[Federal Register Volume 79, Number 150 (Tuesday, August 5, 2014)]
[Notices]
[Pages 45515-45521]
[FR Doc No: 2014-18376]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72700; File No. SR-BX-2014-038]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Short Term Options Series

July 29, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\, and Rule 19b-4 \2\ thereunder, notice is hereby given
that, on July 25, 2014, NASDAQ OMX BX, Inc. (``BX'' or ``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 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 amend certain Exchange rules pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \3\
and Rule 19b-4 thereunder,\4\ to: (i) Expand the Short Term Option
Program (``STO Program'' or ``Program'') \5\ so that the Exchange may
change the current thirty option class limitation to fifty option
classes on which STOs may be opened; (ii) list or add STOs within fifty
percent (50%) above or below the closing price of the underlying
security from the preceding day if the price of the underlying security
is greater than $20, or within one hundred percent (100%) above or
below the closing price of the underlying security from the preceding
day if the price of the underlying security is less than or equal to
$20; (iii) open up to thirty STO series for each expiration date in an
STO class; (iv) add additional STO strike price intervals to give the
Exchange the ability to initiate strike prices in more granular
intervals; (v) provide for the ability to open up to five consecutive
expirations under the STO Program; (vi) introduce finer strike price
intervals for standard expiration contracts in option classes that also
have STOs listed on them (``related non-STOs'' or ``related non-Short
Term Options''); (vii) add delisting provisions; and (viii) in general
harmonize the different parts of the Program.
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    \3\ 15 U.S.C. 78s(b)(1).
    \4\ 17 CFR 240.19b-4.
    \5\ STOs, also known as ``weekly options'' as well as ``Short
Term Options'', are series in an options class that are approved for
listing and trading on the Exchange in which the series are opened
for trading on any Thursday or Friday that is a business day and
that expire on the Friday of the next business week. If a Thursday
or Friday is not a business day, the series may be opened (or shall
expire) on the first business day immediately prior to that Thursday
or Friday, respectively. Chapter IV at Section 6, Supplementary
Material .07 governs rules for STO Program rules regarding non-index
options. Chapter XIV, Section 11 governs rules for STO Program rules
regarding index options, which are not implicated by this proposal.
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    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxbx.cchwallstreet.com, at the

principal office of the Exchange, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the 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 purpose of the proposed rule change is to amend Chapter IV,
Section 6 to expand the STO Program for non-index options so that the
Exchange may change the current thirty option class limitation to fifty
options classes on which STOs may be opened; list or add STOs within
fifty percent (50%) above or below the price of the underlying security
\6\ from the preceding day if the price of the underlying security is
greater than $20, or within one hundred percent (100%) above or below
the price of the underlying security from the preceding day if the
price of the underlying security is less than or equal to $20; open up
to thirty STO series for each expiration date in an STO class; add
additional STO strike price intervals to give the Exchange the ability
to initiate strike prices in more granular intervals; provide for the
ability to open up to five consecutive expirations under the STO
Program; introduce finer strike price intervals for standard expiration
contracts in option classes that also have STOs listed on them
(``related non-STOs'' or ``related non-Short Term Options''); add
delisting provisions; and in general harmonize the different parts of
the Program.
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    \6\ The price of the underlying security will be calculated
commensurate with Supplementary Material .06(a) to Chapter IV,
Section 6.
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    The STO Program, which was initiated in 2010,\7\ is codified in the
Supplementary Material to Section 6 of Chapter IV at .07 for non-index
options including equity, currency, and exchange traded fund (``ETF'')
options.\8\ These sections currently state that after an option class
has been approved for listing and trading on the Exchange, the Exchange
may open for trading on any Thursday or Friday that is a business day
series of options on no more than thirty option classes that expire on
the Friday of the following business week that is a business day.\9\ In
addition to the thirty option class limitation, there is also a
limitation that no more than twenty series for each expiration date in
those classes may be opened for trading.\10\ Furthermore, the strike
price of each STO has to be fixed with approximately the same number of
strike prices being opened above and below the value of the underlying
security at about the time that the STOs are initially opened for
trading on the Exchange, and with strike prices being within thirty
percent (30%) above or below the closing price of the underlying
security from the preceding day.\11\ The Exchange proposes in part to
increase the number of STO classes that may be opened, match the
opening of initial and additional STO strikes to what is permissible
per the OLPP,\12\ add new strike prices increments that may be used in
the STO Program, and in general harmonize the different parts of the
Program (e.g., initial listings and additional series).
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    \7\ See Securities Exchange Act Release No. 62505 (July 15,
2010), 75 FR 42792 (July 22, 2010) (SR-BX-2010-047) (notice of
filing and immediate effectiveness to establish a Short Term Options
Program).
    \8\ The Exchange does not by this filing propose any changes to
Chapter XIV, Section 11 related to the STO Program for index
options.
    \9\ The increase in the number of option issues that could be
opened pursuant to the STO Program was approved in 2011. See
Securities Exchange Act Release No. 65776 (November 17, 2011), 76 FR
72482 (November 23, 2011) (SR-Phlx-2011-131) (approval order). See
also Phlx Rule 1012 at Commentary .11(a).
    \10\ However, if the Exchange opens less than twenty (20) STOs
for a Short Term Option Expiration Date, additional series may be
opened for trading on the Exchange when the Exchange deems it
necessary to maintain an orderly market, to meet customer demand or
when the market price of the underlying security moves substantially
from the exercise price or prices of the series already opened. Any
additional strike prices listed by the Exchange shall be within
thirty percent (30%) above or below the current price of the
underlying security. The Exchange may also open additional strike
prices of Short Term Option Series that are more than 30% above or
below the current price of the underlying security provided that
demonstrated customer interest exists for such series, as expressed
by institutional, corporate or individual customers or their
brokers. Market-makers trading for their own account shall not be
considered when determining customer interest under this provision.
The opening of the new Short Term Option Series shall not affect the
series of options of the same class previously opened. Supplementary
Material .07(d) to Chapter IV, Section 6. The Exchange proposes, as
discussed below, to change twenty (20) Short Term Option Series to
thirty (30) Short Term Option Series to achieve consistency with
other proposed rule changes.
    \11\ See Supplementary Material .07(d) of Chapter IV, Section 6.
    \12\ The full name of the OLPP (which is applicable to all
option exchanges) is Plan For The Purpose of Developing and
Implementing Procedures Designed to Facilitate the Listing and
Trading of Standardized Options Submitted Pursuant to Section
11A(a)(3)(B) of the Securities Exchange Act of 1934. With regard to
the listing of new series on equity, ETF, or trust issued receipt
(``TIRs'') option classes, subsection 3.(g)(i) of the OLPP states,
in relevant part, that the exercise price of each option series
listed by an exchange that chooses to list a series of options
(known as the Series Selecting Exchange) shall be fixed at a price
per share which is reasonably close to the price of the underlying
equity security, ETF, or TIR at or about the time the Series
Selecting Exchange determines to list such series. Except as
provided in subparagraphs (ii) through (iv) of the OLPP, if the
price of the underlying security is less than or equal to $20, the
Series Selecting Exchange shall not list new option series with an
exercise price more than 100% above or below the price of the
underlying security. If the price of the underlying security is
greater than $20, the Series Selecting Exchange shall not list new
option series with an exercise price more than 50% above or below
the price of the underlying security. Subsection 3.(g)(i) of the
OLPP indicates that an option series price has to be reasonably
close to the price of the underlying security and must not exceed a
maximum of 50% or 100%, depending on the price, from the underlying.
The Exchange's proposal related to non-index options, while
conforming to the current structure of the Exchange's STO rules, is
similar in practical effect to the noted OLPP subsection.
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The Proposal
    First, the Exchange proposes to increase the number of STO classes
that may be opened after an option class has been approved for listing
and trading on the Exchange. Specifically, the Exchange proposes in
Supplementary Material .07(a) of Chapter IV, Section 6 that the
Exchange may select up to fifty currently listed option classes on
which Short Term Option Series may be opened. The Exchange proposes
also that for each option class eligible for participation in the STO
Program, the Exchange may open up to thirty STO Series for each
expiration date in that class.\13\ The Exchange believes that this
proposed moderate increase is needed and advisable in light of the
demonstrated acceptance and popularity of the STO Program among market
participants, as discussed below.
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    \13\ The current limitation is up to thirty currently listed
option classes and up to twenty series for each expiration date in
an STO class. See Supplementary Material .07(a) of Chapter IV,
Section 6. The Exchange is proposing to include language in the rule
that indicates that the addition of strike prices of STOs that are
more than 50% above or below the current value of the underlying
security (if the price is greater than $20) must comply with the
OLPP. The Exchange notes that the number of classes that may
participate in the STOS Program is aggregated between equity options
and index options and is not apportioned between equity options and
index options.
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    Second, the Exchange proposes to indicate under what circumstances,
subsequent to opening initial STO classes, additional STO strike prices

