[Federal Register Volume 86, Number 190 (Tuesday, October 5, 2021)]
[Rules and Regulations]
[Pages 54807-54814]
[FR Doc No: 2021-20649]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 732, 734, 736, 738, 740, 744, 748, 750, 770, 772, and
774

[Docket No.<PHONE_NUMBER>]
RIN 0694-AI24

The Export Administration Regulations; Editorial Revisions,
Clarifications, and Corrections

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule; corrections.

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SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends
the Export Administration Regulations (EAR) by making targeted
editorial corrections and clarifications. The errors addressed by this
rule were inadvertent and these corrections will provide clarity and
facilitate understanding of the regulations. This rule ensures that the
language and policies already set forth in the EAR remain consistent
throughout.

DATES: This rule is effective October 5, 2021.

FOR FURTHER INFORMATION CONTACT: Logan Norton, Regulatory Policy
Division<EMAIL_ADDRESS>(202) 812-1762.

SUPPLEMENTARY INFORMATION:

Background

    This final rule updates eleven parts of the Export Administration
Regulations (EAR), parts 732, 734, 736, 738, 740, 744, 748, 750, 770,
772, and 774, such that most-recent language elsewhere in the EAR is
consistent with the language in these parts. These changes are minor
editorial revisions that either reflect Bureau of Industry and Security
(BIS) policies that were previously published in the Federal Register
and added to the EAR or reflect the modernization of procedures
implemented by BIS. These revisions do not change the substance of the
EAR.

Part 732 Steps for Using the EAR

    In 2004, supplement no. 2 to part 732, the ``Subject to the EAR?''
flowchart, was revised to make it simpler and easier to read. However,
the language of the supplement is not consistent with the language in
other parts of the EAR, including language implemented before and after
the 2004 amendment. In 1999, paragraphs (a) and (b) of Sec.  734.5 were
amended to better represent U.S. policy objectives but the 2004 update
to supplement no. 2 did not capture these changes. Further, in 2009,
paragraph (c) of Sec.  734.5 was dropped from the EAR and in 2016,
``transfer (in-country)'' was added to the EAR in Sec.  734.16.
Elsewhere in this rule, Sec.  734.3(a)(4) and (5) are being amended to
align with Sec.  736.2(b)(3) of the EAR; the changes to these sections
also impact the flowchart in supplement no. 2 to part 732. This rule
changes the ``Subject to the EAR?'' flowchart in supplement no. 2 of
part 732 to reflect these changes. For example, the first text bubble
of the supplement no longer mentions Sec.  734.5(c) and the final text
bubble simply refers readers to Sec.  736.2(b)(3), rather than to any
specific destinations.

Part 734 Scope of the Export Administration Regulations

    Parts 734 and 736 were added to the EAR in 1996. Section 736.2 has
been revised several times since then, updating the language regarding
what constitutes a ``foreign-produced direct product.'' The most recent
update to part 736 was in August of 2020. This rule amends Sec.
734.3(a)(4) and (5) to reflect the terms currently used in Sec.
736.2(b)(3) of the EAR. The definition for the term ``direct product''
is removed from Sec.  734.3(a)(4), because it is being added to part
772, as detailed below.

Part 736

    On January 15, 2021, BIS published an interim final rule (86 FR
4865) that inadvertently removed paragraphs (B) and (C) from Sec.
736.2(b)(7)(i). Paragraphs (B) and (C) are added back by this rule.
Those paragraphs dictate which schedules of chemicals listed in
supplement no. 1 to part 745 a ``U.S. person'' may not export without
complying with specific provisions and requirements of the EAR. In
addition, as the January 15 interim final rule removed the definition
of ``U.S. person'' from Sec.  744.6(c) of the EAR (while leaving the
identical definition in Sec.  772.1 of the EAR), BIS is making
conforming changes to Sec.  736.2(b)(7)(i)(B) and (C). Specifically,
BIS is revising both paragraphs to reference Sec.  772.1, instead of
Sec.  744.6(c), for the definition of the term ``U.S. person.''
Quotation marks are also added around the term ``U.S. person'' in both
paragraphs, given it is a defined term in part 772. Quotation marks are
also added around the term ``direct product'' in Sec.  736.2(b) for the
same reason and as detailed below.

Part 738 Commerce Control List Overview and the Country Chart

    In June of 2020, License Exception Civil End Users (CIV) was
removed from the EAR. After the removal, a sample Commerce Control List
entry set forth in Sec.  738.4(b)(2) of the EAR unintentionally
retained a reference to License Exception CIV. This rule rectifies this
by removing the CIV reference from Sec.  738.4(b)(2) while retaining
the remainder of the sample entry.

Part 740 License Exceptions

    On December 28, 2020, BIS published a final rule (85 FR 84211)
adding Cyprus and Mexico to Country Group A:6. As there were issues
with the amendatory instruction to that rule, this rule corrects the
amendatory instruction and adds an ``X'' in Column ``[A:6]'' in
Supplement No. 1 to Part 740 for ``Cyprus'' and ``Mexico.''

Part 744 Control Policy: End-User and End-Use Based

    In April of 2020, BIS published a rule regarding military end users
(85 FR 23459). In supplement no. 2 to part 744 of the EAR, paragraph
(3)(viii) inadvertently reprinted out-of-date text from Export Control
Classification Number (ECCN) 3A992 when referring to ECCN 3E991
technology for those 3A992 items. This rule updates the paragraph to
reflect the current text in that ECCN. This edit does not change the
scope of the license requirement for items controlled under the ECCN.
Quotation marks are also added around the term ``direct product'' in
supplement no. 4 to part 744, because the term is being added to part
772 by this rule, as detailed below.

Part 748 Applications (Classification, Advisory, and License) and
Documentation

    As has been the case for some time, the public may submit advisory
opinion requests to BIS in a variety of ways in addition to through the
mail (e.g., the U.S. Postal Service or via a shipping and logistics
delivery service). This rule revises Sec.  748.3(c) of the EAR to
include how to submit advisory opinion requests via email or through
the BIS website.
    Supplement no. 2 to part 748, ``Unique Application and Submission
Requirements,'' is being clarified to reflect BIS policy regarding the
letters of assurance described in paragraph (o)(3)(i), which are
applicable to license applications submitted for the export of
technology controlled for national security reasons to certain
countries. Specifically, this clarification reflects BIS policy that
license applicants must always obtain letters of assurance, which must
be submitted to BIS upon request. Quotation marks are also added around
the term ``direct product'' in supplement no. 2, because the term is
being added to part 772 by this rule, as

detailed below. This rule also adds in that this applies to exports,
reexports, and transfers (in-country), which is currently BIS policy
regarding this paragraph.
    This rule amends paragraph (b)(6) ``Block 6: Ultimate Consignee,''
of supplement no. 3 to part 748, ``Statement by Ultimate Consignee and
Purchaser Content Requirements.'' Prior to publication of this rule,
paragraph (b)(6) indicated that an ink signature is required on the
BIS-711 ``Statement by Ultimate Consignee and Purchaser'' form.
However, following public comments, in a March 2015 final rule, BIS
confirmed that electronic signatures are permissible. This rule revises
paragraph (b)(6) to more accurately reflect existing text found in
Sec.  748.11 of the EAR.

