[Federal Register Volume 88, Number 138 (Thursday, July 20, 2023)]
[Notices]
[Pages 46820-46823]
[FR Doc No: 2023-15356]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97909; File No. SR-NYSE-2023-26]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Its Price List

July 14, 2023.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on June 30, 2023, New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Price List to provide for an
alternate way for member organizations to qualify for the market at-
the-close (``MOC'') and limit at-the-close (``LOC'') Tier 3. The
proposed rule change is available on the Exchange's website at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend it Price List to provide for an
alternate way for member organizations to qualify for the MOC/LOC Tier
3.
    The proposed changes respond to the current competitive environment
where order flow providers have a choice of where to direct closing
orders in NYSE-listed securities by providing an alternate way for
member organizations to send additional auction flow that will
incentivize member organizations to send closing liquidity to achieve
lower fees and encourage greater liquidity at the closing auction.
    The Exchange proposes to implement the fee changes effective July
3, 2023.
Competitive Environment
    The Exchange operates in a highly competitive market. The
Commission has repeatedly expressed its preference for competition over
regulatory intervention in determining prices, products, and services
in the securities markets. In Regulation NMS, the Commission
highlighted the importance of market forces in determining prices and
SRO revenues and, also, recognized that current regulation of the
market system ``has been remarkably successful in promoting market
competition in its broader forms that are most important to investors
and listed companies.'' \4\
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    \4\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005) (File No. S7-10-04) (Final
Rule) (``Regulation NMS'').
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    While Regulation NMS has enhanced competition, it has also fostered
a ``fragmented'' market structure where trading in a single stock can
occur across multiple trading centers. When multiple trading centers
compete for order flow in the same stock, the Commission has recognized
that ``such competition can lead to the fragmentation of order flow in
that stock.'' \5\ Indeed, cash equity trading is
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    \5\ See Securities Exchange Act Release No. 61358, 75 FR 3594,
3597 (January 21, 2010) (File No. S7-02-10) (Concept Release on
Equity Market Structure).

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currently dispersed across 16 exchanges,\6\ numerous alternative
trading systems,\7\ and broker-dealer internalizers and wholesalers,
all competing for order flow. Based on publicly-available information,
no single exchange currently has more than 17% market share.\8\
Therefore, no exchange possesses significant pricing power in the
execution of cash equity order flow. More specifically, the Exchange's
share of executed volume of equity trades in Tapes A, B and C
securities is less than 12%.\9\
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    \6\ See Cboe U.S Equities Market Volume Summary, available at
https://markets.cboe.com/us/equities/market_share. See generally
https://www.sec.gov/fast-answers/divisionsmarketregmrexchangesshtml.html.
    \7\ See FINRA ATS Transparency Data, available at https://otctransparency.finra.org/otctransparency/AtsIssueData. A list of
alternative trading systems registered with the Commission is
available at https://www.sec.gov/foia/docs/atslist.htm.
    \8\ See Cboe Global Markets U.S. Equities Market Volume Summary,
available at https://markets.cboe.com/us/equities/market_share/.
    \9\ See id.
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    In addition, in light of this crowded competitive landscape for
order flow, including at the close, the Exchange does not have a
monopoly over where closing orders in NYSE-listed securities are
executed. Indeed, competition with respect to these orders in NYSE-
listed securities is fierce, not only because of the availability of
the Cboe Exchange, Inc. (``Cboe'') Market Close, but also, and more
relevant, because of the internalization of MOC order flow by some of
the largest broker-dealers.\10\ In the currently highly competitive
national market system, numerous exchanges and other order execution
venues compete for order flow intraday as well as at the close, and
competition for closing orders is robust.
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    \10\ There are at least seven broker-dealer sponsored products
competing for volume at the close, including Credit Suisse's CLOSEX;
Instinet's Market-on-Close Cross; Morgan Stanley's Market-on-Close
Aggregator (MOCHA); Bank of America's Instinct X[supreg] and Global
Conditional Cross; JP Morgan's JPB-X; Piper Sandler's On-Close Match
Book; and Goldman Sachs' One Delta Close Facility (ODCF).
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    The Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
move order flow, or discontinue or reduce use of certain categories of
products. While it is not possible to know a firm's reason for shifting
order flow, the Exchange believes that one such reason is because of
fee changes at any of the registered exchanges or non-exchange venues
to which the firm routes order flow. With respect to closing order
flow, member organizations can choose among multiple options of where
to execute such orders. Accordingly, competitive forces compel the
Exchange to use exchange transaction fees and credits because market
participants can readily trade on competing venues if they deem pricing
levels at those other venues to be more favorable.
    The proposed change responds to the current competitive environment
where order flow providers have a choice of where to direct orders in
NYSE-listed securities, including at the close, by modifying
requirements in order to provide an additional way for member
organizations to qualify for a MOC/LOC tier and encourage additional
liquidity to the Exchange.
Proposed Rule Change
    Currently, for MOC/LOC Tier 3, the Exchange charges $0.0009 per
share for MOC orders and $0.0009 per share for LOC orders from any
member organization executing in the current billing month (1) an
average daily trading volume (``ADV'') of MOC activity on the NYSE of
at least 0.20% of NYSE consolidated ADV (``CADV''),\11\ (2) an ADV of
the member organization's total close activity (MOC/LOC and other
executions at the close) on the NYSE of at least 0.30% of NYSE CADV,
and (3) whose MOC activity comprised at least 35% of the member
organization's total close activity (MOC/LOC and other executions at
the close).
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    \11\ ADV and CADV are defined in footnote * of the Price List.
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    The Exchange proposes to modify the third requirement by adding an
alternate way for member organizations to qualify for the MOC/LOC Tier
3. As proposed, member organizations that meet the first two
requirements would be able to satisfy the third requirement and qualify
for the tier if the member organization has either MOC activity
comprised at least 35% of the member organization's total close
activity (MOC/LOC and other executions at the close), which is the
current requirement, or executes an ADV of D Order executions at the
close of at least 30 million shares. The Exchange proposes no changes
to the other requirements or to the fees.
    The purpose of the proposed change is to increase the ability for
order flow providers to send greater marketable and other liquidity at
the closing auction. As described above, member organizations with
closing orders have a choice of where to send those orders. The
Exchange believes that, by offering an alternate way for member
organizations to qualify for the fees, more member organizations will
choose to route greater marketable and other liquidity to the Exchange
at the close. Currently, a number of member organizations qualify for
MOC/LOC Tier 3. The Exchange cannot predict with certainty how many
member organizations would avail themselves of the opportunity offered
by the proposed change but believes that at least 1-5 member
organizations could choose to execute the required volume of D Orders
to qualify for the tier based on the additional qualification method.
    The proposed changes are not otherwise intended to address any
other issues, and the Exchange is not aware of any significant problems
that market participants would have in complying with the proposed
changes.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\12\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\13\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities, is designed to prevent fraudulent and
manipulative acts and practices and to promote just and equitable
principles of trade, and does not unfairly discriminate between
customers, issuers, brokers or dealers.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(4) and (5).
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The Proposed Fee Change Is Reasonable
    As discussed above, the Exchange operates in a highly fragmented
and competitive market. The Commission has repeatedly expressed its
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. Specifically,
in Regulation NMS, the Commission highlighted the importance of market
forces in determining prices and SRO revenues and, also, recognized
that current regulation of the market system ``has been remarkably
successful in promoting market competition in its broader forms that
are most important to investors and listed companies.'' \14\
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    \14\ See Regulation NMS, supra note 4, 70 FR at 37499.
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    In light of the competitive environment in which the Exchange
currently operates, the proposed rule change is a reasonable attempt to
increase liquidity on the Exchange and improve the Exchange's market
share relative to its competitors. The Exchange believes the proposed
change is also reasonable because it is designed to attract higher
volumes of orders transacted on the Exchange by member

