[Federal Register Volume 77, Number 187 (Wednesday, September 26, 2012)]
[Notices]
[Page 59226]
[FR Doc No: 2012-23762]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission Investor Advisory Committee will hold a meeting
on Friday, September 28, 2012, in Multi-Purpose Room LL-006 at the
Commission's headquarters, 100 F Street NE., Washington, DC. The
meeting will begin at 10:00 a.m. (EDT) and will be open to the public.
Seating will be on a first-come, first-served basis. Doors will open at
9:30 a.m. Visitors will be subject to security checks. The meeting will
be Webcast on the Commission's Web site at www.sec.gov.
    On September 7, 2012, the Commission issued notice of the Committee
meeting (Release No. 33-9358), indicating that the meeting is open to
the public and inviting the public to submit written comments to the
Committee. This Sunshine Act notice is being issued because a quorum of
the Commission may attend the meeting.
    The agenda for the meeting includes introductory remarks from
Commissioners; introductory remarks from Committee officers; and
reports from the four Investor Advisory Committee subcommittees (the
Investor as Owner subcommittee, the Investor as Purchaser subcommittee,
the Investor Education subcommittee, and the Market Structure
subcommittee).
    For further information, please contact the Office of the Secretary
at<PHONE_NUMBER>.

    Dated: September 21, 2012.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-23762 Filed 9-24-12; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 229 (Wednesday, November 28, 2012)]
[Notices]
[Page 70998]
[FR Doc No: 2012-28725]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0061; FRL-9363-9]

Azinphos-Methyl; Product Cancellation Order and Amendments To
Terminate Uses; Amendment to Existing Stocks Provision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA issued a notice in the Federal Register of February 20,
2008 concerning the cancellation of products containing azinphos-methyl
(AZM). EPA corrected typographical errors to the cancellation order in
the March 26, 2008 issue of the Federal Register. In the cancellation
order, all sale, distribution, and use of products containing AZM was
prohibited after September 30, 2012. However, due to unusual weather
conditions in 2012 that prevented certain crops from developing, many
growers were left with unused stocks of AZM. For this reason, on August
29, 2012, EPA amended the existing stocks provisions for only the use
of AZM on apples, blueberries, cherries (tart and sweet), parsley, and
pears to allow growers to use existing stocks of AZM in their
possession for another year, through September 30, 2013. In this
notice, EPA is publishing the August 29, 2012 amendment to the existing
stocks provision of the cancellation order.

FOR FURTHER INFORMATION CONTACT: Tom Myers, Pesticide Re-evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    The Agency included in the notice a list of those who may be
potentially affected by 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-OPP-2005-2005-0061, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution
Ave. NW., Washington, DC 20460-0001. 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 OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

II. What are the terms of the amended cancellation order?

    On August 29, 2012, EPA amended the existing stocks provision of
the cancellation order of February 20, 2008, (73 FR 9328), (FRL-8349-
8), as corrected on March 26, 2008, (73 FR 16006), (FRL-8355-1) to
provide growers with an additional year to use existing stocks of AZM.
All the required mitigation measures now reflected on AZM labeling will
remain in effect during this use. Distribution or sale of AZM after
September 30, 2012, remains prohibited as provided in the February 20,
2008, cancellation order.
    The specific terms of the August 29, 2012, existing stocks
amendment are as follows:
    EPA hereby modifies the cancellation order of February 20, 2008 (73
FR 9328, as amended at 73 FR 16006) to permit use of existing stocks of
AZM products until September 30, 2013. Any use of such products must be
in accordance with all terms of the previously approved labeling (other
than the provisions prohibiting use after September 30, 2012). The
distribution and sale provisions of the February 20, 2008 order remain
unchanged and, therefore, any distribution or sale of AZM products is
prohibited after September 30, 2012, except for purposes of proper
disposal, reformulation, or export consistent with FIFRA section 17.

List of Subjects

    Environmental protection, Azinphos-methyl, Pesticides and pests.

    Dated: November 16, 2012.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2012-28725 Filed 11-27-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: December 12, 2005 (Volume 70, Number 237)]
[Notices]
[Page 73466]
[DOCID:fr12de05-61]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-119-000]

National Fuel Gas Supply Corporation; Notice of Tariff Filing

December 6, 2005.
    Take notice that on November 30, 2005, National Fuel Gas Supply
Corporation (National) tendered for filing as part of its FERC Gas
Tariff, Fourth Revised Volume No. 1, Eighty Fourth Revised Sheet No. 9
and Ninth Revised Sheet No. 43 to its FERC Gas Tariff, Fourth Revised
Volume No. 1, with a proposed effective date of January 1, 2006.
    Any person desiring to intervene or to protest this filing 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). 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is 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 docket(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. E5-7219 Filed 12-9-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 52 (Friday, March 17, 2023)]
[Notices]
[Pages 16431-16432]
[FR Doc No: 2023-05417]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-1276-000]

Aron Energy Prepay 22 LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Aron Energy Prepay 22 LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is March 30, 2023.
    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 may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (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. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: March 10, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-05417 Filed 3-16-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: September 8, 2009 (Volume 74, Number 172)]
[Notices]
[Page 46194-46195]
[DOCID:fr08se09-65]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL08-58-002]

Pepco Energy Services, Inc. v. PJM Interconnection, L.L.C.;
Notice of Filing

September 1, 2009.
    Take notice that on August 31, 2009, PJM Interconnection, L.L.C.
filed a refund report in compliance with the Commission's order issued
July 16, 2009, Order on Complaint, 128 FERC 61,051 (2009) (July 16
Order).
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or

protests must be filed on or before the comment date. Anyone filing a
motion to intervene or protest must serve a copy of that document on
the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is 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 docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on September 21, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-21624 Filed 9-4-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 229 (Thursday, November 30, 2023)]
[Rules and Regulations]
[Pages 83507-83508]
[FR Doc No: 2023-26295]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0919]
RIN 1625-AA00

Safety Zone; Gulf of Mexico, Lower Mississippi River Below Head
of Passes

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Lower Mississippi River below Head of
Passes. The safety zone is needed to protect persons and critical
infrastructure from the potential contamination due to an oil spill in
the Gulf of Mexico. Entry of vessels or persons into this zone, or
movement of vessels within this zone is prohibited unless specifically
authorized by the Captain of the Port or a designated representative.

