From:
David Ailor<EMAIL_ADDRESS>Sent:
Thursday, December 19, 2019 4:25 PM
To:
'Jones, DonnaLee'<EMAIL_ADDRESS>Cc:
Raymond, Gabrielle<EMAIL_ADDRESS>Subject:
RE: September 2019 QA/QC Review of Enclosure 2 Information for EPA 2016 ICR for AK Steel (Excel file)

Hi, Donna Lee.  Just wanted to make sure you and Gabrielle knew that Erie Coke is shutting down (see attached).  DCA

David C. Ailor, P.E.
President
American Coke and Coal Chemicals Institute
25 Massachusetts Avenue, N.W.
Suite 800
Washington, D.C. 20001
Phone:<PHONE_NUMBER>
eFax.:<PHONE_NUMBER>
<EMAIL_ADDRESS>www.accci.org

<< 2019-12-19 Erie Coke Corporation_ Press Release.docx >>


[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Proposed Rules]
[Page 31813]
[FR Doc No: 2019-14247]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 49

[EPA-R08-OAR-2019-0002; 9995-99-Region 8]

Federal Implementation Plan To Establish a Bank for Ozone
Precursor Emission Reduction Credits From Existing Sources on Indian
Country Lands Within the Uinta Basin Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Advance notice of proposed rulemaking; extension of comment
period.

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

SUMMARY: On May 24, 2019, the Environmental Protection Agency (EPA)
published in the Federal Register an advance notice of proposed
rulemaking (ANPRM) to solicit broad feedback on different approaches to
establish an emission reduction credit (ERC) bank for ozone precursors,
specifically volatile organic compounds (VOCs) and nitrogen oxides
(NOX), as part of a Clean Air Act (CAA) Federal
Implementation Plan (FIP) applicable to stationary sources on Indian
country lands within the Uintah and Ouray Indian Reservation (U&O
Reservation). The EPA is extending the comment period for the ANPRM
until August 7, 2019.

DATES: Written comments must be received on or before August 7, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2019-0002, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
www.regulations.gov. The EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the Web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Air and Radiation
Division, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. The EPA requests that if at all
possible, you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8:00 a.m.
to 4:00 p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Chris Dresser, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-QP, 1595 Wynkoop Street, Denver,
Colorado 80202-1129,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
    The purpose of the ANPRM (84 FR 24064) was to solicit broad
feedback on different approaches to establish an ERC bank for ozone
precursors. Such ERCs may be generated and used for several air quality
planning purposes. Specifically, the credits could be used in assisting
in achievement of the ozone National Ambient Air Quality Standard
(NAAQS), general conformity demonstrations, and nonattainment new
source review (NNSR) permitting related to development of new VOC and
NOX emissions sources in the Uinta Basin Ozone Nonattainment
Area in Utah. The EPA designated portions of the ``Uinta Basin'' region
nonattainment for the 2015 Ozone NAAQS, effective August 3, 2018.
    We received requests from the Western Energy Alliance (WEA) and the
Utah Petroleum Association (UPA) on June 24, 2019, and from the Ute
Tribal Business Committee on June 25, 2019, to extend the comment
period. In response, we are extending the comment period to August 7,
2019.\1\
---------------------------------------------------------------------------

    \1\ Copies of the letters requesting the extension appear in the
docket for this action.
---------------------------------------------------------------------------

List of Subjects in 40 CFR Part 49

    Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: June 28, 2019.
Greg Sopkin,
Regional Administrator, EPA Region 8.
[FR Doc. 2019-14247 Filed 7-2-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 201 (Monday, October 19, 2015)]
[Notices]
[Pages 63276-63277]
[FR Doc No: 2015-26259]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Delayed Applications

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of applications delayed more than 180 days.

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

SUMMARY: In accordance with the requirements of 49 U.S.C. 5117(c),
PHMSA is publishing the following list of special permit applications
that have been in process for 180 days or more. The reason(s) for delay
and the expected completion date for action on each application is
provided in association with each identified application.

FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of
Hazardous Materials Special Permits and Approvals, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>

Key to ``Reason for Delay''

1. Awaiting additional information from applicant
2. Extensive public comment under review
3. Application is technically complex and is of significant impact or
precedent-setting and requires extensive analysis
4. Staff review delayed by other priority issues or volume of special
permit applications

Meaning of Application Number Suffixes

N--New application
M--Modification request

R--Renewal Request
P--Party To Exemption Request

    Issued in Washington, DC, on October 5, 2015.
Donald Burger
Chief, General Approvals and Permits.

