[Federal Register: September 16, 2008 (Volume 73, Number 180)]
[Notices]
[Page 53467-53468]
[DOCID:fr16se08-93]

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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 will hold a Closed Meeting on Wednesday,
September 10, 2008, at 5 p.m.
    Commissioners and certain staff members who have an interest in the
matter will attend the Closed Meeting.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion as set forth in 5 U.S.C. 552b(c)(8) and
(9) and 17 CFR 200.402(a)(8) and (9), permit consideration of the
scheduled matter at the Closed Meeting.
    Commissioner Aguilar as duty officer, voted to consider the item
listed for the closed meeting in closed session, and determined that no
earlier notice thereof was possible.
    The subject matter of the Closed Meeting scheduled for Wednesday,
September 10, 2008, will be: A matter related to a financial
institution.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items. For further information and to
ascertain what, if any, matters have been added, deleted or postponed,
please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: September 10, 2008.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-21607 Filed 9-15-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 86, Number 180 (Tuesday, September 21, 2021)]
[Notices]
[Pages 52511-52513]
[FR Doc No: 2021-20326]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92987; File No. SR-BX-2021-038]

Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Incorporate BX
Options 4 Rules By Reference to Nasdaq ISE, LLC Options 4 Rules

September 15, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 3, 2021, Nasdaq BX, Inc. (``BX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I, II, and III, 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.
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    \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 proposes to incorporate the BX Options 4 Rules by
reference to Nasdaq ISE, LLC (``ISE'') Options 4 Rules.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/bx/rules, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The BX Options 4 Listing Rules provide for the options that may be
listed and traded on BX. The Exchange proposes to incorporate the BX
Options 4 Rules by reference to Nasdaq ISE, LLC (``ISE'') Options 4
Rules.
    Currently, the BX Options 4 Rules are very similar to the ISE
Options 4 Rules. The differences between the BX and ISE Options 4 Rules
are non-substantive technical differences.\3\ Other changes are non-
substantive word choice differences.\4\ Finally, certain rules utilize
the phrase ``this Rule'' instead of a citation.\5\ Of note, BX Options
4, Section 3(h) does not list reverse repurchase agreements in the
defined term ``Financial Instruments''. The Exchange proposes to
include ``reverse repurchase agreements'' within the list of securities
deemed appropriate for options trading on BX in order that the Exchange
may list the same products as ISE may list today. Also, BX Options 4,
Section 8(a) should include the words ``and continuity.'' BX's
continuity rules utilize the LEAP term. ISE has this rule text within
its Options 4, Section 8(a).
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    \3\ BX Options 4, Section 2 has an extra ``as''. BX Options 4,
Section 3(a)(1) contains a ``The'' instead of ``the.'' BX Options 4,
Section 3(b) uses the term foregoing'' as compared to ``forgoing''
on ISE. BX Options 4, Section 3(h) defines the term ``NMS stock''
whereas ISE defines the term ``NMS.'' BX Options 4, Section