organizations during the closing auction. The Exchange's closing
auction is a recognized industry benchmark,\15\ and member
organizations receive a substantial benefit from the Exchange in
obtaining high levels of executions at the Exchange's closing price on
a daily basis.
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    \15\ For example, the pricing and valuation of certain indices,
funds, and derivative products require primary market prints.
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    The Exchange believes that the proposed additional way to qualify
for MOC/LOC Tier 3 is a reasonable way to both encourage greater
liquidity and achieve the proposed discounts. Higher volumes of closing
orders contribute to the quality of the Exchange's closing auction by
leading the price discovery process. Closing orders are also a valuable
tool for market participants, as any closing order priced more
aggressively than the closing auction price would be filled in the
auction. In addition, as noted above, in the currently highly
competitive national market system, competition for closing orders
among exchanges, ATSs and other market execution venues is robust.
The Proposed Change Is an Equitable Allocation of Fees and Credits
    The Exchange believes the proposal equitably allocates fees and
credits among market participants because all member organizations that
participate on the Exchange may qualify for the proposed alternate way
to qualify for MOC/LOC Tier 3 on an equal basis. The Exchange believes
its proposal equitably allocates its fees and credits among its market
participants by fostering liquidity provision and stability in the
marketplace.
    The Exchange believes that the proposed additional qualification
method is an equitable allocation of fees because the proposed change
will incentivize member organizations to send additional liquidity to
achieve lower fees and encourage greater marketable and other liquidity
at the closing auction. Higher volumes of closing orders contribute to
the quality of the Exchange's closing auction and provide market
participants whose orders participate in the close with a greater
opportunity for execution of orders on the Exchange, thereby promoting
price discovery and transparency and enhancing order execution
opportunities and improving overall liquidity on a public exchange. The
Exchange also believes that the proposed change is equitable because it
would apply to all similarly situated member organizations that utilize
closing orders on the Exchange.
The Proposed Fee Change Is Not Unfairly Discriminatory
    The Exchange believes that the proposal is not unfairly
discriminatory. In the prevailing competitive environment, member
organizations are free to disfavor the Exchange's pricing if they
believe that alternatives offer them better value.
    The proposed additional way to satisfy the requirements for MOC/LOC
Tier 3 is not unfairly discriminatory because the proposal would be
applied to all similarly situated member organizations and other market
participants, who would all be subject to the same fees, requirements,
and discounts on an equal basis. For the same reason, the proposal
neither targets nor will it have a disparate impact on any particular
category of market participant. Accordingly, no member organization
already operating on the Exchange would be disadvantaged by this
allocation of fees. Further, submission of orders to the Exchange is
optional for member organizations in that they could choose whether to
submit orders to the Exchange and, if they do, the extent of its
activity in this regard.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described above and below in the Exchange's
statement regarding the burden on competition.
    For the foregoing reasons, the Exchange believes that the proposal
is consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\16\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, the Exchange believes that the proposed
fee change would encourage the submission of additional liquidity to a
public exchange, thereby promoting market depth, price discovery, and
transparency and enhancing order execution opportunities for market
participants. The Exchange believes that this could promote competition
between the Exchange and other execution venues, including those that
currently offer similar order types and comparable transaction pricing,
by encouraging additional orders to be sent to the Exchange for
execution. As a result, the Exchange believes that the proposed change
furthers the Commission's goal in adopting Regulation NMS of fostering
integrated competition among orders, which promotes ``more efficient
pricing of individual stocks for all types of orders, large and
small.'' \17\
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    \16\ 15 U.S.C. 78f(b)(8).
    \17\ See Securities Exchange Act Release No. 51808, 70 FR 37495,
37498-99 (June 29, 2005) (S7-10-04) (Final Rule).
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    Intramarket Competition. The Exchange believes the proposed change
would not impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The proposed
change is designed to attract additional orders to the Exchange. The
Exchange believes that the proposed changes would encourage market
participants to direct their closing orders to the Exchange. Greater
overall order flow, trading opportunities, and pricing transparency
benefit all market participants on the Exchange by enhancing market
quality and continuing to encourage member organizations to send
orders, thereby contributing towards a robust and well-balanced market
ecosystem. The current and proposed fees would be available to all
similarly situated market participants, and, as such, the proposed
change would not impose a disparate burden on competition among market
participants on the Exchange. As noted, the proposal would apply to all
similarly situated member organizations on the same and equal terms,
who would benefit from the changes on the same basis. Accordingly, the
proposed change would not impose a disparate burden on competition
among market participants on the Exchange.
    Intermarket Competition. The Exchange operates in a highly
competitive market in which market participants can readily choose to
send their orders to other exchange and off-exchange venues if they
deem fee levels at those other venues to be more favorable. In such an
environment, the Exchange must continually adjust its fees and rebates
to remain competitive with other exchanges and with off-exchange
venues. Because competitors are free to modify their own fees and
credits in response, and because market participants may readily adjust
their order routing practices, the Exchange does not believe its
proposed fee change can impose any burden on intermarket competition.
    Finally, as previously noted, the Exchange operates in a highly
competitive market for closing orders in which market participants can
readily favor competing venues if they deem fee levels at a particular
venue to be excessive or rebate opportunities available at other venues
to be more

