similar pooled investment instruments.

C. Automated Reporting of Purchases, Sales, Acquisitions, and
Dispositions of Securities

    Currently, members and employees are required to report
transactions of securities to the OEC within five business days after
receipt of confirmation of the transaction so that ethics officials can
reconcile precleared trades. This reporting requirement is authorized
under 5 CFR 4401.102(f) and constitutes an additional supplemental
confidential reporting requirement authorized by OGE pursuant to
section 107 of the Ethics in Government Act of 1978, as amended, and 5
CFR 2634.103. Reporting is currently conducted by members and employees
through the Commission's Personal Trading Compliance System and relies
on employees to manually confirm and also provide evidence of
transactions through submission of brokerage or other financial
institution account statements. Although this process has

been successful, requiring employees to manually submit transaction and
brokerage data is burdensome and presents the opportunity for human
error. Moreover, OEC is aware that a number of private corporations
have shifted to automated software systems that provide direct
notification of securities transactions from an individual's broker or
other financial institution.
    The Commission therefore proposes to amend paragraph (f) of the
regulation to authorize OEC to collect covered securities transactions
and holdings data directly from financial institutions through a third-
party automated electronic system to satisfy the requirements to report
securities holdings and transaction information. This amendment would
reduce the burden on employees and compliance staff, and improve data
accuracy and completeness, by replacing the requirements for manually
submitted account statements and manual transaction confirmations. It
would also facilitate compliance by allowing the OEC to independently
verify employee holdings and transactions. Further, it would reduce the
risk of human error or oversight in reporting and reviewing of
securities holdings and transactions.
    The Commission has consulted with OGE on the proposal to authorize
OEC to require members and employees to comply with the reporting
requirements in paragraph (f) through a third-party automated
compliance system. OGE has advised that the proposed system is
consistent with section 107 of the Ethics in Government Act, which
permits OGE (and agencies, subject to OGE approval) to impose
additional confidential financial disclosure requirements on officers
and employees of the executive branch. Although the automated
transmission of brokerage statements and transaction information would
be effectuated by a member or employee's broker or other financial
institution, the broker is acting as an agent of the member or employee
in transmitting the information, and the ultimate responsibility for
complying with the reporting requirement is that of the employee. To
ensure that all employees are able to comply with the reporting
requirement, the Commission is proposing to provide that the Designated
Agency Ethics Official (DAEO) may permit a member or employee to
provide the required information through another means if they cannot
obtain consent from their brokerage or financial institution to use the
third-party automated compliance system. In exceptional circumstances,
the DAEO may permit any member or employee to report the required
holding and transaction information outside of any eventual automated
personal trading compliance system such as where OEC has determined
under the specific facts that use of the automated system is not
possible or would result in significant undue hardship.
    The Commission is also proposing to revise transaction reporting
deadlines to provide necessary flexibility to adjust for securities
transactions and holdings data obtained as proposed from financial
institutions though a third-party automated compliance system. The
Commission proposes to modify the existing five business day reporting
requirement to require all employees to report transactions in the
manner and according to the schedule required by the DAEO. It is OEC's
hope that any eventual automated third-party compliance system would
allow for trade notifications sooner than the current five day
requirement, and this amendment would maintain flexibility for the DAEO
to require earlier (or permit later) reporting for SEC employees, as
appropriate, using an automated third-party compliance system.

D. Prohibit Purchases of Direct Listed Assets

    Members and employees of the Commission are currently prohibited
from purchasing a security in an initial public offering (``IPO'') for
seven calendar days after the IPO is effective, except for IPOs of
shares in a registered investment company or other publicly traded or
publicly available collective investment fund. This restriction ensures
that employees do not use, or appear to use, material, non-public
information to their advantage in purchasing such securities.
    The Commission believes that securities that are directly listed on
an exchange present the same appearance concerns and risks as
securities offered in a traditional IPO, given that direct listings are
typically accompanied by the filing of a registration statement, as in
a traditional IPO. For that reason, the Commission proposes to expand
the limitation found at paragraph (c)(2) of the regulation to prohibit
a member or employee from purchasing securities that are directly
listed to an exchange for seven calendar days after the direct listing
effective date.
    The Commission also proposes to remove the current exception to the
prohibition on purchasing within seven calendar days for IPO shares in
a registered investment company or publicly traded or publicly
available collective investment fund because the Commission's proposed
exception for Permissible Diversified Investment Funds in paragraph (g)
would cover IPO shares in a registered investment company or publicly
traded or publicly available collective investment fund.

E. Technical Corrections

    Finally, the Commission is proposing to make certain definitional
and technical changes to its rules, which include updating language to
reflect that the Office of the Ethics Counsel is no longer part of the
Office of General Counsel.

III. Request for Public Comment

    We request and encourage any interested person to submit comments
on any aspect of the proposed amendments, other matters that might have
an impact on the proposed amendments, and suggestions for additional
changes. Comments are of particular assistance if accompanied by
analysis of the issues addressed in those comments and any data that
may support the analysis. We urge commenters to be as specific as
possible.

IV. Administrative Law Matters

    The Commission finds, in accordance with section 553(b)(3)(A) of
the Administrative Procedure Act (``APA''),\1\ that the proposed
amendments relate solely to agency organization, procedure, or
practice. They are therefore not subject to the provisions of the APA
requiring notice, opportunity for public comment, and publication. The
Regulatory Flexibility Act of 1980 \2\ therefore does not apply.
Nevertheless, we have determined that it would be useful to publish the
proposed amendments for notice and comment before adoption. Because the
proposed rule relates to ``agency organization, procedure or practice
that does not substantially affect the right or obligations of non-
agency parties,'' the proposed rule is not subject to the Small
Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(3)(C)). The
proposed rule does not contain any collection of information
requirements as defined by the Paperwork Reduction Act of 1995.\3\
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    \1\ 5 U.S.C. 553(b)(3)(A).
    \2\ 5 U.S.C. 601 et seq.
    \3\ 44 U.S.C. 3501 et seq.
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V. Economic Analysis