DATES: This rule is effective without actual notice from November 30,
2023 through December 17, 2023. For the purposes of enforcement, actual
notification will be used from 5 p.m. on November 17, 2023, until
November 30, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
USCG-2023-0919 in the search box and click ``Search.'' Next, in the
Document Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander William Stewart, Sector New Orleans,
U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because an oil spill happened 2 days ago, and
immediate action is needed to respond to the potential safety impacts
associated with oil contamination. It is impracticable to publish NPRM
because we must establish this safety zone immediately.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with oil spill.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector New Orleans (COTP) has determined
that potential hazards associated with contamination due to oil spill
which happened 2 days ago, will be a safety concern to all persons and
critical infrastructure within the Captain of the Port Sector New
Orleans area.

IV. Discussion of the Rule

    This rule establishes a safety zone from 5 p.m. on November 17,
2023 through December 17, 2023. The safety zone will cover all
navigable waters of Lower Mississippi River below Head of Passes. The
duration of the zone is intended to protect persons and critical
infrastructure from the potential contamination due to oil spill in the
Gulf of Mexico. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
    This regulatory action determination is based on duration of rule.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-

888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate
against small entities that question or complain about this rule or any
policy or action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect 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. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal Government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves an
emergency safety zone that will prohibit entry to Lower Mississippi
River below Head of Passes. It is categorically excluded from further
review under paragraph L60d of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination will be available in the docket after
issuance or publication of this rule. For instructions on locating the
docket, see the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T08-0919 to read as follows:

Sec.  165.T08-0919  Safety Zone; Gulf of Mexico, Lower Mississippi
River below Head of Passes.

    (a) Location. The following area is a safety zone: all navigable
waters of Lower Mississippi River below Head of Passes.
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector New Orleans (COTP) in the enforcement of the
safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative via VHF-FM Channel 16 or 67 or by telephone at (504)
365-2545. Those in the safety zone must comply with all lawful orders
or directions given to them by the COTP or the COTP's designated
representative.
    (d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
safety zone through Broadcast Notices to Mariners (BNMs), Local Notices
to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs)
as appropriate.
    (e) Enforcement period. This section will be subject to enforcement
from 5 p.m. on November 17, 2023, through December 17, 2023. It will be
subject to enforcement this entire period unless the COTP determines it
is no longer needed, in which case the Coast Guard will inform mariners
via Notice to Mariners.

    Dated: November 17, 2023.
K.K. Denning,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2023-26295 Filed 11-29-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 199 (Wednesday, October 14, 2020)]
[Notices]
[Pages 65105-65107]
[FR Doc No: 2020-22707]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90124; File No. SR-PEARL-2020-20]

Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Extend the
Pilot Related to the Market-Wide Circuit Breaker in Exchange Rule 2622

October 8, 2020.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on October 6, 2020, MIAX PEARL, LLC (``MIAX
PEARL'' or the ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') a 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to extend the pilot related to
the market-wide circuit breaker mechanism in Rule 2622.
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/pearl at MIAX
PEARL'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 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
    Rule 2622 provides a methodology for determining when to halt
trading in all stocks due to extraordinary market volatility (i.e.,
market-wide circuit breakers). The market-wide circuit breaker
(``MWCB'') mechanism was approved by the Commission to operate on a
pilot basis set to expire on at the close of business on October 18,
2020.\3\ The Exchange now proposes to amend Rule 2622 to extend the
pilot to the close of business on October 18, 2021. This filing does
not propose any substantive or additional changes to Rule 2622.
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    \3\ See Securities Exchange Act Release No. 89563 (August 14,
2020), 85 FR 51510 (August 20, 2020) (SR-PEARL-2020-03) (``Equities
Approval Order'').
---------------------------------------------------------------------------

    The MWCB mechanism under Rule 2622 provides an important, automatic
mechanism that is invoked to promote stability and investor confidence
during a period of significant stress when securities markets
experience extreme broad-based declines. All U.S. equity exchanges and
FINRA adopted uniform rules on a pilot basis relating to MWCBs in 2012
(``MWCB Rules''), which are designed to slow the effects of extreme
price movement through coordinated trading halts across securities
markets when severe price declines reach levels that may exhaust market
liquidity.\4\ MWCBs provide for trading halts in all equities and
options markets during a severe market decline as measured by a single-
day decline in the S&P 500 Index.
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    \4\ See Securities Exchange Act Release No. 67090 (May 31,
2012), 77 FR 33531 (June 6, 2012) (SR-BATS-2011-038; SR-BYX-2011-
025; SR-BX-2011-068; SR-CBOE-2011-087; SR-C2-2011-024; SR-CHX-2011-
30; SR-EDGA-2011-31; SR-EDGX-2011-30; SR-FINRA-2011-054; SR-ISE-
2011-61; SR-NASDAQ-2011-131; SR-NSX-2011-11; SR-NYSE-2011-48; SR-
NYSEAmex-2011-73; SR-NYSEArca-2011-68; SR-Phlx-2011-129) (``MWCB
Approval Order'').
---------------------------------------------------------------------------