Part 750 Application Processing, Issuance and/or Denial

    Sections 750.1, 750.8, and 750.9 are being updated to reflect BIS's
use of the Simplified Network Application Process--Redesign (SNAP-R)
system by eliminating or rewording parts of the sections that are no
longer relevant given the online nature of the system. The SNAP-R
system has been in place since October of 2006 and has largely replaced
the previous system that involved the submission of paper license
applications, but the EAR has not been fully updated to reflect that
change. Now that BIS does not mail copies of licenses to applicants
with SNAP-R accounts, and almost all exporters have access to licenses
electronically (via the SNAP-R system) and can therefore save and print
out multiple copies of their licenses themselves, a requirement to
return a revoked license or a duplicate copy of a license is, under
most circumstances, unnecessary. In Sec.  750.8, the text specific to
the return of a revoked license was relevant when BIS sent validated
hard copies of licenses to exporters. This rule revises Sec.  750.8 by
removing the text requiring the return of revoked or suspended
licenses. The remaining text specifies that if BIS revokes or suspends
a license, the licensee must retain all applicable supporting documents
and records of shipments in accordance with the recording keeping
provisions of part 762 of the EAR. In Sec.  750.9, the text specific to
the return of duplicate licenses was relevant when BIS sent validated
hard copies of licenses to exporters. This rule revises Sec.  750.9
regarding lost, stolen or destroyed paper licenses by removing and
reserving Sec.  750.9(a)(3) of the EAR, which required the return of
either the original or duplicate paper licenses should the original
paper license be found. Doing so aligns the EAR with existing BIS
policies and procedures. This rule also revises Sec.  750.1 to reflect
the changes this rule makes to Sec. Sec.  750.8 and 750.9 of the EAR.
    Section 750.7(a) is corrected by adding a sentence that directs
readers to more detailed information regarding the release of
``technology'' authorized by the issuance of a BIS license, which is
set forth within Sec.  734.20 of the EAR. Section 750.7(a) is also
broken up into subparagraphs (1), (2), and (3) to make it easier to
read.

Part 770 Interpretations

    ``Release'' as it is used in the context of the EAR is defined in
Sec.  734.15, which was added to the EAR in 2016. However, Sec.
770.3(d)(1)(ii) was never updated to reflect the definition. This rule
rectifies this omission by amending Sec.  770.3(d)(1)(ii) to direct
readers to the definition of a ``release'' in Sec.  734.15 and by
altering the language in paragraph (d)(1)(ii) such that it answers the
preceding question in Sec.  770.3(d)(1)(i) correctly given the 2016
change in the definition of ``release.''

Part 772 Definitions of Terms

    This final rule removes the definition of the term ``direct
product'' from Sec.  734.3(a)(4) and adds it to Sec.  772.1. Given the
changes to part 734 detailed above, the term ``direct product'' is
better suited to appear as a defined term in part 772. This rule does
not alter the definition of ``direct product'' or the BIS policy
specific to the term.
    BIS is also amending paragraph (a) of the definition of ``U.S.
person'' in Sec.  772.1 of the EAR to clarify that the definition
applies for purposes of Sec. Sec.  732.3(j), 736.2(b)(7), and
745.2(a)(1) of the EAR. This change does not alter BIS policy, but does
bring the definition of ``U.S. person'' in line with the rest of the
EAR.

Part 774 The Commerce Control List

    This final rule corrects ECCN 0D617 to remove text that was
inadvertently included from 0D606 and published as part of a revision
of 0D617 on June 3, 2020 (85 FR 34306). In ECCN 0D617, this final rule
removes references to 0x606 ECCNs and adds in its place text
referencing the 0x617 ECCNs. This final rule also revises the Related
Controls paragraph and Items paragraph (a) in the List of Items
Controlled section of ECCN 0D617 to remove text that was inadvertently
included from 0D606 and to add in its place the intended text from
0D617. The publication of this correction does not change existing BIS
policy.
    This final rule corrects a reference in the control chart for ECCN
7A611 from ``Sec.  724.6(a)(7)'' to ``Sec.  742.6(a)(7)'' in supplement
no. 1 to part 774.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA), 50 U.S.C.
Sections 4801-4852. ECRA provides the legal basis for BIS's principal
authorities and serves as the authority under which BIS issues this
rule.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This final rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person may be
required to respond to or be subject to a penalty for failure to comply
with a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. This regulation involves a
collection currently approved by OMB under control number 0694-0088,
Simplified Network Application Processing System. This collection
includes, among other things, license applications and commodity
classification, and carries a burden estimate of 29.6 minutes for a
manual or electronic submission for a total burden estimate of 31,835
hours. BIS does not expect the burden hours associated with this
collection to change.
    3. This rule does not contain policies with federalism implications
as that term is defined under Executive Order 13132.

Administrative Procedure Act and Regulatory Flexibility Act
Requirements

    Pursuant to Section 4821 of ECRA, this action is exempt from the
Administrative Procedure Act (5 U.S.C. 553) requirements for notice of

proposed rulemaking, opportunity for public participation and delay in
effective date.
    Further, no other law requires that a notice of proposed rulemaking
and an opportunity for public comment be given for this final rule.
Because a notice of proposed rulemaking and an opportunity for public
comment are not required to be given for this rule under the
Administrative Procedure Act or by any other law, the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable. Accordingly, no regulatory flexibility analysis is
required, and none has been prepared.

List of Subjects

15 CFR Part 732

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.

15 CFR Part 734

    Administrative practice and procedure, Exports, Inventions and
patents, Research, Science and technology.

15 CFR Part 738

    Exports.

15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

15 CFR Parts 740, 748 and 750

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.

15 CFR Parts 736, 770, and 772

    Exports.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, parts 732, 734, 736, 738, 740, 744, 748, 750, 770,
772, and 774 of the Export Administration Regulations (15 CFR parts
730-774) are amended as follows:

PART 732--[AMENDED]

0
1. The authority citation for part 732 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783.

0
2. Supplement no. 2 to part 732 is revised to read as follows:

Supplement No. 2 to Part 732--Subject to the EAR?

BILLING CODE 3510-33-P

[GRAPHIC] [TIFF OMITTED] TR05OC21.003

BILLING CODE 3510-33-C

PART 734--[AMENDED]

0
3. The authority citation for part 734 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026,
61 FR 58767, 3

CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; E.O. 13637, 78 FR 16129, 3 CFR, 2014 Comp., p. 223; Notice
of November 12, 2020, 85 FR 72897 (November 13, 2020).

0
4. Section 734.3 is amended by revising paragraphs (a)(4) and (5), to
read as follows:

Sec.  734.3   Items subject to the EAR.

    (a) * * *
    (4) Certain foreign-produced ``direct products'' of specified
``technology'' and ``software,'' as described in Sec.  736.2(b)(3) of
the EAR; and

    Note to paragraph (a)(4):  Certain foreign-manufactured items
developed or produced from U.S.-origin encryption items exported
pursuant to License Exception ENC are subject to the EAR. See Sec.
740.17(a) of the EAR.

    (5) Certain foreign-produced ``direct products'' of a complete
plant or any major component of a plant as described in Sec.
736.2(b)(3) of the EAR.
* * * * *

PART 736--[AMENDED]

0
5. The authority citation for part 736 is revised to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp.,
p. 168; Notice of November 12, 2020, 85 FR 72897 (November 13,
2020); Notice of May 6, 2021, 86 FR 26793 (May 10, 2021).