favorable. In such an environment, the Exchange must continually adjust
its fees and rebates to remain competitive with other exchanges and
non-exchange trading venues that are not subject to the same
transparency or statutory standards applicable to exchanges relating to
setting fees. Because competitors are free to modify their own fees and
credits in response, some without the requirement of making a filing
with the Commission, and because market participants may readily adjust
their order routing practices, the Exchange believes that any degree to
which fee changes in this market may impose any burden on competition
would be extremely limited.

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

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

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

    The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A) \18\ of the Act and paragraph (f) 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.
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    \18\ 15 U.S.C. 78s(b)(3)(A).
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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-NYSE-2023-26 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-NYSE-2023-26. 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-NYSE-2023-26 and should be
submitted on or before August 10, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2023-15356 Filed 7-19-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 218 (Tuesday, November 14, 2023)]
[Notices]
[Pages 78012-78013]
[FR Doc No: 2023-25039]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-542-000]

Golden Triangle Storage, L.L.C.; Notice of Schedule for the
Preparation of an Environmental Assessment for the Golden Triangle
Storage Expansion Project

    On September 12, 2023, Golden Triangle Storage, L.L.C. (GTS) filed
an application in Docket No. CP23-542-000 requesting a Certificate of
Public Convenience and Necessity pursuant to section 7(c) of the
Natural Gas Act to construct and operate certain natural gas storage
facilities. The proposed project is known as the Golden Triangle
Storage Expansion Project (Project) and would authorize GTS to
construct additional storage caverns, compressor units, and appurtenant
facilities at its existing storage facility in Jefferson County, Texas.
According to GTS, the Project would add approximately 14.4 billion
cubic feet of new natural gas storage capacity to meet market demand in
the Gulf Coast Region and enhance operational capabilities at the
existing storage facilities.
    On September 20, 2023, the Federal Energy Regulatory Commission
(Commission or FERC) issued its Notice of Application for the Project.
Among other things, that notice alerted agencies issuing Federal
authorizations of the requirement to complete all necessary reviews and
to reach a final decision on a request for a Federal authorization
within 90 days of the date of issuance

of the Commission staff's environmental document for the Project.
    This notice identifies Commission staff's intention to prepare an
environmental assessment (EA) for the Project and the planned schedule
for the completion of the environmental review.\1\
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    \1\ 40 CFR 1501.10 (2020).
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Schedule for Environmental Review

Issuance of EA--February 1, 2024
90-day Federal Authorization Decision Deadline \2\--May 1, 2024
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    \2\ The Commission's deadline applies to the decisions of other
Federal agencies, and State agencies acting under federally
delegated authority, that are responsible for Federal
authorizations, permits, and other approvals necessary for proposed
projects under the Natural Gas Act. Per 18 CFR 157.22(a), the
Commission's deadline for other agency's decisions applies unless a
schedule is otherwise established by Federal law.

    If a schedule change becomes necessary, additional notice will be
provided so that the relevant agencies are kept informed of the
Project's progress.

Project Description

    GTS proposes to construct and operate two underground salt dome
natural gas storage caverns at its existing storage site, six
additional 5,500 horsepower compressor units at its existing compressor
station, a new brine disposal well and brine pipeline, and appurtenant
facilities, in Jefferson County, Texas. Construction of the proposed
facilities would temporarily disturb about 31 acres of land. Following
construction, GTS would maintain about 5.2 acres of land for permanent
operation of the Project's facilities; the remaining acreage would be
restored and revert to former uses.

Background

    On September 21, 2023, the Commission issued a Notice of Scoping
Period Requesting Comments on Environmental Issues for the Proposed
Golden Triangle Storage Expansion Project (Notice of Scoping). The
Notice of Scoping was sent to affected landowners; Federal, State, and
local government agencies; elected officials; environmental and public
interest groups; Native American Tribes; other interested parties; and
local libraries and newspapers. In response to the Notice of Scoping,
the Commission received comments from the Texas Parks and Wildlife
Department, the Sierra Club, and U.S. Environmental Protection Agency.
The primary issues raised by the commentors are construction
procedures, flood risks, effects on threatened and endangered species,
water quality, air quality, hazardous waste management, and impacts to
environmental justice communities. All substantive comments will be
addressed in the EA.