------------------------------------------------------------------------
                                            Reason for    Estimated date
    Application No.         Applicant          delay       of completion
------------------------------------------------------------------------
                     Modification to Special Permits
------------------------------------------------------------------------
15744-M...............  Praxair                        4      10-31-2015
                         Distribution,
                         Inc., Danbury,
                         CT.
14437-M...............  Columbiana                     4      10-31-2015
                         Boiler Company
                         (CBCo) LLC,
                         Columbiana, OH.
14808-M...............  Amtrol-Alfa                    4      12-05-2015
                         Metalomecanica,
                         S.A., West
                         Warwick, RI.
16142-M...............  Nantong CIMC                   4      11-20-2015
                         Tank Equipment
                         Co. Ltd.,
                         Jiangsu,
                         Province.
------------------------------------------------------------------------
                     New Special Permit Applications
------------------------------------------------------------------------
15767-N...............  Union Pacific,                 4      11-20-2015
                         Railroad
                         Company, Omaha,
                         NE.
16001-N...............  VELTEK                         3      11-20-2015
                         ASSOCIATES,
                         INC., Malvern,
                         PA.
16220-N...............  Americase,                     4      11-20-2015
                         Waxahache, TX.
16249-N...............  Optimized Energy               3      11-15-2015
                         Solutions, LLC,
                         Durango, CO.
16320-N...............  Digital Wave                   3      10-15-2015
                         Corporation,
                         Centennial, CO.
16337-N...............  Volkswagen Group               4      10-31-2015
                         of America
                         (VWGoA),
                         Herndon, VA.
16366-N...............  Department of                  4      10-31-2015
                         Defense, Scott
                         AFB, IL.
16395-N...............  Chandler                       4      10-31-2015
                         Instruments
                         Company LLC,
                         Broken Arrow,
                         OK.
16396-N...............  Eniware LLC,                   4      10-15-2015
                         Washington, DC.
16356-N...............  United Launch                  4      11-20-2015
                         Alliance, LLC,
                         Centennial, CO.
16371-N...............  Volkswagen Group               4      11-30-2015
                         of America
                         (VWGoA),
                         Herndon, VA.
16416-N...............  INOX India                     4      10-31-2105
                         Limited,
                         Gujarat, India.
16430-N...............  Eniware LLC,                   4      12-10-2015
                         Washington, DC.
16414-N...............  Gardner                        4      10-30-2015
                         Cryogenics
                         Department of
                         Air Products
                         and Chemicals
                         Inc.,
                         Allentown, PA.
------------------------------------------------------------------------
                  Party to Special Permits Application
------------------------------------------------------------------------
16279-P...............  Twin Enterprise                4      10-31-2015
                         International
                         LLC, Chandler,
                         AZ.
------------------------------------------------------------------------
                  Renewal Special Permits Applications
------------------------------------------------------------------------
11860-R...............  GATX                           4      10-31-2015
                         Corporation,
                         Chicago, IL.
8009-R................  NK Co., Ltd.,                  4      10-30-2015
                         Busan City, KR.
------------------------------------------------------------------------

[FR Doc. 2015-26259 Filed 10-16-15; 8:45 am]
 BILLING CODE 4910-60-M


[Federal Register Volume 77, Number 34 (Tuesday, February 21, 2012)]
[Notices]
[Pages 9946-9947]
[FR Doc No: 2012-3958]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2006-D-0036] (Formerly Docket No. 2006D-0344)

Draft Guidance for Industry on Drug Interaction Studies--Study
Design, Data Analysis, Implications for Dosing, and Labeling
Recommendations; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a revised draft guidance for industry entitled ``Drug
Interaction Studies--Study Design, Data Analysis, Implications for
Dosing, and Labeling Recommendations.'' The revised draft guidance is
intended to provide recommendations for sponsors of new drug
applications (NDAs) and biologics license applications (BLAs) for
therapeutic biologics regarding in vitro and in vivo studies of drug
metabolism, drug transport, and drug-drug, or drug-therapeutic protein
interactions.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on this
revised draft guidance before it begins work on the final version of
the guidance, submit either electronic or written comments on the draft
guidance by May 21, 2012.

ADDRESSES: Submit written requests for single copies of the revised
draft guidance to the Division of Drug Information, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, rm. 2201, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the guidance document.
    Submit electronic comments on the draft guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT:
Shiew-Mei Huang, Center for Drug Evaluation and Research, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 51, rm. 3188, Silver
Spring, MD 20993-0002,<PHONE_NUMBER>; or
Lei Zhang, Center for Drug Evaluation and Research, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 51, rm. 3106, Silver
Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a revised draft guidance for
industry entitled ``Drug Interaction Studies--Study Design, Data
Analysis, Implications for Dosing, and Labeling Recommendations.'' Drug
interactions can result when one drug alters the pharmacokinetics of
another drug or its metabolites. Drug interactions also can reflect the
additive nature of the pharmacodynamic effect of either drug when taken
with the other drug. The main focus of this draft guidance is
pharmacokinetic drug interactions. The revised draft guidance reflects
the Agency's view that the pharmacokinetic interactions between an
investigational new drug and other drugs should be defined during drug
development, as part of an adequate assessment of safety and
effectiveness. It is important to understand the nature and magnitude
of drug-drug interactions for several reasons. Concomitant medications,
dietary supplements, and some foods, such as grapefruit juice, may
alter metabolism and/or drug transport abruptly in individuals who
previously had been receiving and tolerating a particular dose of a
drug. Such an abrupt alteration in metabolism or transport can change
the known safety and efficacy of a drug.
    The revised draft guidance provides recommendations for sponsors of
NDAs and BLAs regarding in vitro and in vivo studies of drug
metabolism, drug transport, and drug-drug, or drug-therapeutic protein
interactions. Namely, the guidance describes in vitro study
methodologies, criteria for in vivo studies, in vivo study design, and
data analysis in the context of identifying potential drug
interactions. The guidance also addresses the implications of drug
interactions for dosing and labeling.
    In the Federal Register of September 12, 2006 (71 FR 53696), FDA
announced the availability of a draft guidance entitled ``Drug
Interaction Studies--Study Design, Data Analysis, and Implications for
Dosing and Labeling.'' Comments were received and have been considered
during revision of the draft guidance. In addition, new developments in
the field have been incorporated to reflect the Agency's current
thinking. The Agency is publishing the draft guidance as a revised
draft guidance to collect additional public comments. The revised draft
guidance includes detailed discussion of several major changes,
including the following: (1) When transporter-mediated drug interaction
information is needed (including decision-trees); (2) drug-therapeutic
protein interactions, (3) the utility of pharmacogenetic data; and (4)
the use of physiologically based pharmacokinetic modeling.
    This revised draft guidance is being issued consistent with FDA's
good guidance practices regulation (21 CFR 10.115). The draft guidance,
when

finalized, will represent the Agency's current thinking on conducting
drug interaction studies during drug development to support marketing
approval. It does not create or confer any rights for or on any person
and does not operate to bind FDA or the public. An alternative approach
may be used if such approach satisfies the requirement of the
applicable statutes and regulations.