may be added. Specifically, the Exchange proposes in Supplementary
Material .07(c) to Chapter IV, Section 6 that any initial series listed
by the Exchange shall be reasonably close to the price of the
underlying equity security and within the following parameters: (i) If
the price of the underlying security is less than or equal to $20,
additional strike prices shall be not more than one hundred percent
(100%) above or below the price of the underlying security; and (ii) if
the price of the underlying security is greater than $20, additional
strike prices shall be not more than fifty percent (50%) above or below
the price of the underlying security. This proposal is in line with the
process for adding new series of options found in subsection 3(g)(i) of
the OLPP, and harmonizes the Program internally. The Exchange believes
that this proposal is a reasonable and desirable enhancement to the STO
Program.
    Third, the Exchange proposes changes to Supplementary Material
.07(d) to Chapter IV, Section 6 to indicate that any additional strike
prices listed by the Exchange shall be reasonably close to the price of
the underlying equity security and within the following parameters: (i)
If the price of the underlying security is less than or equal to $20,
additional strike prices shall be not more than one hundred percent
(100%) above or below the price of the underlying security; and (ii) if
the price of the underlying security is greater than $20, additional
strike prices shall be not more than fifty percent (50%) above or below
the price of the underlying security. This is done so that the
parameters for opening STOs and adding strike prices are in conformity.
The Exchange proposes additional changes to Supplementary Material
.07(d) to Chapter IV, Section 6 to indicate that if the Exchange has
opened less than thirty (30) Short Term Option Series for a Short Term
Option Expiration Date, the Exchange may also open additional strike
prices of Short Term Option Series that are more than 50% above or
below the current price of the underlying security (if the price is
greater than $20); provided that demonstrated customer interest exists
for such series, as expressed by institutional, corporate or individual
customers or their brokers. Market Makers trading for their own account
are not considered when determining customer interest.\14\ This is done
to conform the additional strike price methodology with the proposed
50% listing standard in the same subsections, and to ensure that the
opening 30 Short Term Option Series language is consistent with other
proposed changes,\15\ while retaining the demonstrated interest
language that may be useful in unforeseen circumstances.
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    \14\ Supplementary Material .06(a) to Chapter IV, Section 6
currently states that if the price of the underlying security is
greater than $20, the Exchange shall not list new option series with
an exercise price more than 50% above or below the price of the
underlying security. Immediately before this language, the Exchange
proposes to also add a carve-out that states: ``Except as provided
in Supplementary Material to Section 6 at .07(d) . . .''
    \15\ The Exchange believes that the 100% standard proposed for
initial listings where the price of the underlying is below $20 is
adequate and does not need to be repeated for additional series
adds.
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    Fourth, the Exchange proposes to add language to provide for
circumstances where the underlying security has moved such that there
are no series that are at least 10% above or below the current price of
the underlying security, the Exchange is proposing to add new language
to Chapter IV, Section 6 at Supplementary Material .07(d) to provide
that in the event that the underlying security has moved such that
there are no series that are at least 10% above or below the current
price of the underlying security, the Exchange will delist any series
with no open interest in both the call and the put series having a: (i)
Strike higher than the highest price with open interest in the put and/
or call series for a given expiration week; and (ii) strike lower than
the lowest strike price with open interest in the put and/or the call
series for a given expiration week. The opening of the new Short Term
Option Series shall not affect the series of options of the same class
previously opened. This language will conform these rules to other
exchange rules.\16\
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    \16\ See Securities Exchange Act Release Nos. 70116 (August 5,
2013), 78 FR 48754 (August 9, 2013) (SR-Phlx-2013-79) and 71004
(December 6, 2013), 78 FR 75437 (December 11, 2013) (SR-Phlx-2013-
101). See also Phlx Rule 1012, Commentary .11(d).
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    Fifth, the Exchange proposes to indicate that the interval between
strike prices and STOs listed in accordance with the STO Program may be
(i) $0.50 or greater where the strike price is less than $75, and $1 or
greater where the strike price is between $75 and $150 for all classes
that participate in the Short Term Options Series Program;\17\ (ii)
$0.50 for classes that trade in one dollar increments in Related non-
Short Term Options and that participate in the Short Term Option Series
Program; or (iii) $2.50 or greater where the strike price is above
$150. Related non-Short Term Option series shall be opened during the
month prior to the expiration of such Related non-Short Term Option
series in the same manner as permitted in Supplementary Material to
Section 6 at .07 and in the same strike price intervals that are
permitted in Supplementary Material to Section 6 at .07.
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    \17\ STO strike price intervals may also be in $1 increments in
Related non-STOs that participate in the STO Program.
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    The principal reason for the proposed expansion is in response to
market and customer demand to list actively traded products in more
granular strike price intervals and to provide Exchange members and
their customers increased trading opportunities in the Short Term
Option Program, which is one of the most popular and quickly-expanding
options expiration programs.\18\ The Exchange has observed increased
demand for STO classes and/or series, particularly when market moving
events such as significant market volatility, corporate events, or
large market, sector, or individual issue price swings have occurred.
There are substantial benefits to market participants in the ability to
trade eligible option classes at more granular strike price intervals.
Furthermore, the Exchange supports the objective of responding to
customer demand for harmonized listing between STO and Related non-
Short Term Options and the availability of more granular strike price
intervals.
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    \18\ Since the inception of the Short Term Options Series
Program, it has steadily expanded to the point that by the end of
2012, STOs represented 7% of the total options volume on the
Exchange and 13% of the total options volume in the United States.
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    For example, assume ABC is trading at $56.54 and the monthly
expiration contract is three weeks to expiration. Assume also that the
Exchange has listed all available STO expirations and thus has STOs
listed on ABC for weeks one, two, four, five, and six. Each of the five
weekly ABC expiration dates can be listed with strike prices in $0.50
intervals, including, for example, the $56.50 at-the-money strike.
Because the monthly expiration contract has three weeks to expiration,
however, the near-the-money strikes must be listed in $5 intervals
unless those options are eligible for one of the Exchange's other
strike price programs. In this instance, that would mean that investors
would be limited to choosing, for example, between the $55 and $60
strike prices instead of the $56.50 at-the-money strike available for
STOs. This is the case even though contracts on the same option class
that expire both several weeks before and several weeks after the
monthly expiration are eligible for finer strike price intervals. Under
the proposed rule change, the Exchange would be permitted to list the
related non-short term option on ABC, which is