Additional Information

    In order to receive notification of the issuance of the EA and to
keep track of formal issuances and submittals in specific dockets, the
Commission offers a free service called eSubscription. This service
provides automatic notification of filings made to subscribed dockets,
document summaries, and direct links to the documents. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].
    Additional information about the Project is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC website (www.ferc.gov). Using the ``eLibrary'' link, select
``General Search'' from the eLibrary menu, enter the selected date
range and ``Docket Number'' excluding the last three digits (i.e.,
CP23-542), and follow the instructions. For assistance with access to
eLibrary, the helpline can be reached at<PHONE_NUMBER>, TTY (202) 502-
8659, or at [email protected]. The eLibrary link on the FERC
website also provides access to the texts of formal documents issued by
the Commission, such as orders, notices, and rule makings.

    Dated: November 7, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-25039 Filed 11-13-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 5 (Friday, January 7, 2011)]
[Notices]
[Pages 1209-1210]
[FR Doc No: 2011-125]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2011-0003]

Establishment of an Emergency Relief Docket for Calendar Year
2011

AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Notice of establishment of public docket.

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SUMMARY: This Notice announces the establishment of FRA's emergency
relief docket (ERD) for calendar year 2011. The designated ERD for
calendar year 2011 is docket number FRA-2011-0003.

ADDRESSES: See Supplementary Information section for further
information regarding submitting petitions and/or comments to Docket
No. FRA-2011-0003.

SUPPLEMENTARY INFORMATION: On May 19, 2009, FRA published a direct
final rule addressing the establishment of ERDs and the procedures for
handling petitions for emergency waivers of safety rules, regulations,
or standards during an emergency situation or event. 74 FR 23329. That
direct final rule became effective on July 20, 2009 and made minor
modifications to Sec.  211.45 to the FRA's Rules of Practice published
at 49 CFR Part 211. Paragraph (b) of Sec.  211.45 provides that each
calendar year FRA will establish an ERD in the publicly accessible DOT
docket system (available on the internet at http://www.regulations.gov). Paragraph (b) of Sec.  211.45 further provides
that FRA will publish a notice in the Federal Register identifying by
docket number the ERD for that year. As noted in the rule, FRA's
purpose for establishing the ERD and emergency waiver procedures is to
provide an expedited process for FRA to address the needs of the public
and the railroad industry during emergency situations or events. This
Notice announces that the designated ERD for calendar year 2011 is
docket number FRA-2011-0003.
    As detailed Sec.  211.45, if the FRA Administrator determines that
an emergency event as defined in 49 CFR 211.45(a) has occurred, or that
an

imminent threat of such an emergency occurring exists, and public
safety would benefit from providing the railroad industry with
operational relief, the emergency waiver procedures of 49 CFR 211.45
will go into effect. In such an event, the FRA Administrator will issue
a statement in the ERD indicating that the emergency waiver procedures
are in effect and FRA will make every effort to post the statement on
its Web site http://www.fra.dot.gov/. Any party desiring relief from
FRA regulatory requirements as a result of the emergency situation
should submit a petition for emergency waiver in accordance with 49 CFR
211.45(e) and (f). Specific instructions for filing petitions for
emergency waivers in accordance with 49 CFR 211.45 are found at 49 CFR
211.45(f). Specific instructions for filing comments in response to
petitions for emergency waivers are found at 49 CFR 211.45(h).

Privacy

    Anyone is able to search all comments received into any of our
dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review DOT's complete Privacy Act
Statement in the Federal Register published on April 11, 2000 (Volume
665, Number 7, Pages 19477-78). The statement may also be found at
http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on January 3, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2011-125 Filed 1-6-11; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 81, Number 3 (Wednesday, January 6, 2016)]
[Notices]
[Pages 540-541]
[FR Doc No: 2015-33211]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736.

Extension: Rule 206(4)-2.
    OMB Control No. 3235-0241, SEC File No. 270-217.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for extension and revision of the
previously approved collection of information discussed below.
    The title for the collection of information is ``Rule 206(4)-2
under the Investment Advisers Act of 1940--Custody of Funds or
Securities of Clients by Investment Advisers.'' Rule 206(4)-2 (17 CFR
275.206(4)-2) under the Investment Advisers Act of 1940 (15 U.S.C. 80b-
1 et seq.) governs the custody of funds or securities of clients by
Commission-registered investment advisers. Rule 206(4)-2 requires each
registered investment adviser that has custody of client funds or
securities to maintain those client funds or securities with a broker-
dealer, bank or other ``qualified custodian.'' \1\ The rule requires
the adviser to promptly notify clients as to the place and manner of
custody, after opening an account for the client and following any
changes.\2\ If an adviser sends account statements to its clients, it
must insert a legend in the notice and in subsequent account statements
sent to those clients urging them to compare the account statements
from the custodian with those from the adviser.\3\ The adviser also
must have a reasonable basis, after due inquiry, for believing that the
qualified custodian maintaining client funds and securities sends
account statements directly to the advisory clients, and undergo an
annual surprise examination by an independent public accountant to
verify client assets pursuant to a written agreement with the
accountant that specifies certain duties.\4\ Unless client assets are
maintained by an independent custodian (i.e., a custodian that is not
the adviser itself or a related person), the adviser also is required
to obtain or receive a report of the internal controls relating to the
custody of those assets from an independent public accountant that is
registered with and subject to regular inspection by the Public Company
Accounting Oversight Board (``PCAOB'').\5\
---------------------------------------------------------------------------

    \1\ Rule 206(4)-2(a)(1).
    \2\ Rule 206(4)-2(a)(2).
    \3\ Rule 206(4)-2(a)(2).
    \4\ Rule 206(4)-2(a)(3), (4).
    \5\ Rule 206(4)-2(a)(6).
---------------------------------------------------------------------------