    Pursuant to Rule 2622, a market-wide trading halt will be triggered
if the S&P 500 Index declines in price by specified percentages from
the prior day's closing price of that index. Currently, the triggers
are set at three circuit breaker thresholds: 7% (Level 1), 13% (Level
2), and 20% (Level 3). A market decline that triggers a Level 1 or
Level 2 halt after 9:30 a.m. ET and before 3:25 p.m. ET would halt
market-wide trading for 15 minutes, while a similar market decline at
or after 3:25 p.m. ET would not halt market-wide trading. A market
decline that triggers a Level 3 halt, at any time during the trading
day, would halt market-wide trading for the remainder of the trading
day.
    Since the MWCB pilot was last extended in October 2019, the MWCB
mechanism has proven itself to be an effective tool for protecting
markets through turbulent times. In the Spring of 2020, at the outset
of the worldwide COVID-19 pandemic, U.S. equities markets experienced
four MWCB Level 1 halts, on March 9, 12, 16, and 18, 2020. In each
instance, the markets halted as intended upon a 7% drop in the S&P 500
Index, and resumed as intended 15 minutes later.
    In response to these events, the previously-convened MWCB Taskforce
(``Taskforce'') reviewed the March 2020 halts and considered whether
any immediate changes to the MWCB mechanism should be made. The
Taskforce, consisting of representatives from equities exchanges,
futures exchanges, FINRA, broker-dealers, and other market
participants, had been assembled in early 2020 to consider more
generally potential changes to the MWCB mechanism. The Taskforce held
ten meetings in the Spring and Summer of 2020 that were attended by
Commission staff to consider, among other things: (1) Whether to retain
the S&P 500 Index as the standard for measuring market declines; (2)
whether halts that occur shortly after the 9:30 a.m. market open cause
more harm than good; and (3) what additional testing of the MWCB
mechanism should be done.
    After considering data and anecdotal reports of market
participants' experiences during the March 2020 MWCB events, the
Taskforce did not recommend immediate changes be made to the use of the
S&P 500 Index as the reference price against which market declines are
measured, or to the current MWCB mechanism which permits halts even
shortly after the 9:30 a.m. market open. The Taskforce recommended
creating a process for a backup reference price in the event that the
S&P 500 Index becomes unavailable, and enhancing functional MWCB
testing. The Taskforce also asked CME to consider modifying its rules
to enter into a limit-down state in the futures pre-market after a 7%
decline instead of 5%.
    On September 17, 2020, the Director of the Division of Trading and
Markets requested that the equities exchanges and FINRA prepare a more
complete study of the design and operation of the MWCB mechanism and
the LULD Plan during the period of volatility in the Spring of 2020.
Based on the results of that study, the Exchange expects to work with
the Commission, FINRA, the other exchanges, and market participants to
determine if any additional changes to the MWCB mechanism should be
made, including consideration of rules and procedures for the periodic
testing of the MWCB mechanism with industry participants.
    In addition to the work of the Taskforce, the equities exchanges
also moved forward in 2019 and 2020 with a plan to normalize their Day
2 opening procedures after a Level 3 MWCB halt, such that all exchanges
would reopen on Day 2 with a standard opening auction. Rule 2622
reflects this change.\5\
---------------------------------------------------------------------------

    \5\ See Equities Approval Order supra note 3. See also Amendment
No. 1 to SR-PEARL-2020-03 available at https://www.sec.gov/comments/sr-pearl-2020-03/srpearl202003-7168815-216600a.pdf.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\6\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\7\ in particular, in that it is 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.
The MWCB mechanism under Rule 2622 is an important, automatic mechanism
that is invoked to promote stability and investor confidence during a
period of significant stress when securities markets experience extreme
broad-based declines. Extending the MWCB pilot for an additional year
would ensure the continued, uninterrupted operation of a consistent
mechanism to halt trading across the U.S. markets while the Exchange
and the other SROs study the design and operation of the MWCB mechanism
and the LULD Plan during the period of volatility in the Spring of
2020. Based on the results of that study, the Exchange expects to work
with the Commission, FINRA, the other exchanges, and market
participants to determine if any additional changes to the MWCB
mechanism should be made, including consideration of rules and
procedures for the periodic testing of the MWCB mechanism with industry
participants.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange also believes that the proposed rule change promotes
just and equitable principles of trade in that it promotes transparency
and uniformity across markets concerning when and how to halt trading
in all stocks as a result of extraordinary market volatility. Based on
the foregoing, the Exchange believes the benefits to market
participants from the MWCB under Rule

2622 should continue on a pilot basis because the MWCB will promote
fair and orderly markets, and protect investors and the public
interest.

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 because the proposal would
ensure the continued, uninterrupted operation of a consistent mechanism
to halt trading across the U.S. markets while the Exchange and the
other SROs study the design and operation of the MWCB mechanism and the
LULD Plan during the period of volatility in the Spring of 2020.
    Further, the Exchange understands that FINRA and other national
securities exchanges will file proposals to extend their rules
regarding the MWCB pilot. Thus, the proposed rule change will help to
ensure consistency across market centers without implicating any
competitive issues.

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.

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

    The Exchange has designated this rule filing as non-controversial
under Section 19(b)(3)(A) \8\ of the Act and Rule 19b-4(f)(6) \9\
thereunder. 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 for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ In addition, Rule 19b-4(f)(6)(iii) requires the Exchange 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
filing of the proposed rule change, or such shorter time as
designated by the Commission. The Commission has waived this
requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \11\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\12\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative upon filing. Extending the pilot for an additional
year will allow the uninterrupted operation of the existing pilot while
the Exchange, FINRA, and the other exchanges conduct a study of the
MWCB mechanism in consultation with market participants and determine
if any additional changes to the MWCB mechanism should be made,
including consideration of rules and procedures for the periodic
testing of the MWCB mechanism with industry participants. Therefore,
the Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest.
The Commission hereby designates the proposed rule change to be
operative upon filing.\13\
---------------------------------------------------------------------------