less than a month to expiration, in the same strike price intervals as
allowed for STOs. Thus, the Exchange would be able to list, and
investors would be able to trade, all expirations described above with
the same uniform $0.50 strike price interval.
    As proposed, the Exchange would be permitted to begin listing the
monthly expiration contract in these narrower intervals at any time
during the month prior to expiration, which begins on the first trading
day after the prior month's expiration date, subject to the provisions
of Exchange rules. For example, since the August 2014 monthly option
will expire on Saturday, August 16, the proposed rule change will allow
the Exchange to list the August 2014 monthly option in short term
option intervals starting Monday, July 21. This language will conform
these rules to other exchange rules.\19\ The Exchange proposes to amend
Chapter IV, Section 6(d)(vi) to amend the strike price interval setting
parameters for Related non-Short Term Option series. Specifically, the
Exchange proposes to add rule text which states, ``notwithstanding any
other provision regarding strike prices in Chapter IV, Section 6, non-
Short Term Options that are on a class that has been selected to
participate in the Short Term Option Series Program (referred to as a
``Related non-Short Term Option series'') shall be opened during the
month prior to expiration in the same manner as permitted in
Supplementary Material .07 to Chapter IV, Section 6 and in the same
strike price intervals that are permitted in Supplementary Material .07
to Chapter IV, Section 6.'' This language is similar to Phlx rule
text.\20\
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    \19\ See Securities Exchange Act Release Nos. 67753 (August 29,
2012), 77FR 54635 (September 5, 2012) (SR-Phlx-2012-78); 69633 (May
23, 2013), 78 FR 32498 (May 30, 2013) (SR-Phlx-2013-55); 71004
(December 6, 2013), 78 FR 75437 (December 11, 2013) (SR-Phlx-2013-
101); and 72504 (July 1, 2014), 79 FR 38628 (July 8, 2014) (SR-Phlx-
2014-41).
    \20\ See Rule 1012 at Commentary .11(e).
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    Sixth, the Exchange is proposing to amend Supplementary Material
.07 of Chapter IV, Section 6 to open up to five consecutive expirations
under the STO Program for trading on the Exchange to allow for the
Exchange to delist any series in the STOs that do not have open
interest, and to expand the number of series of STOs under limited
circumstances. This proposal seeks to allow the Exchange to open STO
series for up to five consecutive week expirations. However, a STO
expiration will not be added in the same week that a monthly options
series expires or, in the case of a Quarterly Options Series
(``QOS''),\21\ on an expiration that coincides with an expiration of
QOS on the same class. In other words, the total number of consecutive
expirations will be five, including existing monthly or quarterly
expirations.\22\ The Exchange believes that the current proposed
revision to the STO Program will permit the Exchange to meet increased
customer demand. The proposed revision will also provide market
participants with the ability to trade and hedge in a greater number of
option classes and series.
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    \21\ See Supplementary Material .04 to Chapter IV, Section 6 for
a discussion of Quarterly Options Series.
    \22\ For example, if QOS expire week 1 and monthly options
expire week 3 from now, the proposal would allow the following
expirations: Week 1 QOS, week 2 STOs, week 3 monthly, week 4 STOs,
and week 5 STOs. If QOS expire week 3 and monthly options expire
week 5, the following expirations would be allowed: Week 1 STOs,
week 2 STOs, week 3 QOS, week 4 STOs, and week 5 monthly.
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    All options exchanges that have weeklies programs have similar
rules regarding their own programs, and tend to emulate STO changes
that are initiated by other options exchanges. The Exchange recognizes
that while this may result in a potentially increased combined capacity
footprint of exchanges with weeklies programs, the specific beneficial
changes proposed in this filing greatly outweigh any such potential
impact.
    The principal reason for the proposed expansion is market demand
for additional STO classes and series and a desire to make the STO
Program more effective. There is continuing strong customer demand for
having the ability to execute hedging and trading strategies via STOs,
particularly in the current fast and volatile multi-faceted trading and
investing environment that extends across numerous markets and
platforms \23\ and includes market moving events such as significant
market volatility, corporate events, or large market, sector, or
individual issue price swings. The Exchange has been requested by
traders and other market participants to expand the STO Program to
allow additional STO offerings and increased efficiency.
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    \23\ These include, without limitation, options, equities,
futures, derivatives, indexes, ETFs, exchange traded notes,
currencies, and over the counter instruments.
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    In order that the Exchange not exceed the current thirty option
class and twenty option series restriction, the Exchange has on
occasion had to turn away STO customers (traders and investors) because
it could not list, or had to delist, STOs or could not open adequate
STO Series because of restrictions in the STO Program. This has
negatively impacted investors and traders, particularly retail public
customers, who have continued to request the Exchange not to remove STO
classes or add STO classes, or have requested the Exchange to expand
the STO Program so that additional STO classes and series could be
opened that would allow the market participants to execute trading and
hedging strategies.\24\ There are, as discussed, substantial benefits
to market participants having the ability to trade eligible option
classes within the STO Program. Furthermore, the Exchange supports the
objective of responding to customer need to enhance successful programs
to make them more efficient for hedging and trading purposes.
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    \24\ Phlx noted, in its STO Program expansion proposal in 2011,
that it was requested by a retail investor to reinstate an STO class
that the Exchange had to remove from trading because of the class
option limitation within the Program. The investor told the Exchange
that he had used the removed class as a powerful tool for hedging a
market sector, and that various strategies that the investor put
into play were disrupted and eliminated when the class was removed.
See Securities Exchange Act Release No. 65776 (November 17, 2011),
76 FR 72482 (November 23, 2011)(SR-Phlx-2011-131)(order approving
opening STO series on 30 option classes).
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    The Exchange notes that the STO Program has been well-received by
market participants, in particular by retail investors. The volume of
STO trading has increased by 132% since the beginning of 2011 \25\ and
continues to grow, such that currently STOs represent 20% of trading
volume on the Exchange and 31% of trading volume across all option
exchanges.\26\ The Exchange believes that weekly expiration options
will continue to grow in importance for all market participants,
including institutional and retail investors.\27\
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    \25\ Since the STO Program was initiated in 2010 on the Exchange
and other markets (some of which were established after the STO
Program was initiated), STO Program volume has expanded by more than
3000%.
    \26\ During the same period of time, however, the volume of
standard monthly options across all exchanges has, on the other
hand, declined by 28%.
    \27\ The current STO Program, which is similar across all
options markets that have weeklies programs, is in its current
formulation one of the more challenging industry-wide listings
program to administer. Recognizing the importance of the Program,
the Exchange is seeking to improve the Program for non-index STOs by
making it more uniform and logical.
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    The proposed revisions to the STO Program will permit the Exchange
to meet customer demand for better STO Program use and efficiency,
harmonization of OLPP and STO Program rules, internal harmonization of
the STO Program, and a reasonable expansion of strike price intervals
in the Program.