    The rule exempts advisers from the rule with respect to clients
that are registered investment companies. Advisers to limited
partnerships, limited liability companies and other pooled investment
vehicles are excepted from the account statement delivery and deemed to
comply with the annual surprise examination requirement if the limited
partnerships, limited liability companies or pooled investment vehicles
are subject to annual audit by an independent public accountant
registered with, and subject to regular inspection by the PCAOB, and
the audited financial statements are distributed to investors in the
pools.\6\ The rule also provides an exception to the surprise
examination requirement for advisers that have custody because they
have authority to deduct advisory fees from client accounts and
advisers that have custody solely because a related person holds the
adviser's client assets and the related person is operationally
independent of the adviser.\7\
---------------------------------------------------------------------------

    \6\ Rule 206(4)-2(b)(4).
    \7\ Rule 206(4)-2(b)(3), (b)(6).
---------------------------------------------------------------------------

    Advisory clients use this information to confirm proper handling of
their accounts. The Commission's staff uses the information obtained
through these collections in its enforcement, regulatory and
examination programs. Without the information collected under the rule,
the Commission would be less efficient and effective in its programs
and clients would not have information valuable for monitoring an
adviser's handling of their accounts.
    The respondents to this information collection are investment
advisers registered with the Commission and have custody of clients'
funds or securities. We estimate that 5,228 advisers would be subject
to the information collection burden under the rule 206(4)-2. The
number of responses under rule 206(4)-2 will vary considerably
depending on the number of clients for which an adviser has custody of
funds or securities, and the number of investors in pooled investment
vehicles that the adviser manages. It is estimated that the average
number of responses annually for each respondent would be 6,830, and an
average time of 0.02286 hour per response. The annual aggregate burden
for all respondents to the requirements of rule 206(4)-2 is estimated
to be 816,285 hours.
    This collection of information is found at 17 CFR 275.206(4)-2 and
is mandatory. Responses to the collection of information are not kept
confidential. Commission-registered investment advisers are required to
maintain and preserve certain information required under rule 206(4)-2
for five years. The long-term retention of these records is necessary
for the Commission's examination program to ascertain compliance with
the Investment Advisers Act.
    The estimated average burden hours are made solely for the purposes
of Paperwork Reduction Act and are not derived from a comprehensive or
even representative survey or study of the cost of Commission rules and
forms. An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid control number.
    The public may view the background documentation for this
information collection at the following Web site, www.reginfo.gov.
Comments should be directed to: (i) Desk Officer for the

Securities and Exchange Commission, Office of Information and
Regulatory Affairs, Office of Management and Budget, Room 10102, New
Executive Office Building, Washington, DC 20503, or by sending an email
to<EMAIL_ADDRESS>and (ii) Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send an email
to<EMAIL_ADDRESS>Comments must be submitted to OMB within 30
days of this notice.

    Dated: December 30, 2015.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-33211 Filed 1-5-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 141 (Monday, July 23, 2012)]
[Notices]
[Pages 43103-43104]
[FR Doc No: 2012-17572]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2012-0546]

Policy on the 2009 Revision of the International Maritime
Organization Code for the Construction and Equipment of Mobile Offshore
Drilling Units

AGENCY:  Coast Guard, DHS.

ACTION: Notice of availability.

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SUMMARY: The Coast Guard announces the availability of CG-ENG Policy
Letter 02-12, ``Acceptance of the 2009 MODU Code.'' On December 2,
2009, the International Maritime Organization (IMO) adopted IMO
Assembly Resolution A.1023(26), Code for the Construction and Equipment
of Mobile Offshore Drilling Units, 2009 (2009 MODU Code). CG-ENG Policy
Letter 02-12 establishes that the Coast Guard considers the design and
equipment standards of the 2009 MODU Code to be at least as effective
as the design and equipment standards of the 1979 and 1989 versions of
the MODU Code. Therefore, an Officer in Charge, Marine Inspection
(OCMI) may consider a foreign documented MODU with a valid 2009 MODU
Code Certificate issued by the flag state or its authorized agent to
comply with 33 CFR 143.207(c) after confirming substantial compliance
with the provisions of the 2009 MODU Code.

DATES: CG-ENG Policy Letter 02-12 is effective as of May 7, 2012.

ADDRESSES: This notice and the documents referenced within are
available in the docket and can be viewed by going to
www.regulations.gov, inserting USCG-2012-0546 in the ``Keyword'' box,
and then clicking ``Search.'' CG-ENG Policy Letter 02-12 is also
available at www.uscg.mil and can be viewed by clicking the link to the
Office of Design and Engineering Standards (CG-ENG) under the
``Units,'' ``USCG Headquarters Organization,'' and ``CG-5P'' tabs, and
scrolling down to ``Policy Documents.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice
or CG-ENG Policy Letter 02-12, call or email Lieutenant Commander
Heather Mattern, Human Element and Ship Design Division (CG-ENG-1),
telephone<PHONE_NUMBER>, or email<EMAIL_ADDRESS>If you
have questions on viewing material in the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    Foreign documented MODUs engaged in any offshore activity
associated with the exploration for, or development or production of,
the minerals of the U.S. Outer Continental Shelf (OCS) must comply with
one of three options outlined in 33 CFR 143.207, which deal with design
and equipment standards. The majority of foreign MODU operators on the
OCS choose to comply with 33 CFR 143.207(c), often referred to as
``Option C.'' When choosing this option, MODU operators present the
OCMI with a valid MODU Code Certificate issued by the flag state or an
agent authorized to act on its behalf. Existing regulation and policy
permits MODUs to comply with the design and equipment standards in the
1979 MODU Code or 1989 MODU Code.
    The Coast Guard has evaluated the 2009 MODU Code, which applies to
MODUs, the keels of which are laid or at a similar stage of
construction on or after January 1, 2012. The Coast Guard considers the
design and equipment standards of the 2009 MODU Code to be at least as
effective as the design and equipment standards of the 1979 and

1989 MODU Codes. Therefore, OCMIs may consider a foreign MODU with a
valid 2009 MODU Code Certificate issued by the flag state or its
authorized agent to be compliant with 33 CFR 143.207(c) after
confirming that the MODU is in substantial compliance with the
provisions of the 2009 MODU Code.
    The guidance in this notice and CG-ENG Policy Letter 02-12 is not a
substitute for applicable legal requirements, nor is it itself a rule.
It is intended to provide operational guidance for Coast Guard
personnel and is not intended to nor does it impose legally binding
requirements on any party outside the Coast Guard. It represents the
Coast Guard's current thinking on this topic and may assist industry,
mariners, the general public, and the Coast Guard, as well as other
Federal and State regulators, in applying statutory and regulatory
requirements.
    This notice is issued under authority of 43 U.S.C. 1331, et seq., 5
U.S.C. 552(a), and 33 CFR 1.05-1.