II. Paperwork Reduction Act of 1995

    This revised draft guidance refers to previously approved
collections of information that are subject to review by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501-3520). The collections of information in 21 CFR 201.57
have been approved under OMB control number 0910-0572.

III. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding this
document. It is only necessary to send one set of comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

IV. Electronic Access

    Persons with access to the Internet may obtain the document at
either http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances or http://www.regulations.gov.

    Dated: February 15, 2012.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2012-3958 Filed 2-17-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 79, Number 3 (Monday, January 6, 2014)]
[Notices]
[Pages 699-700]
[FR Doc No: 2013-31551]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Passenger Facility Charge (PFC) Approvals and
Disapprovals

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Monthly Notice of PFC Approvals and Disapprovals. In August
2013, there was one application approved. This notice also includes
information on four applications, approved in July 2013, inadvertently
left off the July 2013 notice. Additionally, 11 approved amendments to
previously approved applications are listed.

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

SUMMARY: The FAA publishes a monthly notice, as appropriate, of PFC
approvals and disapprovals under the provisions of the Aviation Safety
and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget
Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the
Federal Aviation Regulations (14 CFR Part 158). This notice is
published pursuant to paragraph d of Sec.  158.29.

PFC Applications Approved

    Public Agency: Port Authority of New York and New Jersey, New York,
New York.
    Application Number: 12-09-C-00-EWR.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in this Decision: $45,666,000.
    Earliest Charge Effective Date: October 1, 2017.
    Estimated Charge Expiration Date: July 1, 2018.
    Class of Air Carriers not Required to Collect PFC's: Non-scheduled/
on-demand air carriers operating at Newark Liberty International
Airport (EWR).
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the proposed
class accounts for less than 1 percent of the total annual enplanements
at EWR.
    Brief Description of Project Approved for Collection at EWR and Use
at John F. Kennedy International Airport (JFK) at a $4.50 PFC Level:
JFK Terminal 3 site redevelopment and capacity improvements.
    Decision Date: July 5, 2013.

FOR FURTHER INFORMATION CONTACT: Patricia Henn, Eastern Region Airports
Division,<PHONE_NUMBER>.
    Public Agency: Port Authority of New York and New Jersey, New York,
New York.
    Application Number: 12-09-C-00-JFK.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in this Decision: $111,391,500.
    Earliest Charge Effective Date: September 1, 2017.
    Estimated Charge Expiration Date: November 1, 2018.
    Class of Air Carriers not Required to Collect PFC's: Non-scheduled/
on-demand air carriers operating at JFK.
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the proposed
class accounts for less than 1 percent of the total annual enplanements
at JFK.
    Brief Description of Project Approved for Collection at JFK and Use
at JFK at a $4.50 PFC Level: JFK Terminal 3 site redevelopment and
capacity improvements.
    Decision Date: July 5, 2013.

FOR FURTHER INFORMATION CONTACT: Patricia Henn, Eastern Region Airports
Division,<PHONE_NUMBER>.
    Public Agency: Port Authority of New York and New Jersey, New York,
New York.
    Application Number: 12-09-C-00-LGA.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in this Decision: $56,674,000.
    Earliest Charge Effective Date: September 1, 2017.
    Estimated Charge Expiration Date: November 1, 2018.
    Class of Air Carriers not Required to Collect PFC's: Non-scheduled/
on-demand air carriers operating at LaGuardia Airport (LGA).
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the proposed
class accounts for less than 1 percent of the total annual enplanements
at LGA.
    Brief Description of Project Approved for Collection at LGA and Use
at JFK at a $4.50 PFC Level: JFK Terminal 3 site redevelopment and
capacity improvements.
    Decision Date: July 5, 2013.

FOR FURTHER INFORMATION CONTACT: Patricia Henn, Eastern Region Airports
Division,<PHONE_NUMBER>.
    Public Agency: Port Authority of New York and New Jersey, New York,
New York.
    Application Number: 12-06-C-00-SWF.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in this Decision: $1,268,500.
    Earliest Charge Effective Date: February 1, 2018.
    Estimated Charge Expiration Date: October 1, 2019.
    Class of Air Carriers Not Required to Collect PFC's: Non-scheduled/
on-demand air carriers operating at Stewart International Airport
(SWF).
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the proposed
class accounts for less than 1 percent of the total annual enplanements
at SWF.
    Brief Description of Project Approved for Collection at SWF and use
at JFK at a $4.50 PFC Level: JFK Terminal 3 site redevelopment and
capacity improvements.
    Decision Date: July 5, 2013.