0
6. Section 736.2 is amended by:
0
a. Adding double quotation marks around the term ``Direct Product'' in
paragraph (b) introductory text and the paragraph (b)(3) subject
heading;
0
b. Adding double quotation marks around the term ``direct product''
wherever it appears in paragraph (b)(3);
0
c. Adding double quotation marks around the term ``direct products'' in
paragraphs (b)(3)(ii)(B)(2), (b)(3)(iv)(B)(2), and (b)(3)(v); and
0
d. Adding paragraphs (b)(7)(i)(B) and (C).
    The additions read as follows:

Sec.  736.2   General prohibitions and determination of applicability.

* * * * *
    (b) * * *
    (7) * * *
    (i) * * *
    (B) If you are a ``U.S. person'' as that term is defined in Sec.
772.1 of the EAR, you may not export a Schedule 1 chemical listed in
Supplement No. 1 to part 745 without first complying with the
provisions of Sec. Sec.  742.18 and 745.1 of the EAR.
    (C) If you are a ``U.S. person'' as that term is defined in Sec.
772.1 of the EAR, you may not export a Schedule 3 chemical listed in
Supplement No. 1 to part 745 to a destination not listed in Supplement
No. 2 to part 745 without complying with the End-Use Certificate
requirements in Sec.  745.2 of the EAR that apply to Schedule 3
chemicals controlled for CW reasons in ECCN 1C350, ECCN 1C355, and ECCN
1C395.
* * * * *

PART 738--[AMENDED]

0
7. The authority citation for part 738 is revised to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C.
287c; 22 U.S.C. 2151 note; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004;
42 U.S.C. 2139a; 15 U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 et
seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783.

0
8. Section 738.4 is amended by revising paragraph (b)(2) to read as
follows:

Sec.  738.4  Determining whether a license is required.

* * * * *
    (b) * * *
    (2) Sample CCL entry.
    2A000: Entry heading.

License Requirements

Reason for Control: NS, NP, AT

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

NS applies to entire entry................  NS Column 2.
NP applies to 2A000.b entire entry........  NP Column 1.
AT applies to entire entry................  AT Column 1.

List Based License Exceptions (See Part 740 for a Description of all
License Exceptions)

LVS: $5,000
GBS: Yes

List of Items Controlled

Related Definition: N/A
Related Controls: N/A
Items:

    a. Having x.
    b. Having z.
* * * * *

PART 740--LICENSE EXCEPTIONS

0
9. The authority citation for part 740 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR,
2001 Comp., p. 783.

0
10. Supplement No. 1 to part 740 is amended by revising the entries for
``Cyprus'' and ``Mexico'' in the Country Group A table to read as
follows:

Supplement No. 1 to Part 740--Country Groups

                                                                     Country Group A
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     [A:1] Wassenaar       [A:2] Missile                         [A:4] Nuclear
              Country                 participating      technology control    [A:3] Australia  suppliers group           [A:5]               [A:6]
                                        states \1\           regime \2\             group             \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Cyprus.............................  ...............  .......................               X                X   ......................               X

                                                                      * * * * * * *
Mexico.............................               X   .......................               X                X   ......................               X

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

PART 744--[AMENDED]

0
11. The authority citation for 15 CFR part 744 continues to read as
follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice
of September 18, 2020, 85 FR 59641 (September 22, 2020); Notice of
November 12, 2020, 85 FR 72897 (November 13, 2020).

0
12. Supplement no. 2 to part 744 is amended by revising paragraph
(3)(viii) to read as follows:

Supplement No. 2 to Part 744--List of Items Subject to the Military End
Use or End User License Requirement of Sec.  744.21

* * * * *
    (3) * * *
    (viii) 3E991 Limited to ``technology'' according to the General
Technology Note for the ``development,'' ``production,'' or ``use'' of
digital oscilloscopes and transient recorders using analog-to-digital
conversion techniques, capable of storing transients by sequentially
sampling single-shot inputs at successive intervals of less than 1 ns
(greater than 1 giga-sample per second), digitizing to 8 bits or
greater resolution and storing 256 or more samples.
* * * * *

Supplement 4 to Part 744 [Amended]

0
13. Supplement no. 4 to part 744 is amended in footnote 1 by adding
double quotation marks around the terms ``direct product'' and ``Direct
product'' wherever they appear.

PART 748--[AMENDED]

0
14. The authority citation for part 748 is revised to read as follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of
August 6, 2021, 86 FR 43901 (August 10, 2021).

0
15. Section 748.3 is amended by revising the introductory text of
paragraph (c) and the introductory text of paragraph (c)(1) to read as
follows:

Sec.  748.3  Classification requests and advisory opinions.

* * * * *
    (c) Advisory Opinions. Advisory opinion requests must be made in
writing, and may be delivered to BIS by mail, by email, or through the
BIS website. If delivering a request by mail, submit to the address
listed in Sec.  748.1(d)(2). Both your letter and envelope must be
marked ``Advisory Opinion.'' If submitting by email, submit to
<EMAIL_ADDRESS>with the subject title ``Advisory Opinion.'' If
submitting through the BIS website, see http://www.bis.doc.gov.
    (1) Your submission must contain the following information if you
are requesting guidance regarding interpretations of the EAR:
* * * * *

0
16. Supplement no. 2 to part 748 is amended by revising paragraph
(o)(3)(i) to read as follows:

Supplement No. 2 to Part 748--Unique Application and Submission
Requirements

* * * * *
    (o) * * *
    (3) * * *
    (i) Technology controlled for national security reasons. If you are
submitting a license application to export, reexport, and transfer (in-
country) technology controlled for national security reasons to a
country not listed in Country Group D:1, E:1, or E:2 (see Supplement
No. 1 to part 740 of the EAR), you must obtain the letter from the
ultimate consignee verifying that, unless prior authorization is
obtained from BIS, the consignee will not knowingly reexport the
technology to any destination, or export the ``direct product'' of the
technology, directly or indirectly, to a country listed in Country
Group D:1, E:1, or E:2 (see Supplement No. 2 to part 740 of the EAR).
If you are unable to obtain this letter of assurance from your
consignee, you must state in your license application why the
assurances could not be obtained. BIS may request a copy of this
letter. * * *
* * * * *

0
17. Supplement no. 3 to part 748 is amended by revising paragraph
(b)(6) to read as follows:

Supplement No. 3 to Part 748--Statement by Ultimate Consignee and
Purchaser Content Requirements

* * * * *
    (b) * * *
    (6) Block 6: Ultimate Consignee. Enter the requested information
and sign the statement digitally or in ink. (For a definition of
ultimate consignee, see Sec.  748.5(e) of this part.)
* * * * *

PART 750--[AMENDED]

0
18. The authority citation for part 750 is revised to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; Sec. 1503, Pub. L. 108-11, 117 Stat. 559; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783; E.O. 13637, 78 FR 16129, 3 CFR,
2013 Comp., p. 223; Presidential Determination 2003-23, 68 FR 26459,
3 CFR, 2004 Comp., p. 320.

0
19. Section 750.1 is revised to read as follows:

Sec.  750.1  Scope.