    Dated: July 12, 2012.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2012-17572 Filed 7-20-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: September 7, 2006 (Volume 71, Number 173)]
[Notices]
[Page 52789-52790]
[DOCID:fr07se06-43]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 Notice of Application Accepted for Filing and Soliciting Motions
To Intervene, Protests, and Comments

August 28, 2006.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12702-000.
    c. Date filed: June 28, 2006.
    d. Applicant: Baintertown Hydroelectric Power LLC.
    e. Name of Project: Baintertown Hydroelectric Project.
    f. Location: The project would be located on the Elkhart River in
Elkhart County, Indiana. The project would use the Baintertown Dam
owned by the Elkhart County Parks and Recreation.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. William Stockhausen, 218 W. Dunlap
Street, Northville, MI 48167<PHONE_NUMBER>.
    i. FERC Contact: Patricia W. Gillis at<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed project would consist of
the following: (1) The existing 130-foot-wide, 4-foot-high Baintertown
Dam owned by the Elkhart County Parks and Recreation, (2) an existing
concrete and rock fill spillway with mean crest elevation of 803 feet
mean sea level, (3) a proposed reconstructed powerhouse containing one
proposed generating unit with an installed capacity of 325 kilowatts,
(4) an existing 500 feet long and 50 feet wide tailrace, (5) a proposed
200-foot-long, 12.5 kilovolt transmission line, and (6) appurtenant
facilities. The proposed project would have an average annual
generation of 870 megawatt-hours, which would be sold to a local
utility.
    l. Locations of Applications: A copy of the application is
available for inspection and reproduction at the Commission in the
Public Reference Room, located at 888 First Street, NE., Room 2A,
Washington, DC 20426, or by calling<PHONE_NUMBER>. This filing may
also be viewed on the Commission's Web site at http://www.ferc.gov

using the ``eLibrary'' link. Enter the docket number excluding the last
three digits in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item h
above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Competing Preliminary Permit: Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR
4.30(b) and 4.36.
    o. Competing Development Application: Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person

to file the competing application no later than 120 days after the
specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30(b) and 4.36.
    p. Notice of Intent: A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    q. Proposed Scope of Studies Under Permit: A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    r. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210,
385.211, 385.214. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper; See 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site under ``e-filing'' link.
The Commission strongly encourages electronic filing.
    s. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title COMMENTS, RECOMMENDATIONS FOR
TERMS AND CONDITIONS, PROTEST, OR MOTION TO INTERVENE, as applicable,
and the Project Number of the particular application to which the
filing refers. Any of the above-named documents must be filed by
providing the original and the number of copies provided by the
Commission's regulations to: The Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426. A copy of any
motion to intervene must also be served upon each representative of the
Applicant specified in the particular application.
    t. Agency Comments: Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-14771 Filed 9-6-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 52 (Thursday, March 17, 2022)]
[Notices]
[Pages 15237-15240]
[FR Doc No: 2022-05656]

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

[EPA-HQ-OPPT-2022-0132; FRL-9411-04-OSCPP]

Certain New Chemicals; Receipt and Status Information for
February 2022

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

concluded review. This document covers the period from 02/01/2022 to
02/28/2022.

DATES: Comments identified by the specific case number provided in this
document must be received on or before April 18, 2022.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2022-0132, and the specific case number for the
chemical substance related to your comment, through the Federal
eRulemaking Portal at https://www.regulations.gov. Follow the online
instructions for submitting comments. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Jim Rahai, Project Management
and Operations Division (7407M), Office of Pollution Prevention and
Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
address: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Executive Summary

What action is the Agency taking?

    This document provides the receipt and status reports for the
period from 02/01/2022 to 02/28/2022. The Agency is providing notice of
receipt of PMNs, SNUNs and MCANs (including amended notices and test
information); an exemption application under 40 CFR part 725 (Biotech
exemption); TMEs, both pending and/or concluded; NOCs to manufacture a
new chemical substance; and a periodic status report on new chemical
substances that are currently under EPA review or have recently
concluded review.
    EPA is also providing information on its website about cases
reviewed under the amended TSCA, including the section 5 PMN/SNUN/MCAN
and exemption notices received, the date of receipt, the final EPA
determination on the notice, and the effective date of EPA's
determination for PMN/SNUN/MCAN notices on its website at: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/status-pre-manufacture-notices. This information is updated on a
weekly basis.

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

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

C. Does this action apply to me?

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

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

    No.

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

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

I. Status Reports

    In the past, EPA has published individual notices reflecting the
status of TSCA section 5 filings received, pending or concluded. In
1995, the Agency modified its approach and streamlined the information
published in the Federal Register after providing notice of such
changes to the public and an opportunity to comment (See the Federal
Register of May 12, 1995, (60 FR 25798) (FRL-4942-7). Since the passage
of the Lautenberg amendments to TSCA in 2016, public interest in
information on the status of section 5 cases under EPA review and, in
particular, the final determination of

such cases, has increased. In an effort to be responsive to the
regulated community, the users of this information, and the general
public, to comply with the requirements of TSCA, to conserve EPA
resources and to streamline the process and make it more timely, EPA is
providing information on its website about cases reviewed under the
amended TSCA, including the section 5 PMN/SNUN/MCAN and exemption
notices received, the date of receipt, the final EPA determination on
the notice, and the effective date of EPA's determination for PMN/SNUN/
MCAN notices on its website at: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/status-pre-manufacture-notices. This information is updated on a weekly basis.