    The Commission is sensitive to the economic effects of its rules,
including the costs and benefits that result from its

rules.\4\ As discussed further below, we expect the economic effects of
the proposed amendments would be limited. The amendments do not
substantially alter preexisting requirements and are directed at
internal procedures that apply only to Commission members and
employees. Thus, we expect these changes would not impose any costs on
parties other than the Commission and its members and employees, or if
there are any such costs, we expect those costs to be negligible. We
further believe that the changes would not have any significant impact
on the functioning of securities markets, and so would have minimal, if
any, effects on efficiency, competition, and capital formation. Where
possible, we have attempted to quantify the costs, benefits, and
effects on efficiency, competition, and capital formation expected to
result from the proposed amendments.
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    \4\ Section 2(b) of the Securities Act, section 3(f) of the
Exchange Act, section 2(c) of the Investment Company Act, and
section 202(c) of the Advisers Act require us, when engaging in
rulemaking, to consider or determine whether an action is necessary
or appropriate in (or, with respect to the Investment Company Act,
consistent with) the public interest, and to consider, in addition
to the protection of investors, whether the action will promote
efficiency, competition, and capital formation. 15 U.S.C. 77b(b),
78c(f), 80a-2(c), 80b-2(c). In addition, section 23(a)(2) of the
Exchange Act requires the Commission to consider the effects on
competition of any rules the Commission adopts under the Exchange
Act and prohibits the Commission from adopting any rule that would
impose a burden on competition not necessary or appropriate in
furtherance of the purposes of the Exchange Act. 15 U.S.C.
78w(a)(2).
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    As explained above, the proposed amendments would allow the DAEO
flexibility to adjust transaction and reporting requirements for
securities and holdings data obtained as proposed from financial
institutions through a third-party automated compliance system and
eliminate disproportionately burdensome compliance requirements for
assets that pose minimal ethics risk, while expanding the scope of the
Supplemental Standards to include certain funds that pose relatively
higher ethics risk. We discuss below the potential benefits, costs, and
economic effects of three significant categories of proposed amendments
to the Supplemental Standards: (1) prohibiting employees from holding
Financial Industry Sector Funds; (2) eliminating the preclearance,
reporting, and holding period requirements for Permissible Diversified
Investment Funds; (3) authorizing OEC to collect covered securities
transactions data directly from financial institutions through a third-
party automated electronic system and adjusting transaction reporting
deadlines to account for implementation of such systems; and (4)
prohibiting purchases of direct listed assets for seven calendar days
after the direct listing effective date. In addition, the proposed
amendments make certain definitional and technical changes that we
believe would not have a substantial economic effect.

A. Proposed Amendments Concerning Financial Industry Sector Funds

    The Commission is proposing to explicitly prohibit employee
ownership of Financial Industry Sector Funds by expanding the scope of
``entities directly regulated by the Commission,'' and excluding
Financial Industry Sector Funds from the exception for Permissible
Diversified Investment Funds. The existing rules prohibit members and
employees from purchasing or holding securities of entities directly
regulated by the Commission, but not Financial Industry Sector Funds
that focus on investing in entities directly regulated by the
Commission. Investments in Financial Industry Sector Funds, however,
are subject to preclearance, reporting, and holding period requirements
in the Supplemental Standards.
    The proposed amendments could enhance the integrity of the capital
markets by further guarding against the perception of improper use of
nonpublic information by SEC employees. Expanding the prohibition to
include investments in Financial Industry Sector Funds would reduce the
risk of actual or perceived conflicts of interests and could bolster
investor confidence in capital markets.
    The cost to implementing this amendment would be borne mostly by
the members and employees who currently hold these funds, as the
Commission would require members and employees to sell, or otherwise
divest, these types of assets. We do not have sufficient information to
quantify the total effects associated with such divestment. Finally, we
expect that implementing the proposed amendments would not add
significant technical and administrative costs to the Commission as
compliance would be accomplished via the Commission's existing
compliance system with minimal upgrade costs.

B. Proposed Amendments Concerning Permissible Diversified Investment
Funds

    The Commission is proposing to modify its rules to eliminate the
preclearance, reporting, and holding period requirements for
Permissible Diversified Investment Funds by making them exempt from
such requirements under Rule 102(g)(1). Under the current rule,
Commission members and employees are required to preclear all trades in
Permissible Diversified Investment Funds and confirm any such executed
transactions. Commission members and employees are required to hold
Permissible Diversified Investment Funds for at least 30 days before
selling.
    The proposed amendments would benefit Commission members and
employees by removing certain procedural requirements that currently
apply to their purchases and sales of Permissible Diversified
Investment Funds and consequently reducing delays in executing
investment choices. The magnitude of the benefits, however, would
depend on how implementing the proposed amendments would affect
individual members' and employees' investment decisions and portfolios,
which is difficult to predict.
    We do not expect that the proposed amendments would impose costs on
the Commission, its members and employees, or the public. Because
Permissible Diversified Investment Funds are diversified and therefore
eligible for most applicable regulatory conflicts exemptions, we expect
that the proposed exemption would add no significant risk of real or
perceived conflicts of interest, and would allow the Commission to
focus on employees' holdings or transactions that present more
significant conflicts and appearance concerns.

C. Proposed Amendments Concerning Automated Reporting of Purchases,
Sales, Acquisitions, and Dispositions of Securities and Related
Adjustment of Transaction Reporting Deadlines

    The Commission is proposing to amend Rule 102(f) to authorize OEC
to collect covered securities transactions and holdings data directly
from financial institutions through a third-party automated electronic
system to satisfy the requirements to report securities holdings and
transaction information and to modify the existing five-business-days
reporting requirement to require all members and employees to report
transactions that are not exempt under Rule 102(g)(1) in the manner and
according to the schedule required by the DAEO.
    We do not expect the proposed amendments to result in significant
economic effects to the Commission or members of the public. The
proposed amendments would benefit Commission members and employees by
reducing their reporting costs because manual submission of transaction
data would no

longer be necessary.\5\ In addition, the proposed amendments could
enhance the integrity of Commission operations by allowing more
effective OEC oversight of member and employee activity through
improved data accuracy and completeness and independent verification of
employee holdings and transactions. The proposed amendments may provide
more or less time for Commission members and employees to report the
transactions depending on the schedule set by the DAEO.
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    \5\ See Section II.0, supra.
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    The costs of implementing an automated electronic reporting system
would be borne mostly by the Commission, including both initial costs
of setting up the system and ongoing maintenance costs. We do not
expect that the proposed amendments will impose costs on the public.

D. Proposed Amendments Concerning Prohibiting Purchases of Direct
Listed Assets

    The Commission is proposing to expand the limitation in Rule
102(c)(2) to prohibit a member or employee from purchasing securities
that are directly listed on an exchange for seven calendar days after
the direct listing effective date.
    The Commission believes that the proposed limitation could benefit
the integrity of the capital markets by further guarding against the
perception of improper use of nonpublic information by SEC employees.
Expanding the prohibition to include direct listed assets would reduce
the risk of actual or perceived conflicts of interests and could
bolster investor confidence in capital markets.
    The costs from implementing this amendment would be borne mostly by
the members and employees who may otherwise have purchased securities
that are directly listed on an exchange insofar as the proposed
limitation will restrict their investment options. We do not expect
that the proposed amendments will impose costs on the Commission or the
public.
    We request comment on all aspects of our economic analysis,
including the potential costs and benefits of proposed amendments.
Commenters are requested to provide empirical data, estimation
methodologies, and other factual support for their views.