    In this part, references to the EAR are references to 15 CFR
chapter VII, subchapter C. This part describes the Bureau of Industry
and Security's (BIS) process for reviewing your application for a
license and the applicable processing times for various types of
applications. Information related to the issuance, revocation, or
suspension of a license and the denial of a license application is
provided along with the procedures on obtaining a duplicate or
replacement license (limited to those which BIS has validated and
issued in hardcopy), the transfer of a license, and the shipping
tolerances available on licenses. This part also contains instructions
on obtaining the status of a pending application.

0
20. Section 750.7 is amended by revising paragraph (a) to read as
follows:

Sec.  750.7  Issuance of licenses.

    (a) Scope. (1) Unless limited by a condition set out in a license,
the export, reexport, or transfer (in-country) authorized by a license
is for the item(s), end-use(s), and parties described in the license
application and any letters of explanation. The applicant must inform
the other parties identified on the license, such as the ultimate
consignees and end users, of the license's scope and of the specific
conditions applicable to them.
    (2) BIS grants licenses in reliance on representations the
applicant made or submitted in connection with the license application,
letters of explanation, and other documents submitted. Any license
obtained in which a false or misleading representation was made, or a
material fact was falsified or concealed on the license application,
letters of explanation, or any document submitted in connection with
the license application, shall be deemed void as of

the date of issuance. See Sec.  750.8(a) of the EAR, which provides
that all licenses are subject to revocation, in whole or in part,
without notice. See part 764 of the EAR for other sanctions that may
result in the event a violation occurs.
    (3) A BIS license authorizing the release of ``technology'' to an
entity also authorizes the release of the same ``technology'' to the
entity's foreign persons who are permanent and regular employees (and
who are not proscribed persons) of the entity's facility or facilities
authorized on the license, except to the extent a license condition
limits or prohibits the release of the ``technology'' to foreign
persons of specific countries or country groups. See Sec.  734.20 of
the EAR for additional information regarding the release of
``technology'' authorized by a BIS license.
* * * * *

0
21. Section 750.8 is amended by revising paragraph (b) to read as
follows:

Sec.  750. 8  Revocation or suspension of licenses.

* * * * *
    (b) Revoked or suspended licenses. If BIS revokes or suspends a
license, the licensee must retain all applicable supporting documents
and records of shipments in accordance with the recordkeeping
provisions of part 762 of the EAR.

0
22. Section 750.9 is amended by revising paragraph (a) to read as
follows:

Sec.  750.9  Duplicate licenses.

    (a) Lost, stolen or destroyed. For licensees whom BIS authorized
the submission of paper applications, if a license is lost, stolen or
destroyed, you, as the licensee, may obtain a duplicate of the license
by submitting a letter to the BIS at the address listed in Sec.
748.1(d)(2) of the EAR, Attention: Duplicate License Request.'' You
must certify in your letter:
    (1) That the original license ([number] issued to [name and address
of licensee]) has been lost, stolen or destroyed; and
    (2) The circumstances under which it was lost, stolen or destroyed.
* * * * *

PART 770--[AMENDED]

0
23. The authority citation for 15 CFR part 770 is revised to read as
follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783.

0
24. Section 770.3 is amended by revising paragraph (d)(1)(ii) to read
as follows:

Sec.  770.3  Interpretations related to exports of technology and
software to destinations in Country Group D:1.

* * * * *
    (d) * * *
    (1) * * *
    (ii) Answer 1. Export of technology includes release of U.S.-origin
data in a foreign country as defined in Sec.  734.15 of the EAR. So
long as the circumstances described here would not exceed that
permitted under the License Exception TSU for operation technology and
software, as described in Sec.  740.13(a) of the EAR, this is not a
``release'' of technology and a license would not be required.
* * * * *

PART 772--[AMENDED]

0
25. The authority citation for part 772 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783.

0
26. Section 772.1 is amended by:
0
a. Adding a definition for ``direct product'' in alphabetical order;
and
0
b. Revising paragraph (a) introductory text of the definition of ``U.S.
person''.
    The addition and revision read as follows:

Sec.  772.1  Definitions of terms as used in the Export Administration
Regulations (EAR).

* * * * *
    Direct product. The immediate product (including processes and
services) produced directly by the use of technology or software.
* * * * *
    U.S. Person. (a) For purposes of Sec. Sec.  732.3(j), 736.2(b)(7),
740.21(e)(1), 744.6, 744.10, 744.11, 744.12, 744.13, 744.14, and
745.2(a)(1) of the EAR, the term U.S. person includes:
* * * * *

PART 774--[AMENDED]

0
27. The authority citation for 15 CFR part 774 continues to read as
follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C.
287c, 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15
U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783.

0
28. Supplement No. 1 to Part 774 is amended by revising ECCN 0D617 and
ECCN 7A611 to read as follows:

Supplement No. 1 to Part 774--The Commerce Control List

* * * * *
0D617 ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of commodities controlled
by 0A617, ``equipment'' controlled by 0B617, or materials controlled
by 0C617 (see List of Items Controlled).

License Requirements

Reason for Control: NS, RS, AT, UN

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

NS applies to entire entry, except 0D617.y  NS Column 1.
RS applies to entire entry, except 0D617.y  RS Column 1.
RS applies to 0D617.y.....................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7)).
AT applies to entire entry................  AT Column 1.
UN applies to entire entry, except 0D617.y  See Sec.   746.1(b) for UN
                                             controls.

List Based License Exceptions (See Part 740 for a description of all
license exceptions)

TSR: N/A

Special Conditions for STA

    STA: Paragraph (c)(2) of License Exception STA (Sec.
740.20(c)(2) of the EAR) may not be used for any ``software'' in
0D617.

List of Items Controlled

Related Controls: (1) ``Software'' directly related to articles
controlled by USML Category XIII is subject to the control of USML
paragraph XIII(l). (2) See ECCN 0A919 for foreign-made ``military
commodities'' that incorporate more than a de minimis amount of
U.S.-origin ``600 series'' controlled content.
Related Definitions: N/A
Items:

    a. ``Software'' (other than ``software'' controlled in paragraph
.y of this entry) ``specially designed'' for the ``development,''
``production,'' operation or maintenance of commodities controlled
by ECCNs 0A617 (except 0A617.y), 0B617, or 0C617.
    b. to x. [Reserved].
    y. Specific ``software'' ``specially designed'' for the
``production,'' ``development,'' operation or maintenance of
commodities controlled by ECCN 0A617.y.
* * * * *
7A611 Military fire control, laser, imaging, and guidance equipment,
as follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, MT, RS, AT, UN

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

NS applies to entire entry except 7A611.y.  NS Column 1.
MT applies to commodities in 7A611.a that   MT Column 1.
 meet or exceed the parameters in 7A103.b
 or .c.
RS applies to entire entry except 7A611.y.  RS Column 1.
RS applies to 7A611.y.....................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7)).
AT applies to entire entry................  AT Column 1.
UN applies to entire entry except 7A611.y.  See Sec.   746.1(b) for UN
                                             controls.

List Based License Exceptions (See Part 740 for a description of all
license exceptions)

LVS: $1500
GBS: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2)
of the EAR) may not be used for any item in 7A611.