III. Receipt Reports

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

                        Table I--PMN/SNUN/MCANs Approved * From 02/01/2022 to 02/28/2022
----------------------------------------------------------------------------------------------------------------
                                    Received
       Case No.         Version       date        Manufacturer              Use             Chemical substance
----------------------------------------------------------------------------------------------------------------
J-22-0008A...........          3   02/15/2022  CBI..............  (G) Manufacture of an   (G) Modified Yeast.
                                                                   alcohol.
J-22-0011A...........          2   01/28/2022  CBI..............  (G) Ethanol production  (G) Biofuel producing
                                                                                Saccharomyces
                                                                                cerevisiae modified,
                                                                                genetically stable.
P-16-0218A...........          7   02/03/2022  CBI..............  (G) Reactant: Spray     (G) Acetoacetylated
                                                                   Foam Insulation,        Glycerin.
                                                                   Architectural Coating.
P-20-0124A...........          4   02/18/2022  CBI..............  (G) Additive in         (S) 5-octen-4-ol, 3,5-
                                                                   Household consumer      dimethyl-, (5E)-.
                                                                   products.
P-20-0126A...........          4   02/18/2022  CBI..............  (G) Additive in         (S) 4-Decenal, 5,9-
                                                                   household consumer      dimethyl-.
                                                                   products.
P-21-0011A...........          3   02/01/2022  CBI..............  (S) Crosslinking agent  (G) Hexane, 1,6-
                                                                   for inks and coatings.  diisocyanato-,
                                                                                homopolymer, alkyl
                                                                                epoxy ether- and
                                                                                polyethylene glycol
                                                                                mono-Me ether-
                                                                                blocked, reaction
                                                                                products with
                                                                                propylenimine.
P-21-0082A...........          2   02/18/2022  CBI..............  (G) Additive in         (S) 1-Decen-4-yne.
                                                                   household consumer
                                                                   products.
P-21-0205A...........          2   02/18/2022  CBI..............  (G) Additive in         (S) Benzene, [2-[(2-
                                                                   household consumer      methyl-1-undecen-1-
                                                                   products.               yl{time} oxy]ethyl]-.
P-21-0206A...........          3   02/18/2022  HollyFrontier      (G) Component of        (G) Alkanes, branched
                                                Corporation.       gasoline.               and linear.
P-22-0017A...........          2   02/01/2022  Sasol Chemicals    (S) Paraffin wax        (S) 1-Eicosanol,
                                                (USA), LLC.        substitute for          manuf. of, distn.,
                                                                   candles, Alkylate for   residues.
                                                                   polymer esters.
P-22-0036............          2   02/07/2022  Torrecid USA, LLC  (S) coloring agent,     (S) chromium iron
                                                                   pigment for master      manganese oxide.
                                                                   batch.
P-22-0037............          1   02/03/2022  Allnex USA, Inc..  (S) Additol XL 186 is   (G) Polyphosphoric
                                                                   a specific, high        acids, esters with
                                                                   efficiency additive     heteromonocycle
                                                                   which improves the      homopolymer.
                                                                   adhesion to metal,
                                                                   especially under
                                                                   humid conditions.
P-22-0039............          2   02/25/2022  CBI..............  (S) Colorant for        (G) Poly(oxy-1,2-
                                                                   agricultural            ethanediyl),alpha,alp
                                                                   applications.           ha'-[[[4-(4-alkyl
                                                                                heteroaryl)ene]aryl]i
                                                                                mino]di-2,1-
                                                                                ethanediyl]bis[omega-
                                                                                hydroxy-].
P-22-0040............          1   02/07/2022  CBI..............  (G) Component used in   (S) Manganate(4-),
                                                                   manufacture of high     hexakis(cyano-
                                                                   performance batteries.  .kappa.C)-, manganese
                                                                                (2+) sodium, (OC-6-
                                                                                11)-.
P-22-0041............          1   02/07/2022  CBI..............  (G) A component used    (S) Ferrate (-4),
                                                                   in the manufacture of   hexakis(cyano-
                                                                   batteries.              .kappa.C)-, iron(3+)
                                                                                manganese(2+) sodium,
                                                                                (OC-6-11)-.
P-22-0042............          1   02/09/2022  CBI..............  (G) Photolithography..  (G) Alkanedione,
                                                                                [[[(substituted)aryl]
                                                                                thio]aryl]-, 2-(O-
                                                                                acetyloxime).
P-22-0044............          1   02/15/2022  CBI..............  (G) Site Limited        (G) Silica gel,
                                                                   Intermediate.           reaction products
                                                                                with alkyl metal
                                                                                salt.
P-22-0045............          1   02/15/2022  AkzoNobel........  (G) Polymer used in     (G) Fatty acids,
                                                                   the manufacture of      polymer with modified
                                                                   paint.                  benzofuran-1,3-dione,
                                                                                pentaerythritol and
                                                                                aromatic acid
                                                                                anhydride.
P-22-0047............          2   02/25/2022  CBI..............  (G) Epoxy additive....  (G) Alkyl substituted
                                                                                carbopolycyclic acids
                                                                                and heteromonocyclic
                                                                                esters.
P-22-0048............          2   02/24/2022  Ashland, Inc.....  (S) Intermediate in     (G) halogenated
                                                                   film.                   dodecyl-acetylen.
SN-22-0001A..........          2   01/28/2022  CBI..............  (G) Component in        (S) Ethanol, 2,2',2''-
                                                                   polishing formulation.  nitrilotris-, compd.
                                                                                with .alpha.-[2,4,6-
                                                                                tris(1-
                                                                                phenylethyl)phenyl]-
                                                                                .omega.-
                                                                                hydroxypoly(oxy-1,2-
                                                                                ethanediyl)
                                                                                phosphate.
----------------------------------------------------------------------------------------------------------------
* The term `Approved' indicates that a submission has passed a quick initial screen ensuring all required
  information and documents have been provided with the submission prior to the start of the 90 day review
  period, and in no way reflects the final status of a complete submission review.

