OMB Control No. 2070-0054; EPA ICR No. 0586.13

Attachment H

List of Chemicals Covered by Final PAIR Rules, 2004-2010

Chemicals Listed in December 7, 2004 Section 8(a) PAIR  - 69 FR 70552

CAS No.		Substance

* * * * * Pyridinamines:

462-08-8                  	3-Pyridinamine.

504-24-5                  	4-Pyridinamine.

504-29-0                  	2-Pyridinamine.

 * * * * * Tungsten compounds:

1314-35-8                  	Tungsten oxide (WO3).

7440-33-7                  	Tungsten.

7783-03-1 			Tungstate (WO4\2\-), dihydrogen, (T- 4).

7783-82-6 			Tungsten fluoride (WF6), (OC-6-11).

7790-60-5 			Tungstate (WO4\2\-), dipotassium, (T-4).

7790-85-4 			Cadmium tungsten oxide (CdWO4).

10213-10-2 		Tungstate (WO4\2\-), disodium, dihydrate, (T-4).

11105-11-6 		Tungsten oxide (WO3), hydrate.

11120-01-7 		Sodium tungsten oxide.

11120-25-5 		Tungstate (W12(OH)2O40\10\-), decaammonium.

12027-38-2 		Tungstate(4-),[.mu.12- [orthosilicato(4-)-
.kappa.O:.kappa.O:.kappa.O: .kappa.O':.kappa.O':.kappa.O':
.kappa.O'':.kappa.O'' :.kappa.O'' :.kappa.O''':.kappa.O'''
:.kappa.O''']]tetracosa- .mu.- oxododecaoxododeca-, tetrahydrogen.

12028-48-7 		Tungstate (W12(OH)2O38\6\-), hexaammonium.

12036-22-5 		Tungsten oxide (WO2).

12067-99-1	 	Tungsten hydroxide oxide phosphate.

12138-09-9 		Tungsten sulfide (WS2).

12141-67-2 		Tungstate (W12(OH)2O38\6\-), hexasodium.

13283-01-7 		Tungsten chloride (WCl6), (OC-6-11)-.

13472-45-2 		Tungstate (WO4\2\-), disodium, (T- 4)-.

14040-11-0 		Tungsten carbonyl (W(CO)6), (OC-6- 11)-.

23321-70-2 		Tungsten oxide (WO3), dihydrate.

Chemicals Listed in August 16, 2006 Section 8(a) PAIR  - 71 FR 47122

* * * * * Voluntary HPV Challenge Program orphan (unsponsored) chemicals

CAS No.			Substance

62-56-6 			Thiourea.

74-97-5 			Methane, bromochloro-.

75-46-7 			Methane, trifluoro-.

77-76-9 			Propane, 2,2-dimethoxy-.

77-86-1 			1,3-Propanediol, 2- amino-2- (hydroxymethyl)-.

81-07-2 			1,2-Benzisothiazol- 3(2H)-one, 1,1-dioxide.

81-16-3 			1-Naphthalenesulfonic acid, 2-amino-.

81-84-5 			1H,3H-Naphtho[1,8- cd]pyran-1,3-dione.

83-41-0 			Benzene, 1,2-dimethyl- 3-nitro-.

84-69-5 			1,2- Benzenedicarboxylic acid, bis(2- methylpropyl) ester.

85-40-5 			1H-Isoindole-1,3(2H)- dione, 3a,4,7,7a- tetrahydro-.

91-68-9 			Phenol, 3- (diethylamino)-.

94-96-2 			1,3-Hexanediol, 2- ethyl-.

96-22-0 			3-Pentanone.

97-00-7 			Benzene, 1-chloro-2,4- dinitro-.

98-09-9 			Benzenesulfonyl chloride.

98-16-8 			Benzenamine, 3- (trifluoromethyl)-.

98-56-6 			Benzene, 1-chloro-4- (trifluoromethyl)-.

99-51-4 			Benzene, 1,2-dimethyl- 4-nitro-.

100-64-1		 	Cyclohexanone, oxime.

101-34-8		 	9-Octadecenoic acid, 12-(acetyloxy)-, 1,2,3- propanetriyl
ester, (9Z,9'Z,9''Z,12R,12'R, 12''R)-.

104-66-5		 	Benzene, 1,1'-[1,2- ethanediylbis(oxy)]bis-.

104-93-8 			Benzene, 1-methoxy-4- methyl-.

107-39-1 			1-Pentene, 2,4,4- trimethyl-.

107-40-4 			2-Pentene, 2,4,4- trimethyl-.

107-45-9 			2-Pentanamine, 2,4,4- trimethyl-.

110-18-9 			1,2-Ethanediamine, N,N,N',N'-tetramethyl-.

110-33-8 			Hexanedioic acid, dihexyl ester.

111-44-4 			Ethane, 1,1'-oxybis[2- chloro-.

111-85-3 			Octane, 1-chloro-.

111-91-1 			Ethane, 1,1'- [methylenebis(oxy)]bis [2-chloro-.

118-90-1 			Benzoic acid, 2-methyl-.

119-33-5 			Phenol, 4-methyl-2- nitro-.

121-69-7 			Benzenamine, N,N- dimethyl-.

121-82-4 			1,3,5-Triazine, hexahydro-1,3,5- trinitro-.

124-63-0 			Methanesulfonyl chloride.

127-68-4 			Benzenesulfonic acid, 3-nitro-, sodium salt.

131-57-7 			Methanone, (2-hydroxy- 4-methoxyphenyl)phenyl- .

137-20-2 			Ethanesulfonic acid, 2- [methyl[(9Z)-1-oxo-9-
octadecenyl]amino]-, sodium salt.

138-25-0 			1,3- Benzenedicarboxylic acid, 5-sulfo-, 1,3- dimethyl
ester.

139-40-2 			1,3,5-Triazine-2,4- diamine, 6-chloro-N,N'-
bis(1-methylethyl)-.

140-93-2 			Carbonodithioic acid, O-(1-methylethyl) ester, sodium salt.

142-73-4 			Glycine, N- (carboxymethyl)-.

150-50-5 			Phosphorotrithious acid, tributyl ester.

330-54-1 			Urea, N'-(3,4- dichlorophenyl)-N,N- dimethyl-.

460-00-4 			Benzene, 1-bromo-4- fluoro-.

506-51-4 			1-Tetracosanol.

506-52-5 			1-Hexacosanol.

513-74-6 			Carbamodithioic acid, monoammonium salt.

515-40-2 			Benzene, (2-chloro-1,1- dimethylethyl)-.

529-33-9 			1-Naphthalenol, 1,2,3,4-tetrahydro-.

529-34-0 			1(2H)-Naphthalenone, 3,4-dihydro-.

542-92-7 			1,3-Cyclopentadiene.

557-61-9 			1-Octacosanol.

563-72-4 			Ethanedioic acid, calcium salt (1:1).

579-66-8 			Benzenamine, 2,6- diethyl-.

590-19-2 			1,2-Butadiene.

592-45-0 			1,4-Hexadiene.

598-72-1 			Propanoic acid, 2-bromo-.

617-94-7 			Benzenemethanol, .alpha.,.alpha.- dimethyl-.

628-13-7 			Pyridine, hydrochloride.

628-96-6 			1,2-Ethanediol, dinitrate.

645-62-5 			2-Hexenal, 2-ethyl-.

693-07-2 			Ethane, 1-chloro-2- (ethylthio)-.

693-95-8 			Thiazole, 4-methyl-.

756-80-9 			Phosphorodithioic acid, O,O-dimethyl ester.

870-72-4 			Methanesulfonic acid, hydroxy-, monosodium salt.

928-72-3 			Glycine, N- (carboxymethyl)-, disodium salt.

939-97-9 			Benzaldehyde, 4-(1,1- dimethylethyl)-.

1000-82-4		 	Urea, (hydroxymethyl)-.

1002-69-3		 	Decane, 1-chloro-.

1111-78-0		 	Carbamic acid, monoammonium salt.

1115-20-4		 	Propanoic acid, 3- hydroxy-2,2-dimethyl-, 3-hydroxy-2,2-
dimethylpropyl ester.

1401-55-4		 	Tannins.

1445-45-0		 	Ethane, 1,1,1- trimethoxy-.

1459-93-4		 	1,3-Benzenedicarboxylic acid, dimethyl ester.

1498-51-7		 	Phosphorodichloridic acid, ethyl ester.

1558-33-4		 	Silane, dichloro(chloromethyl) methyl-.

1738-25-6		 	Propanenitrile, 3- (dimethylamino)-.

1912-24-9		 	1,3,5-Triazine-2,4- diamine, 6-chloro-N- ethyl-N'-(1-
methylethyl)-.