Statutory Basis and Text of Rule

    These amendments to the Commission's ethics rules are being
proposed pursuant to statutory authority granted to OGE and to the
Commission. These include 5 U.S.C. 7301; 5 U.S.C. Ch 131. (Ethics in
Government Act of 1978); E.O. 12674, 54 FR 15159; 3 CFR 1989 Comp., p.
215, as modified by E.O. 12731, 55 FR 42547; 3 CFR, 1990 Comp., p. 306;
5 CFR 2634.103, 5 CFR 2634.201(f); 5 CFR 2635.105, 2635.403, 2635.803;
15 U.S.C. 77s, 78w, 77sss, 80a-37, 80b-11.

List of Subjects in 5 CFR Part 4401

    Administrative practice and procedure, Conflict of interests,
Ethical conduct, Government employees, Government ethics, Securities.

Authority and Issuance

    For the reasons set forth in the preamble, the SEC, with the
concurrence of OGE, is proposing to amend title 5 of the Code of
Federal Regulations, chapter XXXIV, part 4401, as follows:

PART 4401--SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR MEMBERS
AND EMPLOYEES OF THE SECURITIES AND EXCHANGE COMMISSION

0
1. The authority citation for part 4401 is revised to read as follows:

    Authority:  5 U.S.C. 7301; 5 U.S.C. Ch 131. 15 U.S.C. 77s, 78w,
77sss, 80a-37, 80b-11; E.O. 12674, 54 FR 15159, 3 CFR 1989 Comp., p.
215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p.
306; 5 CFR 2634.103, 2634.201(f), 2635.105, 2635.403, and 2635.803.

0
2. Revise Sec.  4401.102 to read as follows:

Sec.  4401.102   Prohibited and restricted financial interests and
transactions.

    (a) Applicability. The requirements of this section apply to all
securities holdings or transactions effected, directly or indirectly,
by or on behalf of a member or employee, the member's or employee's
spouse, the member's or employee's unemancipated minor child, or any
person for whom the member or employee serves as legal guardian. A
member or employee is deemed to have sufficient interest in the
securities holdings and transactions of his or her spouse,
unemancipated minor child, or person for whom the member or employee
serves as legal guardian that such holdings or transactions are subject
to all the terms of this part.
    (b) In general. (1) Members and employees are prohibited from
purchasing or selling any security while in possession of material
nonpublic information regarding that security. Nonpublic information
has the meaning as provided in 5 CFR 2635.703(b).
    (2) Members and employees are prohibited from recommending or
suggesting to any person the purchase or sale of security:
    (i) Based on material nonpublic information regarding that
security; or
    (ii) That the member or employee could not purchase or sell because
of the restrictions contained in this Rule.
    (c) Prohibited and restricted holdings and transactions. Members
and employees are prohibited from:
    (1) Knowingly purchasing or holding a security or other financial
interest in an entity directly regulated by the Commission, including a
registered investment company, common investment trust of a bank,
company exempt in part or in total from registration under the
Investment Company Act of 1940, or other pooled investment vehicle that
has a stated policy of concentrating investments in entities directly
regulated by the Commission.
    (2) Purchasing a security in an initial public offering (``IPO'')
or direct listing prior to seven calendar days after the IPO or direct
listing effective date;
    (3) Purchasing or otherwise carrying securities on margin;
    (4) Selling securities short as defined in 17 CFR 242.200(a);
    (5) Accepting a loan from, or entering into any other financial
relationship with, an entity, institution or other person directly
regulated by the Commission if the loan or financial relationship is
governed by terms more favorable than would be available in like
circumstances to members of the public, except as otherwise permitted
by 5 CFR part 2635, subpart B (Gifts from outside sources);
    (6) Engaging in transactions involving financial instruments that
are derivatives of securities (that is, the value of the security
depends on or is derived from, in whole or in part, the value of
another security, or a group, or an index of securities); and
    (7) Purchasing or selling any security issued by an entity that is:
    (i) Under investigation by the Commission;
    (ii) A party to a proceeding before the Commission; or
    (iii) A party to a proceeding to which the Commission is a party.
    (d) Prior clearance of transactions in securities or related
financial interests. (1) Except as set forth in paragraph (g) of this
section, members and employees must confirm before entering into any
security or other related financial transaction that the security or
related financial transaction is not prohibited or restricted as to
them by clearing the transaction in the manner required by the
Designated Agency Ethics Official (``DAEO''). A member or employee will