FOR FURTHER INFORMATION CONTACT: Patricia Henn, Eastern Region Airports
Division,<PHONE_NUMBER>.
    Public Agency: Asheville Regional Airports Authority, Fletcher,
North Carolina.
    Application Number: 13-06-U-00-AVL.
    Application Type: Use PFC Revenue.
    Total PFC Revenue Approved for use in this Decision: $11,683,636.
    PFC Level: $4.50.
    Charge Effective Date: August 1, 2011.
    Estimated Charge Expiration Date: April 1, 2024.
    Class of Air Carriers Not Required to Collect PFC's: No change from
previous decision.
    Brief Description of Project Approved for Use: Runway 16/34
improvement program.
    Decision Date: August 7, 2013.

FOR FURTHER INFORMATION CONTACT: Troy Butler, Southern Region Airports
Division,<PHONE_NUMBER>.

                                           Amendments to PFC Approvals
----------------------------------------------------------------------------------------------------------------
                                                                                Original         Amended
                                     Amendment       Original         Amended        estimated       estimated
   Amendment No.  city, state      approved date   approved net    approved net     charge exp.     charge exp.
                                                    PFC revenue     PFC revenue        date            date
----------------------------------------------------------------------------------------------------------------
06-05-C-01-COD, Cody, WY........        07/30/13        $534,096        $411,718        02/01/11        05/01/09
05-08-C-01-MSP, Minneapolis, MN.        08/01/13     191,380,173     147,985,611        03/01/16        07/01/16
11-05-C-01-AVL, Fletcher, NC....        08/07/13       8,233,516      15,013,464        02/01/18        04/01/24
06-03-C-02-OAJ, Richlands, NC...        08/07/13         348,456         340,492        01/01/09        01/01/09
08-06-C-01-COD, Cody, WY........        08/12/13          79,500          78,476        05/01/11        05/01/11
07-05-C-02-MAF, Midland, TX.....        08/19/13       1,544,032         932,194        08/01/15        02/01/15
12-06-C-01-MAF, Midland, TX.....        08/19/13       1,319,287         967,278        11/01/15        07/01/15
05-06-C-01-EUG, Eugene, OR......        08/27/13       2,400,000       2,324,262        09/01/09        09/01/09
12-12-C-01-PLN, Petoskey, MI....        08/28/13         481,281         481,281        05/01/18        05/01/18
11-07-C-02-PUW, Pullman, WA.....        08/28/13         210,700         214,775        11/01/12        06/01/12
12-08-C-01-PUW, Pullman, WA.....        08/28/13         170,350         568,149        09/01/13        09/01/13
----------------------------------------------------------------------------------------------------------------

    Issued in Washington, DC, on December 30, 2013.
Joe Hebert,
Manager, Financial Analysis and Passenger Facility Charge Branch.
[FR Doc. 2013-31551 Filed 1-3-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 145 (Friday, July 29, 2022)]
[Rules and Regulations]
[Pages 45665-45669]
[FR Doc No: 2022-16070]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2021-0385; FRL-10027-01-OCSPP]

Isofetamid; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes tolerances for residues of
isofetamid in or on multiple commodities discussed later in this
document. Interregional Research Project Number 4 (IR-4) requested
these tolerances under the Federal Food, Drug, and Cosmetic Act
(FFDCA).

DATES: This regulation is effective July 29, 2022. Objections and
requests for hearings must be received on or before September 27, 2022,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2021-0385, is available at
https://www.regulations.gov or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket) in the Environmental Protection
Agency Docket Center (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 and the OPP Docket is<PHONE_NUMBER>. For the latest
status information on EPA/DC services, docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Acting Director,
Registration Division (7505T), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; main telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Office of the
Federal Register's e-CFR site at https://www.ecfr.gov/current/title-40.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2021-0385 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing and must be received by the Hearing Clerk on or before
September 27, 2022. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2021-0385, by one of
the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of October 21, 2021 (86 FR 58239) (FRL-
8792-04-OCSPP), EPA issued a document pursuant to FFDCA section
408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide
petition (PP 1E8913) by IR-4, North Carolina State University, 1730
Varsity Drive, Venture IV, Suite 210, Raleigh, NC 27606. The petition
requested to amend 40 CFR part 180.681 to establish tolerances for
residues of the fungicide isofetamid, N-[1,1-dimethyl-2-[2-methyl-4-(l-
methylethoxy)phenyl]-2-oxoethyl]-3-methyl-2-thiophenecarboxamide
including its metabolites and degradates, in or on the raw agricultural
commodities ginseng at 3 ppm; individual commodities of Proposed Crop
Subgroup 6-XXA: Edible podded bean legume vegetable subgroup at 0.6
ppm; individual commodities of Proposed Crop Subgroup 6-XXB: Edible
podded pea legume vegetable subgroup at 1.5 ppm; individual commodities
of Proposed Crop Subgroup 6-XXC: Succulent shelled bean subgroup at
0.04 ppm; individual commodities of Proposed Crop Subgroup 6-XXD:
Succulent shelled pea subgroup at 0.04 ppm; individual commodities of
Proposed Crop Subgroup 6-XXE: Dried shelled bean (except soybean),
subgroup at 0.04 ppm; and individual commodities of Proposed Crop
Subgroup 6-XXF: Dried shelled pea subgroup at 0.04 ppm. See the October
21, 2021, Federal Register notice for the specific commodities.
Additionally, the petition requested to remove the established
tolerances in or on the raw agricultural commodities: Pea and bean,
dried shelled, except soybean, subgroup 6C at 0.040 ppm; Pea and bean,
succulent shelled, subgroup 6B at 0.030 ppm; and vegetable, legume,
edible podded, subgroup 6A at 1.50 ppm. That document referenced a
summary of the petition, which is available in the docket, https://www.regulations.gov.