2152-64-9		 	Benzenamine, N-phenyl- 4-[[4- (phenylamino)phenyl][4-
(phenylimino)-2,5-   cyclohexadien-1- ylidene]methyl]-,
monohydrochloride.

2210-79-9 			Oxirane, [(2- methylphenoxy)methyl]-.

2372-45-4 			1-Butanol, sodium salt.

2409-55-4 			Phenol, 2-(1,1- dimethylethyl)-4- methyl-.

2425-54-9 			Tetradecane, 1-chloro-.

2494-89-5 			Ethanol, 2-[(4- aminophenyl)sulfonyl]-, hydrogen sulfate
(ester).

2524-03-0 			Phosphorochloridothioic acid, O,O-dimethyl ester.

2611-00-9 			3-Cyclohexene-1- carboxylic acid, 3- cyclohexen-1-ylmethyl
ester.

2691-41-0 			1,3,5,7-Tetrazocine, octahydro-1,3,5,7- tetranitro-.

2814-20-2 			4(1H)-Pyrimidinone, 6- methyl-2-(1- methylethyl)-.

2905-62-6 			Benzoyl chloride, 3,5- dichloro-.

2915-53-9 			2-Butenedioic acid (2Z)-, dioctyl ester.

3039-83-6 			Ethenesulfonic acid, sodium salt.

3088-31-1 			Ethanol, 2-[2- (dodecyloxy)ethoxy]-, hydrogen sulfate,
sodium salt.

3132-99-8 			Benzaldehyde, 3-bromo-.

3338-24-7 			Phosphorodithioic acid, O,O-diethyl ester, sodium salt.

3386-33-2 			Octadecane, 1-chloro-.

3710-84-7 			Ethanamine, N-ethyl-N- hydroxy-.

3779-63-3 			1,3,5-Triazine- 2,4,6(1H,3H,5H)- trione, 1,3,5-tris(6-
isocyanatohexyl)-.

3965-55-7 			1,3- Benzenedicarboxylic acid, 5-sulfo-, 1,3- dimethyl
ester, sodium salt.

4035-89-6 			Imidodicarbonic diamide, N,N',2-tris(6- isocyanatohexyl)-.

4170-30-3 			2-Butenal.

4316-73-8 			Glycine, N-methyl-, monosodium salt.

4860-03-1 			Hexadecane, 1-chloro-.

5026-74-4 			Oxiranemethanamine, N- [4- (oxiranylmethoxy)pheny
l]-N-(oxiranylmethyl)-.

5216-25-1 			Benzene, 1-chloro-4- (trichloromethyl)-.

5460-09-3 			2,7- Naphthalenedisulfonic acid, 4-amino-5- hydroxy-,
monosodium salt.

5915-41-3 			1,3,5-Triazine-2,4- diamine, 6-chloro-N-
(1,1-dimethylethyl)-N'- ethyl-.

6473-13-8 			2-Naphthalenesulfonic acid, 6-[(2,4- diaminophenyl)azo]-3-
[[4-[[4-[[7-[(2,4- diaminophenyl)azo]-1- hydroxy-3-sulfo-2-
naphthalenyl]azo]pheny l]amino]-3- sulfophenyl]azo]-4- hydroxy-,
trisodium salt.

6863-58-7 			Butane, 2,2'-oxybis-.

6865-35-6 			Octadecanoic acid, barium salt.

7320-37-8 			Oxirane, tetradecyl-.

7795-95-1 			1-Octanesulfonyl chloride.

8001-58-9 			Creosote.

10265-69-7		 Glycine, N-phenyl-, monosodium salt.

13749-94-5		 Ethanimidothioic acid, N-hydroxy-, methyl ester.

13826-35-2		 Benzenemethanol, 3- phenoxy-.

14666-94-5		 9-Octadecenoic acid (9Z)-, cobalt salt.

17103-31-0		 Urea, sulfate (2:1).

17321-47-0		 Phosphoramidothioic acid, O,O-dimethyl ester.

17976-43-1		 2,4,6,8,3,5,7- Benzotetraoxatriplumba cycloundecin-3,5,7-
triylidene, 1,9- dihydro-1,9-dioxo-.

19438-61-0 		1,3- Isobenzofurandione, 5- methyl-.

19525-59-8 		Glycine, N-phenyl-, monopotassium salt.

20068-02-4 		2-Butenenitrile, 2- methyl-, (2Z)-.

20227-53-6 		Phosphorous acid, 2- (1,1-dimethylethyl)-4- [1-[3-(1,1-
dimethylethyl)-4- hydroxyphenyl]-1- methylethyl]phenyl
bis(4-nonylphenyl) ester.

20469-71-0 		Hydrazinecarbodithioic acid, compd. with hydrazine (1:1).

21351-39-3 		Urea, sulfate (1:1).

22527-63-5 		Propanoic acid, 2- methyl-, 3- (benzoyloxy)-2,2,4-
trimethylpentyl ester.

24615-84-7 		2-Propenoic acid, 2- carboxyethyl ester.

24794-58-9 		Formic acid, compd. with 2,2',2''- nitrilotris[ethanol]
(1:1).

25154-38-5 		Piperazineethanol.

25168-05-2 		Benzene, chloromethyl-,

25168-06-3 		Phenol, (1- methylethyl)-.

25321-41-9 		Benzenesulfonic acid, dimethyl-.

25383-99-7 		Octadecanoic acid, 2- (1-carboxyethoxy)-1-
methyl-2-oxoethyl ester, sodium salt.

25646-71-3 		Methanesulfonamide, N- [2-[(4-amino-3-
methylphenyl)ethylamin o]ethyl]-, sulfate (2:3).

26377-29-7 		Phosphorodithioic acid, O,O-dimethyl ester, sodium salt.

26401-27-4 		Phosphorous acid, isooctyl diphenyl ester.

26680-54-6 		2,5-Furandione, dihydro-3-(octenyl)-.

27193-28-8 		Phenol, (1,1,3,3- tetramethylbutyl)-.

28106-30-1 		Benzene, ethenylethyl-.

28188-24-1 		Octadecanoic acid, 2- (hydroxymethyl)-2-[[(1-
oxooctadecyl)oxy]methy l]-1,3-propanediyl ester.

28777-98-2 		2,5-Furandione, dihydro-3- (octadecenyl)-.

28908-00-1 		Benzothiazole, 2- [(chloromethyl)thio]-.

30574-97-1 		2-Butenenitrile, 2- methyl-, (2E)-.

32072-96-1 		2,5-Furandione, 3- (hexadecenyl)dihydro-.

33509-43-2 		1,2,4-Triazin-5(2H)- one, 4-amino-6-(1,1-
dimethylethyl)-3,4- dihydro-3-thioxo-.

34689-46-8 		Phenol, methyl-, sodium salt.

35203-06-6 		Benzenamine, 2-ethyl-6- methyl-N-methylene-.

35203-08-8 		Benzenamine, 2,6- diethyl-N-methylene-.

37734-45-5 		Carbonochloridothioic acid, S-(phenylmethyl) ester.

37764-25-3		Acetamide, 2,2- dichloro-N,N-di-2- propenyl-.

38185-06-7		Benzenesulfonic acid, 4-chloro-3,5-dinitro-, potassium salt.

38321-18-5 		Ethanol, 2-(2- butoxyethoxy)-, sodium salt.

39515-51-0 		Benzaldehyde, 3- phenoxy-.

40630-63-5 		1-Octanesulfonyl fluoride.

40876-98-0 		Butanedioic acid, oxo- , diethyl ester, ion(1- ), sodium.

51632-16-7 		Benzene, 1- (bromomethyl)-3- phenoxy-.

52184-19-7 		Phenol, 2,4-bis(1,1- dimethylpropyl)-6-[(2-
nitrophenyl)azo]-.

52556-42-0 		1-Propanesulfonic acid, 2-hydroxy-3-(2- propenyloxy)-,
monosodium salt.

52663-57-7 		Ethanol, 2-butoxy-, sodium salt.

56803-37-3 		Phosphoric acid, (1,1- dimethylethyl)phenyl diphenyl ester.

57693-14-8 		Chromate(3-), bis[3- (hydroxy-.kappa.O)-4-
[[2-(hydroxy-.kappa.O)- 1-naphthalenyl]azo- .kappa.N1]-7-nitro-1-
naphthalenesulfonato(3- )]-, trisodium.

61788-44-1 		Phenol, styrenated.

61788-76-9 		Alkanes, chloro.

61789-32-0 		Fatty acids, coco, 2- sulfoethyl esters, sodium salts.

61789-85-3 		Sulfonic acids, petroleum.

63302-49-8 		Phosphorochloridous acid, bis(4- nonylphenyl) ester.