    By way of example, if an investor wants to gain exposure to a
relatively higher priced security like GOOGL, he may invest in GOOGL
stock and/or GOOGL options. Currently, the investor must choose a
strike price that might lack the precision he is looking for in order
to gain or reduce exposure to GOOGL. If the investor is looking to
invest in a long position in GOOGL, for example, he may choose to
execute a covered call strategy by selling calls on GOOGL. Assume GOOGL
is trading at $415. Under the current rules the nearest out of the
money STO call would be the $420.00 strike, which would, with one week
until expiration, trade at or about $2.15. If the $417.50 strike were
available per this proposal, however, the investor could sell calls at
approximately $3.15. This would allow the investor to still execute an
out of the money covered call strategy, but would increase the
potential return by $1, or approximately 46% ($1/$2.15), thus offering
approximately 46% additional risk protection. To the investor writing
covered calls on his GOOGL equity position, this extra risk protection
could be very significant on an annual basis, and costly if not
available.
    By way of a second example, if an investor wants to gain exposure
to a lower priced security like Banc of America (BAC), he may invest in
BAC stock and/or options. Assume BAC is trading at $14.60. The investor
may have established a long position in a non-STO BAC option like, for
example, the standard expiration BAC Aug 17th 1.00 calls. To offset
some of the risk the investor possesses in the BAC Aug 17th 1.00 calls,
the investor may wish to make a corresponding trade in the BAC Aug 10th
(STO) 1.00 call. Currently, the investor does not have this risk
reduction strategy available to him, as the current BAC STO does not
have available strikes. The proposal would correct this shortcoming.
    By way of further example, in a lower priced stock such as BAC
there may be a need for tighter strike price intervals in case of a
precipitous drop in price. Assume BAC is trading at $14.60. Assume BAC
announces a large loss, and the stock price drops to $6. The Exchange
believes that investors should have the ability to use calls or puts
with a more targeted strike price to attain proper risk protection--one
of the great advantages of options. Because current STO rules do not
allow a strike price below $9.50 in the BAC STO, however, an investor
looking to purchase out of the money put protection for a short period
of time, and at a lower premium than a longer term option, is not able
to do so. BAC $9.50 strike puts would trade at a premium of about $3.50
or more, and would require the investor to sell or exercise his puts by
expiration if they remained in the money. An Aug 10th $5.00 out of the
money STO option in BAC, on the other hand, would trade a much more
affordable premium due to being out of the money, and would only
require the investor to sell or exercise his put if the BAC stock price
continued its precipitous drop. Clearly, the ability to make more
targeted and efficient decisions regarding the protection of
investments is of great importance to investments and market
participants, and should be encouraged.
    Following are illustrations of the STO listing process per the
rules as proposed. Assume that the Alcoa Inc. (AA) STO closes at $7.92.
Pursuant to the proposed rule, STOs may be added between $1 and $15.50
(half point strike intervals are currently permitted where the strike
price is below $75). On day one, the maximum number of Short Term
Option Series that may be listed are thirty. If the Exchange opens less
than thirty Short Term Option Series, additional series may be added as
the underlying price moves. If the AA price moves to $10, additional
series can be added as high as $20 (100% above the underlying price).
If the AA price moves to $5, additional lower strikes would not be
added, since the initial strikes go as low as possible ($1). Or, assume
that the McDonald's Corporation (MCD) STO closes at $96.26. Pursuant to
the proposed rule, Short Term Options Series may be added between $49
and $144 (in $0.50 and $1 intervals). On day one, no more than thirty
Short Term Option Series may be listed. If the Exchange opens less than
thirty Short Term Option Series, additional series may be added as the
underlying price moves. If the MCD price moves to $105, additional
series can be added as high as $155 (50% above the underlying price).
If the MCD price moves to $87, additional lower strikes can be added as
low as $43.50. To list strikes above the 50% threshold, however, there
must be demonstrated customer interest for such series, as expressed by
institutional, corporate or individual customers or their brokers.
    Following are illustrations of the STO delisting process per the
rules as proposed. Series delisting would occur under the proposed rule
if the stock price moves and there are no series at least 10% above/
below the current price. Assume AA closed at $7.92 and strikes were
listed between $1 and $15. If the AA price moved to $15, and there were
no strikes at $16.50 or above (at least 10% above the current price),
the delisting process would begin. For the delisting process, staff
would simply need to check what, if any, strikes are higher than the
highest strike with open interest, and lower than the lowest strike
with open interest. Unlike the current delisting process, there would
be no need to check whether strikes were within a listing band (e.g.,
10% to 30%). Or, assume that MCD closed at $96.26 and strikes were
listed between $82 and $110. If the MCD price moved to $104, and there
were no strikes at $115 or above (at least 10% above the current
price), the delisting process would begin. For the delisting process,
staff would simply need to check what strikes are higher than the
highest strike with open interest, and lower than the lowest strike
with open interest.
    With regard to the impact of this proposal on system capacity, the
Exchange has analyzed its capacity and represents that it and the
Options Price Reporting Authority (``OPRA'') have the necessary systems
capacity to handle any potential additional traffic associated with
this current amendment to the STO Program. The Exchange believes that
its members will not have a capacity issue as a result of this
proposal. The Exchange represents that it will monitor the trading
volume associated with the additional options series listed as a result
of this proposal and the effect (if any) of these additional series on
market fragmentation and on the capacity of the Exchange's automated
systems.\28\
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    \28\ As noted previously, because the STO Program is an
industry-wide program, exchanges tend to emulate the rule filings of
one another. The Exchange recognizes that while this may result in a
potentially increased combined capacity footprint of exchanges with
weeklies programs, the Exchange believes that the specific
beneficial changes proposed in this filing greatly outweigh any such
potential impact.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \29\ in general, and furthers the objectives of Section
6(b)(5) of the Act \30\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest.
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    \29\ 15 U.S.C. 78f(b).
    \30\ 15 U.S.C. 78f(b)(5).
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    Expanding the classes and additional series that can be opened in
the STO Program, simplifying the delisting

process, and allowing $2.50 strike price intervals will result in a
continuing benefit to investors by giving them more flexibility to
closely tailor their investment and hedging decisions in greater number
of securities. Further, the amended rules will allow the Exchange to
initiate strike prices in more granular intervals for STOs, which will
benefit investors by providing them with the flexibility to more
closely tailor their investment and hedging decisions. The Exchange
also believes that it is reasonable to harmonize strike prices between
STOs and Related non-Short Term Options during expiration month for
Related non-Short Term Options, because doing so will ensure conformity
between STOs and Related non-Short Term Options that are on the same
class. While the proposed rule change may generate additional quote
traffic, the Exchange does not believe that any increased traffic will
become unmanageable since the proposal remains limited to a fixed
number of classes. The Exchange also believes that the proposed rule
change will ensure competition because it will allow the Exchange to
initiate series in the same strike intervals as ISE, CBOE and other
options exchanges.\31\
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    \31\ See ISE Rule 504, CBOE Rule 5.5 and Phlx Rule 1012.
---------------------------------------------------------------------------

    The STO Program has been well-received by market participants and
in particular by retail investors and has seen increasing trading
volume. The Exchange believes that the current proposed revisions to
the STO Program will permit the Exchange to meet customer demand for
enhanced STO Program use and efficiency, harmonization of OLPP and STO
Program rules, and a reasonable expansion of strike price intervals in
the Program to the benefit of investors, market participants, and the
marketplace.
    With regard to the impact of this proposal on system capacity, the
Exchange believes that it and OPRA have the necessary systems capacity
to handle any potential additional traffic associated with this current
amendment to the STO Program. The Exchange believes that its members
will not have a capacity issue as a result of this proposal. All
exchanges that have STO programs have largely similar STO rules and
tend to emulate STO rule changes proposals initiated by other
exchanges. While the Exchange recognizes that this proposal may be
copied by other exchanges and impact their capacity, the Exchange
believes that any such potential capacity impact will not outweigh (and
does not outweigh for the Exchange) the significant benefits that this
proposal will afford market participants and the market in general in
terms of significantly greater flexibility and increases in efficient
trading and hedging options.
    The proposed revisions to the STO Program will permit the Exchange
to meet customer demand for better STO Program use and efficiency,
harmonization of OLPP and STO Program rules, internal harmonization of
the STO Program, and a reasonable expansion of strike price intervals
in the Program.
    The Exchange believes that the ability to delist series with no
open interest in both the call and the put series will benefit
investors by devoting the STO cap to those series that are more closely
tailored to the investment decisions and hedging decisions of
investors.
    Finally, as noted herein, standard expiration options currently
trade in wider intervals than their weekly counterparts, except during
the week prior to expiration. This creates a situation where contracts
on the same option class that expire both several weeks before and
several weeks after the standard expiration are eligible to trade in
strike price intervals that the standard expiration contract is not.
There is continuing strong customer demand to have the ability to
execute hedging and trading strategies in the finer strike price
intervals available in STOs, and the Exchange believes that the
proposed rule change will increase market efficiency by harmonizing
strike price intervals for contracts that are close to expiration,
whether those contracts happen to be listed pursuant to weekly or
monthly expiration cycles.

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. To the contrary, the
Exchange believes that the proposal is decidedly pro-competitive. The
Exchange believes that the proposed rule change will result in
additional investment options and opportunities to achieve the
investment objectives of market participants seeking efficient trading
and hedging vehicles, to the benefit of investors, market participants,
and the marketplace in general.

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 significantly
affect the protection of investors or the public interest; does not
impose any significant burden on competition; and by its terms does not
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) \32\ of the Act and Rule 19b-
4(f)(6)(iii) thereunder.\33\
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    \32\ 15 U.S.C. 78s(b)(3)(A).
    \33\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    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-2014-038 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-2014-038. 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 Web site (http://www.sec.gov/rules/sro.shtml). Copies of the
submission, all subsequent amendments, all written statements with
respect to the proposed rule change that are filed with the Commission,
and all written communications relating to the proposed rule change
between the Commission and any person, other than those that may be
withheld from the public in accordance with the provisions of 5 U.S.C.
552, will be available for Web site viewing and printing in the
Commission's Public Reference Room, 100 F Street NE., Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the 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-BX-2014-038 and should be
submitted on or before August 26, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\34\
---------------------------------------------------------------------------

    \34\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-18376 Filed 8-4-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 250 (Tuesday, December 31, 2019)]
[Notices]
[Page 72348]
[FR Doc No: 2019-28260]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3273-024]

Notice Soliciting Scoping Comments; Chittenden Falls Hydropower,
Inc.