have five business days after clearance to effect a transaction.
    (2) Documentation of the clearance of any transaction pursuant
paragraph (d) of this section shall be prima facie evidence that the
member or employee has not knowingly purchased, sold, or held such
financial interest in violation of the provisions of paragraph (c)(1),
(2), (6), or (7) of this section.
    (3) The DAEO shall be responsible for administering the
Commission's clearance systems. The DAEO shall maintain a record of
securities that members and employees may not purchase or sell, or
otherwise hold, because such securities are the subject of the various
prohibitions and restrictions contained in this section.
    (e) Holding periods for securities and related financial
interests--(1) General rule. Except as set forth in paragraphs (e) and
(g) of this section members and employees must hold a security
purchased after commencement of employment with the Commission for a
minimum of six (6) months from the trade date.
    (2) General exceptions. This holding period does not apply to:
    (i) Securities sold for ninety percent (90%) or less of the
original purchase price; and
    (ii) Securities with an initial term of less than six (6) months
that are held to term.
    (3) Exception for shares in sector funds. Members and employees
must hold shares in sector mutual funds and sector unit investment
trusts as those terms are defined at 5 CFR 2640.102(q), that are not
otherwise prohibited under paragraph (c)(1), for a minimum of thirty
(30) days from the purchase date.
    (f) Reporting requirements. (1) Except as set forth in paragraph
(g) of this section, members and employees must report and certify all
securities holdings according to the schedule and in the manner
required by the DAEO;
    (2) Members and employees must report all purchases, sales,
acquisitions, or dispositions of securities in the manner and according
to the schedule required by the DAEO.
    (3) Any person who receives a conditional offer of employment from
the Commission must report all securities holdings after acceptance of
that offer and before commencement of employment with the Commission on
the form prescribed by the Commission.
    (4) The DAEO may require members and employees to comply with the
reporting requirements in this section by authorizing their brokerage
or financial institution(s) to provide automatic transmission of
brokerage statements and transaction information through a third-party
automated compliance system. The DAEO may permit a member or employee
to provide the required information through another means if they
cannot obtain consent from their brokerage or financial institution to
use the third-party automated compliance system.
    (g) Exceptions. (1) The following holdings and transactions are
exempt from the requirements of paragraphs (c), (d), (e), and (f) of
this section:
    (i) Securities transactions effected by a member's or employee's
spouse on behalf of an entity or person other than the member or
employee, the member's or employee's spouse, the member's or employee's
unemancipated minor child, or any person for whom the member or
employee serves as legal guardian;
    (ii) Securities holdings and transactions of a member's or
employee's legally separated spouse living apart from the member or
employee (including those effected for the benefit of the member's or
employee's unemancipated minor child), provided that the member or
employee has no control, and does not, in fact, control, advise with
respect to, or have knowledge of those holdings and transactions;
    (iii) Securities issued by the United States Government or one of
its agencies;
    (iv) Investments in funds administered by the Thrift Savings Plan
or by any retirement plan administered by a Federal Government agency;
    (v) Certificates of deposit or other comparable instruments issued
by depository institutions subject to Federal regulation and Federal
deposit insurance; and
    (vi)(A)(1) Mutual funds and unit investment trusts, as those terms
are defined in 5 CFR 2640.102(k) and (u), that are diversified as that
term is defined in 5 CFR 2640.102(a);
    (2) Money market funds as defined in 17 CFR 270.2a-7 (Investment
Company Act Rule under rule 2a-7);
    (3) 529 plans as defined in the Internal Revenue Code, 26 U.S.C.
529.
    (4) Diversified pooled investment funds held in an employee benefit
plan as defined at 5 CFR 2640.102(c) or pension plan as defined in 5
CFR 2640.102(n).
    (B) The exemption in this paragraph (g)(1)(vi) does not apply to
other investments in pooled investment funds that are exempt from
registration under the Investment Company Act of 1940, including hedge
funds, private equity funds, venture capital funds, or similar non-
registered investment funds.
    (2) The following holdings and transactions are exempt from the
requirements of paragraphs (c), (d), and (e) of this section, but these
interests must be reported in accordance with paragraph (f) of this
section:
    (i) The holdings of a trust in which the member or employee (or the
member's or employee's spouse, the member's or employee's unemancipated
minor child, or person for whom the member or employee serves as legal
guardian) is:
    (A) Solely a vested beneficiary of an irrevocable trust; or
    (B) Solely a vested beneficiary of a revocable trust where the
trust instrument expressly directs the trustee to make present,
mandatory distributions of trust income or principal; provided, the
member or employee did not create the trust, has no power to control,
and does not, in fact, control or advise with respect to the holdings
and transactions of the trust;
    (ii) Acceptance or reinvestment of stock dividends on securities
already owned;
    (iii) Exercise of a right to convert securities; and
    (iv) The acquisition of stock or the acquisition or the exercise of
employee stock options, or other comparable instruments, received as
compensation from an issuer that is:
    (A) The member's or employee's former employer; or
    (B) The present or former employer of the member's or employee's
spouse.
    (h) Waivers. (1) Members may request from the Commission a waiver
of the prohibitions or limitations that would otherwise apply to a
securities holding or transaction on the grounds that application of
the rule would cause an undue hardship. A member requests a waiver by
submitting a confidential written application to the Commission's
Office of the Ethics Counsel. The DAEO will review the request and
provide to the Commission a recommendation for resolution of the waiver
request. In developing a recommendation, the DAEO may consult, on a
confidential basis, other Commission personnel as the DAEO in his or
her discretion considers necessary.
    (2) Employees may request from the DAEO a waiver of the
prohibitions or limitations that would otherwise apply to a securities
holding or transaction on the grounds that application of the rule
would cause an undue hardship. An employee requests a waiver by
submitting a confidential written application to the Commission's
Office of the Ethics Counsel in the manner prescribed by the DAEO. In
considering a waiver request, the DAEO, or his or her designee, may
consult with the

employee's supervisors and other Commission personnel as the DAEO in
his or her discretion considers necessary.
    (3) The Commission or the DAEO, as applicable, will provide written
notice of its determination of the waiver request to the requesting
member or employee.
    (4) The Commission or the DAEO, as applicable, may condition the
grant of a waiver under this provision upon the agreement to certain
undertakings (such as execution of a written statement of
disqualification) to avoid the appearance of misuse of position or loss
of impartiality, and to ensure confidence in the impartiality and
objectivity of the Commission. The Commission or DAEO, as applicable,
shall note the existence of conditions on the waiver and describe them
in reasonable detail in the text of the waiver-request determination.
    (5) The grant of a waiver requested pursuant to this section must
reflect the judgment that the waiver:
    (i) Is necessary to avoid an undue hardship; and, under the
particular circumstances, application of the prohibition or restriction
is not necessary to avoid the appearance of misuse of position or loss
of impartiality, or otherwise necessary to ensure confidence in the
impartiality and objectivity of the Commission;
    (ii) Is consistent with 18 U.S.C. 208 (Acts affecting a personal
financial interest), 5 CFR part 2635 (Standards of ethical conduct for
employees of the executive branch), and 5 CFR part 2640
(Interpretation, exemptions and waiver guidance concerning 18 U.S.C.
208); and
    (iii) Is not otherwise prohibited by law.
    (6) The determination of the Commission with respect to a member's
request for a waiver is final and binding on the member.
    (7) The determination of the DAEO with respect to an employee's
request for a waiver may be appealed to the Commission, in accordance
with the requirements of 17 CFR 201.430 and 201.431 (Rules 430 and 431
of the Commission's Rule of Practice). The determination of the DAEO
or, if appealed, the Commission, is final and binding on the employee.
    (8) Notwithstanding the grant of a waiver, a member or employee
remains subject to the disqualification requirements of 5 CFR 2635.402
(Disqualifying financial interests) and 5 CFR 2635.502 (Personal and
business relationships) with respect to transactions or holdings
subject to the waiver.
    (i) Required disposition of securities. The DAEO is authorized to
require disposition of securities acquired as a result of a violation
of the provisions of this section, whether unintentional or not. The
DAEO shall report repeated violations to the Commission for appropriate
action.

    By the Securities and Exchange Commission.

    Dated: January 30, 2023.
Vanessa A. Countryman,
Secretary.
Emory A. Rounds, III,
Director, Office of Government Ethics.
[FR Doc. 2023-02235 Filed 2-6-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: April 16, 2010 (Volume 75, Number 73)]
[Proposed Rules]
[Page 19923-19924]
[DOCID:fr16ap10-19]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2010-0237; FRL-9138-5]

Revisions to the California State Implementation Plan, Yolo-
Solano Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the Yolo-Solano Air
Quality Management District (YSAQMD) portion of the California State
Implementation Plan (SIP). These revisions concern volatile organic
compound (VOC), oxides of nitrogen (NOX), oxides of sulfur
(SOX), particulate matter (PM), and carbon monoxide (CO)
emissions from the permanent curtailment of burning rice straw. We are
approving a local rule that regulates these emission sources under the
Clean Air Act as amended in 1990 (CAA or the Act). We are taking
comments on this proposal and plan to follow with a final action.