    \11\ Id.
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-PEARL-2020-20 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-PEARL-2020-20. 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 (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549-1090, on official business days between the hours of 10:00 a.m.
and 3:00 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly.
    All submissions should refer to File Number SR-PEARL-2020-20 and
should be submitted on or before November 4, 2020.
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-22707 Filed 10-13-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: September 3, 2010 (Volume 75, Number 171)]
[Rules and Regulations]
[Page 54033-54040]
[DOCID:fr03se10-17]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2009-0910; FRL-8842-7]

Thiabendazole; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes tolerances for residues of
thiabendazole, and its metabolites, benzimidazole (free and
conjugated), [2-(4-thiazolyl) benzimidazole], in or on corn. Syngenta
Crop Protection requested these tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective September 3, 2010. Objections and
requests for hearings must be received on or before November 2, 2010,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2009-0910. All documents in the
docket are listed in the docket index available at http://
www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are

available in the electronic docket at http://www.regulations.gov, or,
if only available in hard copy, at the OPP Regulatory Public Docket in
Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr.,
Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The Docket Facility
telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Janet Whitehurst, Office of Pesticide
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to those
engaged in the following activities:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather to
provide a guide for readers regarding entities likely to be affected by
this action. Other types of entities not listed in this unit could also
be affected. The North American Industrial Classification System
(NAICS) codes have been provided to assist you and others in
determining whether this action might apply to certain entities. If you
have any questions regarding the applicability of this action to a
particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.

B. How Can I Get Electronic Access to Other Related Information?

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Printing Office's e-CFR site at http://www.gpoaccess.gov/ecfr.

C. How Can I File an Objection or Hearing Request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2009-0910 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
November 2, 2010. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket. Information not marked confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA without prior notice. Submit a copy of
your non-CBI objection or hearing request, identified by docket ID
number EPA-HQ-OPP-2009-0910, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of June 6, 2010 (75 FR 35804) (FRL-8831-3),
EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21 U.S.C.
346a(d)(3), announcing the filing of a pesticide petition (PP 0F7730)
by Syngenta Crop Science. The petition requested that 40 CFR 180.242 be
amended by establishing tolerances for residues of the fungicide
thiabendazole, and its metabolites, benzimidazole (free and
conjugated), [2-(4-thiazolyl) benzimidazole], in or on corn grain and
other corn commodities at 0.01 parts per million (ppm). That notice
referenced a summary of the petition prepared by Syngenta Crop
Protection, the registrant, which is available in the docket, http://
www.regulations.gov. There were no comments received in response to the
notice of filing.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Consistent with section 408(b)(2)(D) of FFDCA, and the factors
specified in section 408(b)(2)(D) of FFDCA, EPA has reviewed the
available scientific data and other relevant information in support of
this action. EPA has sufficient data to assess the hazards of and to
make a determination on aggregate exposure for thiabendazole including
exposure resulting from the tolerances established by this action.
EPA's assessment of exposures and risks associated with thiabendazole
follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children.
    The target organs for thiabendazole toxicity are the liver and
thyroid. Effects to these organs were observed in multiple studies and
across species. Thiabendazole causes thyroid tumors in male rats
through an established non-linear mode of action involving perturbation
of thyroid hormone synthesis. Accordingly, thiabendazole is classified
as ``not likely to be carcinogenic to humans at doses that do not alter
rat thyroid hormone homeostasis.'' There is no evidence of
neurotoxicity in the existing database,

and in developmental and reproductive studies, effects to offspring are
observed only at doses toxic to the parents. There are no effects seen
in the toxicity database that would be attributable to a single
exposure of thiabendazole. The Agency is regulating chronic dietary
risk with a chronic RfD at a dose below which thyroid hormone balance
is not impacted and consequently is protective of potential
carcinogenic effects.
    Specific information on the studies received and the nature of the
adverse effects caused by thiabendazole as well as the no-observed-
adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-
level (LOAEL) from the toxicity studies can be found at http://
www.regulations.gov in the document entitled ``Thiabendazole Human
Health Risk Assessment for Seed Treatment Use on Corn,'' pages 6-11 in
docket ID number EPA-HQ-OPP-2007-0546.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA
identifies toxicological points of departure (POD) and levels of
concern to use in evaluating the risk posed by human exposure to the
pesticide. For hazards that have a threshold below which there is no
appreciable risk, the toxicological POD is used as the basis for
derivation of reference values for risk assessment. PODs are developed
based on a careful analysis of the doses in each toxicological study to
determine the dose at which no adverse effects are observed (the NOAEL)
and the lowest dose at which adverse effects of concern are identified
(the LOAEL). Uncertainty/safety factors are used in conjunction with
the POD to calculate a safe exposure level--generally referred to as a
population-adjusted dose (PAD) or a reference dose (RfD), and a safe
margin of exposure (MOE). For non-threshold risks, the Agency assumes
that any amount of exposure will lead to some degree of risk. Thus, the
Agency estimates risk in terms of the probability of an occurrence of
the adverse effect expected in a lifetime. For more information on the
general principles EPA uses in risk characterization and a complete
description of the risk assessment process, see http://www.epa.gov/
pesticides/factsheets/riskassess.htm.
    A summary of the toxicological endpoints for thiabendazole used for
human risk assessment is shown in the following Table 1.