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Subsequent Minor License.
    b. Project No.: 3273-024.
    c. Date filed: May 31, 2019.
    d. Applicant: Chittenden Falls Hydropower, Inc. (Chittenden Falls
Hydro).
    e. Name of Project: Chittenden Falls Hydropower Project.
    f. Location: On Kinderhook Creek, near the Town of Stockport,
Columbia County, New York. The project does not occupy federal land.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Mark Boumansour, Chief Operating Officer,
Gravity Renewables, Inc., 1401 Walnut Street, Suite 420, Boulder, CO
80302;<PHONE_NUMBER><EMAIL_ADDRESS>and/or Celeste N.
Fay, Regulatory Manager, Gravity Renewables, Inc., 5 Dartmouth Drive,
Suite 104, Auburn, NH 03032;<PHONE_NUMBER>;
<EMAIL_ADDRESS>    i. FERC Contact: Monir Chowdhury at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Deadline for filing scoping comments: 30 days from the issuance
date of this notice.
    The Commission strongly encourages electronic filing. Please file
scoping comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-3273-024.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application is not ready for environmental analysis at this
time.
    l. Project Description:
    The existing Chittenden Falls Hydropower Project consists of: (1)
An approximately 4-foot-high, 320-foot-long concrete gravity dam,
topped with 2-foot-high wooden flashboards, and having a dam crest
elevation of 59.6 feet National Geodetic Vertical Datum of 1929
(NGVD29); (2) a reservoir with a surface area of about 18 acres and a
storage capacity of 63 acre-feet at a normal pool elevation of 61.6
feet NGVD29; (3) an 8-foot-wide, 22-foot-long intake structure on the
east side of the dam connecting to an 8-foot-wide, 118-foot-long
concrete and wooden power canal; (4) a 7.5-foot-diameter, 45-foot-long
steel penstock that conveys water from the power canal to a powerhouse
on the east side of the dam containing two turbine-generator units with
a total rated capacity of 453 kilowatts (kW); (5) an 8-foot-wide, 10-
foot-long intake structure on the west side of the dam connecting to a
6-foot-diameter, 62-foot-long steel penstock; (6) a powerhouse on the
west side of the dam containing a single turbine-generator unit with a
rated capacity of 300 kW; (7) two 480-volt, 40-foot-long generator
leads connecting the east powerhouse to a transformer yard and a 2,300-
volt, 400-foot-long generator lead connecting the west powerhouse to
the transformer yard; and (8) appurtenant facilities.
    The Chittenden Falls Project is operated in a run-of-river mode
with an estimated average annual generation of 2,300 megawatt-hours
between 2012 and 2018. Chittenden Falls Hydro proposes to continue to
operate the project in run-of-river mode.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to address the document. For assistance, contact
FERC Online Support. A copy is available for inspection and
reproduction at the address in item h above.
    n. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    o. Scoping Process:
    The Commission staff intends to prepare an Environmental Assessment
(EA) for the Chittenden Falls Hydropower Project in accordance with the
National Environmental Policy Act. The EA will consider both site-
specific and cumulative environmental impacts and reasonable
alternatives to the proposed action.
    Commission staff does not propose to conduct any on-site scoping
meetings at this time. Instead, we are soliciting comments,
recommendations, and information, on the Scoping Document 1 (SD1)
issued December 23, 2019.
    Copies of SD1 outlining the subject areas to be addressed in the EA
were distributed to the parties on the Commission's mailing list.
Copies of SD1 may be viewed on the web at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, call 1-866-208-3676 or for TTY,<PHONE_NUMBER>.

    Dated: December 23, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-28260 Filed 12-30-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 179 (Thursday, September 15, 2011)]
[Proposed Rules]
[Pages 57013-57014]
[FR Doc No: 2011-23262]

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

40 CFR Part 52

[EPA-R03-OAR-2011-0511; FRL-9462-7]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Revised Motor Vehicle Emission Budgets for the
Charleston, Huntington, Parkersburg, Weirton, and Wheeling 8-Hour Ozone
Maintenance Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA proposes to approve the State Implementation Plan (SIP)
revision submitted by the State of West Virginia for the purpose of
amending the 8-hour ozone maintenance plan for the Charleston,
Huntington, Parkersburg, Weirton, and Wheeling 8-hour ozone maintenance
areas. This revision amends the maintenance plans' 2009 and 2018 motor
vehicle emissions budgets (MVEBs) by reallocating a portion of the
plans' safety margins which results in an increase in the MVEBs. In the
Final Rules section of this Federal Register, EPA is approving the
State's SIP submittal as a direct final rule without prior proposal
because the Agency views this as a noncontroversial submittal and
anticipates no adverse comments. A detailed rationale for the approval
is set forth in the direct final rule. If no adverse comments are
received in response to this action, no further activity is
contemplated. If EPA receives adverse comments, the direct final rule
will be withdrawn and all public comments received will be addressed in
a subsequent final rule based on this proposed rule. EPA will not
institute a second comment period. Any parties interested in commenting
on this action should do so at this time.

DATES: Comments must be received in writing by October 17, 2011.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-0511 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2011-0511, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III 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-R03-OAR-
2007-0511. 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.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 either electronically in http://www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the West Virginia Department of
Environmental Protection, Division of Air Quality, 601 57th Street,
SE., Charleston, West Virginia 25304.

FOR FURTHER INFORMATION CONTACT: Martin Kotsch,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For further information, please see the
information provided in the direct final action, with the same title,
that is located in the Rules and Regulations section of this Federal
Register publication. Please note that if EPA receives adverse comment
on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.

    Dated: August 29, 2011.
 W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011-23262 Filed 9-14-11; 8:45 am]
BILLING CODE 6560-50-P


14637 Federal Register / Vol. 68, No. 58 / Wednesday, March 26, 2003 / Notices proposed settlement should such comments disclose facts or considerations which indicate the proposed settlement is inappropriate, improper or inadequate. Copies of the proposed settlement are available from: Ms. Paula V. Batchelor, U. S. EPA, Region 4, ( WMD   CPSB), 61 Forsyth Street, SW., Atlanta, Georgia 30303, ( 404) 562   8887. Written comments may be submitted to Ms. Batchelor within 30 calendar days of the date of this publication.

Dated: March 10, 2003. Archie Lee, Chief, CERCLA Program Services Branch, Waste Management Division. [ FR Doc. 03   7245 Filed 3   25   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ OPPT   2003   0014; FRL   7300   7]

Certain New Chemicals; Receipt and Status Information AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: Section 5 of the Toxic Substances Control Act ( TSCA) requires any person who intends to manufacture ( defined by statute to include import) a new chemical ( i. e., a chemical not on the TSCA Inventory) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5( d)( 2) and 5( d)( 3) of TSCA, EPA is required to publish a notice of receipt of a premanufacture notice ( PMN) or an application for a test marketing exemption ( TME), and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from February 4, 2003 to February 10, 2003, consists of the PMNs pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period. DATES: Comments identified by the docket ID number OPPT   2003   0014 and the specific PMN number or TME number, must be received on or before April 25, 2003. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION. FOR FURTHER INFORMATION CONTACT: Barbara Cunningham, Acting Director, Environmental Assistance Division, Office of Pollution Prevention and Toxics ( 7408M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 202) 554   1404; e mail address: TSCAHotline epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me? This action is directed to the public in general. As such, the Agency has not attempted to describe the specific entities that this action may apply to. Although others may be affected, this action applies directly to the submitter of the premanufacture notices addressed in the action. 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 Copies of This Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPPT   2003   0014. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the EPA Docket Center, Rm. B102 Reading Room, EPA West, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The EPA Docket Center Reading Room telephone number is ( 202) 566   1744 and the telephone number for the OPPT Docket, which is located in EPA Docket Center, is ( 202) 566   0280. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a VerDate Jan< 31> 2003 19: 38 Mar 25, 2003 Jkt 200001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 26MRN1. SGM 26MRN1 RECEIVED OPPT NCIC 2003 MAR26 7: 07AM OPPT 2003 0014 0001 14638 Federal Register / Vol. 68, No. 58 / Wednesday, March 26, 2003 / Notices brief description written by the docket staff.