DATES: Any comments must arrive by May 17, 2010.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2010-0237, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions.
     E-mail<EMAIL_ADDRESS>     Mail or deliver: Andrew Steckel (Air-4), U.S.
Environmental Protection Agency Region IX, 75 Hawthorne Street, San
Francisco, CA 94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://
www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://
www.regulations.gov or e-mail. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public comment. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment.
    Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Lily Wong, EPA Region IX, (415) 947-
4114<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule addressed by this proposal with the dates
that it was adopted by the local air agency and submitted by the
California Air Resources Board.

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
                                                Rule
                Local agency                             Rule title              Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
YSAQMD.....................................       3.21  Rice Straw Emission Reduction      12/10/08     03/17/09
                                                         Credits.
----------------------------------------------------------------------------------------------------------------

    On April 20, 2009, EPA determined that the submittal for YSAQMD
Rule 3.21 met the completeness criteria in 40 CFR part 51 Appendix V,
which must be met before formal EPA review.

B. Are there other versions of this rule?

    There are no previous versions of Rule 3.21 in the SIP.

C. What is the purpose of the submitted rule?

    VOCs and NOX help produce ground-level ozone and smog,
which harm human health and the environment. PM contributes to effects
that are harmful to human health and the environment, including
premature mortality, aggravation of respiratory and cardiovascular
disease, decreased lung function, visibility impairment, and damage to
vegetation and ecosystems. Section 110(a) of the CAA requires States to
submit regulations that control VOC, NOX, and PM emissions.
    Historically, the practice of rice growing included burning the
field stubble or straw following harvest to kill weeds and insects and
prepare the field for next year's plantings. The purpose of Rule 3.21
is to provide procedures to quantify, certify and issue emission
reduction credits (ERCs) that have resulted from the permanent
curtailment of rice straw burning in YSAQMD. Approval of Rule 3.21 into
the SIP would allow these ERCs to be used as offsets under YSAQMD's New
Source Review (NSR) rule. EPA's technical support document (TSD) has
more information about this rule.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rule?

    Generally, SIP rules must be enforceable (see section 110(a) of the
Act), and must not relax existing requirements (see sections 110(l) and
193). In addition, a rule of this type that generates emission
reduction credits for use as offsets in the NSR program must meet the
NSR requirement for valid offsets (see section 173(c)) and should meet
the criteria set forth in EPA's guidance concerning economic incentive
programs.
    Guidance and policy documents that we use to evaluate these
criteria consistently include the following:
    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations; Clarification to Appendix D of November 24, 1987 Federal
Register Notice,'' (Blue Book), notice of availability published in the
May 25, 1988 Federal Register.
    2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    3. ``State Implementation Plans; Nitrogen Oxides Supplement to the
General Preamble; Clean Air Act Amendments of 1990 Implementation of
Title I; Proposed Rule,'' (the NOx Supplement), 57 FR 55620,
November 25, 1992.
    4. New Source Review--Section 173(c) of the CAA and 40 CFR part 51,
appendix S, ``Emission Offset Interpretative Ruling'' require certain
sources to obtain emission reductions to offset increased emissions
from new projects.
    5. ``Improving Air Quality with Economic Incentive Programs,'' EPA-
452/R-01-001, January 2001.

B. Does the rule meet the evaluation criteria?

    We believe this rule is consistent with the relevant policy and
guidance regarding enforceability, SIP relaxations, and economic
incentive programs; and ensures that the emission reductions are real,
surplus, quantifiable, enforceable, and permanent. This rule includes
detailed emissions quantification protocols and enforceable procedures
which provide the necessary assurance that the emission reduction
credits issued will meet the criteria for valid NSR offsets. The TSD
has more information on our evaluation.

C. Public Comment and Final Action

    Because EPA believes the submitted rule fulfills all relevant
requirements, we are proposing to fully approve it as described in
section 110(k)(3) of the Act. We will accept comments from the public
on this proposal for the next 30 days. Unless we receive convincing new
information during the comment period, we intend to publish a final
approval action that will incorporate this rule into the federally
enforceable SIP.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Volatile organic compounds.

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

    Dated: April 1, 2010.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2010-8771 Filed 4-15-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 25 (Friday, February 6, 2015)]
[Notices]
[Page 6731]
[FR Doc No: 2015-02408]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0824]

Anesthetic and Analgesic Drug Products Advisory Committee; Notice
of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Anesthetic and Analgesic Drug Products Advisory
Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on March 18, 2015, from 8
a.m. to 5 p.m.
    Location: Holiday Inn Gaithersburg, Grand Ballroom, 2 Montgomery
Village Ave., Gaithersburg, MD 20879. The hotel's telephone number is
301-948-8900. Answers to commonly asked questions including information
regarding special accommodations due to a disability, visitor parking,
and transportation may be accessed at: http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.
    Contact Person: Stephanie L. Begansky, Center for Drug Evaluation
and Research, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002,<PHONE_NUMBER>, FAX:
301-847-8533, email<EMAIL_ADDRESS>or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area). A notice in the Federal Register about last minute modifications
that impact a previously announced advisory committee meeting cannot
always be published quickly enough to provide timely notice. Therefore,
you should always check the Agency's Web site at http://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before coming to
the meeting.
    Agenda: The committee will discuss new drug application (NDA)
022225, sugammadex sodium injection, submitted by Organon USA Inc., for
the proposed indication of reversal of moderate or deep neuromuscular
blockade induced by rocuronium or vecuronium.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
March 4, 2015. Oral presentations from the public will be scheduled
between approximately 1 p.m. and 2 p.m. Those individuals interested in
making formal oral presentations should notify the contact person and
submit a brief statement of the general nature of the evidence or
arguments they wish to present, the names and addresses of proposed
participants, and an indication of the approximate time requested to
make their presentation on or before February 24, 2015. Time allotted
for each presentation may be limited. If the number of registrants
requesting to speak is greater than can be reasonably accommodated
during the scheduled open public hearing session, FDA may conduct a
lottery to determine the speakers for the scheduled open public hearing
session. The contact person will notify interested persons regarding
their request to speak by February 25, 2015.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Stephanie L.
Begansky at least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: February 2, 2015.
Jill Hartzler Warner,
Associate Commissioner for Special Medical Programs.
[FR Doc. 2015-02408 Filed 2-5-15; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 86, Number 47 (Friday, March 12, 2021)]
[Notices]
[Pages 14169-14170]
[FR Doc No: 2021-05170]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IA-5696]

Notice of Intention To Cancel Registration Pursuant to Section
203(H) of The Investment Advisers Act of 1940

March 9, 2021.
    Notice is given that the Securities and Exchange Commission (the
``Commission'') intends to issue an order, pursuant to section 203(h)
of the Investment Advisers Act of 1940 (the ``Act''), cancelling the
registration of BWM Advisory LLC [File No. 801-108290], hereinafter
referred to as the ``registrant.''