3(k)(1)(B) has an extra ``this.'' The term ``such'' within BX
Options 4, Section 4(f)(5) is lowercase. BX Options 4, Section 5(a)
has an extra ``by the Exchange.'' BX Options 4, Section 5(b) has a
``the'' and ISE Options 4, Section 5(b) has a ``that.'' Options 4,
Section 5(e) has a lowercase ``rule'' and unlike the same rule in
ISE does not have the registered trademarks. BX Supplementary .01(a)
to Options 4, Section 5 uses ``$50'' instead of ``$50.00,'' has the
term ``option'' instead of ``options,'' spells out ``one hundred
fifty'' and incorrectly uses the term ``LEAPS'' instead of
``LEAPs.'' BX Supplementary .01(b) to Options 4, Section 5 has the
terms ``security'' instead of ``stock'' and ``the'' instead of
``its.'' BX Supplementary .01(d) to Options 4, Section 5 uses the
term ``Strike Program'' instead of ``Strike Price Program;'' uses an
extra ``the''; and phrases the last paragraph as, ``Notwithstanding
the above delisting policy, the Exchange may grant member requests
to add strikes and/or maintain strikes in series of options classes
traded pursuant to the $1 Strike Program that are eligible for
delisting.'' The last paragraph of ISE Supplementary .01(d) to
Options 4, Section 5 states, ``Notwithstanding the above delisting
policy, Member requests to add strikes and/or maintain strikes in
series of options classes traded pursuant to the $1 Strike Price
Interval Program that are eligible for delisting may be granted.''
These differences are non-substantive. BX Supplementary .02(d) to
Options 4, Section 5 has the term ``section'' instead of ``Rule.''
BX Supplementary .03(e) to Options 4, Section 5 has rule in
lowercase. BX Options 4, Section 6(a) uses a different phrase than
ISE Options 4, Section 6(a), ``Select provisions of the OLPP''
versus ``The provisions set forth in this Rule.'' This
aforementioned difference is non-substantive. BX Options 4, Section
6(b)(3) uses the term ``options'' instead of ``option.'' BX Options
4, Section 6(b)(ii)(1) uses the term ``options'' instead of
``option,'' the term ``Strike Program'' instead of ``Strike Price
Interval Program'' and, ``rules'' instead of ``Rules.'' BX Options
4, Section 9 uses the term ``Fund Shares'' instead of ``Exchange-
Traded Fund Shares.''
    \4\ BX Options 4, Section 4(b)(5) should cite to ``Options 4,
Section 3(c)'' instead of ``Options 4, Section 3.'' In addition, BX
Options 4, Section 4(b)(5) has two stray commas. BX Options 4,
Section 4(f) has an extra ``in''. BX Options 4, Section 4(g)(2) has
an extra ``of Options 4'' and two stray commas. BX Options 4,
Section 5(d) incorrectly cites to Section 3(i) instead of Section
3(h). BX Options 4, Section 6(b) incorrectly cites to Section 3(i)
instead of Section 3(h). BX Options 4, Section 6(b)(i) incorrectly
cites to Supplementary Material .03(d) instead of Supplementary
Material .02(d). This paragraph also uses the term ``options''
instead of ``option.'' Options 3, Section 6(b)(ii) incorrectly cites
to subparagraph (a) instead of subparagraph (i).
    \5\ See BX Options 4, Section 3(c)(2). BX utilizes citations to
Options 4, Section 3(b)(1) and Options 4, Section 3(b)(2) instead of
simply citing to ``this Rules'' as is the case with ISE Options 4,
Section 3(c)(2). Other examples include BX Options 4, Section
3(c)(3) which cites to Options 4, Section 3(b)(4), BX Options 4,
Section 3(c)(4)(B)(ii) which cites to Options 4, Section 3(b)(5)(i).
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    The Exchange proposes to incorporate by reference the BX Options 4
Rules to ISE Options 4 Rules. To that end, BX proposes to replace the
current BX Options 4 Rules with the following rule text:

    The rules contained in Nasdaq ISE Options 4, as such rules may
be in effect from time to time (the ``Options 4 Rules''), are hereby
incorporated by reference into this BX Options 4, and are thus BX
Rules and thereby applicable to BX Participants and associated
persons. BX Participants shall comply with the Options 4 Rules as
though such rules were fully set forth herein. All defined terms,
including any variations thereof, contained in the Options 4 Rules
shall be read to refer to the BX related meaning of such term.
Solely by way of example, and not in limitation or in exhaustion:
The defined term ``Exchange'' in the Options 4 Rules shall be read
to refer to BX; the defined term ``Rule'' in the Options 4 Rules
shall be read to refer to the BX Rule; the defined terms
``Competitive Market Maker'' and ``Market

Maker'' in the Options 4 Rules shall be read to refer to the BX
Market Maker; the defined term ``Primary Market Maker'' in the
Options 4 Rules shall be read to refer to the BX Lead Market Maker;
and the defined terms ``Electronic Access Member,'' ``EAM,'' or
``Member'' in the Options 4 Rules shall be read to refer to the BX
Participant.

This rule text will account for differences that may exist in the usage
of terms as between BX and ISE. The proposed rule text list instances
in which cross references in the ISE Options 4 Rules to BX Options 4
Rules shall be read to refer instead to the Exchange Rules, and
references to ISE terms (whether or not defined) shall be read to refer
to the Exchange-related meanings of those terms. For instance,
references to defined terms ``Exchange'' or ``ISE'' shall be read to
refer to ISE.
    The Exchange proposes to delete in their entirety the BX Options 4
Rules and incorporate by reference the ISE Options 4 Rules.\6\ Today,
the rules of Nasdaq GEMX, LLC and Nasdaq MRX, LLC are incorporated by
reference to the rules of ISE. The Exchange will also separately file
to incorporate the Options 4 Rules of The Nasdaq Options Market LLC and
Nasdaq Phlx LLC to the ISE Options 4 Rules, respectively, to ISE. The
Exchange believes that harmonizing the Options 4 Rules across its 6
Nasdaq Affiliated Options Exchanges will assist the Exchange in listing
options across its affiliated markets. Also, incorporating by reference
the ISE Options 4 Rules into the Exchange's rulebook will organize
those listing rules in a more logical order, thereby eliminating
unnecessary complexity in the listing process and otherwise
streamlining the Exchange's existing listing rules and their associated
procedures.
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    \6\ The Exchange will separately request an exemption from the
rule filing requirements of Section 19(b) of the Act for changes to
BX Options 4 Rules to the extent such rules are affected solely by
virtue of a change to ISE Options 4 Rules. The Exchange's proposed
rule change will not become effective unless and until the
Commission grants this exemption request.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\7\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\8\ in particular, in that it is designed to promote
just and equitable principles of trade and to protect investors and the
public interest. The Exchange believes that its proposal to delete its
existing listing rules and incorporate by reference the ISE Options 4
Rules will promote a free and open market, and will benefit investors,
the public, and the markets, because the new rules will be clearer,
better organized, and simpler. Also, the proposal is just and equitable
because it will render the Exchange's listing rules easier for
Participants to read and understand.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange does not expect
that its proposed changes to incorporate BX's Options 4 Rules to ISE's
Options 4 Rules will have any competitive impact on BX's listing rules,
to the contrary, the Exchange hopes that by clarifying, reorganizing,
and streamlining its listing rules, the Exchange's listing process will
be clear. The proposed changes will apply equally to all market
participants.

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

    No written comments were either solicited or received.

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

    Because the foregoing 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)(iii) of the Act \9\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    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 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-BX-2021-038 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2021-038. 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, 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-BX-2021-038 and should be submitted on
or before October 12, 2021.
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    \11\ 17 CFR 200.30-3(a)(12).

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    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-20326 Filed 9-20-21; 8:45 am]
BILLING CODE 8011-01-P


51260 Federal Register / Vol. 67, No. 152 / Wednesday, August 7, 2002 / Notices IV. Public Docket Complete lists of registrations canceled for non payment of the maintenance fee will also be available for reference during normal business hours in the OPP Public Docket, Room 119, Crystal Mall # 2, 1921 Jefferson Davis Highway South, Arlington VA, and at each EPA Regional Office. Product   specific status inquiries may be made by telephone by calling toll free 1   800   444   7255.

List of Subjects Environmental protection, Fees.

Dated: July 25, 2002. Marcia E. Mulkey, Director, Office of Pesticide Programs. [ FR Doc. 02   19982 Filed 8   6   02; 8: 45 a. m.]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPP   2002   0166; FRL   7190   4]

Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food AGENCY: Environmental Protection Agency ( EPA).

ACTION: Notice.

SUMMARY: This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of a certain pesticide chemical in or on various food commodities.

DATES: Comments, identified by docket ID number OPP   2002   0166, must be received on or before September 6, 2002.

ADDRESSES: Comments may be submitted by mail, electronically, or in person. Please follow the detailed instructions for each method as provided in Unit I. C. of the SUPPLEMENTARY INFORMATION. To ensure proper receipt by EPA, it is imperative that you identify docket ID number OPP   2002   0166 in the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: By mail: Treva Alston, Registration Support Branch, Registration Division ( 7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: ( 703) 308   8373; e mail address: treva. alston@ epa. gov.

SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be affected by this action if you are an agricultural producer, food manufacturer or pesticide manufacturer. Potentially affected categories and entities may include, but are not limited to:

Categories NAICS codes Examples of potentially affected entities Industry 111 Crop production 112 Animal production 311 Food manufacturing 32532 Pesticide manufacturing This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in the table could also be affected. The North American Industrial Classification System ( NAICS) codes have been provided to assist you and others in determining whether or not this action might apply to certain entities. If you have 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 Additional Information, Including Copies of this Document and Other Related Documents? 1. Electronically. You may obtain electronic copies of this document, and certain other related documents that might be available electronically, from the EPA Internet Home Page at http:// www. epa. gov/. To access this document, on the Home Page select `` Laws and Regulations,'' `` Regulations and Proposed Rules,'' and then look up the entry for this document under the `` Federal Register   Environmental Documents.'' You can also go directly to the Federal Register listings at: http:// www. epa. gov/ fedrgstr/. 2. In person. The Agency has established an official record for this action under docket ID number OPP   2002   0166. The official record consists of the documents specifically referenced in this action, any public comments received during an applicable comment period, and other information related to this action, including any information claimed as confidential business information ( CBI). This official record includes the documents that are physically located in the docket, as well as the documents that are referenced in those documents. The public version of the official record does not include any information claimed as CBI. The public version of the official record, which includes printed, paper versions of any electronic comments submitted during an applicable comment period, is available for inspection in the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Highway, Arlington, VA, from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The PIRIB telephone number is ( 703) 305   5805.

C. How and to Whom Do I Submit Comments? You may submit comments through the mail, in person, or electronically. To ensure proper receipt by EPA, it is imperative that you identify docket ID number OPP   2002 0166 in the subject line on the first page of your response. 1. By mail. Submit your comments to: Public Information and Records Integrity Branch ( PIRIB), Information Resources and Services Division ( 7502C), Office of Pesticide Programs ( OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. 2. In person or by courier. Deliver your comments to: Public Information and Records Integrity Branch ( PIRIB), Information Resources and Services Division ( 7502C), Office of Pesticide Programs ( OPP), Environmental Protection Agency, Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Highway, Arlington, VA. The PIRIB is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The PIRIB telephone number is ( 703) 305   5805. 3. Electronically. You may submit your comments electronically by e mail to: opp docket@ epa. gov, or you can submit a computer disk as described above. Do not submit any information electronically that you consider to be CBI. Avoid the use of special characters and any form of encryption. Electronic submissions will be accepted in Wordperfect 6.1/ 8.0 or ASCII file format. All comments in electronic form must be identified by docket ID number OPP   2002   0166. Electronic comments may also be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI That I Want to Submit to the Agency? Do not submit any information electronically that you consider to be CBI. You may claim information that you submit to EPA in response to this document as CBI by marking any part or VerDate 11< MAY> 2000 21: 23 Aug 06, 2002 Jkt 197001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 07AUN1. SGM pfrm11 PsN: 07AUN1 51261 Federal Register / Vol. 67, No. 152 / Wednesday, August 7, 2002 / Notices all of that information as CBI. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public version of the official record. Information not marked confidential will be included in the public version of the official record without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person identified under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/ or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Make sure to submit your comments by the deadline in this notice. 7. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation.

II. What Action is the Agency Taking?

EPA has received a pesticide petition as follows proposing the establishment and/ or amendment of regulations for residues of a certain pesticide chemical in or on various food commodities under section 408 of the Federal Food, Drug, and Cosmetic Act ( FFDCA), 21 U. S. C. 346a. EPA has determined that this petition contains data or information regarding the elements set forth in section 408( d)( 2); however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data support granting of the petition. Additional data may be needed before EPA rules on the petition.

List of Subjects Environmental protection, Agricultural commodities, Feed additives, Food additives, Pesticides and pests, Reporting and recordkeeping requirements.

Dated: July 25, 2002. Peter Caukins, Acting Director, Registration Division, Office of Pesticide Programs.

Summary of Petition The petitioner summary of the pesticide petition is printed below as required by section 408( d)( 3) of the FFDCA. The summary of the petition was prepared by the petitioner and represents the view of the petitioner. EPA is publishing the petition summary verbatim without editing it in any way. The petition summary announces the availability of a description of the analytical methods available to EPA for the detection and measurement of the pesticide chemical residues or an explanation of why no such method is needed.