     Table 1.--Summary of Toxicological Doses and Endpoints for Thiazbendazole for Use in Human Health Risk
                                                   Assessment
----------------------------------------------------------------------------------------------------------------
                                                                           Level of Concern        Study and
        Exposure/Scenario         Point of Departure   Uncertainty/FQPA        for Risk          Toxicological
                                                            Factors           Assessment            Effects
----------------------------------------------------------------------------------------------------------------
Acute dietary (general                No effect attributable to a single dose seen in the
 population including females 13-                           database
 49 years)
----------------------------------------------------------------------------------------------------------------
Chronic dietary                   NOAEL = 10 mg/kg/   UFA = 3x            cRfD = 0.033 mg/kg/ 2-Year Feed/
                                   day                UFH = 10x.........   day                 Chronic
                                                      FQPA = UFDB = 10x.  cPAD = 0.033 mg/kg/  Carcinogenicity
                                                                           day.                in the Rat
                                                                                LOAEL = 30 mg/kg/
                                                                                day based on
                                                                                decreased body
                                                                                weight gains and
                                                                                histopathological
                                                                                changes in liver
                                                                                and thyroid
----------------------------------------------------------------------------------------------------------------
Incidental oral (ST/IT)           NOAEL = 10 mg/kg/   UFA = 3x            LOC for MOE = 300   Subchronic oral
                                   day                UFH = 10x.........                       toxicity study -
                                                      FQPA = UFDB = 10x.                       rat
                                                                                LOAEL = 40 mg/kg/
                                                                                day based on
                                                                                reduced body
                                                                                weight gains and
                                                                                histopathological
                                                                                changes in the
                                                                                bone marrow,
                                                                                liver and thyroid
Dermal short-term (1-30 days)     NOAEL= 10 mg/kg/    UFA = 3x            Occupational and    Subchronic oral
 DAF = 0.5%                        day                UFH = 10..........   residential LOC     toxicity study -
                                                      FQPA = UFDB = 10x.   for MOE = 300       rat
                                                                                LOAEL = 40 mg/kg/
                                                                                day based on
                                                                                reduced body
                                                                                weight gains and
                                                                                histopathological
                                                                                changes in the
                                                                                bone marrow,
                                                                                liver and thyroid
Inhalation short-term (1-30       NOAEL = 10 mg/kg/   UFA = 3x            Occupational LOC    Subchronic oral
 days)                             day                UFH =10x..........   for MOE = 300       toxicity study -
                                                      FQPA = UFDB = 10x.                       rat
                                                                                LOAEL = 40 mg/kg/
                                                                                day based on
                                                                                reduced body
                                                                                weight gains and
                                                                                histopathological
                                                                                changes in the
                                                                                bone marrow,
                                                                                liver and thyroid

Dermal intermediate-term (1-6     NOAEL = 10 mg/kg/   UFA = 3x            Occupational LOC    Subchronic oral
 mos) DAF = 0.5%*                  day                UFH = 10x.........   for MOE = 300       toxicity study -
                                                      FQPA = UFDB = 10x.                       rat
                                                                                LOAEL = 40 mg/kg/
                                                                                day based on
                                                                                reduced body
                                                                                weight gains and
                                                                                histopathological
                                                                                changes in the
                                                                                bone marrow,
                                                                                liver and thyroid
Inhalation intermediate-term (1-  NOAEL = 10 mg/kg/   UFA = 3x            Occupational LOC    Subchronic oral
 6 mos)                            day                UFH = 10x.........   for MOE = 300       toxicity study -
                                                      FQPA = UFDB = 10x.                       rat
                                                                                LOAEL = 40 mg/kg/
                                                                                day based on
                                                                                reduced body
                                                                                weight gains and
                                                                                histopathological
                                                                                changes in the
                                                                                bone marrow,
                                                                                liver and thyroid
Cancer (all routes)               Not likely to be carcinogenic to humans at doses that do not alter rat thyroid
                                                                hormone homeostasis
----------------------------------------------------------------------------------------------------------------
 UFA = extrapolation from animal to human (interspecies).
UFH = potential variation in sensitivity among members of the human population (intraspecies).
UFDB = to account for the absence of data or other data deficiency.
FQPA SF = Food Quality Protection Act Safety Factor.
PAD = population adjusted dose (a = acute, c = chronic).
RfD = reference dose. MOE = margin of exposure.
LOC = level of concern.

    The overall composite uncertainty factor for assessing
thiabendazole risk is 300X. That is based on a 10X for intraspecies
variability among humans, 3X for interspecies pharmacokinetic
differences between humans and rats, and 10X for FQPA safety factor for
database uncertainty. The 3X interspecies factor was chosen because the
endpoint used for the Point of Departure is a thyroid effect and adult
rats are known to be more sensitive pharmacodynamically to thyroid
toxicants than humans. Focusing on the thyroid effects will produce the
most protective PAD despite the fact that a reduced interspecies factor
is appropriate as to this effect.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to thiabendazole, EPA considered exposure under the
petitioned-for tolerances as well as all existing thiabendazole
tolerances in 40 CFR 180.242. EPA assessed dietary exposures from
thiabendazole in food as follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a 1-day or single exposure. No such effects were
identified in the toxicological studies for thiabendazole; therefore, a
quantitative acute dietary exposure assessment is unnecessary.
    ii. Chronic exposure. Thiabendazole chronic dietary exposure
assessments were conducted using the DEEM-FCID\TM\ (ver. 2.03) which
incorporates consumption data from the United States Department of
Agriculture (USDA) Continuing Survey of Food Intake by Individuals
(CSFII) (1994-1996 and 1998). In estimating residue levels on food, EPA
assumed residues in corn were at tolerances levels. For other
commodities, EPA estimated residue levels based on residue monitoring
data. EPA also used percent crop treated (PCT) data on some
commodities.
    iii. Anticipated residue and PCT information. Section 408(b)(2)(E)
of FFDCA authorizes EPA to use available data and information on the
anticipated residue levels of pesticide residues in food and the actual
levels of pesticide residues that have been measured in food. If EPA
relies on such information, EPA must require pursuant to FFDCA section
408(f)(1) that data be provided 5 years after the tolerance is
established, modified, or left in effect, demonstrating that the levels
in food are not above the levels anticipated. For the present action,
EPA will issue such data call-ins as are required by FFDCA section
408(b)(2)(E) and authorized under FFDCA section 408(f)(1). Data will be
required to be submitted no later than 5 years from the date of
issuance of these tolerances.
    Section 408(b)(2)(F) of FFDCA states that the Agency may use data
on the actual percent of food treated for assessing chronic dietary
risk only if:
     Condition a: The data used are reliable and provide a
valid basis to show what percentage of the food derived from such crop
is likely to contain the pesticide residue.
     Condition b: The exposure estimate does not underestimate
exposure for any significant subpopulation group.
     Condition c: Data are available on pesticide use and food
consumption in a particular area, the exposure estimate does not
understate exposure for the population in such area.
    In addition, the Agency must provide for periodic evaluation of any
estimates used. To provide for the periodic evaluation of the estimate
of PCT as required by FFDCA section 408(b)(2)(F), EPA may require
registrants to submit data on PCT.
    The following PCT were used in the assessment:
     Apple 30%.
     Orange 20%.
     Pear 45%.
     Potato 1%.
     Soybeans 1%.
     Strawberry 6.3% imported.
     Sweet potato 1%.
     Wheat 1%.
    In most cases, EPA uses available data from USDA/National
Agricultural