    Section 203(h) of the Act provides, in pertinent part, that if the
Commission finds that any person registered under section 203 of the
Act, or who has pending an application for registration filed under
that section, is no longer in existence, is not engaged in business as
an investment adviser, or is prohibited from registering as an
investment adviser under section 203A of the Act, the Commission shall
by order, cancel the registration of such person.
    The registrant indicated on its Form ADV that it is no longer
eligible to remain registered with the Commission but has not filed a
Form ADV-W to withdraw from Commission registration. As a result, it
appears that the registrant is prohibited from registering as an
investment adviser under section 203A of the Act. Accordingly, the
Commission believes that reasonable grounds exist for finding that the
registrant is not eligible to be registered with the Commission as an
investment adviser and that the registration should be cancelled
pursuant to section 203(h) of the Act.
    Notice also is given that any interested person may, by April 3,
2021, at 5:30 p.m., submit to the Commission in writing a request for a
hearing on the cancellation, accompanied by a statement as to the
nature of his or her interest, the reason for such request, and the
issues, if any, of fact or law proposed to be controverted, and he or
she may request that he or she be notified if the Commission should
order a hearing thereon. Any such communication should be emailed to
the Commission's Secretary at<EMAIL_ADDRESS>    At any time after April 3, 2021, the Commission may issue an order
cancelling the registration, upon the basis of the information stated
above, unless an order for a hearing on the cancellation shall be
issued upon request or upon the Commission's own motion. Persons who
requested a hearing, or who requested to be advised as to whether a
hearing is ordered, will receive any notices and orders issued in this
matter, including the date of the hearing (if ordered) and any
postponements thereof. Any adviser whose registration is cancelled
under delegated authority may appeal that decision directly to the
Commission in accordance with rules 430 and 431 of the Commission's
rules of practice (17 CFR 201.430 and 431).

ADDRESSES:  The Commission<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT:  Alexis Palascak, Senior Counsel at
202-551-6999; SEC, Division of Investment Management, Investment
Adviser Regulation Office, 100 F Street NE, Washington, DC 20549-8549.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.\1\
---------------------------------------------------------------------------

    \1\ 17 CFR 200.30-5(e)(2).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-05170 Filed 3-11-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: April 14, 2008 (Volume 73, Number 72)]
[Proposed Rules]
[Page 20002-20005]
[DOCID:fr14ap08-24]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2008-0097; FRL-8554-5]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Section 110(a)(1) 8-Hour Ozone Maintenance Plan and 2002
Base-Year Inventory for the Wayne County Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Commonwealth of Pennsylvania. The
Pennsylvania Department of Environmental Protection (PADEP) submitted a
SIP revision consisting of a maintenance plan that provides for
continued attainment of the 8-hour ozone national ambient air quality
standard (NAAQS) for at least 10 years after the April 30, 2004
designations, as well as, a 2002 base-year inventory for the Wayne
County Area. EPA is proposing approval of the maintenance plan and the
2002 base-year inventory

in accordance with the requirements of the Clean Air Act (CAA).

DATES: Written comments must be received on or before May 14, 2008.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2008-0097 by one of the following methods:
    A. http://www.regulations.gov. Follow the online instructions for
submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2008-0097, Cristina Fernandez, Chief, Air
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2008-0097. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov website
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://
www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at Pennsylvania Department of
Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468,
400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On December 17, 2007, PADEP formally
submitted for approval, under section 110(a)(1) of the CAA, a SIP
revision for the 8-hour ozone maintenance plan and the 2002 base-year
inventory for the Wayne County Area.

I. Background

    Section 110(a)(1) of the CAA requires that states submit to EPA
plans to maintain the NAAQS promulgated by EPA. EPA interprets this
provision to require that areas that were maintenance areas for the 1-
hour ozone NAAQS, but attainment for the 8-hour ozone NAAQS, submit a
plan to demonstrate the continued maintenance of the 8-hour ozone
NAAQS.
    On May 20, 2005, EPA issued guidance that applies to areas that are
designated unclassifiable/attainment for the 8-hour ozone standard. The
purpose of this guidance is to address the maintenance requirements in
section 110(a)(1) of the CAA, and to assist the states in the
development of a SIP. The components from EPA's guidance include: (1)
An attainment emissions inventory, which is based on actual ``typical
summer day'' emissions of volatile organic compounds (VOCs) and
nitrogen oxides (NOX) for a 10-year maintenance period, from
a base-year chosen by the state; (2) a maintenance demonstration, which
demonstrates how the area will remain in compliance with the 8-hour
ozone standard for a period of 10 years following the effective date of
designation unclassifiable/attainment (June 15, 2004); (3) an ambient
air monitoring network, which will be in continuous operation in
accordance with 40 CFR Part 58 to verify maintenance of the 8-hour
ozone standard; (4) a contingency plan, that will ensure that in the
event of a violation of the 8-hour ozone NAAQS, measures will be
implemented as promptly as possible; (5) a verification of continued
attainment, indicating how the state intends on tracking the progress
of the maintenance plan.

II. Summary of SIP Revision

    The Commonwealth of Pennsylvania has requested approval of its 8-
hour ozone maintenance plan and 2002 base-year inventory for the Wayne
County Area. The PADEP 8-hour ozone maintenance plan addresses the five
components of EPA's May 20, 2005 guidance, which pertains to the
maintenance requirements in section 110(a)(1) of the CAA.
    Attainment Emission Inventory: An attainment emissions inventory
includes emissions during the time period associated with the
monitoring data showing attainment. PADEP has provided an emissions
inventory for VOCs and NOX, using 2002 as the base-year from
which to project emissions. The 2002 inventory is consistent with EPA
guidance, is based on actual ``typical summer day'' emissions of VOCs
and NOX, and consists of a list of sources and their
associated emissions. PADEP prepared comprehensive VOCs and
NOX emissions inventories for the Wayne County Area. In the
maintenance plan, PADEP included information on the man-made sources of
ozone precursors, VOCs and NOX (e.g., ``stationary
sources,'' ``stationary area sources,'' ``highway vehicles,'' and
``nonroad sources'').
    Pennsylvania projected emissions for beyond 10 years from the
effective date of the April 30, 2004 designations for the 8-hour ozone
standard. PADEP has developed an emissions inventory for ozone
precursors for the year 2002, 2009, and 2018. Tables 1 and 2 show the
VOCs and NOX emissions reduction summary for 2002, 2009, and
2018.