There were no comments received in response to the notice of filing.
    Based upon review of the data supporting the petition and in
accordance with its authority under FFDCA section 408(d)(4)(A)(i), EPA
is modifying the crop group definitions to be consistent with Agency
terminology and removing the existing tolerances for Vegetable, legume,
edible podded, subgroup 6A; Pea and bean, succulent shelled, subgroup
6B; and Pea and bean, dried shelled, except soybean, subgroup 6C.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue . .
. .''
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified therein, EPA has reviewed the available scientific data and
other relevant information in support of this action. EPA has
sufficient data to assess the hazards of and to make a determination on
aggregate exposure for isofetamid including exposure resulting from the
tolerances established by this action. EPA's assessment of exposures
and risks associated with isofetamid follows.
    In an effort to streamline its publications in the Federal
Register, EPA is not reprinting sections that repeat what has been
previously published for tolerance rulemaking of the same pesticide
chemical. Where scientific information concerning a particular chemical
remains unchanged, the content of those sections would not vary between
tolerance rulemaking, and EPA considers referral back to those sections
as sufficient to provide an explanation of the information EPA
considered in making its safety determination for the new rulemaking.
    EPA has previously published tolerance rulemakings in 2015 and 2017
in which EPA concluded, based on the available information, that there
is a reasonable certainty that no harm would result from aggregate
exposure to isofetamid and established tolerances for residues of that
pesticide chemical. EPA is incorporating previously published sections
from the 2015 and 2017 rulemakings as described further in this
rulemaking, as they remain unchanged.
    Toxicological profile. For a discussion of the Toxicological
Profile of isofetamid, see Unit III.A. of the isofetamid tolerance
rulemaking published in the Federal Register of July 30, 2015 (80 FR
45438) (FRL-9923-86).
    Toxicological points of departure/Levels of concern. For a summary
of the Toxicological Points of Departure/Levels of Concern for
isofetamid used for human risk assessment, please reference Unit III.B.
of the July 30, 2015, rulemaking.
    Exposure assessment. EPA's dietary exposure assessments have been
updated to include the additional exposure from the new use of
isofetamid on ginseng and the crop group expansions to all the
individual bean and pea commodities in proposed crop group 6-XX, which
is not yet finalized. An acute dietary exposure assessment was not
performed as there are no appropriate toxicological effects
attributable to a single exposure (dose). An unrefined chronic
aggregate dietary (food and drinking water) exposure and risk
assessment was conducted using the Dietary Exposure Evaluation Model
software with the Food Commodity Intake Database (DEEM-FCID) Version
4.02. This software uses 2005-2010 food consumption data from the U.S.
Department of Agriculture's (USDA's) National Health and Nutrition
Examination Survey, What We Eat in America (NHANES/WWEIA). The
unrefined chronic dietary exposure assessment used tolerance-level
residues and assumed 100 percent crop treated (PCT) for all registered
and proposed commodities. Default processing factors were used for all
other proposed and registered processed commodities. Exposure to
drinking water was incorporated directly into the dietary assessment. A
cancer dietary assessment was not conducted because isofetamid is
classified as ``not likely to be carcinogenic to humans.''
    Drinking water and non-occupational exposures. The previously
recommended estimated drinking water concentrations (EDWCs) remain
current and are considered protective potential drinking water residue
levels anticipated from the proposed tolerance updates. As stated in
the July 30, 2015, rulemaking, the chronic dietary exposure and risk
assessment incorporate the highest total estimated drinking water
concentrations (EDWC) of 110 parts per billion directly into this
dietary assessment. The residential exposure assessment has not changed
since the June 14, 2017, rulemaking (82 FR 27149) (FRL-9961-80) because
there are no proposed new residential uses. For a summary of the
residential exposure analysis for isofetamid used for the human risk
assessment, please reference Unit III.C.3. of the June 14, 2017,
rulemaking.
    Cumulative exposure. Section 408(b)(2)(D)(v) of FFDCA requires
that, when considering whether to establish, modify, or revoke a
tolerance, the Agency consider ``available information'' concerning the
cumulative effects of a particular pesticide's residues and ``other
substances that have a common mechanism of toxicity.'' Unlike other
pesticides for which EPA has followed a cumulative risk approach based
on a common mechanism of toxicity, EPA has not made a common mechanism
of toxicity finding for isofetamid and any other substances and
isofetamid does not appear to produce a toxic metabolite produced by
other substances. For the purposes of this tolerance action, therefore,
EPA has not assumed that isofetamid has a common mechanism of toxicity
with other substances.
    Safety factor for infants and children. EPA continues to conclude
that there are reliable data to support the reduction of the Food
Quality Protection Act (FQPA) safety factor from 10X to 1X. See Unit
III.D. of the July 30, 2015, rulemaking for a discussion of the
Agency's rationale for that determination.
    Aggregate risks and determination of safety. EPA determines whether
acute and chronic dietary pesticide exposures are safe by comparing
aggregate exposure estimates to the acute population-adjusted dose
(aPAD) and chronic population-adjusted dose (cPAD). Short-,
intermediate-, and chronic-term risks are evaluated by comparing the
estimated aggregate food, water, and residential exposure to the
appropriate points of departure to ensure that an adequate margin of
exposure (MOE) exists. For linear cancer risks, EPA calculates the
lifetime probability of acquiring cancer given the estimated aggregate
exposure.
    An acute dietary exposure assessment was not performed as there
were no appropriate toxicological effects