C. How and To Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/ courier. To ensure proper receipt by EPA, identify the appropriate docket ID number and specific PMN number or TME number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked `` late.'' EPA is not required to consider these late comments. If you wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in Unit I. D. Do not use EPA Dockets or e mail to submit CBI or information protected by statute. 1. Electronically. If you submit an electronic comment as prescribed in this unit, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. 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. i. EPA Dockets. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at http:// www. epa. gov/ edocket, and follow the online instructions for submitting comments. Once in the system, select`` search,'' and then key in docket ID number OPPT   2003   0014. The system is an `` anonymous access'' system, which means EPA will not know your identity, e mail address, or other contact information unless you provide it in the body of your comment. ii. E mail. Comments may be sent by e mail to oppt. ncic@ epa. gov, Attention: Docket ID Number OPPT   2003   0014 and PMN Number or TME Number. In contrast to EPA's electronic public docket, EPA's e mail system is not an `` anonymous access'' system. If you send an e mail comment directly to the docket without going through EPA's electronic public docket, EPA's e mail system automatically captures your email address. E mail addresses that are automatically captured by EPA's e mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I. C. 2. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. By mail. Send your comments to: Document Control Office ( 7407M), Office of Pollution Prevention and Toxics ( OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001. 3. By hand delivery or courier. Deliver your comments to: OPPT Document Control Office ( DCO) in EPA East Building Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: Docket ID Number OPPT   2003   0014 and PMN Number or TME Number. The DCO is open from 8 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is ( 202) 564   8930.

D. How Should I Submit CBI To the Agency? Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI ( if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is 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 docket and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the technical person listed 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. Offer alternative ways to improve the notice or collection activity. 7. Make sure to submit your comments by the deadline in this document. 8. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action and the specific PMN number you are commenting on in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation.

II. Why is EPA Taking this Action?

Section 5 of TSCA requires any person who intends to manufacture ( defined by statute to include import) a new chemical ( i. e., a chemical not on the TSCA Inventory to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5( d)( 2) and 5( d)( 3) of TSCA, EPA is required to publish a notice of receipt of a PMN or an application for a TME and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from February 4, 2003 to February 10, 2003, consists of the PMNs pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period.

III. Receipt and Status Report for PMNs This status report identifies the PMNs pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time VerDate Jan< 31> 2003 19: 38 Mar 25, 2003 Jkt 200001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 26MRN1. SGM 26MRN1 14639 Federal Register / Vol. 68, No. 58 / Wednesday, March 26, 2003 / Notices period. If you are interested in information that is not included in the following tables, you may contact EPA as described in Unit II. to access additional non CBI information that may be available. In Table I of this unit, EPA provides the following information ( to the extent that such information is not claimed as CBI) on the PMNs received by EPA during this period: the EPA case number assigned to the PMN; the date the PMN was received by EPA; the projected end date for EPA's review of the PMN; the submitting manufacturer; the potential uses identified by the manufacturer in the PMN; and the chemical identity.

I. 22 PREMANUFACTURE NOTICES RECEIVED FROM: 02/ 04/ 03 TO 02/ 10/ 03 Case No. Received Date Projected Notice End Date Manufacturer/ Importer Use Chemical P   03   0318 02/ 04/ 03 05/ 05/ 03 CBI ( G) Industrial coating binder component ( G) Urethane acrylate polymer, compounds with amine P   03   0319 02/ 04/ 03 05/ 05/ 03 CBI ( G) Process intermediate ( G) Disiloxane, 1,1,3,3 tetramethyl 1 ( 7 octenyl) 3 [( substitutedcyclohepta 3 yl) ethyl] P   03   0320 02/ 04/ 03 05/ 05/ 03 CBI ( G) Component of foam ( G) Polyester polyol P   03   0321 02/ 04/ 03 05/ 05/ 03 Cognis Corporation ( S) Coupling agent / hydrotrope for comestics and pharmaceuticals ( S) Glycols, 1,2, C12   16, ethoxylated propoxylated P   03   0322 02/ 04/ 03 05/ 05/ 03 CBI ( G) Optical resin coating ( G) Tektrakis [ dimethyl[ 8 [ 1,1,3,3, tetramethyl 3 [[ epoxycyclohexanol] ethyl] disiloxanyl] octyl] silyloxy] silane P   03   0323 02/ 04/ 03 05/ 05/ 03 CBI ( S) Hardener of polyurethane paint ( G) Alkyldiisocyanate polymer, alkyl esters blocked P   03   0324 02/ 04/ 03 05/ 05/ 03 CBI ( S) Hardner of polyurethane paint ( G) 2 oxepanone, polymer with alkyldiisocyanate and substituted alkyl diol, alkyl esters blocked P   03   0325 02/ 05/ 03 05/ 06/ 03 Schulke and Mayr, Inc. ( S) Metalworking additive ( S) Oxazolidine, 3,3  methylenebis[ 5 methyl P   03   0326 02/ 05/ 03 05/ 06/ 03 CBI ( S) Industrial coatings ( S) 2 propenoic acid, 2 methyl, butyl ester, polymer with butyl 2 propenoate, ethenylbenzene and 2,5 furandione P   03   0327 02/ 06/ 03 05/ 07/ 03 Basf corporation ( S) Plasticizer ( S) 1,2 cyclohexanedicarboxylic acid, dinonyl ester, branched and linear P   03   0328 02/ 07/ 03 05/ 08/ 03 CBI ( G) An open non dispersive use ( G) Bisphenol a type epoxy resin P   03   0329 02/ 07/ 03 05/ 08/ 03 CBI ( G) Binder resin for ink ( G) Trialkylamine salt of substituted alkyarylpolyurethane P   03   0330 02/ 07/ 03 05/ 08/ 03 CBI ( G) Multi purpose adhesive; open, non dispersive use.; laminating adhesive open, non dispersive use ( G) Polyurethane prepolymer, polyurethane adhesive P   03   0331 02/ 07/ 03 05/ 08/ 03 Mitsui Chemicals America, Inc. ( S) Reagents for nucleic acid testing ( on farm animal, crops, plants, foods, living entities other than humans) ( S) Thymidine, 5  o[ bis( 4 methoxyphenyl) phenylmethyl]

P   03   0332 02/ 07/ 03 05/ 08/ 03 CBI ( G) Co stabilizer for plastics ( G) Heterocyclic sulfide ester P   03   0333 02/ 10/ 03 05/ 11/ 03 CBI ( G) Radiation cured inks. ( G) Amine salt P   03   0334 02/ 10/ 03 05/ 11/ 03 CBI ( S) Aqueous dispersion of polymer for leather finishing ( G) Fatty acid polymer with alkyl diols, carbonic acid, isocyanic acid ester, alkoxylated polyether diolsulfonate, 2 oxepanone and alkyl diamine P   03   0335 02/ 11/ 03 05/ 12/ 03 Solutia Inc. ( S) Resin for industrial uv coatings ( G) Acrylate and urethane modified polyether P   03   0336 02/ 10/ 03 05/ 11/ 03 CBI ( S) Thermoplastic polyester resin for use in the production of fibers, bottles and/ or films ( S) 1,4 benzenedicarboxylic acid, dimethyl ester, polymer with 2 methyl 1,3 propanediol P   03   0337 02/ 10/ 03 05/ 11/ 03 CBI ( S) Thermoplastic polyester resin for use in the production of fibers, bottles and/ or films ( S) 1,4 benzenedicarboxylic acid, dimethyl ester, polymer with 1,2 ethanediol and 2 methyl 1,3 propanediol P   03   0338 02/ 10/ 03 05/ 11/ 03 CBI ( S) Thermoplastic polyester resin for use in the production of fibers, bottles and/ or films ( S) 1,4 benzenedicarboxylic acid, polymer with 2 methyl 1,3 propanediol P   03   0339 02/ 10/ 03 05/ 11/ 03 CBI ( S) Thermoplastic polyester resin for use in the production of fibers, bottles and/ or films ( S) 1,4 benzenedicarboxylic acid, polymer with 1,2 ethanediol and 2 methyl 1,3 propanediol VerDate Jan< 31> 2003 19: 38 Mar 25, 2003 Jkt 200001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 26MRN1. SGM 26MRN1 14640 Federal Register / Vol. 68, No. 58 / Wednesday, March 26, 2003 / Notices In Table II of this unit, EPA provides the following information ( to the extent that such information is not claimed as CBI) on the Notices of Commencement to manufacture received:

II. 14 NOTICES OF COMMENCEMENT FROM: 02/ 04/ 03 TO 02/ 10/ 03 Case No. Received Date Commencement/ Import Date Chemical P   01   0732 02/ 11/ 03 01/ 16/ 03 ( G) Phosphate methacrylate P   02   0167 02/ 05/ 03 12/ 19/ 02 ( G) Lithium metal phosphate P   02   0741 02/ 11/ 03 01/ 21/ 03 ( S) Piperazine, polymer with 1,6 dichlorohexane P   02   0789 02/ 04/ 03 01/ 26/ 03 ( G) Ultraviolet curable resin P   02   0822 02/ 05/ 03 01/ 17/ 03 ( G) Modified polyester of terephthalic acid, ethylene glycol and neopentyl glycol P   02   0824 02/ 05/ 03 01/ 17/ 03 ( G) Modified polyester of terephthalic acid, ethylene glycol and neopentyl glycol P   02   0863 02/ 05/ 03 01/ 28/ 03 ( G) Fluoropolymer P   02   0997 02/ 11/ 03 01/ 24/ 03 ( G) Alkaline epoxide amine adduct P   02   1026 02/ 11/ 03 01/ 09/ 03 ( G) Modified alkyd resin P   02   1091 02/ 10/ 03 01/ 16/ 03 ( G) Polymer of methacrylate and acrylate esters, peroxide initiated P   03   0036 02/ 05/ 03 01/ 16/ 03 ( G) Acrylic acid co polymer P   96   1626 02/ 11/ 03 01/ 10/ 03 ( S) Mix of: 3 hexene, 1( 1 methoxypropoxy)( e), 3 hexene, 1( 1 methoxypropoxy),( z) P   99   0646 02/ 11/ 03 01/ 28/ 03 ( G) Pentaerythritol, mixed esters with fatty acids, C8   9, branched P   99   0686 02/ 07/ 03 10/ 04/ 02 ( S) 1,3 dioxolan 2 one, 4( hydroxymethyl)

List of Subjects Environmental protection, Chemicals, Premanufacturer notices.

Dated: March 20, 2003. Sandra R. Wilkins, Acting Director, Information Management Division, Office of Pollution Prevention and Toxics. [ FR Doc. 03   7247 Filed 3   25   03; 8: 45 am]

BILLING CODE 6560   50   S FEDERAL COMMUNICATIONS COMMISSION [ Report No. AUC   03   49   C ( Auction No. 49); DA 03   567]

Auction of Licenses in the Lower 700 MHz Band Scheduled for May 28, 2003; Notice and Filing Requirements, Minimum Opening Bids, Upfront Payment and Other Auction Procedures AGENCY: Federal Communications Commission. ACTION: Notice.

SUMMARY: This document announces the procedures and minimum opening bids for the upcoming auction of licenses in the lower 700 MHz band scheduled for May 28, 2003. This document is intended to familiarize prospective bidders with the procedures and minimum opening bids for this auction. DATES: Auction No. 49 is scheduled to begin on May 28, 2003.

FOR FURTHER INFORMATION CONTACT: Auctions and Industry Analysis Division: Howard Davenport, Legal Branch, or Lyle Ishida, Auctions Operations Branch, at ( 202) 418   0660; Linda Sanderson, Auctions Operations Branch, at ( 717) 338   2888, Media Contact: Lauren Kravetz at ( 202) 418   7944, Commercial Wireless Division: Policy and Rules Branch, Amal Abdallah at ( 202) 418   7307 or Evan Baranoff at ( 202) 418   7142; Licensing and Technical Analysis Branch, Joanne Epps or Keith Harper, at ( 202) 418   0620, Media Bureau: Engineering Division, Gordon Godfrey at ( 202) 418   2193. SUPPLEMENTARY INFORMATION: This is a summary of the Auction No. 49 Procedures Public Notice released on March 4, 2003. The complete text of the Auction No. 49 Procedures Public Notice, including attachments, is available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street, SW., Room CY   A257, Washington, DC, 20554. The Auction No. 49 Procedures Public Notice may also be purchased from the Commission's duplicating contractor, Qualex International, Portals II, 445 12th Street, SW., Room CY   B402, Washington, DC, 20554, telephone 202   863   2893, facsimile 202   863   2898, or via e mail qualexint@ aol. com.

I. General Information A. Introduction 1. By the Auction No. 49 Procedures Public Notice, the Wireless Telecommunications Bureau (`` Bureau'') announces the procedures and minimum opening bids for the upcoming auction of licenses in the Lower 700 MHz C and D blocks, ( the 710   716/ 740   746 MHz and 716   722 MHz bands) scheduled for May 28, 2003 ( Auction No. 49). On December 2, 2002, in accordance with the Balanced Budget Act of 1997, the Bureau released a public notice seeking comment on reserve prices or minimum opening bids and the procedures to be used for the auction of 251 licenses in the Lower 700 MHz band C block. The Bureau received five comments and five reply comments in response to the Auction No. 49 Comment Public Notice, 67 FR 72946 ( December 9, 2002). On January 29, 2003, the Bureau released a public notice announcing a revised auction inventory to include five licenses in the Lower 700 MHz band D block. In the Auction No. 49 Revised Comment Public Notice, 68 FR 6452 ( February 7, 2003), the Bureau sought comment on the procedural issues related to the auction of the D block licenses. In the Auction No. 49 Revised Comment Public Notice, the Bureau also revised the starting date for Auction No. 49. The Bureau received two comments and two reply comments in response to the Auction No. 49 Revised Comment Public Notice.

i. Background of Proceeding 2. On January 18, 2002, the Commission released the Lower 700 MHz Report & Order, 67 FR 5491 ( February 6, 2002), which adopted allocation and service rules for the Lower 700 MHz Band. Specifically, the Commission reallocated the entire 48 megahertz of spectrum in the Lower 700 MHz band to fixed and mobile services and retained the existing broadcast allocation for both new broadcast services and incumbent broadcast services during their transition to digital television (`` DTV''). The Commission established technical criteria designed VerDate Jan< 31> 2003 19: 38 Mar 25, 2003 Jkt 200001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 26MRN1. SGM 26MRN1


[Federal Register Volume 86, Number 118 (Wednesday, June 23, 2021)]
[Notices]
[Pages 32926-32927]
[FR Doc No: 2021-13189]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2021-0196; FRL-10025-05]

Pesticide Program Dialogue Committee; Request for Nominations to
the Pesticide Program Dialogue Committee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency's (EPA's) Office of
Pesticide Programs is inviting nominations from a diverse range of
qualified candidates to be considered for appointment to the Pesticide
Program Dialogue Committee (PPDC). The PPDC is chartered to provide
policy advice, information, and recommendations to the EPA on a wide
variety of pesticide regulatory developments and reform initiatives,
evolving public policy, and program implementation issues associated
with evaluating and reducing risks from pesticide use. To maintain the
representation outlined by the charter, nominees will be selected to
represent: Environmental/public interest and animal rights groups; farm
worker organizations; pesticide industry and trade associations;
pesticide user, grower, and commodity groups; federal/

state/local and tribal governments; academia; and public health
organizations. Vacancies are expected to be filled by December 2021.
Sources in addition to this Federal Register notice may be utilized in
the solicitation of nominees.

DATES: Nominations must be received on or before July 23, 2021.

ADDRESSES: Submit nominations electronically with the subject line
``PPDC Membership 2021'' to<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Shannon Jewell, Designated Federal
Officer for the PPDC, telephone number:<PHONE_NUMBER> email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
particular interest to persons who work in in agricultural settings or
if you are concerned about implementation of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136 et seq.); the
Federal Food, Drug, and Cosmetic Act (FFDCA) (21 U.S.C. 301 et seq.);
the Pesticide Registration Improvement Act (PRIA) (which amends FIFRA
section 33); and the Endangered Species Act (ESA) (16 U.S.C. 1531 et
seq.). Potentially affected entities may include, but are not limited
to: Agricultural workers and farmers; pesticide industry and trade
associations; environmental, consumer, and farm worker groups;
pesticide users and growers; animal rights groups; pest consultants;
state, local, and tribal governments; academia; public health
organizations; and the public. 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 copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2021-0196, is available online at http://www.regulations.gov. Please note that due to the public health
emergency the EPA Docket Center (EPA/DC) and Reading Room was closed to
public visitors on March 31, 2020. Our EPA/DC staff will continue to
provide customer service via email, phone, and webform.
    Once the EPA/DC is reopened to the public, the docket will also be
available in-person at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the EPA/DC, West William Jefferson
Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC
20460-0001. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the OPP Docket is<PHONE_NUMBER>.
    For further information on EPA/DC services, docket contact
information and the current status of the EPA/DC and Reading Room,
please visit https://www.epa.gov/dockets.