          Table 1.--VOC Emissions Summary: 2002, 2009 and 2018
                          [Tons per summer day]
------------------------------------------------------------------------
         Major source category              2002       2009       2018
------------------------------------------------------------------------
Stationary Point Sources *.............       0.00       0.00       0.00
Stationary Area Sources................       3.12       2.80       2.92
Highway Vehicles.......................       2.54       1.66       0.96
Nonroad Sources........................       7.61       8.66       6.10
                                        --------------------------------
    Total..............................      13.27      13.12       9.98
------------------------------------------------------------------------
* Values are greater than zero. Values appear as zero due to rounding.

          Table 2.--NOX Emissions Summary: 2002, 2009 and 2018
                          [Tons per summer day]
------------------------------------------------------------------------
         Major source category              2002       2009       2018
------------------------------------------------------------------------
Stationary Point Sources...............       0.10       0.10       0.10
Stationary Area Sources................       0.32       0.34       0.36
Highway Vehicles.......................       4.20       2.60       1.12
Nonroad Sources........................       1.46       1.35       0.99
                                        --------------------------------
    Total..............................       6.08       4.39       2.57
------------------------------------------------------------------------

    EPA believes Pennsylvania has demonstrated that the VOCs and
NOX emissions in the Wayne County Area will improve due to
permanent and enforceable reductions in emissions resulting from
implementation of the SIP, federal measures, and other state-adopted
measures.
    Maintenance demonstration: As Table 1 and 2 indicate, the Wayne
County Attainment Area plan shows maintenance of the 8-hour ozone NAAQS
by demonstrating that future emissions of VOCs and NOX
remain at or below the 2002 base-year emissions levels through the year
2018.
    Based upon the comparison of the projected emissions and the 2002
base-year inventory emissions, along federal and state measures, EPA
concludes that PADEP successfully demonstrates that the 8-hour ozone
standard will be maintained in the Wayne County Area. Further details
of Wayne County Attainment Area's 8-hour ozone maintenance
demonstration can be found in a Technical Support Document (TSD)
prepared for this rulemaking.
    Ambient Air Quality Monitoring: With regard to the ambient air
monitoring component of the maintenance plan, Pennsylvania commits to
continue operating its current air quality monitoring stations in
accordance with 40 CFR Part 58, to verify the attainment status of the
area, with no reductions in the number of sites from those in the
existing network unless pre-approved by EPA.
    Contingency Plan: Section 110(a)(1) of the CAA requires that the
state develop a contingency plan which will ensure that any violation
of a NAAQS is promptly corrected. The purpose of the contingency plan
is to adopt measures, outlined in the maintenance plan, in order to
assure continued attainment in the event of a violation of the 8-hour
ozone NAAQS. The maintenance plan should identify the events that would
``trigger'' the adoption and implementation of a contingency
measure(s), the contingency measure(s) that would be adopted and
implemented, and the schedule indicating the time frame by which the
state would adopt and implement the measure(s).
    Since the Wayne County Area does not have a monitor, contingency
measures will be considered if for two consecutive years the fourth
highest 8-hour ozone concentrations at the design monitor for the
Scranton-Wilkes-Barre Area are above 84 parts per billion (ppb). If
this trigger point occurs, PADEP will evaluate whether additional local
emission control measures should be implemented in Wayne County in
order to prevent a violation of the air quality standard. PADEP will
analyze the conditions leading to the excessive ozone levels and
evaluate what measures might be most effective in correcting the
excessive ozone levels. PADEP will also analyze the potential emissions
effect of federal, state, and local measures that have been adopted but
not yet implemented at the time the excessive ozone levels occurred.
PADEP will then begin the process of implementing the contingency
measures outlined in their maintenance plan.
    Verification of continued attainment: PADEP will track the
attainment status of the 8-hour ozone NAAQS for Wayne County by
reviewing air quality at the design monitor for the Scranton-Wilkes-
Barre Area and emissions data during the maintenance period. An annual
evaluation of vehicle miles traveled and emissions reported from
stationary sources will be performed and compared to the assumptions
about the factors used in the maintenance plan. PADEP will also
evaluate the periodic (every three years) emission inventories prepared
under EPA's Consolidated Emission Reporting Regulation (40 CFR 51,
Subpart A) for any unanticipated increases. Based on these evaluations,
PADEP will consider whether any further emission control measures
should be implemented.

III. Proposed Action

    EPA is proposing to approve the maintenance plan and the 2002 base-
year inventory for the Wayne County Area, submitted on December 17,
2007, as revisions to the Pennsylvania SIP. EPA is proposing to approve
the maintenance plan and 2002 base-year inventory for the Wayne County
Area because it meets the requirements of section 110(a)(1) of the CAA.
EPA is soliciting public comments on the issues discussed in this
document. These comments will be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions,

EPA's role is to approve state choices, provided that they meet the
criteria of the CAA. Accordingly, this action merely proposes to
approve state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule to approve the maintenance plan and
the 2002 base-year inventory for the Wayne County Area in the
Commonwealth of Pennsylvania does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.

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

    Dated: April 3, 2008.
William T. Wisniewski,
Acting Regional Administrator, Region III.
[FR Doc. E8-7875 Filed 4-11-08; 8:45 am]

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[Federal Register Volume 85, Number 176 (Thursday, September 10, 2020)]
[Proposed Rules]
[Pages 55810-55811]
[FR Doc No: 2020-18958]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2020-0053; FRL-10013-78]

Receipt of a Pesticide Petition Filed for Residues of Pesticide
Chemicals in or on Various Commodities (July 2020)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of filing of petition and request for comment.

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

SUMMARY: This document announces the Agency's receipt of an initial
filing of a pesticide petition requesting the establishment or
modification of regulations for residues of pesticide chemicals in or
on various commodities.

DATES: Comments must be received on or before October 13, 2020.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number 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: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration
Division (7505P), main telephone number:<PHONE_NUMBER>, email address:
<EMAIL_ADDRESS>The mailing address is: Office of Pesticide
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460-0001. As part of the mailing address, include the
contact's name, division, and mail code.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

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

    1. Submitting 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 https://www.epa.gov/dockets/commenting-epa-dockets.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws,

regulations, and policies. To help address potential environmental
justice issues, the Agency seeks information on any groups or segments
of the population who, as a result of their location, cultural
practices, or other factors, may have atypical or disproportionately
high and adverse human health impacts or environmental effects from
exposure to the pesticides discussed in this document, compared to the
general population.