List of Items Controlled

Related Controls: (1) Military fire control, laser, imaging, and
guidance equipment that are enumerated in USML Category XII, and
technical data (including software) directly related thereto, are
subject to the ITAR. (2) See Related Controls in ECCNs 0A504, 2A984,
6A002, 6A003, 6A004, 6A005, 6A007, 6A008, 6A107, 7A001, 7A002,
7A003, 7A005, 7A101, 7A102, and 7A103. (3) See ECCN 3A611 and USML
Category XI for controls on countermeasure equipment. (4) See ECCN
0A919 for foreign-made ``military commodities'' that incorporate
more than a de minimis amount of U.S. origin ``600 series''
controlled content.
Related Definitions: N/A
Items:
    a. Guidance or navigation systems, not elsewhere specified on
the USML, that are ``specially designed'' for a defense article on
the USML or for a 600 series item.
    b. to w. [Reserved]
    x. ``Parts,'' ``components,'' ``accessories,'' and
``attachments,'' including accelerometers, gyros, angular rate
sensors, gravity meters (gravimeters), and inertial measurement
units (IMUs), that are ``specially designed'' for defense articles
controlled by USML Category XII or items controlled by 7A611, and
that are NOT:
    x.1. Enumerated or controlled in the USML or elsewhere within
ECCN 7A611;
    x.2. Described in ECCNs 6A007, 6A107, 7A001, 7A002, 7A003,
7A101, 7A102 or 7A103; or
    x.3. Elsewhere specified in ECCN 7A611.y or 3A611.y.
    y. Specific ``parts,'' ``components,'' ``accessories,'' and
``attachments'' ``specially designed'' for a commodity subject to
control in this ECCN or a defense article in Category XII and not
elsewhere specified on the USML or in the CCL, as follows, and
``parts,'' ``components,'' ``accessories,'' and ``attachments''
``specially designed'' therefor:
    y.1 [Reserved]
* * * * *

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2021-20649 Filed 10-4-21; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register: January 4, 2008 (Volume 73, Number 3)]
[Notices]
[Page 861-862]
[DOCID:fr04ja08-26]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2007-1200; FRL-8513-3]

Board of Scientific Counselors, Executive Committee Meeting--
January 2008

AGENCY: Environmental Protection Agency (EPA).

ACTION:  Notice of meeting.

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

SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-
463, the Environmental Protection Agency, Office of Research and
Development (ORD), gives notice of one meeting of the Board of
Scientific Counselors (BOSC) Executive Committee.

DATES: The meeting will be held on Thursday, January 24, 2008, from
8:30 a.m. to 5 p.m., and will continue on Friday, January 25, 2008,
from 8:30 a.m. until 12 noon. All times noted are eastern time. The
meeting may adjourn early if all business is finished. Requests for the
draft agenda or for making oral presentations at the meeting will be
accepted up to 1 business day before the meeting.

ADDRESSES: The meeting will be held at the Renaissance M Street Hotel,
1143 New Hampshire Avenue, NW., Washington, DC 20037, Tel: (202) 775-

0800. Submit your comments identified by Docket ID No. EPA-HQ-ORD-2007-
1200, by one of the following methods:
     http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
     E-mail: Send comments by electronic mail (e-mail) to:
<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-ORD-2007-1200.

     Fax: Fax comments to:<PHONE_NUMBER>, Attention Docket ID
No. EPA-HQ-ORD-2007-1200.
     Mail: Send comments by mail to: Board of Scientific
Counselors, Executive Committee Meeting--January 2008 Docket, Mailcode:
28221T, 1200 Pennsylvania Ave., NW., Washington, DC, 20460, Attention
Docket ID No. EPA-HQ-ORD-2007-1200.
     Hand Delivery or Courier. Deliver comment to: EPA Docket
Center (EPA/DC), Room B102, EPA West Building, 1301 Constitution
Avenue, NW., Washington, DC, Attention Docket ID No. EPA-HQ-ORD-2007-
1200. Note: this is not a mailing address. Such deliveries are only
accepted during the docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2007-1200. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site

is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
.

    Docket: All documents in the docket are listed in the http://www.regulations.gov
 index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Board of

Scientific Counselors, Executive Committee Meeting--January 2008
Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the ORD Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: The Designated Federal Officer via
mail at: Lorelei Kowalski, Mail Code 8104-R, Office of Science Policy,
Office of Research and Development, Environmental Protection Agency,
1200 Pennsylvania Avenue, NW., Washington, DC 20460; via phone/voice
mail at:<PHONE_NUMBER>; via fax at:<PHONE_NUMBER>; or via e-mail at:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

General Information

    Any member of the public interested in receiving a draft BOSC
agenda or making a presentation at the meeting may contact Lorelei
Kowalski, the Designated Federal Officer, via any of the contact
methods listed in the FOR FURTHER INFORMATION CONTACT section above. In
general, each individual making an oral presentation will be limited to
a total of three minutes.
    Proposed agenda items for the meeting include, but are not limited
to: review of the revised Technology for Sustainability Subcommittee
draft report, Endocrine Disrupting Chemicals Mid-Cycle draft report,
Particulate Matter/Ozone (Air) Mid-Cycle draft report, and National
Center for Environmental Research draft letter report; ORD response to
the BOSC Safe Pesticides/Safe Products program review report
recommendations; ORD responses to the BOSC Human Health, Eco, and
Drinking Water Mid-Cycle report recommendations; update on the BOSC
mid-cycle review subcommittees (Global Change and Land); update on the
BOSC program review subcommittees (Human Health Risk Assessment and
Homeland Security); update on the BOSC standing subcommittees
(Computational Toxicology, National Exposure Research Lab, and National
Center for Environmental Research); discussion of BOSC performance
material requests and rating tool guidance; update on BOSC workgroups;
ORD update; an update on EPA's Science Advisory Board activities; and
future issues and plans. The meeting is open to the public.
    Information on Services for Individuals with Disabilities: For
information on access or services for individuals with disabilities,
please contact Lorelei Kowalski<PHONE_NUMBER> or
<EMAIL_ADDRESS>To request accommodation of a disability,

please contact Lorelei Kowalski, preferably at least 10 days prior to
the meeting, to give EPA as much time as possible to process your
request.

    Dated: December 27, 2007.
Connie Bosma,
Acting Director, Office of Science Policy.
[FR Doc. 07-6288 Filed 1-3-08; 8:45 am]

BILLING CODE 6560-50-M


[Federal Register: June 26, 2006 (Volume 71, Number 122)]
[Notices]
[Page 36370-36372]
[DOCID:fr26jn06-85]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54008; File No. SR-NYSE-2006-43]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change To Amend Section 902.02 of the
Listed Company Manual To Exempt Companies Transferring From NYSE Arca
From Initial Listing Fees and the Annual Fee for the Year of Such
Transfer

June 16, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on June 7, 2006, the New York Stock Exchange LLC (the ``NYSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by NYSE. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
---------------------------------------------------------------------------

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

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

    NYSE proposes to amend Section 902.02 of its Listed Company Manual
(``Manual'') to provide that there shall be no initial listing and no
prorated annual fee payable with respect to the first partial calendar
year of listing for any company listed on NYSE Arca, Inc. (``NYSE
Arca'') that transfers the listing of its primary class of common
shares to the Exchange. The text of the proposed rule change is
available at the Commission, at NYSE, and at http://www.nyse.com.