attributable to a single exposure (dose) observed in available oral
toxicity studies, including maternal toxicity in the developmental
toxicity studies. Chronic dietary risks are below the Agency's level of
concern of 100% of the cPAD; they are 4.0% of the cPAD for children 1
to 2 years old, the group with the highest exposure. The combined
short-term food, water, and residential exposures result in an
aggregate MOE of 670 for children 1 to 2 years old. This MOE is greater
than the level of concern of 100 and is therefore not of concern.
Isofetamid is classified as ``Not Likely to Be Carcinogenic to
Humans''; therefore, EPA does not expect isofetamid exposures to pose
an aggregate cancer risk.
    Therefore, based on the risk assessments and information described
above, EPA concludes there is a reasonable certainty that no harm will
result to the general population, or to infants and children, from
aggregate exposure to isofetamid residues. More detailed information on
this action can be found in the document titled ``Isofetamid. Human
Health Risk Assessment for the Petition to Establish Permanent
Tolerances and Associated Section 3 Registration for Residues Resulting
from Proposed Use on Ginseng and for Crop Group Conversions and
Expansions.'' in docket ID EPA-HQ-OPP-2021-0385.

IV. Other Considerations

A. Analytical Enforcement Methodology

    For a discussion of the available analytical enforcement method,
see Unit IV.A. of the July 30, 2015, rulemaking.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4).
    There are no Codex MRLs for isofetamid in or on ginseng. Presently,
there are Codex MRLs established for residues of isofetamid on edible
podded beans and peas at 0.6 ppm and on dry beans and peas at 0.09 ppm.
The U.S. tolerances of 0.6 ppm for the commodities in the proposed
edible podded bean legume subgroup are harmonized with the Codex MRL
for edible podded beans. The U.S. tolerances for the edible podded pea
commodities at 1.5 ppm are not harmonized with the lower Codex MRL of
0.6 ppm. Harmonization with Codex is not possible for the commodities
in the proposed edible podded pea legume vegetable subgroup because
decreasing the U.S. tolerance could cause U.S. growers to have
violative residues despite legal use of isofetamid according to the
label. EPA considered harmonizing the tolerances for dried bean and
dried pea commodities with the Codex MRL, but rather elected to be
consistent with the Canadian MRL.