64743-02-8 		Alkenes, C>10.alpha-.

64743-03-9 		Phenols (petroleum).

65996-79-4 		Solvent naphtha (coal)

65996-80-7 		Ammonia liquor (coal).

65996-81-8 		Fuel gases, coke-oven.

65996-82-9 		Tar oils, coal.

65996-83-0 		Extracts, coal tar oil alk.

65996-86-3 		Extract oils (coal), tar base.

65996-87-4 		Extract residues (coal), tar oil alk.

65996-89-6 		Tar, coal, high-temp.

65996-91-0 		Distillates (coal tar), upper.

65996-92-1 		Distillates (coal tar).

66071-94-1 		Corn, steep liquor.

68081-86-7 		Phenol, nonyl derivs.

68082-78-0 		Lard, oil, Me esters.

68153-60-6 		Fatty acids, tall-oil, reaction products with
diethylenetriamine, acetates.

68187-41-7 		Phosphorodithioic acid, O,O-di-C1-14- alkyl esters.

68187-57-5 		Pitch, coal tar- petroleum.

68187-59-7 		Coal, anthracite, calcined.

68188-18-1 		Paraffin oils, chlorosulfonated, saponified.

68308-74-7 		Amides, tall-oil fatty, N,N-di-Me.

68309-16-0 		Fatty acids, tall-oil, 2-(2- hydroxyethoxy)ethyl esters.

68309-27-3 		Fatty acids, tall-oil, sulfonated, sodium salts.

68334-01-0 		Disulfides, alkylaryl dialkyl diaryl, petroleum refinery
spent caustic oxidn. products.

68441-66-7 		Decanoic acid, mixed esters with dipentaerythritol,
octanoic acid and valeric acid.

68442-60-4 		Acetaldehyde, reaction products with formaldehyde,
by-products from.

68442-77-3 		2-Butenediamide, (2E)- , N,N'-bis[2-(4,5-
dihydro-2-nortall-oil alkyl-1H-imidazol-1- yl)ethyl] derivs.

68457-74-9 		Phenol, isobutylenated methylstyrenated.

68476-80-2 		Fats and Glyceridic oils, vegetable, deodorizer
distillates.

68478-20-6 		Residues (petroleum), steam-cracked petroleum distillates
cyclopentadiene conc., C4-cyclopentadiene- free.

68513-62-2 		Disulfides, C5-12-alkyl

68514-41-0 		Ketones, C12-branched.

68515-89-9 		Barium, carbonate nonylphenol complexes.

68527-22-0 		Naphtha (petroleum), clay-treated light straight-run.

68584-25-8 		Benzenesulfonic acid, C10-16-alkyl derivs., compds. with
triethanolamine.

68602-81-3 		Distillates, hydrocarbon resin prodn. higher boiling.

68603-84-9 		Carboxylic acids, C5-9.

68608-59-3 		Ethane, 1,2-dichloro-, manuf. of, by-products from, distn.
lights.

68609-05-2 		Cyclohexane, oxidized, non-acidic by- products, distn.
lights.

68610-90-2 		2-Butenedioic acid (2E)- , di-C8-18-alkyl esters.

68649-42-3 		Phosphorodithioic acid, O,O-di-C1-14- alkyl esters, zinc
salts.

68650-36-2 		Aromatic hydrocarbons, C8, o-xylene-jjjjjjjjjjjjlean.

68782-97-8 		Distillates (petroleum), hydrofined lubricating-oil.

68815-50-9 		Octadecanoic acid, reaction products with 2-[(2-
aminoethyl)amino]ethanol.

68909-77-3 		Ethanol, 2,2'-oxybis-, reaction products with ammonia,
morpholine derivs. residues.

68915-05-9 		Fatty acids, tall-oil, low-boiling, reaction products with
ammonia- ethanolamine reaction by-products.

68915-39-9 		Cyclohexane, oxidized, aq. ext., sodium salt.

68918-16-1 		Tar, coal, dried and oxidized.

68919-17-5 		Hydrocarbons, C12-20, catalytic alkylation by-products.

68937-29-1 		1,6-Hexanediol, distn. residues.

68937-69-9 		Carboxylic acids, C6- 18 and C5-15-di-.

68937-70-2 		Carboxylic acids, C6- 18 and C8-15-di-.

68937-72-4 		Carboxylic acids, di-, C4-11.

68953-80-0 		Benzene, mixed with toluene, dealkylation product.

68955-37-3 		Acid chlorides, tallow, hydrogenated.

68955-76-0 		Aromatic hydrocarbons, C9-16, biphenyl deriv.- rich.

68987-41-7 		Benzene, ethylenated.

68987-66-6 		Ethene, hydrated, by-products from.

68988-22-7 		1,4- Benzenedicarboxylic acid, dimethyl ester, manuf. of,
by-products from.

68990-61-4 		Tar, coal, high-temp., high-solids.

68990-65-8 		Fats and Glyceridic oils, vegetable, reclaimed.

70084-98-9 		Terpenes and Terpenoids, C10-30, distn. residues.

70693-50-4 		Phenol, 2,4-bis(1- methyl-1-phenylethyl)-
6-[(2-nitrophenyl)azo]-.

70851-08-0 		Amides, coco, N-[3- (dimethylamino)propyl] , alkylation
products with sodium 3-chloro-2- hydroxypropanesulfonate.

71077-05-9 		Ethanol, 2,2'-oxybis-, reaction products with ammonia,
morpholine product tower residues.

72162-15-3 		1-Decene, sulfurized.

72162-28-8 		2-Propanone, reaction products with phenol.

72854-27-4 		Tannins, reaction products with sodium bisulfite, sodium
polysulfide and sodium sulfite.

73665-18-6 		Extract residues (coal), tar oil alk., naphthalene distn.
residues.

83864-02-2 		Nickel, bis[(cyano- C)triphenylborato(1-)-
N]bis(hexanedinitrile- N,N')-.

84501-86-0 		Hexanedioic acid, esters with high- boiling C6-10-alkene
hydroformylation products.

90640-80-5 		Anthracene oil.

90640-86-1 		Distillates (coal tar), heavy oils.

119345-02-7		Benzene, 1,1'-oxybis-, tetrapropylene derivs.

125997-20-8		 Phosphoric acid, mixed 3-bromo-2,2- dimethylpropyl and 2-
bromoethyl and 2- chloroethyl esters.


[Federal Register Volume 80, Number 75 (Monday, April 20, 2015)]
[Rules and Regulations]
[Pages 21650-21654]
[FR Doc No: 2015-08997]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R01-RCRA-2015-0195; FRL-9926-54-Region 1]

Vermont: Final Authorization of State Hazardous Waste Management
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The State of Vermont has applied to EPA for Final
authorization of changes to its hazardous waste program under the
Resource Conservation and Recovery Act (RCRA). EPA has determined that
these changes satisfy all requirements needed to qualify for Final
authorization, and is authorizing the State's changes through this
direct final action.

DATES: This rule is effective on June 19, 2015 without further notice,
unless EPA receives adverse written comment by May 20, 2015. If EPA
receives adverse comment, we will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect, unless and until the public comment is considered and another
final rulemaking document is issued.

ADDRESSES: Submit any comments, identified by Docket ID No. EPA-R01-
RCRA-2015-0195, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>, to the attention of Sharon Leitch.
     Mail: Sharon Leitch, RCRA Waste Management and UST
Section, Office of Site Remediation and Restoration (OSRR07-1), US EPA
Region 1, 5 Post Office Square, Suite 100, Boston, MA 02109-3912.
     Hand Delivery: Sharon Leitch, RCRA Waste Management and
UST Section, Office of Site Remediation and Restoration (OSRR07-1), US
EPA Region 1, 5 Post Office Square, 7th floor, Boston, MA 02109-3912.
Such deliveries are only accepted during normal hours of operation, and
special arrangements should be made for

deliveries of boxed information. Please contact Sharon Leitch at (617)
918-1647.
    Instructions: Direct your comments to Docket ID No. EPA-R01-RCRA-
2015-0195. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 www.regulations.gov or email. The
www.regulations.gov Web site 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 email comment
directly to EPA without going through www.regulations.gov your email
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 docket are listed in the
www.regulations.gov index. Although listed in the index, some
information might not be publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, might be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the EPA Region 1 Library, 5 Post Office Square, 1st floor,
Boston, MA 02109-3912; by appointment only; tel:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Sharon Leitch, RCRA Waste Management
and UST Section, Office of Site Remediation and Restoration, (Mail
Code: OSRR07-1), EPA Region 1, 5 Post Office Square, Suite 100, Boston,
MA 02109-3912; telephone number:<PHONE_NUMBER>; fax number (617) 918-
0647; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. Why are revisions to State programs necessary?