II. What action is the Agency taking?

    EPA is announcing receipt of a pesticide petition filed under
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a, requesting the establishment or modification of
regulations in 40 CFR part 174 and/or part 180 for residues of
pesticide chemicals in or on various food commodities. The Agency is
taking public comment on the request before responding to the
petitioner. EPA is not proposing any particular action at this time.
EPA has determined that the pesticide petition described in this
document contains data or information prescribed in FFDCA section
408(d)(2), 21 U.S.C. 346a(d)(2); however, EPA has not fully evaluated
the sufficiency of the submitted data at this time or whether the data
supports granting of the pesticide petition. After considering the
public comments, EPA intends to evaluate whether and what action may be
warranted. Additional data may be needed before EPA can make a final
determination on this pesticide petition.
    Pursuant to 40 CFR 180.7(f), a summary of the petition that is the
subject of this document, prepared by the petitioner, is included in a
docket EPA has created for this rulemaking. The docket for this
petition is available at http://www.regulations.gov.
    As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA
is publishing notice of the petition so that the public has an
opportunity to comment on this request for the establishment or
modification of regulations for residues of pesticides in or on food
commodities. Further information on the petition may be obtained
through the petition summary referenced in this unit.

New Tolerance Exemptions for Inerts (Except PIPS)

    PP IN-11369. (EPA-HQ-OPP-2020-0349) Valagro S.p.A., c/o SciReg,
Inc., 12733 Director's Loop, Woodbridge, VA 22192, requests to
establish an exemption from the requirement of a tolerance for residues
of potassium acetate (CAS Reg. No. 127-08-2), when used as an inert
ingredient (nutrient) in pesticide formulations under 40 CFR 180.920.
The petitioner believes no analytical method is needed because it is
not required for an exemption from the requirement of a tolerance.
Contact: RD

New Tolerance for Non-Inerts

    1. PP 0E8832. (EPA-HQ-OPP-2020-0347). The Interregional Research
Project #4 (IR-4), Rutgers, The State University of New Jersey, 500
College Road East, Suite 201W, Princeton, NJ 08540, requests to
establish a tolerance in 40 CFR 180.499 for residues of the fungicide
propamocarb, propyl N-[3-(dimethylamino)propyl]carbamate, in or on
vegetable, Brassica, head and stem, group 5-16 at 15 parts per million
(ppm). An adequate gas chromatography/nitrogen-phosphorus detection
(GC/NPD) method is available for enforcing the proposed tolerance.
Contact: RD
    2. PP 0E8834. EPA-HQ-OPP-2020-0345. American Spice Trade
Association, Inc., 1101 17th St. NW, Suite 700, Washington, DC 20036,
requests to establish a tolerance in 40 CFR part 180 for residues of
the fungicide, difenoconazole, in or on pepper, black at 0.1 ppm.
Liquid chromatography (LC)/mass spectrometry (MS)/(MS) is used to
measure and evaluate the chemical difenoconazole (1 [2-[2-chloro-4-(4-
chlorophenoxy)]phenyl-4-methyl-1,3- dioxolan-2-ylmethyl]-1H-1,2,4,-
triazole). Contact: RD.
    3. PP 9E8792. EPA-HQ-OPP-2020-0038. Bayer CropScience, 800 N.
Lindbergh Blvd., St. Louis, MO 63141, requests to establish import
tolerances in 40 CFR part 180 for residues of the fungicide
trifloxystrobin in or on the raw agricultural commodities: Caneberry,
cop Subgroup 13-07A at 3.0 ppm; Currant, black and red, at 4.0 ppm;
edible-podded legume vegetables, crop subgroup 6A, at 1.5 ppm; oil,
olive, refined at 0.5 ppm; pea, dry, seed at 0.2 ppm; succulent shelled
pea and bean, crop subgroup 6B at 0.15 ppm; and tropical and
subtropical, small fruit, edible peel, crop subgroup 23A at 0.2 ppm.
The analytical methodology column liquid chromatography-mass
spectrometry-mass spectrometry (LC/MS-MS) with an electro spray
interface, operated in the positive ion mode is used to measure and
evaluate the chemical trifloxystrobin (benzeneacetic acid, (E,E)-
[alpha]-(methoxyimino)-2-[[[[1-[3- (trifluoromethyl) phe-
nyl]ethylidene]amino]oxy]methyl]-methyl ester) and the free form of its
acid metabolite CGA-321113 ((E,E)-methoxyimino-[2-[1-(3-
trifluoromethyl-phenyl)-ethylideneaminooxymethyl]-phenyl]acetic acid)].
Contact: RD.
    4. PP 9F8815. EPA-HQ-OPP-2020-0226. Nichino America, Inc., 4550
Linden Hill Rd., Suite 501, Wilmington, DE 19808, requests to establish
tolerance in 40 CFR part 180 for residues of the fungicide
pyraziflumid; N-(3',4'-difluoro[1,1'-biphenyl]-2-yl)-3-
(trifluoromethyl)-2-pyrazinecarboxamide in or on the following raw
agricultural commodities: almond hulls at 5 parts per million (ppm);
apple wet pomace at 0.6 ppm; bushberry (crop subgroup 13-07B) at 7.0
ppm; caneberry (crop subgroup 13-07A) at 4.0 ppm; cattle, fat at 0.01
ppm; cattle, meat at 0.01 ppm; cattle, meat byproducts at 0.01 ppm;
goat, fat at 0.01 ppm; goat, meat byproducts at 0.01 ppm; goat, meat at
0.01 ppm; horse, fat at 0.01 ppm; horse, meat byproducts at 0.01 ppm;
horse, meat at 0.01 ppm; milk at 0.01 ppm; pome fruit (crop group 11-
10) at 0.4 ppm; raisins at 1.6 ppm; sheep, fat at 0.01 ppm; sheep meat
at 0.01 ppm; sheep, meat byproducts at 0.01 ppm; small fruit vine
climbing subgroup, except fuzzy kiwifruit (crop subgroup 13-07F) at 1.5
ppm; stone fruit (crop group 12-12) at 2.0 ppm; and tree nuts (crop
group 14-12) at 0.03 ppm. The independent validation method of HPLC-MS/
MS was used for the analysis of pyraziflumid and the metabolite BC-01
in raw agricultural commodities (RAC) and processed commodities (PC) to
measure and evaluate the chemical pyraziflumid. Contact: RD.
    5. PP 9F8818. (EPA-HQ-OPP-2020-0202). BASF Corporation, 26 Davis
Drive, Research Triangle Park, NC 27709, requests to establish
tolerances in 40 CFR part 180 for residues of the herbicide,
isoxaflutole, in or on cottonseed at 0.02 ppm and cotton gin byproducts
at 0.02 ppm. Tandem mass spectrometry (LC/MS/MS) is used to measure and
evaluate the chemical isoxaflutole. Contact: RD.

    Authority: 21 U.S.C. 346a.

    Dated: August 25, 2020.
Hamaad Syed,
Acting Director, Information Technology and Resources Management
Division, Office of Pesticide Programs.
[FR Doc. 2020-18958 Filed 9-9-20; 8:45 am]
BILLING CODE 6560-50-P