V. Conclusion

    Therefore, tolerances are established for residues of isofetamid in
or on Bean, adzuki, dry seed at 0.04 ppm; Bean, American potato, dry
seed at 0.04 ppm; Bean, asparagus, dry seed at 0.04 ppm; Bean,
asparagus, edible podded at 0.6 ppm; Bean, black, dry seed at 0.04 ppm;
Bean, broad, dry seed at 0.04 ppm; Bean, broad, succulent shelled at
0.04 ppm; Bean, catjang, dry seed at 0.04 ppm; Bean, catjang, edible
podded at 0.6 ppm; Bean, catjang, succulent shelled at 0.04 ppm; Bean,
cranberry, dry seed at 0.04 ppm; Bean, dry, dry seed at 0.04 ppm; Bean,
field, dry seed at 0.04 ppm; Bean, French, dry seed at 0.04 ppm; Bean,
French, edible podded at 0.6 ppm; Bean, garden, dry seed at 0.04 ppm;
Bean, garden, edible podded at 0.6 ppm; Bean, goa, dry seed at 0.04
ppm; Bean, goa, edible podded at 0.6 ppm; Bean, goa, succulent shelled
at 0.04 ppm; Bean, great northern, dry seed at 0.04 ppm; Bean, green,
dry seed at 0.04 ppm; Bean, green, edible podded at 0.6 ppm; Bean,
guar, dry seed at 0.04 ppm; Bean, guar, edible podded at 0.6 ppm; Bean,
kidney, dry seed at 0.04 ppm; Bean, kidney, edible podded at 0.6 ppm;
Bean, lablab, dry seed at 0.04 ppm; Bean, lablab, edible podded at 0.6
ppm; Bean, lablab, succulent shelled at 0.04 ppm; Bean, lima, dry seed
at 0.04 ppm; Bean, lima, succulent shelled at 0.04 ppm; Bean, morama,
dry seed at 0.04 ppm; Bean, moth, dry seed at 0.04 ppm; Bean, moth,
edible podded at 0.6 ppm; Bean, moth, succulent shelled at 0.04 ppm;
Bean, mung, dry seed at 0.04 ppm; Bean, mung, edible podded at 0.6 ppm;
Bean, navy, dry seed at 0.04 ppm; Bean, navy, edible podded at 0.6 ppm;
Bean, pink, dry seed at 0.04 ppm; Bean, pinto, dry seed at 0.04 ppm;
Bean, red, dry seed at 0.04 ppm; Bean, rice, dry seed at 0.04 ppm;
Bean, rice, edible podded at 0.6 ppm; Bean, scarlet runner, dry seed at
0.04 ppm; Bean, scarlet runner, edible podded at 0.6 ppm; Bean, scarlet
runner, succulent shelled at 0.04 ppm; Bean, snap, edible podded at 0.6
ppm; Bean, sword, dry seed at 0.04 ppm; Bean, sword, edible podded at
0.6 ppm; Bean, tepary, dry seed at 0.04 ppm; Bean, urd, dry seed at
0.04 ppm; Bean, urd, edible podded at 0.6 ppm; Bean, wax, edible podded
at 0.6 ppm; Bean, wax, succulent shelled at 0.04 ppm; Bean, yardlong,
dry seed at 0.04 ppm; Bean, yardlong, edible podded at 0.6 ppm; Bean,
yellow, dry seed at 0.04 ppm; Chickpea, dry seed at 0.04 ppm; Chickpea,
edible podded at 1.5 ppm; Chickpea, succulent shelled at 0.04 ppm;
Cowpea, dry seed at 0.04 ppm; Cowpea, edible podded at 0.6 ppm; Cowpea,
succulent shelled at 0.04 ppm; Edible podded pea, edible podded at 1.5
ppm; Ginseng at 3 ppm; Gram, horse, dry seed at 0.04 ppm; Grass pea,
dry seed at 0.04 ppm; Grass pea, edible podded at 1.5 ppm; Jackbean,
dry seed at 0.04 ppm; Jackbean, edible podded at 0.6 ppm; Jackbean,
succulent shelled at 0.04 ppm; Lentil, dry seed at 0.04 ppm; Lentil,
edible podded at 1.5 ppm; Lentil, succulent shelled at 0.04 ppm;
Longbean, Chinese, dry seed at 0.04 ppm; Longbean, Chinese, edible
podded at 0.6 ppm; Lupin, Andean, dry seed at 0.04 ppm; Lupin, Andean,
succulent shelled at 0.04 ppm; Lupin, blue, dry seed at 0.04 ppm;
Lupin, blue, succulent shelled at 0.04 ppm; Lupin, grain, dry seed at
0.04 ppm; Lupin, grain, succulent shelled at 0.04 ppm; Lupin, sweet
white, dry seed at 0.04 ppm; Lupin, sweet white, succulent shelled at
0.04 ppm; Lupin, sweet, dry seed at 0.04 ppm; Lupin, sweet, succulent
shelled at 0.04 ppm; Lupin, white, dry seed at 0.04 ppm; Lupin, white,
succulent shelled at 0.04 ppm; Lupin, yellow, dry seed at 0.04 ppm;
Lupin, yellow, succulent shelled at 0.04 ppm; Pea, blackeyed, succulent
shelled at 0.04 ppm; Pea, crowder, dry seed at 0.04 ppm; Pea, crowder,
succulent shelled at 0.04 ppm; Pea, dry, dry seed at 0.04 ppm; Pea,
dwarf, edible podded at 1.5 ppm; Pea, English, succulent shelled at
0.04 ppm; Pea, field, dry seed at 0.04 ppm; Pea, garden, dry seed at
0.04 ppm; Pea, garden, succulent shelled at 0.04 ppm; Pea, green, dry
seed at 0.04 ppm; Pea, green, edible podded at 1.5 ppm; Pea, green,
succulent shelled at 0.04 ppm; Pea, pigeon, dry seed at 0.04 ppm; Pea,
pigeon, edible podded at 1.5 ppm; Pea, pigeon, succulent shelled at
0.04 ppm; Pea, snap, edible podded at 1.5 ppm; Pea, snow, edible podded
at 1.5 ppm; Pea, southern, succulent shelled at 0.04 ppm; Pea, sugar
snap, edible podded at 1.5 ppm; Pea, winged, dry seed at 0.04 ppm; Pea,
winged, edible podded at 0.6 ppm; Soybean, vegetable, dry seed at 0.04
ppm; Soybean, vegetable, edible podded at 0.6 ppm; Soybean, vegetable,
succulent shelled at 0.04 ppm; Velvetbean, dry seed at 0.04 ppm;
Velvetbean, edible podded at 0.6 ppm; Velvetbean, succulent shelled at
0.04

ppm; and Yam bean, African, dry seed at 0.04 ppm.
    Additionally, the existing tolerances on Vegetable, legume, edible
podded, subgroup 6A; Pea and bean, succulent shelled, subgroup 6B; and
Pea and bean, dried shelled, except soybean, subgroup 6C are removed as
unnecessary since they are covered by the new tolerances established in
this rulemaking.

VI. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 408(d) in
response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001), or to Executive Order 13045,
entitled ``Protection of Children from Environmental Health Risks and
Safety Risks'' (62 FR 19885, April 23, 1997). This action does not
contain any information collections subject to OMB approval under the
Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it
require any special considerations under Executive Order 12898,
entitled ``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations'' (59 FR 7629, February 16,
1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerances in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or Tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
Tribal Governments, on the relationship between the National Government
and the States or Tribal Governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian Tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

VII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: July 21, 2022.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR chapter 1 as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD

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

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

0
2. Amend Sec.  180.681 by revising the table in paragraph (a) to read
as follows:

Sec.  180.681  Isofetamid; tolerances for residues.