    States which have received final authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal program. As the Federal program changes, States must
change their programs and ask EPA to authorize the changes. Changes to
State programs may be necessary when Federal or State statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, States must change their programs because of changes to
EPA's regulations in Title 40 of the Code of Federal Regulations (CFR)
parts 124, 260 through 266, 268, 270, 273, and 279. When states make
other changes to their regulations, it also often is appropriate for
the states to seek authorization of the changes.

 B. What decisions have we made in this rule?

    We have concluded that Vermont's application to revise its
authorized program meets all of the statutory and regulatory
requirements established by RCRA. Therefore, we grant Vermont Final
authorization to operate its hazardous waste program with the changes
described in the authorization application. Vermont has responsibility
for permitting treatment, storage, and disposal facilities (TSDFs)
within its borders and for carrying out the aspects of the RCRA program
covered by its revised program application, subject to the limitations
of the Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal
requirements and prohibitions imposed by Federal regulations that EPA
promulgates under the authority of HSWA take effect in authorized
States before they are authorized for the requirements. Thus, EPA will
implement any such requirements and prohibitions in Vermont, including
issuing permits, until the State is granted authorization to do so.

C. What is the effect of today's authorization decision?

    The effect of this decision is that a facility in Vermont subject
to RCRA will now have to comply with the authorized State requirements
instead of the Federal requirements governing the operation of the
wastewater evaporation units subject to the state regulations, in order
to comply with RCRA. Vermont has enforcement responsibilities under its
State hazardous waste program for violations of such program, but EPA
also retains its full authority under RCRA sections 3007, 3008, 3013,
and 7003, which includes, among others, authority to:
     Perform inspections, and require monitoring, tests,
analyses or reports
     Enforce RCRA requirements and suspend or revoke permits
     Take enforcement actions
    This action does not impose additional requirements on the
regulated community because the regulations for which Vermont is being
authorized by this action are already effective under state law, and
are not changed by this action.

D. Why is EPA using a direct final rule?

    EPA is publishing this rule without a prior proposed rule because
we view this as a noncontroversial action and anticipate no adverse
comment. However, in the ``Proposed Rules'' section of this Federal
Register, we are publishing a separate document that will serve as the
proposed rule to authorize the State program changes if adverse
comments are received on this direct final rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so at this time. Further information about
commenting on this rule, see the ADDRESSES section of this document.
    If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. We would address all public
comments in any subsequent final rule based on the proposed rule.

E. What has Vermont previously been authorized for?

    The State of Vermont initially received Final authorization on
January 7, 1985, with an effective date of January 21, 1985 (50 FR 775)
to implement the RCRA hazardous waste management program. The Region
published an immediate final rule for certain revisions to Vermont's
program on May 3, 1993 (58 FR 26242) and reopened the comment period
for these revisions on June 7, 1993 (58 FR 31911). This authorization
became effective August 6, 1993 (see 58 FR 31911). The Region granted
authorization for further revisions to Vermont's program on September
24, 1999 (64 FR 51702), effective November 23, 1999. On October 18,
1999 (64 FR 46174) the Region published a correction to the immediate
final rule that was published on September 24, 1999. The Region granted
authorization for further revisions to Vermont's program on

October 26, 2000, effective December 26, 2000 (65 FR 64164). That
Federal Register also made a technical correction. On June 23, 2005 (70
FR 36350) the Region published an immediate final rule for additional
revisions to Vermont's program. This authorization became effective on
August 22, 2005. The Region granted authorization for further revisions
to Vermont's program on March 16, 2007 (72 FR 12568), which became
effective on May 15, 2007. The Region granted authorization for further
revisions to Vermont's program on December 31, 2013 (78 FR 79615),
which became effective on March 3, 2014.

F. What changes are we authorizing with today's action?

    On January 16, 2015, Vermont submitted a final complete program
revision application, seeking authorization for their changes in
accordance with 40 CFR 271.21. Vermont is seeking authorization for
regulations that the state has adopted governing the operation of
wastewater evaporation units.
    We are now making an immediate final decision that, subject to
reconsideration only if we receive written comments that oppose this
action, Vermont's hazardous waste program revisions satisfy all of the
requirements necessary to qualify for Final authorization. We have
determined that the Vermont requirements governing wastewater
evaporation units are ``more stringent'' than federal requirements.
Therefore, we grant Vermont Final authorization for the following
program changes: Vermont Hazardous Waste Management Regulation (VHWMR)
section 7-502(o)(8), along with the revision to the note following
VHWMR section 7-502(o)(10) and the definition of wastewater evaporator
unit in VHWMR section 7-103. Since Vermont regulates wastewater
evaporator units under various conditions set forth in its generator
treatment in tanks provisions, the analogous federal requirements are
in 40 CFR 262.34.
    The Final authorization of these state regulations is in addition
to the previous authorization of state regulations, which remain part
of the authorized program.

G. How are the revised state rules different from the federal rules and
why have they been determined to be more stringent?

    Wastewater evaporation units (evaporators) (as further defined by
Vermont) evaporate water using heat to reduce the volume of wastewater
and to concentrate hazardous wastes. Vermont regulates these units
using its permit exemption for generator treatment in tanks and
additional conditions designed to effectively regulate evaporators. EPA
has analyzed whether the Vermont regulations are equally or more
protective of human health and the environment than the federal
regulations, rather than being less stringent. The Agency has
determined that Vermont's regulations are more protective/stricter,
thus being within the State's authority to maintain under RCRA section
3009. A Memorandum entitled ``Further Explanation of Decision'' dated
February 2015, containing a more detailed analysis of this issue, has
been included in the Administrative Record. Additionally, the EPA
analyzed whether the stricter state regulations are ``more stringent''
or ``broader in scope''. EPA has determined that they are ``more
stringent'' thus being regulations that should be federally authorized
and enforced. An explanation of EPA's determinations is set forth
below.

1--Determination That State Regulations Are Stricter Than the Federal
Regulations

    To determine whether the state regulations are stricter and not
less stringent than the federal regulations, EPA has compared the state
regulations to the federal regulations, including examining
interpretations that have been made of the federal regulations
(available in the administrative record and in RCRA Online). However,
in line with the national policy: Determining Equivalency of State RCRA
Hazardous Waste Programs, September 7, 2005 (Equivalency Policy), EPA
has not required that the state follow the same identical approach as
the federal regulations. Rather, EPA has focused, ``on whether the
state requirements provide [at least] equal environmental results as
the federal counterparts.'' Id.
    At the federal level, the wastewater treatment unit (WWTU)
exemption has been interpreted to cover many hazardous waste
evaporators. Vermont is stricter than this federal approach in that it
excludes wastewater evaporation units from being covered under its WWTU
exemption. Rather, it regulates them under its more protective
generator treatment in tanks exemption. Furthermore, Vermont's
generator treatment in tanks exemption is more stringent than the
federal exemption in that it imposes additional requirements designed
to effectively regulate evaporators.
    However, there may be some evaporators that do not qualify for the
WWTU exemption at the federal level. EPA has assumed for purposes of
today's decision that the current EPA interpretation of the federal
regulations is that, at the federal level, evaporation treatment is
considered to be thermal treatment and is not allowed to be conducted
by generators without permits under the generator treatment in tanks
exemption. Nevertheless, for the reasons explained below, EPA has
determined that the Vermont regulations are stricter, not less
stringent than, the federal regulations.
    EPA has concluded that we should look at the overall RCRA program
and assess the effect of the Vermont program across the board. In doing
that, EPA has concluded that the Vermont program is stricter than any
of the federal requirements with respect to wastewater evaporators.
RCRA section 3009. Vermont consistently and strictly regulates all
generator evaporators by imposing hazardous waste management
requirements and comprehensive air emissions regulations. This approach
is stricter across the board than the federal approach, and thus should
be allowed consistent with the national Equivalency Policy, which
emphasizes that states may take different but equally or more
protective approaches.
    Vermont has requirements that are comparable to permits because the
Vermont regulations require the same type of tank management standards
and air emission control requirements as would be included in permits.
Vermont also requires every generator operating an evaporator to submit
a notice and obtain review of its operation.
    EPA emphasizes that this decision allows non-permitted evaporation
treatment (outside of the WWTU exemption) only in Vermont. Such
treatment will be allowed only because it has been federally authorized
as ``functionally equivalent,'' and this federal authorization is being
granted based on the strict requirements adopted by Vermont. EPA
further emphasizes that this regional rulemaking has no implications
for how other kinds of ``thermal treatment'' will be regulated.
Generally ``thermal treatment'' is not allowed without permits under
either the generator treatment in tanks (and containers) exemption or
under the WWTU exemption. Here, EPA is only allowing, subject to
stricter Vermont standards, the same kind of evaporation treatment that
already has been allowed without permits under the WWTU exemption at
the federal level and in the many states that follow the federal
approach.
    Finally, EPA notes that Vermont is stricter than the federal
approach with

respect to any evaporators located at Treatment, Storage and Disposal
Facilities (TSDFs). These evaporators must always obtain RCRA permits
in Vermont, since Vermont does not allow the use of the WWTU exemption
for evaporators and Vermont's treatment in tanks permit exemption for
evaporators is limited to generators.