Akzo Nobel Surface Chemistry LLC PP 7E4807 EPA has received a pesticide petition PP 7E4807 from Akzo Nobel Surface Chemistry LLC, 300 South Riverside Plaza, Chicago, IL 60606, proposing, pursuant to section 408( d) of the Federal Food, Drug, and Cosmetic Act ( FFDCA), 21 U. S. C. 346a( d), to amend 40 CFR part 180. To establish an exemption from the requirement of a tolerance for [ 2 ethylhexyl glucopyranoside] to be applied to growing crops only. EPA has determined that the petition contains data or information regarding the elements set forth in section 408( d)( 2) of the FFDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data support granting of the petition. Additional data may be needed before EPA rules on the petition.

A. Residue Chemistry 1. Plant metabolism. The plant metabolism of 2 ethylhexyl glucopyranoside has not been investigated. However, due to the structural similarity, the metabolic pathway for 2 ethylhexyl glucopyranoside is expected to be similar to that of other alkyl glucosides which have been previously granted an exemption from the requirement of a tolerance, and also of those alkyl glucosides of similar structure that appear on EPA's current List 4B Inert Ingredient List. 2. Analytical method. The inert ingredient, impurities and oligomer distribution can be analyzed using high temperature gas chromatography with cold on column injection after derivatization with silylating reagents. Low levels of the inert ingredient can be detected by HPLC. 3. Magnitude of residues. Given the current extensive and widespread use of structurally similar nonionic surfactants in herbicide formulations, the added use of 2 ethylhexyl glucopyranoside will not significantly contribute to the total use volume of these materials. The expected concentration of 2ethylhexyl glucopyranoside when used in an herbicide formulation will be much lower than the concentration of any coformulated pesticide active ingredient. Therefore, the comparable application rate, on a grams/ acre basis will be significantly lower than that of any coformulated active ingredient. It is then reasonable to assume that any potential residues resulting from the use of 2 ethylhexyl glucopyranoside in a pesticide formulation would be insignificant.

B. Toxicological Profile 1. Acute toxicity. The results of acute toxicity testing for 2 ethylhexyl glucopyranoside are as follows: Acute oral LD50 ( rat) > 2.0 gram/ kilogram ( g/ kg); Acute dermal LD50 ( rat) > 2.38 g/ kg; moderate to severe eye irritant ( rabbit); non irritating to skin ( rabbit); not a skin sensitizer ( guinea pig). 2. Genotoxicty. 2 Ethylhexyl glucoside was negative in the Ames test, and did not induce chromosomal aberrations in human lymphocytes cultured in vivo. 3. Reproductive and developmental toxicity. Although the final report has not yet been issued, the preliminary results from a one generation reproduction toxicity study with 2 ethylhexyl glucoside administered in male and female Wistar rats are available. The results indicate gavage treatment of male and female Wistar rats with 2 ethylhexyl glucoside at dose levels of 15, 150 or 750 milligram/ kilogram ( mg/ kg) body weight/ day during one generation, revealed parental toxicity in animals receiving 750 mg/ kg b. w./ day. Reproductive parameters and development of the pups were not affected up to 750 mg/ kg b. w./ day. Parental toxicity consisted of affected mortality, clinical signs, body weights, and food consumption for animals treated at 750 mg/ kg body weight/ day. Based on the results in this onegeneration study, the definitive parental no observed adverse effect level ( NOAEL) was established as being 150 mg/ kg body weight/ day. The definitive reproductive and developmental NOAEL was established as being 750 mg/ kg body weight/ day. 4. Subchronic toxicity. A 28 day oral toxicity study in the rat was conducted VerDate Aug< 2,> 2002 19: 43 Aug 06, 2002 Jkt 197001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 07AUN1. SGM pfrm17 PsN: 07AUN1 51262 Federal Register / Vol. 67, No. 152 / Wednesday, August 7, 2002 / Notices on 2 ethylhexyl glucopyranoside. The results were that in the rat, 750 mg/ kg/ day represents the no observed toxic effect level ( NOTEL) and 150 mg/ kg/ day represents the no observed effect level ( NOEL). 5. Chronic toxicity. Based on the NOTEL and NOEL results of the 28 day study conducted on 2 ethylhexyl glucopyranoside, there are no chronic health concerns. 6. Animal metabolism. Animal metabolism studies have not been conducted on 2 ethylhexyl glucopyranoside. However, structurally similar radiolabeled alkyl glucopyranosides were studied after oral administration to mice. The results indicate that the glycosidic bond was rapidly hydrolyzed in the intestine and liver to sugars and the parent alcohol. The sugars and alcohols then entered the pathways of lipid and carbohydrate metabolism. 7. Metabolite toxicology. The metabolites of 2 ethylhexyl glucopyranoside are expected to be the cleavage products at the glycosidic bond, 2 ethylhexanol and glucose. The toxicity of these two metabolites is well known. 8. Endocrine disruption. No evidence of endocrine disruption was observed in any of the studies conducted on 2 ethylhexyl glucopyranoside, nor are there any known reports of any estrogenic and adverse effects to human population as a result of the use of 2 ethyhexyl glucopyranoside.