Statistics Service (NASS), proprietary market surveys, and the National
Pesticide Use Database for the chemical/crop combination for the most
recent 6-7 years. EPA uses an average PCT for chronic dietary risk
analysis. The average PCT figure for each existing use is derived by
combining available public and private market survey data for that use,
averaging across all observations, and rounding to the nearest 5%,
except for those situations in which the average PCT is less than one.
In those cases, 1% is used as the average PCT and 2.5% is used as the
maximum PCT. EPA uses a maximum PCT for acute dietary risk analysis.
The maximum PCT figure is the highest observed maximum value reported
within the recent 6 years of available public and private market survey
data for the existing use and rounded up to the nearest multiple of 5%.
    The Agency believes that the three conditions discussed above have
been met. With respect to Condition a, PCT estimates are derived from
Federal and private market survey data, which are reliable and have a
valid basis. The Agency is reasonably certain that the percentage of
the food treated is not likely to be an underestimation. As to
Conditions b and c, regional consumption information and consumption
information for significant subpopulations is taken into account
through EPA's computer-based model for evaluating the exposure of
significant subpopulations including several regional groups. Use of
this consumption information in EPA's risk assessment process ensures
that EPA's exposure estimate does not understate exposure for any
significant subpopulation group and allows the Agency to be reasonably
certain that no regional population is exposed to residue levels higher
than those estimated by the Agency. Other than the data available
through national food consumption surveys, EPA does not have available
reliable information on the regional consumption of food to which
thiabendazole may be applied in a particular area.
    iv. Cancer. EPA has concluded that thiabendazole does not pose a
cancer risk to humans. Therefore, a dietary exposure assessment for the
purpose of assessing cancer risk is unnecessary.
    2. Dietary exposure from drinking water. The Agency used screening
level water exposure models in the dietary exposure analysis and risk
assessment for thiabendazole drinking water. These simulation models
take into account data on the physical, chemical, and fate/transport
characteristics of thiabendazole. Further information regarding EPA
drinking water models used in pesticide exposure assessment can be
found at http://www.epa.gov/oppefed1/models/water/index.htm.
    A Tier 2 drinking water assessment was conducted for thiabendazole
in surface water and Tier 1 in ground water for the proposed new seed
treatment product on corn. The annual mean concentration of 0.0000048
ppm was used in the chronic dietary exposure analysis. Drinking water
concentrations from ground water sources were estimated, but were lower
than that estimated concentration from surface water, so the estimated
concentration from surface water sources was used in the dietary
exposure analysis.
    3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets).
    Thiabendazole is currently registered for the following uses that
could result in residential exposures: paint and sponges. These
residential uses have been assessed and aggregated with the food and
water exposures. EPA assumed that 5% of the thiabendazole on sponges is
transferred to the surface being wiped (such as counters, tables,
floors) each day. Further information regarding EPA standard
assumptions and generic inputs for residential exposures may be found
at http://www.epa.gov/pesticides/trac/science/trac6a05.pdf.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
     EPA has not found thiabendazole to share a common mechanism of
toxicity with any other substances, and thiabendazole does not appear
to produce a toxic metabolite produced by other substances. For the
purposes of this tolerance action, therefore, EPA has assumed that
thiabendazole does not have a common mechanism of toxicity with other
substances. For information regarding EPA's efforts to determine which
chemicals have a common mechanism of toxicity and to evaluate the
cumulative effects of such chemicals, see EPA's website at http://
www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA
shall apply an additional tenfold (10X) margin of safety for infants
and children in the case of threshold effects to account for prenatal
and postnatal toxicity and the completeness of the database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the FQPA Safety
Factor (SF). In applying this provision, EPA either retains the default
value of 10X, or uses a different additional safety factor when
reliable data available to EPA support the choice of a different
factor.
    2. Prenatal and postnatal sensitivity. In prenatal developmental
toxicity studies in rats, rabbits, and mice and in the 2-generation
reproduction study in rats, effects in the fetuses or neonates occurred
at or above doses that caused maternal or parental toxicity.
    3. Conclusion. EPA is retaining a FQPA factor of 10X based on the
following findings:
    i. The database for thiabendazole is complete except for a
developmental thyroid study and data needed for the new data
requirements including an immunotoxicity study and the neurotoxicity
screening battery. Pending the outcome of the developmental thyroid
toxicity study, there is uncertainty with respect to the effect of
thiabendazole in developing offspring. There is evidence of thyroid
toxicity following subchronic and chronic exposures to rats
characterized as histopathological changes in the thyroid in multiple
studies in rats. Disruption of thyroid homeostasis is the initial,
critical effect that may lead to adverse effects on the developing
nervous system. Thus, the absence of the developmental thyroid study
raises concern whether infants and children are sufficiently protected
from developmental effects. The developmental thyroid toxicity study
will better address this concern than a developmental neurotoxicity
study. The absence of neurotoxicity studies (acute, subchronic, and
developmental) raise relatively low concern because: (1) Thiabendazole
has shown no indication of neurotoxicity in relevant studies, and; (2)
to the extent that thiabendazole's thyroid effects may have
neurological effects on the young, the nature of the thyroid effects
(and the potential for any resulting neurological effects on the young)
will be addressed by the developmental thyroid study. The