2--Determination That State Regulations Are More Stringent Rather Than
Broader in Scope

    State regulations that are stricter may be determined to be more
stringent or broader in scope. While states are allowed to maintain
both types of requirements, this determination is important because
state regulations that EPA determines to be more stringent are made
part of the federally authorized program and are federally enforceable.
State regulations that the EPA determines to be broader in scope are
not made part of the federally authorized program and thus, are not
federally enforceable.
    To determine whether the Vermont regulations are more stringent or
broader in scope, EPA has consulted the national policy: Determining
Whether State Hazardous Waste Requirements are More Stringent or
Broader in Scope than the Federal RCRA Program, December 23, 2014.
Included in that policy is a two-part test that Regions generally use
to determine whether state provisions are more stringent or broader in
scope. EPA has determined that the Vermont regulations are more
stringent.
    As noted in that policy, when EPA regulates hazardous waste through
conditional exclusions, the federal conditions amount to a form of
regulation. When a state imposes additional conditions for materials
still considered to be hazardous wastes at the federal level even when
the federal conditions are met, the additional state conditions do not
increase the size of the regulated community. Therefore, these are
considered to be a more stringent not broader in scope conditions under
the first test. As noted in the Appendix to the policy, an example of
this is the WWTU exemption. While EPA regulates evaporators under the
WWTU exemption less strictly than Vermont, both are regulating them and
the additional Vermont regulations pass the first test set forth in the
policy for being considered more stringent. Evaporators that do not
qualify for the WWTU exemption at the federal level are regulated at
the federal level, and thus the state regulation of them is also within
the scope of the federal program under the first test.
    The Vermont regulations pass the second test in the policy for
being considered more stringent. The federal WWTU exemption requires
treatment to occur within a tank or tank system in order to prevent
releases of hazardous wastes. Similarly, the state requirements for
evaporators are counterparts to the federal requirement in that they
seek to prevent releases. In addition, the state imposes its large
quantity generator (LQG) and small quantity generator (SQG)
requirements on those generators operating evaporators, counterparts to
these requirements exist in the federal LQG and SQG regulations. The
state regulation of evaporators is similar to when additional state
regulation of CESQGs exist, which is cited in the national policy as
meeting both tests for being more stringent rather than broader in
scope. For those evaporators not subject to the federal WWTU exemption,
the state regulations have counterparts in the federal permit
regulations.
    The regulations listed in Section F. above are being federally
authorized and will be federally enforceable. The other previously
authorized Vermont generator requirements will also be federally
enforceable with respect to generator evaporators. In addition, the
previously authorized full state permit requirements with respect to
any evaporators at TSDFs will also be federally enforceable. Also, as
previously authorized, the WWTU exemption will not apply to any
evaporators in Vermont since they are excluded under the definition of
WWTU adopted by Vermont.

H. Who handles permits after the authorization takes effect?

    Vermont will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. EPA will
implement and issue permits for any HSWA requirements for which Vermont
is not yet authorized.

I. What is codification and is EPA codifying Vermont's hazardous waste
program as authorized in this rule?

    Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the Code of Federal Regulations. We do this by referencing
the authorized State rules in 40 CFR part 272. We reserve the amendment
of 40 CFR part 272, subpart UU for this authorization of Vermont's
program until a later date.

J. Administrative Requirements

    The Office of Management and Budget (OMB) has exempted this action
(RCRA State Authorization) from the requirements of Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011). Therefore, this action is not subject to review by OMB. This
action authorizes State requirements for the purpose of RCRA 3006 and
imposes no additional requirements beyond those imposed by State law.
Accordingly, this action will not have a significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this action authorizes pre-existing
requirements under State law and does not impose any additional
enforceable duty beyond that required by State law, it 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). For the same reason, this action also does not
significantly or uniquely affect the communities of Tribal governments,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action will not have substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government, as specified in Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely authorizes State requirements as
part of the State RCRA hazardous waste program without altering the
relationship or the distribution of power and responsibilities
established by RCRA. This action also is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997), because it is not economically
significant and it does not make decisions based on environmental
health or safety risks. This rule is not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001)
because it is not a ``significant regulatory action'' as defined under
Executive Order 12866.
    Under RCRA 3006(b), EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a State authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. As required by section 3 of Executive Order
12988 (61 FR 4729, February 7, 1996), in issuing this rule, EPA has
taken the necessary steps to eliminate drafting errors and ambiguity,
minimize potential litigation, and provide a clear legal standard for
affected conduct. EPA has complied with Executive Order 12630 (53 FR
8859, March 15, 1988) by examining the takings implications of the rule
in accordance with the ``Attorney General's Supplemental Guidelines for
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order. This rule does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.). Executive Order 12898 (59 FR 7629,
Feb. 16, 1994) establishes federal executive policy on environmental
justice. Its main provision directs federal agencies, to the greatest
extent practicable and permitted by law, to make environmental justice
part of their mission by identifying and addressing, as appropriate,
disproportionately high and adverse human health or environmental
effects of their programs, policies, and activities on minority
populations and low-income populations in the United States. Because
this rule authorizes pre-existing State rules which are at least
equivalent to, and no less stringent than existing federal
requirements, and imposes no additional requirements beyond those
imposed by State law, and there are no anticipated significant adverse
human health or environmental effects, the rule is not subject to
Executive Order 12898.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this document and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This
action nevertheless will be effective 60 days after it is published,
because it is a direct final rule.

List of Subjects in 40 CFR Part 271

    Environmental protection, Hazardous waste.

    Authority: This action is issued under the authority of sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended
42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: March 24, 2015.
H. Curtis Spalding,
Regional Administrator, EPA Region 1.
[FR Doc. 2015-08997 Filed 4-17-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 84 (Thursday, May 1, 2014)]
[Notices]
[Pages 24798-24800]
[FR Doc No: 2014-09919]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72019; File No. SR-MSRB-2014-03]

Self-Regulatory Organizations; Municipal Securities Rulemaking
Board; Notice of Filing and Immediate Effectiveness of a Proposed Rule
Change Consisting of New Rule A-11, on Assessments for Municipal
Advisor Professionals

April 25, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on April 17, 2014, the Municipal Securities Rulemaking Board (the
``MSRB'' or ``Board'') filed with the Securities and Exchange
Commission (the ``SEC'' or ``Commission'') the proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by the MSRB. The MSRB has designated the proposed rule change as
changing fees imposed by the MSRB under Section 19(b)(3)(A)(ii) of the
Act,\3\ which renders the proposal effective upon receipt of this
filing by the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The MSRB is filing with the Commission a proposed rule change
consisting of new Rule A-11, on assessments for municipal advisor
professionals (the ``proposed rule change'').
    The text of the proposed rule change is available on the MSRB's Web
site at www.msrb.org/Rules-and-Interpretations/SEC-Filings/2014-Filings.aspx, at the MSRB's principal office, and at the Commission's
Public Reference Room.

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

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

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

1. Purpose
    The proposed rule change consists of new Rule A-11, on assessments
for municipal advisor professionals. In the Dodd-Frank Wall Street
Reform and Consumer Protection Act of 2010 (``Dodd-Frank Act''),\4\
Congress charged the SEC and MSRB with the regulation of municipal
advisors. The Dodd-Frank Act specifically amended the Exchange Act to
grant the MSRB authority to charge municipal advisors reasonable fees
to defray the costs of the operation of the MSRB. The purpose of the
proposed rule change is to assess a reasonable fee on municipal
advisors to help defray the costs and expenses of operating and
administering the MSRB, particularly the increased costs as a result of
the regulation of municipal advisors. New Rule A-11 will charge each
municipal advisor an annual fee of $300 for each Form MA-I on file with
the SEC in the relevant year.\5\ This fee is separate from the initial
$100 and annual $500 registration fees the MSRB charges all market
participants subject to MSRB regulation \6\ and is a step towards the
MSRB's goal to provide for assessments that are fairly and equitably
apportioned among all such registrants.\7\
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    \4\ Public Law 111-203, 124 Stat. 1376 (2010).
    \5\ See 17 CFR 240.15Ba1-2(b) (setting forth requirements to
file Form MA-I with the SEC).
    \6\ See MSRB Rules A-12 and A-14. See also MSRB Notice 2014-05
(Feb. 27, 2014) (describing SEC-approved amendments to MSRB Rule A-
12 and deletion of Rule A-14 to consolidate MSRB registration
requirements in Rule A-12, which will become effective on May 12,
2014).
    \7\ On July 26, 2011, the MSRB filed a proposed rule change with
the SEC that would have established an interim $300 per professional
assessment of municipal advisors and would have required municipal
advisors to complete a survey for the MSRB to use in establishing a
permanent assessment for municipal advisor professionals. This
filing was subsequently withdrawn due to the SEC's continuing
consideration of the definition of the term ``municipal advisor''
under the Act. See MSRB Notice 2011-51 (Sept. 12, 2011).
---------------------------------------------------------------------------