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. The
text of these statements may be examined at the places specified in
Item IV below. NYSE 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
    New York Stock Exchange, Inc. and Archipelago Holdings, Inc. merged
on March 7, 2006, leading to the creation of a new public holding
company, NYSE Group, Inc. (``NYSE Group''). As a result of the merger,
NYSE Group is the ultimate parent of two national securities exchanges,
the Exchange and NYSE Arca.\3\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 53382 (SR-NYSE-2005-
77) (February 27, 2006), 71 FR 11251 (March 6, 2006) (SR-NYSE-2005-
77) (approving organizational changes in connection with the
merger).
---------------------------------------------------------------------------

    NYSE Group expects that companies that do not yet meet the
Exchange's initial listing criteria will list first on NYSE Arca and
will subsequently transfer their listing to the Exchange if and when
they qualify to do so. Consistent with this approach, the Exchange
proposes to amend Section 902.02 of the Manual to grant companies
transferring the listing of their primary class of common shares to the
Exchange from NYSE Arca a waiver of the Exchange's initial listing fees
and the prorated annual listing fee payable in connection with the
first partial calendar year of listing on the Exchange. The Exchange
believes this is appropriate as companies transferring to the Exchange
from NYSE Arca will already have paid annual continued listing fees to
NYSE Arca for the calendar year in which they transfer, as well as the
initial listing fee payable under NYSE Arca's rules at the time of
initial listing on NYSE Arca. In addition, the Exchange notes that NYSE
Regulation performs listed company regulation for both the Exchange and
NYSE Arca, including a substantial review of companies upon original
listing. Companies transferring from NYSE Arca will be subjected to the
same rigorous regulatory review as any other applicant for listing on
the Exchange. However, the Exchange expects that, on average, the
review of companies transferring from NYSE Arca to the Exchange will be
less costly than the review of a transfer from the Nasdaq National
Market (``Nasdaq'') or the American Stock Exchange, as NYSE Regulation
will already have performed a substantial review of any NYSE Arca
listed company and will be able to rely on that prior work as a
baseline in qualifying the company for listing on the Exchange.
    The primary purpose of the proposed fee waiver is to assist in the
development of NYSE Arca as a listing market. NYSE Group intends to
build NYSE Arca into an alternative listing venue for companies whose
only realistic listing option is currently Nasdaq because they do not
meet the Exchange's own listing standards due to their small size or
insufficient operating history. NYSE Arca intends to adopt a new set of
listing standards with thresholds broadly comparable to those of Nasdaq
and expects to compete directly with Nasdaq for initial public
offerings that do not qualify for the Exchange. However, NYSE Group
recognizes that, as a new market, NYSE Arca will initially face
difficulties in attracting new listings. NYSE Group believes that NYSE
Arca's affiliation with the Exchange through their common parent is
highly attractive to companies considering listing on NYSE Arca.
Companies whose ultimate objective is to list on the Exchange can
associate themselves with NYSE Group by listing on NYSE Arca at the
time of their initial public offerings. NYSE Group believes that many
companies will consider this preferable to listing initially on Nasdaq
and then transferring to the Exchange upon achieving the Exchange's
listing standards and that the Exchange's proposed fee waiver will
appeal to companies considering listing on NYSE Arca because of its
association with the Exchange. By increasing NYSE Arca's attractiveness
as a listing venue, the Exchange believes the fee waiver will lead to
greater competition for new listings, as it will help NYSE Arca become
a viable alternative to Nasdaq, which does not currently have any
meaningful competition for new listings that do not qualify for the
Exchange. NYSE Group is willing to forego the listing fee revenues from
NYSE Arca transfers because it believes that a significant market
opportunity exists for NYSE Arca to compete successfully with Nasdaq.
However, NYSE Group does not wish to waive transfer fees for transfers
from all other markets as it views initial listing fees as an important
source of revenue. If the Exchange decides to reimpose these fees with
respect to transfers from NYSE Arca in the future, it will do so by
filing a proposed rule change with the Commission.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of Section 6(b)(4) \4\ and 6(b)(5) of the Act \5\
that an exchange have rules that (i) provide for the equitable
allocation of reasonable dues, fees and other charges among its members
and other persons using its facilities and (ii) are designed to remove
impediments to and perfect the mechanism of a free and open market and
a national market system and are not designed to permit unfair
discrimination between issuers. The Exchange believes that the proposed
fee waiver does not render the allocation of its listing fees
inequitable or unfairly discriminatory. The Exchange expects that, on
average, the review of companies transferring from NYSE Arca to the
Exchange will be less costly than the review of a transfer from Nasdaq
or the American Stock Exchange, as NYSE Regulation will already have
performed a substantial review of any NYSE Arca listed company and will
be able to rely on that prior work as a baseline in qualifying the
company for listing on the Exchange. The Exchange believes that, by
making NYSE Arca a more attractive listing venue, the proposed fee
waiver will assist NYSE Arca in competing with Nasdaq for listings and
is therefore designed to perfect the mechanism of a free and open
market.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b)(4).
    \5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 that is not necessary or appropriate
in furtherance of the purposes of the Act.

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 by NYSE.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be 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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSE-2006-43 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2006-43. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSE-2006-43 and should be submitted on or before July
17, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
 [FR Doc. E6-9984 Filed 6-23-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)]
[Rules and Regulations]
[Pages 93620-93622]
[FR Doc No: 2016-30476]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0543 FRL-9956-98-Region 9]

Determination of Attainment of the 2008 Ozone National Ambient
Air Quality Standards; Eastern San Luis Obispo, California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing our
determination that the San Luis Obispo (Eastern San Luis Obispo) ozone
nonattainment area (NAA) in California has attained the 2008 ozone
National Ambient Air Quality Standards (NAAQS or ``standards'') by the
applicable attainment date of July 20, 2016. This determination is
based on complete, quality-assured and certified data for the 3-year
period preceding that attainment date. Based on this determination, the
Eastern San Luis Obispo NAA will not be reclassified to a higher ozone
classification.

DATES: This rule will be effective on January 20, 2017.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2016-0543. All documents in the docket are
listed on the http://www.regulations.gov Web site. Although listed in
the index, some information is not publicly-available, e.g.,
Confidential Business Information 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 through http://www.regulations.gov, or please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section for
additional availability information.

FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, (415) 972-
3848<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. Summary of Proposed Rule
II. Public Comments and EPA Responses
III. Final Action
IV. Statutory and Executive Order Reviews

I. Summary of Proposed Rule

    On October 12, 2016 (81 FR 70382), the EPA proposed to determine
that the Eastern San Luis Obispo ozone NAA has attained the 2008 ozone
standard by the applicable attainment date of July 20, 2106, based on
complete, quality-assured and certified ambient air quality monitoring
data for the 2013-2015 monitoring period. San Luis Obispo County is the
northern-most county within the air basin designated by California as
the South Central Coast Air Basin. The NAA encompasses roughly the
eastern half of San Luis Obispo County. For the precise boundaries of
the Eastern San Luis Obispo 2008 ozone NAA, see 40 CFR 81.305.
    Our proposed rule provided background information on the 2008 ozone
standards,\1\ the EPA's classification of the Eastern San Luis Obispo
NAA under the Clean Air Act (CAA) as ``Marginal'' for the 2008 ozone
standard, and the EPA's prior approval of an extension of the
applicable attainment date for the area from July 20, 2015 to July 20,
2016 (81 FR 26697, May 4, 2016). In our proposed rule, we described our
obligation under CAA section 181(b)(2)(A) to determine whether an ozone
NAA attained the ozone NAAQS by the applicable attainment date within
six months of that date; how we determine whether an area's air quality
meets the 2008 ozone standard; and the relevant air quality monitoring
agencies in the Eastern San Luis Obispo ozone NAA, their monitoring
network plans, and the relevant ozone monitoring sites. We also
discussed our previous review of the networks and network plans, the
annual certifications of ambient air monitoring data, and our
determination of completeness for 2013-2015 data from the two ozone
monitoring sites within the Eastern San Luis Obispo NAA.
---------------------------------------------------------------------------

    \1\ Since the primary and secondary 2008 ozone standards are the
same, we hereafter refer to them herein using the singular ``2008
ozone standard.''
---------------------------------------------------------------------------

    Our proposed rule included a table of ozone ``design values'' at
the two ozone monitoring sites in the Eastern San Luis

Obispo NAA.\2\ See 81 FR 70382, at 70384. As explained in our proposed
rule, the 2008 ozone standard is attained in an area when the design
value is less than or equal to 0.075 parts per million (ppm), as
determined in accordance with 40 CFR part 50, appendix P, at each
monitoring site within the area. See 40 CFR 50.15. Based on our review
of the monitoring data, which showed a design value for the area of
0.073 ppm (based on data collected at the Red Hills site) for 2013-
2015, and taking into account the extent and reliability of the
applicable ozone monitoring network, we proposed to determine that the
Eastern San Luis Obispo NAA has attained the 2008 ozone standard by the
applicable attainment date of July 20, 2016 based on complete,
certified and quality-assured data for the 2013-2015 period. Lastly, we
noted that if we finalize our proposed determination, then the Marginal
Eastern San Luis Obispo NAA would not be subject to reclassification to
``Moderate'' for the 2008 ozone standard, that a determination of
attainment by the applicable attainment date would not constitute a
redesignation, and that the designation status of the Eastern San Luis
Obispo area would remain nonattainment for the 2008 ozone standard
until such time as the EPA determines that the area meets the CAA
requirements for redesignation to attainment. Please see our proposed
rule for more information concerning these topics.
---------------------------------------------------------------------------

    \2\ The design value is a statistic that describes the air
quality status of a given location relative to the level of the
NAAQS. For the purpose of comparison with the 2008 ozone standard,
the design value for a site is the 3-year average of the annual
fourth highest daily maximum 8-hour average ozone concentrations.
The design value for a given area is based on the monitoring site
with the highest design value.
---------------------------------------------------------------------------

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.

III. Final Action

    Under CAA section 181(b)(2)(A), and based on the rationale
presented in our proposed rule and summarized above, the EPA is
finalizing our determination that the Eastern San Luis Obispo ozone NAA
has attained the 2008 ozone NAAQS by the applicable attainment date of
July 20, 2016. The EPA is making this determination based on complete,
quality-assured and certified ambient air quality monitoring data for
the 2013-2015 monitoring period. As a result of this determination, the
Eastern San Luis Obispo 2008 ozone NAA will not be reclassified to a
higher classification for the 2008 ozone standard.

IV. Statutory and Executive Order Reviews

    This action is a determination based on air quality data and does
not impose additional requirements beyond those imposed by state law.
For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because it will not impose substantial direct costs on tribal
governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action 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 the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 21, 2017. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Volatile organic compounds.

    Dated: December 8, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.

    Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.282 is amended by adding paragraph (i) to read as
follows:

Sec.  52.282  Control strategy and regulations: Ozone

* * * * *
    (i) Determination of attainment. The EPA has determined that, as of
January 20, 2017, the San Luis Obispo (Eastern San Luis Obispo) 2008 8-
hour ozone nonattainment area in California has attained the 2008 ozone
standard by the July 20, 2016 applicable attainment date, based upon
complete, quality-

assured and certified data for 2013-2015. Therefore, the EPA has met
its obligation pursuant to CAA section 181(b)(2)(A) to determine, based
on the area's air quality data as of the attainment date, whether the
area attained the standard. As a result of this determination, the San
Luis Obispo (Eastern San Luis Obispo) 2008 ozone nonattainment area in
California will not be reclassified for failure to attain by the July
20, 2016 applicable attainment date under section 181(b)(2)(A).

[FR Doc. 2016-30476 Filed 12-20-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 62 (Friday, March 30, 2012)]
[Rules and Regulations]
[Pages 19109-19112]
[FR Doc No: 2012-7490]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2010-0536; FRL-9343-1]

Bacillus Pumilus Strain GHA 180; Exemption From the Requirement
of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of Bacillus pumilus strain GHA 180 in or on
all food commodities when used in accordance with good agricultural
practices. Premier Horticulture submitted a petition to EPA under the
Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption
from the requirement of a tolerance. This regulation eliminates the
need to establish a maximum permissible level for residues of Bacillus
pumilus strain GHA 180.

DATES: This regulation is effective March 30, 2012. Objections and
requests for hearings must be received on or before May 29, 2012, 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-2010-0536. 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 (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Susanne Cerrelli, Biopesticides and
Pollution Prevention Division (7511P), 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?

    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:
     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 provides
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 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl. To access the OCSPP test guidelines referenced in this
document electronically, go to: http://www.epa.gov/ocspp and select
``Test Methods and Guidelines.''

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-2010-0536 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
May 29, 2012. 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-2010-0536, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online 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 (703) 305-
5805.

II. Background and Statutory Findings

    In the Federal Register of September 30, 2010 (75 FR 60452) (FRL-
8837-2), EPA issued a notice pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance
petition (PP 0F7698) by Premier Horticulture, 1, Avenue Premier,
Riviere-du-Loup, Quebec, Canada. The petition requested that 40 CFR
part 180 be amended by establishing an exemption from the requirement
of a tolerance for residues of Bacillus pumilus GHA 180. This notice
referenced a summary of the petition prepared by the petitioner Premier
Horticulture, which is available in the docket via http://www.regulations.gov. There were no comments received in response to the
notice of filing.
    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(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. Pursuant to FFDCA section 408(c)(2)(B), in
establishing or maintaining in effect an exemption from the requirement
of a tolerance, EPA must take into account the factors set forth in
FFDCA section 408(b)(2)(C), which require 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. * *
*'' Additionally, FFDCA section 408(b)(2)(D) requires that 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 performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. First, EPA determines the
toxicity of pesticides. Second, EPA examines exposure to the pesticide
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings.