absence of the immunotoxicity study raises relatively low concern
because there are no indications in the available studies that organs
associated with immune function, such as the thymus and spleen, are
affected by thiabendazole.
    ii. There is no evidence that thiabendazole results in increased
susceptibility in in utero rats or rabbits in the prenatal
developmental studies or in young rats in the 2-generation reproduction
study.
    iii. There are no residual uncertainties identified in the exposure
databases. The dietary food exposure assessments were performed based
on PCT and anticipated residues primarily from Pesticide Data Program
(PDP) data and some tolerance-level residues. These data are reliable
and will not underestimate the exposure and risk. EPA made conservative
(protective) assumptions in the ground water and surface water modeling
used to assess exposure to thiabendazole in drinking water. EPA used
similarly conservative assumptions to assess postapplication exposure
of children as well as incidental oral exposure of toddlers. These
assessments will not underestimate the exposure and risks posed by
thiabendazole.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide
exposures are safe by comparing aggregate exposure estimates to the
acute population adjusted dose (aPAD) and chronic PAD (cPAD). For
linear cancer risks, EPA calculates the lifetime probability of
acquiring cancer given the estimated aggregate exposure. Short-term,
intermediate-term, and chronic-term risks are evaluated by comparing
the estimated aggregate food, water, and residential exposure to the
appropriate PODs to ensure that an adequate MOE exists.
    1 Acute risk. An acute aggregate risk assessment takes into account
acute exposure estimates from dietary consumption of food and drinking
water. No adverse effect resulting from a single oral exposure was
identified and no acute dietary endpoint was selected. Therefore,
thiabendazole is not expected to pose an acute risk.
    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that chronic exposure to
thiabendazole from food and water will utilize 1.4% of the cPAD
occupied for the U.S. population. The most highly exposed subpopulation
was all infants at 4.6% cPAD.
    3. Short- and intermediate-term risk. Short-term and intermediate-
term aggregate exposure takes into account short-term residential
exposure plus chronic exposure to food and water (considered to be a
background exposure level). To assess short-term and intermediate-term
aggregate risk likely to result from the new and existing thiabendazole
uses, EPA combined average food and water exposures with estimates of
residential exposure for both adult painters and adult females and
small children exposed to surfaces cleaned with treated sponges.
    No risks of concern were seen for adult painters. A potential risk
of concern would be the use of thiabendazole treated sponges, if the
Agency assumes that 100% of the thiabendazole on a treated sponge is
transferred to surfaces each day. It is very unlikely that a sponge
would release all of the thiabendazole used to treat it in a single
day, and the user would use a new sponge every day. Since this is a
very unrealistic assumption, a second aggregate assessment was
conducted assuming that 100% of the thiabendazole on a treated sponge
is transferred to surfaces over 20 days and that each 20 days the user
would use a new sponge. This assumption is still conservative because:
(1) Sponges will generally be used much longer than 20 days; (2) it is
very unlikely that 100% of the thiabendazole would be released from the
sponge in such a short period given that environmental fate data show
thiabendazole to have low water solubility indicating that
thiabendazole will bind strongly to the sponge; and (3) it is very
unlikely that 100% of any released thiabendazole would be transferred
to countertops because this assumption does not account for any
thiabendazole that is washed down the sink or that normally degrades.
With this assumption, none of the aggregate exposures represent risks
of concern, as all MOEs are greater than the target MOE of 300.
    A summary of the short-term and intermediate-term aggregate risk
for thiabendazole used in the human risk assessment is shown in Tables
2 and 3 of this unit.

                Table 2.--Short-Term and Intermediate-Term Aggregate Risk for Residential Painter
----------------------------------------------------------------------------------------------------------------
                                        Average Food and Water   Residential Exposure1   Aggregate MOE (food and
         Population Subgroup             Exposure (mg/kg/day)         (mg/kg/day)             residential)2
----------------------------------------------------------------------------------------------------------------
U.S. Population                                       0.000451                   0.0046                     2000
----------------------------------------------------------------------------------------------------------------
Youth (13-19 yrs)                                     0.000289                   0.0046                     2000
----------------------------------------------------------------------------------------------------------------
Adults (20-49 yrs)                                    0.000308                   0.0046                     2000
----------------------------------------------------------------------------------------------------------------
Adults (50 + yrs)                                     0.000331                   0.0046                     2000
----------------------------------------------------------------------------------------------------------------
Females (13-49 yrs)                                   0.000333                   0.0046                     2000
----------------------------------------------------------------------------------------------------------------
1 Residential Exposure = Dermal exposure + Inhalation Exposure.
2 (Avg Food Aggregate MOE = NOAEL (10 mg/kg/day and Water Exposure + Residential Exposure).

             Table 3.-Short-Term and Intermediate-Term Aggregate Risk Calculations for Sponge Usage
----------------------------------------------------------------------------------------------------------------
                                        Average Food and Water  Residential Exposure\1\  Aggregate MOE (food and
         Population Subgroup             Exposure (mg/kg/day)         (mg/kg/day)            residential)\2\
----------------------------------------------------------------------------------------------------------------
                    Fraction of Thiabendazole Transferred Daily From Sponge to Surface = 100%
----------------------------------------------------------------------------------------------------------------
Children (3-5 yrs)                                    0.001252                     0.08                      120
----------------------------------------------------------------------------------------------------------------
Females (13-49 yrs)                                   0.000333                     0.02                      500
----------------------------------------------------------------------------------------------------------------
                        Fraction of Thiabendazole Transferred From Sponge to Surface = 5%
----------------------------------------------------------------------------------------------------------------
Children (3-5 yrs)                                    0.001252                    0.004                     2300
----------------------------------------------------------------------------------------------------------------
Females (13-49 yrs)                                   0.000333                    0.001                     4500
----------------------------------------------------------------------------------------------------------------
\1\ Residential Exposure = Dermal exposure + Inhalation Exposure.
\2\ Aggregate MOE = NOAEL (10 mg/kg/day) / (Average Food & Water Exposure plus Residential Exposure).