    Section (a) of Rule A-11 establishes an annual municipal advisor
professional fee. This section provides that, beginning with the MSRB's
fiscal year 2015 (which begins October 1, 2014), each municipal advisor
that is registered with the Commission will be required to pay a
recurring annual fee of $300 for each Form MA-I filed with the
Commission as of January 31 of the relevant year by the municipal
advisor. Section (a) further provides that the professional fee will be
due by April 30 of each year and will be payable in the manner provided
by the MSRB Registration Manual.
    Section (b) of Rule A-11 provides for a late fee for any municipal
advisor that fails to pay timely in full any professional fee due under
section (a) or (c) of the proposed rule. The total late fee will equal
twenty-five dollars monthly for each $300 assessment not paid in full,
plus a late fee on the total overdue balance based on the prime rate as
provided for in the MSRB Registration Manual.
    Section (c) of Rule A-11 provides for a transitional municipal
advisor professional fee. This transitional fee takes account of the
timing of the phased-in compliance period for the SEC's permanent
registration process, which begins in the second half of calendar year
2014, and which entails the first filings of Forms MA-I by municipal
advisors. Each municipal advisor registered, either temporarily or
permanently, with the SEC on or before September 30, 2014 (the last day
of the MSRB's fiscal year 2014), will be required to pay an assessment
of $300 for each Form MA-I filed with the SEC by the municipal advisor
in connection with its permanent registration. The transitional fee
will be payable in the manner provided by the MSRB

Registration Manual. The transitional fee will only be assessed upon
municipal advisors that are either temporarily or permanently
registered on or before September 30, 2014, and will help defray in
particular the costs of establishing a regulatory regime for municipal
advisors. Owing to the timing of the SEC's phased-in compliance period,
some municipal advisors will not pay this transitional fee until after
the start of the MSRB's 2015 fiscal year. Although these municipal
advisors will owe two assessments during the same MSRB fiscal year, the
MSRB believes this timing of the transitional fee minimizes the
administrative burden on municipal advisors by using the filing of
Forms MA-I as the basis of the fee, rather than requiring an additional
submission, analysis and categorization of professionals. Municipal
advisors paying this transitional fee will then pay their first annual
professional fee by April 30, 2015, according to Rule A-11(a).
2. Statutory Basis
    The MSRB believes that the proposed rule change is consistent with
Section 15B(b)(2)(J) of the Act, which provides that the MSRB's rules
shall

provide that each municipal securities broker, municipal securities
dealer, and municipal advisor shall pay to the Board such reasonable
fees and charges as may be necessary or appropriate to defray the
costs and expenses of operating and administering the Board.

In addition, Section 15B(b)(2)(L)(iv) of the Act requires that rules
adopted by the MSRB

not impose a regulatory burden on small municipal advisors that is
not necessary or appropriate in the public interest and for the
protection of investors, municipal entities, and obligated persons,
provided that there is robust protection of investors against fraud.

    The proposed rule change will establish a fee for municipal
advisors that will help to defray the costs and expenses of operating
and administering the MSRB, particularly the MSRB's regulatory and
related activities in connection with municipal advisors. The total
amount of the assessment payable by each municipal advisor will be
dependent on the number of Forms MA-I filed by the municipal advisor
and, therefore, will result in relatively lower assessments for smaller
firms. Being based on the number of persons engaging in municipal
advisory activities on behalf of a firm, the total fee will bear a
reasonable relationship to the level of regulated municipal advisory
activities that are undertaken by each firm. Single-person firms filing
one Form MA-I will be charged only $300 annually under proposed Rule A-
11.\8\ The $300 fee will not be triggered by persons for whom the
municipal advisor is not required by the SEC to file a Form MA-I, such
as persons performing solely clerical, administrative, support or
similar functions.\9\ The MSRB believes that the reasonableness of the
fee is also supported by its simplicity of calculation. Rather than
establish a new category of professional for purposes of assessing this
fee, which would have required additional analysis and compliance
efforts, the fee leverages the existing categorization under the
Commission's rules and the analysis by firms already required by those
rules. The MSRB further believes, for all of these reasons, that the
assessment will not impose an unnecessary or inappropriate regulatory
burden on small municipal advisors.
---------------------------------------------------------------------------

    \8\ See 17 CFR 240.15Ba1-2(b)(2) (requiring a natural person
applying for registration with the SEC as a municipal advisor to
file a Form MA-I).
    \9\ See Exchange Act Release No. 70462, at p. 636 (Sept. 20,
2013), 78 FR 67468, 67655 (Nov. 12, 2013) (Glossary of Terms).
---------------------------------------------------------------------------

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

    The MSRB does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act since it would apply equally to
all municipal advisors based on the number of Forms MA-I filed by each
firm.

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

    Written comments were neither solicited nor received on the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act and paragraph (f) of Rule 19b-4 thereunder.
At any time within 60 days of the filing of the proposed rule change,
the Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form http://www.sec.gov/rules/sro.shtml; or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-MSRB-2014-03 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MSRB-2014-03. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the MSRB. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-MSRB-2014-03 and should be
submitted on or before May 22, 2014.

    For the Commission, pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-09919 Filed 4-30-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: September 2, 2010 (Volume 75, Number 170)]
[Notices]
[Page 53977]
[DOCID:fr02se10-74]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1934-DR; Docket ID FEMA-2010-0002]

Missouri; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Missouri (FEMA-1934-DR), dated August 17, 2010, and
related determinations.

DATES: Effective Date: August 26, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Missouri is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of August 17, 2010.

    Knox, Linn, Marion, Monroe, Pike, Ralls, and Shelby Counties for
Public Assistance.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-21994 Filed 9-1-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 82, Number 78 (Tuesday, April 25, 2017)]
[Notices]
[Pages 19044-19046]
[FR Doc No: 2017-08250]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2016-0511; FRL-9959-33]

Certain New Chemicals or Significant New Uses; Statements of
Findings for December 2016

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Section 5(g) of the Toxic Substances Control Act (TSCA)
requires EPA to publish in the Federal Register a statement of its
findings after its review of TSCA section 5(a) notices when EPA makes a
finding that a new chemical substance or significant new use is not
likely to present an unreasonable risk of injury to health or the
environment. Such statements apply to premanufacture notices (PMNs),
microbial commercial activity notices (MCANs), and significant new use
notices (SNUNs) submitted to EPA under TSCA section 5. This document
presents statements of findings made by EPA on TSCA section 5(a)
notices during the period from December 1, 2016 to December 31, 2016.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
Greg Schweer, Chemical Control Divison (7405M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
202-564-8469; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. As such, the
Agency has not

attempted to describe the specific entities that this action may apply
to. Although others may be affected, this action applies directly to
the submitters of the PMNs addressed in this action.

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

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPPT-2016-0511, is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics
Docket (OPPT Docket), Environmental Protection Agency Docket Center
(EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

II. What action is the Agency taking?

    This document lists the statements of findings made by EPA after
review of notices submitted under TSCA section 5(a) that certain new
chemical substances or significant new uses are not likely to present
an unreasonable risk of injury to health or the environment. This
document presents statements of findings made by EPA during the period
from December 1, 2016 to December 31, 2016.