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

                             Table II--NOCs Approved * From 02/01/2022 to 02/28/2022
----------------------------------------------------------------------------------------------------------------
                                                                   If amendment,
           Case No.              Received date    Commencement        type of            Chemical substance
                                                      date           amendment
----------------------------------------------------------------------------------------------------------------
J-22-0001.....................      02/22/2022        02/15/2022               N   (G) Chromosomally-modified
                                                                                saccharomyces cerevisiae.
J-22-0002.....................      02/22/2022        01/31/2022               N   (G) Chromosomally-modified
                                                                                saccharomyces cerevisiae.
P-15-0694.....................      02/24/2022        02/21/2022               N   (S) Phenol, polymer with
                                                                                formaldehyde, glycidyl
                                                                                ether, polymers with 1,3-
                                                                                benzenedimethanamine,
                                                                                reaction products with 2-
                                                                                [(c12-14-
                                                                                alkyloxy)methyl]oxirane.
P-17-0198.....................      02/22/2022        02/07/2022               N   (S) Neodymium, chloro et
                                                                                hydro iso-bu neodecanoate
                                                                                polybutadiene aluminum
                                                                                complexes.
P-18-0170.....................      02/23/2022        02/23/2022               N   (S) 1-propanaminium, n,n'-
                                                                                (oxydi-2,1-ethanediyl)bis[3-
                                                                                chloro-2-hydroxy-n,n-
                                                                                dimethyl-, dichloride.
P-19-0010.....................      01/31/2022        01/27/2022               N   (G) Hydrogenated fatty acid
                                                                                dimers, polymers with 1,1'-
                                                                                methylenebis[4-
                                                                                isocyanatobenzene],
                                                                                polypropylene glycol,
                                                                                polypropylene glycol ether
                                                                                with trimethylolpropane
                                                                                (3:1), and 1,3-propanediol,
                                                                                propylene glycol
                                                                                monomethacrylate-blocked.
P-19-0052.....................      02/03/2022        06/03/2020               N   (S) Poly(oxy-1,2-ethanediyl),
                                                                                alpha-nonyl-omega-hydroxy-,
                                                                                branched and linear.
P-19-0158.....................      02/15/2022        02/08/2022               N   (G) Alkenoic acid polymer
                                                                                with 2-ethyl-2-
                                                                                (hdroxymethyl)-1,3-
                                                                                alkyldiol, 1,1'-
                                                                                methylenebis(4-
                                                                                isocyantocarbomonocycle) and
                                                                                3-methyl-1,5-aklydiol.
P-21-0005.....................      02/11/2022        01/20/2022               N   (G) Carbonmonocyclic alkene
                                                                                polymer with alkyl
                                                                                alkenoate, alkyl alkenoate,
                                                                                alkyl alkenoate and
                                                                                polyalkyldiene alkenoate.
P-21-0094.....................      02/08/2022        01/22/2022               N   (G) Silane, halogenated.
P-21-0135.....................      02/09/2022        02/06/2022               N   (G) Alkenoic acid, allyl-,
                                                                                (dialkylamino)alkyl ester,
                                                                                polymer with dialkyl-
                                                                                alkylene-
                                                                                alkanediyl)bis[carbomoncycle
                                                                                ], alkylalkyl alkyl-
                                                                                alkenoate and alkanediol
                                                                                mono(2-alkyl-alkenoate),
                                                                                diazenediyl)bis[2-
                                                                                alkylalkanenitrile]-
                                                                                initiated.
P-21-0186.....................      02/09/2022        01/18/2022               N   (G) Glycerin, alkoxylated
                                                                                alkyl acid esters.
----------------------------------------------------------------------------------------------------------------
* The term `Approved' indicates that a submission has passed a quick initial screen ensuring all required
  information and documents have been provided with the submission.

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

   Table III--Test Information Received From 02/01/2022 to 02/28/2022
------------------------------------------------------------------------
                                         Type of test        Chemical
       Case No.         Received date     information       substance
------------------------------------------------------------------------
J-21-0020............      02/09/2022  Complete vector   (G) Sulfolobus
                                        sequence with     solfataricus-
                                        annotations in    strain cb1.
                                        FASTA format.
P-13-0021............      02/23/2022  Hexafor 6240      (G)
                                        polymer method    Perfluoroacryl
                                        validation of     ate polymer.
                                        TOP assay.
P-16-0289............      02/17/2022  Particle size     (G) Benzene
                                        distribution      dicarboxylic
                                        analysis.         acid, polymer
                                                          with alkane
                                                          dioic acid and
                                                          aliphatic
                                                          diamine.
P-16-0543............      02/16/2022  Exposure          (G)
                                        monitoring        Halogenophosph
                                        report.           oric acid
                                                          metal salt.
P-21-0176............      02/23/2022  Skin              (G) Alkane
                                        Sensitization     dioic acid,
                                        (OECD Test        bis (poly
                                        Guideline 406).   aromatic
                                                          triazine)
                                                          alkanoic ether
                                                          phenoxy ester.
------------------------------------------------------------------------

    If you are interested in information that is not included in these
tables, you may contact EPA's technical information contact or general
information contact as described under FOR FURTHER INFORMATION CONTACT
to access additional non-CBI information that may be available.
    Authority: 15 U.S.C. 2601 et seq.

    Dated: March 14, 2022.
Pamela Myrick,
Director, Project Management and Operations Division, Office of
Pollution Prevention and Toxics.
[FR Doc. 2022-05656 Filed 3-16-22; 8:45 am]
BILLING CODE 6560-50-P