II. Background

    The PPDC is a federal advisory committee chartered under the
Federal Advisory Committee Act (FACA), Public Law 92-463. EPA
established the PPDC in September 1995 to provide policy advice,
information and recommendations to the EPA Administrator through the
Director of the Office of Pesticide Programs, Office of Chemical Safety
and Pollution Prevention. The PPDC provides a public forum to discuss a
wide variety of pesticide regulatory developments and reform
initiatives, evolving public policy and program implementation issues
associated with evaluating and reducing risks from the use of
pesticides. The EPA will consider candidates from the following
sectors: Environmental/public interest and animal rights groups; farm
worker organizations; pesticide industry and trade associations;
pesticide user, grower, and commodity groups; federal and state/local/
tribal governments; the general public; academia; and public health
organizations.
    The PPDC usually meets face-to-face twice a year, generally in the
spring and the fall. Additionally, members may be asked to serve on
work groups to develop recommendations to address specific policy
issues. The average workload for members is approximately 4 to 6 hours
per month. PPDC members may receive travel and per diem allowances
where appropriate and according to applicable federal travel
regulations.

III. Nominations

    The EPA values and welcomes diversity. In an effort to obtain
nominations of diverse candidates, the agency encourages nominations of
women and men of all racial and ethnic groups. All nominations will be
fully considered, but applicants need to be aware of the specific
representation sought as outlined in the Summary above. Any interested
person or organization may nominate qualified persons to be considered
for appointment to this advisory committee. Individuals may self-
nominate. Nominations may be submitted in electronic format (preferred)
or mailed to Shannon Jewell at the address listed under ADDRESSES.
    To be considered, all nominations should include:
     Current contact information for the nominee, including the
nominee's name, organization (and position within that organization),
current business address, email address, and daytime telephone number;
     Brief Statement describing the nominee's interest and
availability in serving on the PPDC;
     R[eacute]sum[eacute] or CV;
     Short biography (no more than 2 paragraphs) describing the
professional and educational qualifications of the nominee, including a
list of relevant activities, or any current or previous experience on
advisory committees; and
     Letter[s] of recommendation from a third party supporting
the nomination. The letter should describe how the nominee's experience
and knowledge will bring value to the work of the PPDC.
    Other resources, in addition to this Federal Register notice, may
also be utilized in the solicitation of nominees.

    Authority: 5 U.S.C. Appendix 2.

    Dated: June 17, 2021.
Michael Goodis,
Acting Director, Office of Pesticide Programs.
[FR Doc. 2021-13189 Filed 6-22-21; 8:45 am]
BILLING CODE 6560-50-P


Oxadiazon Summary Uses ° Oxadiazon is registered for commercial use on turf grown on golf courses (~ 77% of total use) and in apartment/ condominium complexes, parks, athletic fields, playgrounds, and cemeteries (~ 12% of total use). In addition, oxadiazon is used on sod farms and on conifer nurseries and landscapes ( i. e. industrial sites, ornamental, roadside plantings, woody, ornamental shrubs, vines and trees, and herbaceous ornamentals)

$ Oxadiazon is a pre emergent or early post emergent oxadiazole herbicide used to control grassy weeds ( e. g. goosegrass and crabgrass) and broadleaf weeds in turf and ornamentals. ° Annual usage is approximately 249,000 pounds on 52,000 acres. Oxadiazon is used primarily in the South (~ 71%) and predominantly on golf courses (~ 77%).

Health Effects ° In humans, acute exposure to oxadiazon can cause irritation to the skin, eyes and mucous membranes. ° In both subchronic and chronic studies, effects on the liver were consistent among the species tested ( rat, dog, mouse). ° Oxadiazon is classified as " likely to be carcinogenic to humans" based on studies that showed an increase in the incidence of liver tumors in two species ( mice and rats) following chronic exposure to oxadiazon.

Human Health Risks Dietary Risk ° There are no food or feed, or anticipated food or feed uses for oxadiazon. The Registrant is not supporting any tolerances for oxadiazon in the United States. Existing tolerances are in the process of revocation. Likewise, there are no Canadian or Mexican tolerances for oxadiazon.

Drinking Water Risk ° There is a potential drinking water risk of concern for infants and children chronically exposed to oxadiazon via drinking water from surface water sources. ° The cancer risk exceeds the Agency's level of concern for lifetime exposure to oxadiazon in surface and ground water. ° Acute exposure to oxadiazon in ground and surface water is not of concern.

Residential Risk ° The oxadiazon label indicates that the purchase, storage and application of this pesticide is limited to commercial nursery, turf and landscape personnel, and the product is not available to homeowners. Post application residential exposure scenarios include apartment complexes, golf courses, and playgrounds. ° In all risk scenarios, residential exposure to oxadiazon was of little or no concern.

Aggregate Risk ( combined risks from food, residential, and water)

° The Agency did not perform an aggregate risk assessment as part of this reregistration review for oxadiazon, because the conservative estimate of risk from chronic exposure to drinking water already exceed the level of concern. ° There are no remaining food uses.

Occupational Risk ° The Agency has determined that there are potential exposures to occupational mixers, loaders, applicators, or other occupational handlers during standard usepatterns associated with oxadiazon.

$ Dermal route is the route of consequence.

$ There is potential non cancer risk associated with low pressure handwand application of wettable powder formulations.

$ None of the evaluated occupational scenarios have cancer risks that exceed the Agency's level of concern.

Environmental Fate and Transport ° Environmental fate studies indicate that oxadiazon persists in the environment bound to organic matter. ° In clear, shallow bodies of water, oxadiazon not bound to organic matter may be degraded by sunlight. Alternatively, oxadiazon is defined as a light dependent peroxidizing herbicide ( LDPH), which suggests that toxicity is greater in the presence of light. ° Studies indicate that after application to soil, oxadiazon remains near the surface, and can be transported via runoff to nearby surface water bodies.

$ Leaching from surface soils to groundwater is expected to be low or negligible, unless the soil is very porous.

$ Since this stable compound can bind to particulate and organic matter, oxadiazon residues can accumulate in sediments at the bottom of bodies of water.

$ Oxadiazon may accumulate in aquatic organisms such as fish; however, as observed in studies using bluegill sunfish, the tendency toward bio accumulation can be offset by a rapid rate of removal.

Environmental Risks Avian Risk $ Chronic exposure may result in risk to birds that feed on plants and grass ( e. g. ducks, geese).

$ Exposure from the granular formulation was evaluated because birds may be exposed to granular pesticides through ingestion when foraging for food or grit.

$ All scenarios for the granular formulation resulted in no acute risk to birds.

Aquatic Species Risk ° Chronic exposure to oxadiazon may result in risk to freshwater and estuarine/ marine fish and aquatic invertebrates.

$ Oxadiazon residues can accumulate in sediments and increase the potential for chronic risk to aquatic organisms that live in or on the sediment. In order to better understand this potential risk, the Agency is requiring appropriate sediment toxicity testing ( acute and chronic) on this compound.

$ Enhanced toxicity through exposure to sunlight may increase risk to aquatic organisms that inhabit small, shallow water bodies.

$ The herbicidal properties of oxadiazon also suggest the potential for acute toxicity to aquatic plants and the possibility of alterations to aquatic habitats. This can have an indirect effect on aquatic populations by decreasing plant cover.

Mammalian Risk ° Acute exposure to birds and mammals presents minimal risk. ° Chronic exposure could result in risk to mammalian herbivores and insectivores.

Non target Plants and Animal Risk $ Oxadiazon exposure may present a risk to non target aquatic organisms.

$ The EPA is in the process of determining if oxadiazon presents a risk to endangered aquatic species ( fish and invertebrates).