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

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

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

    In this unit, EPA provides the following information (to the extent
that such information is not claimed as Confidential Business
Information (CBI)) on the PMNs, MCANs and SNUNs for which, during this
period, EPA has made findings under TSCA section 5(a)(3)(C) that the
new chemical substances or significant new uses are not likely to
present an unreasonable risk of injury to health or the environment:
     EPA case number assigned to the TSCA section 5(a) notice.
     Chemical identity (generic name, if the specific name is
claimed as CBI).
     Web site link to EPA's decision document describing the
basis of the ``not likely to present an unreasonable risk'' finding
made by EPA under TSCA section 5(a)(3)(C).
    EPA Case Number: J-16-0033; Chemical identity: Saccharomyces
cerevisiae modified to express glucoamylase activity (generic name);
Web site link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-37.
    EPA Case Number: J-16-0034; Chemical identity: Saccharomyces
cerevisiae modified (generic name); Web site link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-36.
    EPA Case Number: J-16-0035; Chemical identity: Saccharomyces
cerevisiae modified (generic name); Web site link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-34.
    EPA Case Number: J-16-0036--0041; Chemical identity: Biofuel
producing modified microorganism(s), with chromosomally-borne
modifications (generic name); Web site link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-35.
    EPA Case Number: P-17-0009; Chemical identity: Depolymerized waste
plastics (generic name); Web site link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-38.
    EPA Case Number: P-17-0016; Chemical identity: Hydroxyl alkyl
acrylate ester, polymer with acrylates, aromatic vinyl monomer,
cycloaliphatic lactone, and alkyl carboxylic acid, peroxide initiated
(generic name); Web site link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-39.
    EPA Case Number: P-17-0017; Chemical identity: Hydroxyl alkyl
acrylate ester, polymer with acrylates, aromatic vinyl monomer,
cycloaliphatic lactone, and alkyl carboxylic acid, peroxide initiated
(generic name); Web site link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-39.
    EPA Case Number: P-17-0018; Chemical identity: Hydroxyl alkyl
acrylate ester, polymer with acrylates,

aromatic vinyl monomer, cycloaliphatic lactone, and alkyl carboxylic
acid, Azobis [aliphatic nitrile] initiated (generic name); Web site
link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-39.
    EPA Case Number: P-17-0019; Chemical identity: Hydroxyl alkyl
acrylate ester, polymer with acrylates, aromatic vinyl monomer,
cycloaliphatic lactone, and alkyl carboxylic acid, peroxide initiated
(generic name); Web site link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-39.
    EPA Case Number: P-17-0020; Chemical identity: Hydroxyl alkyl
acrylate ester, polymer with acrylates, aromatic vinyl monomer,
cycloaliphatic lactone, and alkyl carboxylic acid, peroxide initiated
(generic name); Web site link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-39.
    EPA Case Number: P-17-0021; Chemical identity: Hydroxyl alkyl
acrylate ester, polymer with acrylates, aromatic vinyl monomer,
cycloaliphatic lactone, and alkyl carboxylic acid, Azobis [aliphatic
nitrile] initiated (generic name); Web site link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-39.

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

    Dated: February 13, 2017.
 Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and
Toxics.
[FR Doc. 2017-08250 Filed 4-24-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 180 (Tuesday, September 19, 2023)]
[Notices]
[Pages 64478-64480]
[FR Doc No: 2023-20170]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98378; File No. SR-BX-2023-023]

Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Equity 4,
Rules 4702 and 4703

September 13, 2023.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 5, 2023, Nasdaq BX, Inc. (``BX'' or ``Exchange'')
filed with the Securities and Exchange Commission (the ``Commission'')
the proposed rule change as described in Items I and II below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend Equity 4, Rules 4702 and 4703.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/bx/rules, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes amendments to its Rules to address
inconsistencies between the Rule Text and observed System behavior as
well as behavior unaccounted for in the existing Rule text, as follows.
This proposal is similar to a rule change filed by the Exchange's
sister exchange, the Nasdaq Stock Market, LLC on August 16, 2023.\3\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 34-98225 (August 16,
2023), 88 FR 60255 (August 31, 2023) (SR-NASDAQ-2023-030). The
Exchange's proposal differs from that of Nasdaq in that it excludes
changes to Order Types and Attributes that are inapplicable to the
Exchange due to its absence of opening and closing crosses.
---------------------------------------------------------------------------

First Rule Change
    The first proposed rule change addresses an edge case of
inconsistency between the Rule text and System behavior, this time
regarding Market Maker Peg Orders.\4\ Rule 4702(b)(7)(A) states that,
if after entry of a Market Maker Peg Order that has a displayed price
based on the NBBO, and the NBBO subsequently shifts such that the
displayed price of the Market Maker Peg Order to buy (sell) is equal to
or greater (less) than the National Best Bid (or National Best Offer),
the Market Maker Peg Order will not be subsequently repriced until a
new reference price is established that is more aggressive than the
displayed price of the Market Maker Peg Order. System testing revealed
that the System does not reprice Market Maker Peg Orders in this
scenario, but only if such Orders are in round lot sizes, whereas it
does reprice such Orders when they are in odd lot sizes. After
evaluation, the Exchange determined to maintain this System behavior
and amend the Rule to conform to it. The Exchange proposes to do so
because the existing language proscribing repricing only makes sense
within the context of round lot Market Maker Peg Orders, which this
scenario would set a new NBBO and when they do so, cannot reprice with
respect to the reference price they just set. By contrast, odd lot
Market Maker Peg Orders are ineligible to set the NBBO, and do not have
this same problem. Accordingly, the Exchange proposes to amend Rule
4702(b)(7)(A) to clarify that the prohibition against repricing only
applies to Market Maker Peg Orders in round lot sizes.
---------------------------------------------------------------------------

    \4\ Pursuant to Rule 4702(b)(7)(A), a ``Market Maker Peg Order''
is an Order Type designed to allow a Market Maker to maintain a
continuous two-sided quotation at a displayed price that is
compliant with the quotation requirements for Market Makers set
forth in Equity 2, Section 5(a)(2). The displayed price of the
Market Maker Peg Order is set with reference to a ``Reference
Price'' in order to keep the displayed price of the Market Maker Peg
Order within a bounded price range. The Reference Price for a Market
Maker Peg Order to buy (sell) is the then-current National Best Bid
(National Best Offer), or if no such National Best Bid or National
Best Offer, the most recent reported last-sale eligible trade from
the responsible single plan processor for that day, or if none, the
previous closing price of the security as adjusted to reflect any
corporate actions (e.g., dividends or stock splits) in the security.
---------------------------------------------------------------------------

Second Rule Change
    The second proposal would amend Equity 4, Rule 4703(h), to correct
its description of behavior of the Non-Displayed portion of Orders with
the Reserve Attribute.\5\ Rule 4703(h) provides as follows, in
pertinent part:
---------------------------------------------------------------------------

    \5\ ``Reserve Size'' is, in part, an Order Attribute that
``permits a Participant to stipulate that an Order Type that is
displayed may have its displayed size replenished from additional
non-displayed size.'' Rule 4703(h). The Rule also states that
Reserve ``is not available for Orders that are not displayed;
provided, however, that if a Participant enters Reserve Size for a
Non-Displayed Order with a Time-in-Force of IOC, the full size of
the Order, including Reserve Size, will be processed as a Non-
Displayed Order.'' Id. In addition to the change proposed above, the
Exchange proposes to eliminate from the immediately preceding
language ``with a Time-in-Force of IOC'' because the Exchange does
not assess a reason to include this qualifier. The statement that a
Non-Displayed Order with Reserve will be entirely non-displayed is
true even as to Non-Displayed Orders with other TIFs.

    In all cases, if the remaining size of the Non-Displayed Order
is less than the fixed or random amount stipulated by the
Participant, the full remaining size of the Non-Displayed

---------------------------------------------------------------------------
Order will be displayed and the Non-Displayed Order will be removed.

    As stated, this Rule requires that the entire Non-Displayed portion
of a Reserve Order will become Displayed the moment the size of the
Non-Displayed portion drops below an amount that a participant
designates or has directed the System to randomly designate (the ``Max
Floor''). In conducting a test of System behavior, however, the
Exchange observed that the System does not, in fact, operate in this
manner. Instead, the System maintains the Non-Displayed portion of a
Reserve Order as such when the size of that Non-Displayed Portion drops
below the Max Floor. Rather than correct the current System behavior to
match the Rule, the Exchange determined that users of Reserve Orders
prefer the current System behavior because it is true to the underlying
intent of Reserve functionality, which is to help limit the price
impacts of trading large quantities of shares by displaying only small
portions of such shares at a given time, while hiding the rest in
reserve. Thus, the Exchange proposes to address the inconsistency
between the Rule text and the behavior of the System by deleting the
aforementioned language from Rule 4703(h). Going forward, the System
will not convert to a Displayed Order the Non-Displayed remainder of a
Reserve Order that falls below the Max Floor, and the System will not
remove it.
2. Statutory Basis
    The Exchange believes that its proposals are consistent with
section 6(b) of the Act, in general, and further the objectives of
section 6(b)(5) of the Act, in particular, in that they are designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest.
    It is consistent with the Act to amend the Exchange's Rules to
address inconsistencies between the Rule text and observed System
behavior, including by adapting the Rule text to codify observed System
behavior, where the observed behavior is more consistent with the
underlying purpose of an Order Attribute than is the Rule text
(maintaining the Non-Displayed status of a reserve portion of a Reserve
Order that drops below the Max Floor) and where System behavior
reflects a nuance not contemplated by the existing Rules (clarifying
that the prohibition against repricing Market Maker Peg Orders that
have prices equal to or better than the NBBO only applies to round lot
Market Maker Peg Orders, and not to odd lots).
    Finally, it is consistent with the Act to amend Rule 4703(h) to
delete qualifying language which erroneously suggests that Non-
Displayed Orders with Reserve are only non-displayed when such Orders
have a TIF of IOC. Investors and the public have an interest in the
Exchange maintaining a Rulebook that is accurate.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The proposals merely address
inconsistencies between Rule text and System behavior. The Exchange
neither intends nor perceives that these rule changes will have any
impact on competition.