III. Toxicological Profile

    Consistent with FFDCA section 408(b)(2)(D), EPA has reviewed the
available scientific data and other relevant information in support of
this action and considered its validity, completeness and reliability,
and the relationship of this information 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.
    Bacillus pumilus strain GHA 180 is a bacterium discovered in the
root zone of apple trees in Mexico. It colonizes plant roots and
produces metabolites that suppress the fungal plant pathogens Pythium
ultimum, Fusarium oxysporum, Rhizoctonia solani and Alternaria spp.
    Adequate mammalian toxicology data and information were submitted
to support Bacillus pumilus strain GHA 180 pesticide products. The
Draft Biopesticide Registration Action Document (BRAD) for Bacillus
pumilus strain GHA 180 provides detailed information regarding these
tests (Ref. 1), which are summarized in this unit.
    1. Acute Injection Toxicity/Pathogenicity (OCSPP Guideline
885.3200; Master Record Identification Number (MRID) No. 48005025):
Bacillus pumilus GHA 180 was not toxic and/or pathogenic to laboratory
rats given a single intravenous dose of 6.8 x 10\7\ colony forming
units (CFU).
    2. Acute Oral Toxicity (OCSPP Guideline 870.1100; MRID No.
48005020): Bacillus pumilus GHA 180 was not toxic to rats given a
single oral dose by gavage [median lethal dose (LD50) >5,000
milligrams/kilograms (mg/kg) body weight (bw), Toxicity Category IV].
    3. Acute Dermal Toxicity (OCSPP Guideline 870.1200; MRID 48005021):
Bacillus pumilus GHA180 was not toxic to rats when applied to the skin
(LD50 >5050 mg/kg bw, Toxicity Category IV).
    4. Acute Inhalation Toxicity (OCSPP Guideline 870.1300; MRID
48005022): No signs of toxicity or other adverse effects occurred in
rats exposed nose-only to an aerosol containing Bacillus pumilus GHA
180 Technical Grade of the Active Ingredient (TGAI) (2.18 mg/L) for 4
hours (LC50 >2.18 mg/L, EPA Toxicity Category IV).
    5. Acute Eye Irritation (OCSPP Guideline 870.2400; MRID 48005023):
Bacillus pumilus GHA 180 was mildly irritating to the eyes of rabbits
(Toxicity Category III).
    6. Primary Dermal Irritation (OCSPP Guideline 870.2500; MRID
48005024): Bacillus pumilus GHA 180 TGAI was nonirritating to the skin
of rabbits (Toxicity Category IV).

IV. Aggregate Exposures

    In examining aggregate exposure, FFDCA section 408 directs EPA to
consider available information concerning exposures from the pesticide
residue in food and all other non-occupational exposures, including
drinking water from ground water or surface water and exposure through
pesticide use in gardens, lawns, or buildings (residential and other
indoor uses).

A. Dietary Exposure

    1. Food. Bacillus species, including Bacillus pumilus, are common
in soils (Ref. 2). Dried food, such as spices, milk powder and grains,
often contain large amounts of Bacillus spores (Ref. 3), and Bacillus
pumilus is a natural component of fermented fish sauce and cocoa bean
fermentations (Ref. 4). Bacillus pumilus strain GHA 180 is not known to
produce mammalian toxins, and no foodborne disease outbreaks have been
reported. Based on the results of toxicity studies conducted with
Bacillus pumilus strain GHA 180 TGAI, no toxicity, infectivity,
pathogenicity or other adverse effects from dietary exposure to this
bacterium from its pesticide uses are expected (see Unit III.).
    2. Drinking water exposure. According to the World Health
Organization, Bacillus species are often detected in drinking water
even after going through disinfection processes at water treatment
facilities (Ref. 5). If residues of Bacillus pumilus GHA 180 occur in
drinking water from its pesticide uses, no adverse effects are expected
based on the results of toxicity studies described in Unit III.

B. Other Non-Occupational Exposure

    Pesticide products with the active ingredient Bacillus pumilus
strain GHA 180 are only used in greenhouses and contained nurseries.
Non-occupational exposures may occur in populations that access
residential greenhouses and apply these pesticide products or handle
soils that have been treated with Bacillus pumilus GHA 180. The
personal protective equipment indicated on the label are expected to be
adequate

to minimize human exposure to those handling pesticide products
containing Bacillus pumilus GHA 180. Should human exposure occur,
however, no adverse effects are expected based on the lack of toxicity,
infectivity and pathogenicity in the studies described in Unit III.

V. 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 Bacillus pumilus strain GHA 180 to share a common
mechanism of toxicity with any other substances, and Bacillus pumilus
strain GHA 180 does not appear to produce a toxic metabolite produced
by other substances. For the purposes of this tolerance action,
therefore, EPA has assumed that Bacillus pumilus strain GHA 180 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 Web site at http://www.epa.gov/pesticides/cumulative.

VI. Determination of Safety for U.S. Population, Infants and Children

    FFDCA section 408(b)(2)(C) provides that EPA shall assess the
available information about consumption patterns among infants and
children, special susceptibility of infants and children to pesticide
chemical residues, and the cumulative effects on infants and children
of the residues and other substances with a common mechanism of
toxicity. In addition, FFDCA section 408(b)(2)(C) 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 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. 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.
    Based on the acute toxicity and pathogenicity data summarized in
Unit III., EPA concludes that there is a reasonable certainty that no
harm will result to the U.S. population, including infants and
children, from aggregate exposure to the residues of Bacillus pumilus
strain GHA180. This includes all anticipated dietary exposures and all
other exposures for which there is reliable information. EPA has
arrived at this conclusion because the data and information available
on Bacillus pumilus strain GHA 180 does not demonstrate toxic,
pathogenic, and/or infective potential to mammals. Because there are no
threshold effects of concern, the provision requiring an additional
margin of safety does not apply.

VII. Other Considerations

A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.

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 United Nations
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 a MRL for Bacillus pumilus strain GHA
180.

VIII. Conclusions

    Therefore, an exemption is established for residues of Bacillus
pumilus strain GHA180 in or on all food commodities when used in
accordance with good agricultural practices.

IX. References

1. U.S. EPA. February 2012. Draft Biopesticides Registration Action
Document of Bacillus pumilus strain GHA 180.
2. Logan, N.A., and P. de Vos. 2009. Genus I. Bacillus, pp. 21-128
In: P. de Vos, G.M. Garrity, D. Jones, N.R. Krieg, W. Ludwig, F.A.
Rainey, K.H. Schleifer, and W. Whitman (Eds.) Bergey's Manual of
Systematic Bacteriology, Volume 3, 2nd Ed. Springer, New York.
3. Murray, P.R, et al., Manual of Clinical Microbiology. Washington,
D. C.: ASM Press; 9th edition, 2007.
4. Doyle, M.P., L.R. Beuchat and T.J. Montville. 1997. Food
Microbiology: Fundamentals and Frontiers. American Society for
Microbiology, Washington, DC
5. World Health Organization, Guidelines for Drinking-water Quality.
(2011) Fourth Edition.

X. Statutory and Executive Order Reviews

    This final rule establishes an exemption from the requirement of a
tolerance 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 FFDCA section 408(d), such as the tolerance
exemption 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.

XI. 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: March 15, 2012.
Marty Monell,
Acting Director, Office of Pesticide Programs.

    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 180.1313 is added to subpart D to read as follows:

Sec.  180.1313  Bacillus pumilus strain GHA 180; exemption from the
requirement of a tolerance.

    An exemption from the requirement of a tolerance is established for
residues of Bacillus pumilus strain GHA 180 in or on all food
commodities when used in accordance with good agricultural practices.

[FR Doc. 2012-7490 Filed 3-29-12; 8:45 am]
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