    5. Aggregate cancer risk for U.S. population. Based on the lack of
evidence of carcinogenicity in two adequate rodent carcinogenicity
studies, thiabendazole is not expected to pose a cancer risk to humans.
    6. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, or to infants and children from aggregate
exposure to thiabendazole residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (spectrophotofluorometric, Methods
I, A, B and C) is available to enforce the tolerance expression. In all
of the methods, residues are extracted with ethyl acetate, and the
extracts are purified by washing with dilute NaOH and/or HCl.
    An high-performance liquid chromatography (HPLC) method with
fluorescence detection (FLD) is available for the enforcement of
tolerances for residues of free and conjugated benzimidazole. This
method is listed in the U.S. EPA Index of Residue Analytical Methods
under thiabendazole as Study No. 93020 (MRID 43328302).
    In addition, the analytical method used in this petition may be
used for enforcement. This sample is extracted and hydrolized and
analyzed by liquid chromatography/mass spectrometry (LC/MS/MS). The
method limit of quantation (LOQ) is 0.01 ppm, and the limit of
detection (LOD) is 0.004 ppm. The method was adequately validated using
samples of field corn forage, grain, and stover, and sweet corn forage
and K+CWHR fortified with each analyte at 0.01, 0.05, and 0.1 ppm.
Acceptable concurrent recovery data for the method were also submitted
and achieved.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint U.N. Food and
Agriculture Organization/World Health Organization food standards
program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
     The Codex has not established any MRLs for thiabendazole.

V. Conclusion

    Therefore, tolerances are established for residues of
thiabendazole, and its metabolites, benzimidazole (free and
conjugated), [2-(4-thiazolyl) benzimidazole], in or on corn grain and
other corn commodities at 0.01 ppm.

VI. Statutory and Executive Order Reviews

    This final rule establishes tolerances under section 408(d) of
FFDCA in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Because this final rule has been
exempted from review under Executive Order 12866, this final rule is
not subject to Executive Order 13211, entitled Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997). This final rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any
special considerations under Executive Order 12898, entitled Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under section 408(d) of FFDCA, such as the tolerance in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
67249, November 9, 2000) do not apply

to this final rule. In addition, this final rule does not impose any
enforceable duty or contain any unfunded mandate as described under
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law
104-4).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).

VII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule 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 of this final rule in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: August 20, 2010.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. Section 180.242 is amended by alphabetically adding the following
commodities to the table in paragraph (a)(1) to read as follows:

Sec.  180.242  Thiabendazole; tolerances for residues.

    (a) * * * (1) * * *

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    Revocation
                                                  million        Date
------------------------------------------------------------------------
                                * * * * *
Corn, field, forage...........................         0.01         None
Corn, field, grain............................         0.01         None
Corn, field, stover...........................         0.01         None
Corn, pop, forage.............................         0.01         None
Corn, pop, grain..............................         0.01         None
Corn, pop, stover.............................         0.01         None
Corn, sweet, forage...........................         0.01         None
Corn, sweet, kernels plus cop with husks               0.01         None
 removed......................................
Corn, sweet, stover...........................         0.01         None
                                * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2010-22121 Filed 9-2-10; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register: November 9, 2009 (Volume 74, Number 215)]
[Proposed Rules]
[Page 57622-57623]
[DOCID:fr09no09-20]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0042; FRL-8902-7]

Revisions to the Arizona State Implementation Plan, Maricopa
County Air Quality Department and Maricopa County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve revisions to the Maricopa County
Air Quality Department (MCAQD) and Maricopa County portions of the
Arizona State Implementation Plan (SIP). These revisions concern PM-10
emissions from open outdoor fires and indoor fireplaces at commercial
and institutional establishments, primary and secondary MCAQD ambient
air quality standards, and residential woodburning devices. We are
proposing approval of local rules that regulate these emission sources
under the Clean Air Act as amended in 1990 (CAA or the Act).

DATES: Any comments on this proposal must arrive by December 9, 2009.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2009-0042, by one of the following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow
the on-line instructions.
     E-mail<EMAIL_ADDRESS>     Mail or deliver: Andrew Steckel (Air-4), U.S.
Environmental Protection Agency Region IX, 75 Hawthorne Street, San
Francisco, CA 94105.
    Instructions: All comments 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 Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or e-mail.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send e-mail directly to EPA, your e-mail
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot

contact you for clarification, EPA may not be able to consider your
comment.
    Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region
IX, 75 Hawthorne Street, San Francisco, California. While all documents
in the docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available in either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment
during normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Al Petersen, Rulemaking Office (AIR-
4), U.S. Environmental Protection Agency, Region IX,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This proposal addresses the approval of
local MCAQD Rules 314 and 510 and MC Ordinance P-26. In the Rules and
Regulations section of this Federal Register, we are approving these
local rules in a direct final action without prior proposal because we
believe this SIP revision is not controversial. If we receive adverse
comments, however, we will publish a timely withdrawal of the direct
final rule and address the comments in subsequent action based on this
proposed rule.
    Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
    We do not plan to open a second comment period, so anyone
interested in commenting should do so at this time. If we do not
receive adverse comments, no further activity is planned. For further
information, please see the direct final action.

    Dated: April 13, 2009.
Laura Yoshii,
Acting Regional Administrator, Region IX.

    Editorial Note: This document was received by the Office of the
Federal Register on November 3, 2009.

[FR Doc. E9-26860 Filed 11-6-09; 8:45 am]

BILLING CODE 6560-50-P