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

    No written comments were either solicited or received.

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

    The Exchange has filed the proposed rule change pursuant to section
19(b)(3)(A)(iii) of the Act \6\ and Rule 19b-4(f)(6) thereunder.\7\
Because the proposed rule change does not: (i) significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to section 19(b)(3)(A) of the Act \8\ and Rule 19b-
4(f)(6)(iii) thereunder.\9\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \7\ 17 CFR 240.19b-4(f)(6).
    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
section 19(b)(2)(B) \10\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-BX-2023-023 on the subject line.

Paper Comments

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

All submissions should refer to file number SR-BX-2023-023. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information

that you wish to make available publicly. We may redact in part or
withhold entirely from publication submitted material that is obscene
or subject to copyright protection. All submissions should refer to
file number SR-BX-2023-023 and should be submitted on or before October
10, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-20170 Filed 9-18-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: June 26, 2006 (Volume 71, Number 122)]
[Notices]
[Page 36330-36332]
[DOCID:fr26jn06-47]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

June 14, 2006.
    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC06-99-000.
    Applicants: Tor Power, LLC; Tyr Energy, LLC; Lincoln Generating
Facility, LLC; Green Country Energy, LLC.
    Description: Tyr Energy, LLC, Green Country Energy, LLC et al.
submit an amendment to their application to provide a description of
their reorganization.
    Filed Date: 06/06/2006.
    Accession Number: 20060609-0045.
    Comment Date: 5 p.m. Eastern Time on Friday, June 23, 2006.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER02-298-003; EL05-111-000.
    Applicants: Thompson River Co-Gen, LLC.
    Description: Thompson River Co-Gen, LLC submits its revised updated
market power analysis to include the generation power market screens.
    Filed Date: 05/30/2006.

    Accession Number: 20060606-0453.
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 20, 2006.

    Docket Numbers: ER03-534-002.
    Applicants: Ingenco Wholesale Power, L.L.C.
    Description: Ingenco Wholesale Power, LLC submits its triennial
market power update analysis pursuant to Commission order issued 3/24/
03.
    Filed Date: 04/27/2006.
    Accession Number: 20060427-5031.
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 21, 2006.

    Docket Numbers: ER03-774-003.
    Applicants: Eagle Energy Partners I, L.P.
    Description: Eagle Energy Partners I, LP submits its updated power
market analysis pursuant to the Commission's order issued 6/11/03.
    Filed Date: 06/12/2006.
    Accession Number: 20060614-0110.
    Comment Date: 5 p.m. Eastern Time on Monday, July 3, 2006.

    Docket Numbers: ER03-796-004.
    Applicants: Katahdin Paper Company LLC.
    Description: Katahdin Paper Co LLC submits its triennial market
power analysis in compliance with Commission's order.
    Filed Date: 06/12/2006.
    Accession Number: 20060614-0109.
    Comment Date: 5 p.m. Eastern Time on Monday, July 3, 2006.

    Docket Numbers: ER04-805-005.
    Applicants: Wabash Valley Power Association, Inc.
    Description: Wabash Valley Power Association Inc submits its notice
of non-material change in status in compliance with the requirements
adopted by FERC in Order 652.
    Filed Date: 05/30/2006.
    Accession Number: 20060602-0332.
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 20, 2006.

    Docket Numbers: ER05-1502-003.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corp submits
its compliance filing pursuant to FERC's 5/12/06 Order.
    Filed Date: 06/12/2006.
    Accession Number: 20060614-0112.
    Comment Date: 5 p.m. Eastern Time on Monday, July 3, 2006.

    Docket Numbers: ER06-436-001.
    Applicants: Avista Corporation.
    Description: Avista Corporation submits Non-Conforming Agreements
under its OATT, Volume 8 consisting of twelve Network Integration
Transmission Service Agreements with Bonneville Power Administration.
    Filed Date: 06/09/2006.
    Accession Number: 20060614-0080.
    Comment Date: 5 p.m. Eastern Time on Friday, June 30, 2006.

    Docket Numbers: ER06-723-002.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corp submits
its revised Interim Reliability Requirements Program pursuant to FERC's
5/12/06 Order.
    Filed Date: 06/12/2006.
    Accession Number: 20060614-0111.
    Comment Date: 5 p.m. Eastern Time on Monday, July 3, 2006.

    Docket Numbers: ER06-731-002.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
submits revisions to Module D of its OAT&EM Tariff.
    Filed Date: 06/08/2006.
    Accession Number: 20060612-0215.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 29, 2006.

    Docket Numbers: ER06-959-001.
    Applicants: Vermont Electric Cooperative, Inc.
    Description: Vermont Electric Cooperative, Inc. submits a letter
clarifying its 5/24/06 letter and a list of the tariffs that should be
withdrawn, pursuant to Commission's amendment to section 201(f) of the
Federal Power Act.
    Filed Date: 05/26/2006.
    Accession Number: 20060526-5008.
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 21, 2006.

    Docket Numbers: ER06-1118-000.
    Applicants: ECP Energy, LLC.
    Description: ECP Energy, LLC submits an application for order
accepting initial tariff, waiving regulations and granting blanket
approvals.
    Filed Date: 06/08/2006.
    Accession Number: 20060612-0216.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 29, 2006.

    Docket Numbers: ER06-1119-000.
    Applicants: San Diego Gas & Electric Company.
    Description: San Diego Gas & Electric Co submits First Revised
Sheet 130 et al to Rate Schedule FERC 14, Reliability Must Run Service
Agreement with California Independent System Operator Corp.
    Filed Date: 06/08/2006.
    Accession Number: 20060614-0071.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 29, 2006.

    Docket Numbers: ER06-1120-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
supplements its 3/10/06 filing with signature pages, Original Sheet
Number 39.
    Filed Date: 06/08/2006.
    Accession Number: 20060614-0072.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 29, 2006.

    Docket Numbers: ER06-1121-000.
    Applicants: American Electric Power Service Corporation; Ohio Power
Company.
    Description: Ohio Power Co submits its notice of cancellation of
its Amended Interconnection Agreement and Operation Agreement, Second
Revised Service Agreement 433, Electric Tariff Third Revised Volume 6,
with Lawrence Energy Center, LLC.
    Filed Date: 06/09/2006.
    Accession Number: 20060614-0073.
    Comment Date: 5 p.m. Eastern Time on Friday, June 30, 2006.

    Docket Numbers: ER06-1122-000.
    Applicants: High Trail Wind Farm, LLC.
    Description: High Trail Wind Farm, LLC submits a petition for order
accepting market-based rate schedule for filing and granting waivers
and blanket approvals.
    Filed Date: 06/09/2006.
    Accession Number: 20060614-0074.
    Comment Date: 5 p.m. Eastern Time on Friday, June 30, 2006.

    Docket Numbers: ER06-1123-000.
    Applicants: American Electric Power System; Ohio Power Company.
    Description: Ohio Power Co submits its notice of cancellation of
its Amended Interconnection Agreement and Operation Agreement, Second
Revised Service Agreement 516, Electric Tariff Third Revised Volume 6,
with Lawrence Energy Center, LLC.
    Filed Date: 06/09/2006.
    Accession Number: 20060614-0075.
    Comment Date: 5 p.m. Eastern Time on Friday, June 30, 2006.

    Docket Numbers: ER06-1124-000.
    Applicants: Kentucky Utilities Company.
    Description: Kentucky Utilities Co submits a request for an
extension of its contract term for an Interconnection Agreement with
Eastern Kentucky Power Cooperative.
    Filed Date: 06/09/2006.
    Accession Number: 20060614-0090.
    Comment Date: 5 p.m. Eastern Time on Friday, June 30, 2006.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern

Time on the specified comment date. It is not necessary to separately
intervene again in a subdocket related to a compliance filing if you
have previously intervened in the same docket. Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant. In reference to filings
initiating a new proceeding, interventions or protests submitted on or
before the comment deadline need not be served on persons other than
the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-9978 Filed 6-23-06; 8:45 am]

BILLING CODE 6717-01-P