C. Aggregate Exposure 1. Dietary exposure. Based on the metabolism study that indicates alkyl glucopyranosides are readily metabolized in the liver and intestine to glucose and the alcohol, exposure to 2 ethylhexyl glucopyranoside should not pose a dietary risk under any foreseeable circumstances to the U. S. population including infants and children. i. Food. Exposures to 2 ethylhexyl glucopyranoside due to ingestion of food is not expected to occur. ii. Drinking water. Exposures to 2 ethylhexyl glucopyranoside due to ingestion of water is not expected to occur. 2. Non dietary exposure. Structurally similar alkyl glucopyranosides are currently being used in a number of institutional and household cleaning applications. These current uses are expected to result in significantly higher exposures than exposure due to the insignificant residue levels resulting from the use under the proposed exemption from the requirement of a tolerance applied to growing crops only. D. Cumulative Effects. From the results of the tests conducted on 2 ethylhexyl glucopyranoside, no evidence of any specific target organ toxicity has been produced. Therefore, there is no evidence of a common mechanism of toxicity with any other substance, and there is no reason to expect that the use of 2 ethyhexyl glucopyranoside will contribute to any cumulative toxicity resulting from exposures to other substances having a common mechanism of toxicity.

E. Safety Determination 1. U. S. population. The results of the acute, genotoxic, subacute and developmental toxicity studies conducted on 2 ethylhexyl glucopyranoside indicate a relatively low order of toxicity. Structurally similar alkyl glucopyranosides currently exempted from the requirement of a tolerance, also appear on EPA's List 4B Inert List. Therefore, due to the low order of toxicity of 2 ethylhexyl glucopyranoside and the lack of known adverse human health effects associated with this class of chemicals, the exemption from the requirement of a tolerance on growing crops only is not expected to result in any new, or adverse effects to human health or the environment. 2. Infants and children. Exposure to 2 ethylhexyl glucopyranosides to infants and children is not expected to occur. The substance will be used as an inert ingredient at low levels on growing crops only, and any residual levels are expected to be insignificant and consistent with structurally similar alkyl glucopyranosides currently exempted from the requirement of a tolerance.

F. International Tolerances No codex maximum residue levels have been established for 2 ethyhexyl glucopyranoside. [ FR Doc. 02   19805 Filed 8   6   02; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPP   2002   0151; FRL   7188   6]

Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of a certain pesticide chemical in or on various food commodities.

DATES: Comments, identified by docket ID number OPP   2002   0151, must be received on or before September 6, 2002.

ADDRESSES: Comments may be submitted by mail, electronically, or in person. Please follow the detailed instructions for each method as provided in Unit I. C. of the SUPPLEMENTARY INFORMATION. To ensure proper receipt by EPA, it is imperative that you identify docket ID number OPP   2002   0151 in the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: By mail: Sidney Jackson, Registration Division ( 7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: ( 703) 305   7610; e mail address: jackson. sidney@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me?

You may be affected by this action if you are an agricultural producer, food manufacturer or pesticide manufacturer. Potentially affected categories and entities may include, but are not limited to:

Categories NAICS codes Examples of potentially affected entities Industry 111 Crop production 112 Animal production 311 Food manufacturing 32532 Pesticide manufacturing This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in the table could also be affected. The North American Industrial Classification System ( NAICS) codes have been provided to assist you and others in determining whether or not this action might apply to certain entities. If you have questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

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