* * * * *

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Almond..................................................            0.01
Almond, hulls...........................................            0.01
Apple, wet pomace.......................................             2.0
Bean, adzuki, dry seed..................................            0.04
Bean, American potato, dry seed.........................            0.04
Bean, asparagus, dry seed...............................            0.04
Bean, asparagus, edible podded..........................             0.6
Bean, black, dry seed...................................            0.04
Bean, broad, dry seed...................................            0.04
Bean, broad, succulent shelled..........................            0.04
Bean, catjang, dry seed.................................            0.04
Bean, catjang, edible podded............................             0.6
Bean, catjang, succulent shelled........................            0.04
Bean, cranberry, dry seed...............................            0.04
Bean, dry, dry seed.....................................            0.04
Bean, field, dry seed...................................            0.04
Bean, French, dry seed..................................            0.04
Bean, French, edible podded.............................             0.6
Bean, garden, dry seed..................................            0.04
Bean, garden, edible podded.............................             0.6
Bean, goa, dry seed.....................................            0.04
Bean, goa, edible podded................................             0.6
Bean, goa, succulent shelled............................            0.04
Bean, great northern, dry seed..........................            0.04
Bean, green, dry seed...................................            0.04
Bean, green, edible podded..............................             0.6
Bean, guar, dry seed....................................            0.04
Bean, guar, edible podded...............................             0.6
Bean, kidney, dry seed..................................            0.04
Bean, kidney, edible podded.............................             0.6
Bean, lablab, dry seed..................................            0.04
Bean, lablab, edible podded.............................             0.6
Bean, lablab, succulent shelled.........................            0.04
Bean, lima, dry seed....................................            0.04
Bean, lima, succulent shelled...........................            0.04
Bean, morama, dry seed..................................            0.04
Bean, moth, dry seed....................................            0.04
Bean, moth, edible podded...............................             0.6
Bean, moth, succulent shelled...........................            0.04
Bean, mung, dry seed....................................            0.04
Bean, mung, edible podded...............................             0.6
Bean, navy, dry seed....................................            0.04
Bean, navy, edible podded...............................             0.6
Bean, pink, dry seed....................................            0.04
Bean, pinto, dry seed...................................            0.04
Bean, red, dry seed.....................................            0.04
Bean, rice, dry seed....................................            0.04
Bean, rice, edible podded...............................             0.6
Bean, scarlet runner, dry seed..........................            0.04
Bean, scarlet runner, edible podded.....................             0.6
Bean, scarlet runner, succulent shelled.................            0.04
Bean, snap, edible podded...............................             0.6
Bean, sword, dry seed...................................            0.04
Bean, sword, edible podded..............................             0.6
Bean, tepary, dry seed..................................            0.04
Bean, urd, dry seed.....................................            0.04
Bean, urd, edible podded................................             0.6
Bean, wax, edible podded................................             0.6
Bean, wax, succulent shelled............................            0.04
Bean, yardlong, dry seed................................            0.04
Bean, yardlong, edible podded...........................             0.6

Bean, yellow, dry seed..................................            0.04
Berry, low growing, subgroup 13-07G.....................             4.0
Bushberry subgroup 13-07B...............................             5.0
Caneberry subgroup 13-07A...............................             4.0
Canola, refined oil.....................................            0.03
Cherry subgroup 12-12A..................................             4.0
Chickpea, dry seed......................................            0.04
Chickpea, edible podded.................................             1.5
Chickpea, succulent shelled.............................            0.04
Cowpea, dry seed........................................            0.04
Cowpea, edible podded...................................             0.6
Cowpea, succulent shelled...............................            0.04
Edible podded pea, edible podded........................             1.5
Flax, seed, oil.........................................            0.03
Fruit, pome, group 11-10................................            0.60
Fruit, small vine climbing, except fuzzy kiwifruit,                  3.0
 subgroup 13-07F........................................
Fruit, small vine climbing, except grape, subgroup 13-              10.0
 07E....................................................
Ginseng.................................................               3
Gram, horse, dry seed...................................            0.04
Grape, raisin...........................................             5.0
Grass pea, dry seed.....................................            0.04
Grass pea, edible podded................................             1.5
Jackbean, dry seed......................................            0.04
Jackbean, edible podded.................................             0.6
Jackbean, succulent shelled.............................            0.04
Lentil, dry seed........................................            0.04
Lentil, edible podded...................................             1.5
Lentil, succulent shelled...............................            0.04
Lettuce, head...........................................             5.0
Lettuce, leaf...........................................             7.0
Longbean, Chinese, dry seed.............................            0.04
Longbean, Chinese, edible podded........................             0.6
Lupin, Andean, dry seed.................................            0.04
Lupin, Andean, succulent shelled........................            0.04
Lupin, blue, dry seed...................................            0.04
Lupin, blue, succulent shelled..........................            0.04
Lupin, grain, dry seed..................................            0.04
Lupin, grain, succulent shelled.........................            0.04
Lupin, sweet white, dry seed............................            0.04
Lupin, sweet white, succulent shelled...................            0.04
Lupin, sweet, dry seed..................................            0.04
Lupin, sweet, succulent shelled.........................            0.04
Lupin, white, dry seed..................................            0.04
Lupin, white, succulent shelled.........................            0.04
Lupin, yellow, dry seed.................................            0.04
Lupin, yellow, succulent shelled........................            0.04
Mustard, seed, oil......................................            0.03
Pea, blackeyed, succulent shelled.......................            0.04
Pea, crowder, dry seed..................................            0.04
Pea, crowder, succulent shelled.........................            0.04
Pea, dry, dry seed......................................            0.04
Pea, dwarf, edible podded...............................             1.5
Pea, English, succulent shelled.........................            0.04
Pea, field, dry seed....................................            0.04
Pea, garden, dry seed...................................            0.04
Pea, garden, succulent shelled..........................            0.04
Pea, green, dry seed....................................            0.04
Pea, green, edible podded...............................             1.5
Pea, green, succulent shelled...........................            0.04
Pea, pigeon, dry seed...................................            0.04
Pea, pigeon, edible podded..............................             1.5
Pea, pigeon, succulent shelled..........................            0.04
Pea, snap, edible podded................................             1.5
Pea, snow, edible podded................................             1.5
Pea, southern, succulent shelled........................            0.04
Pea, sugar snap, edible podded..........................             1.5
Pea, winged, dry seed...................................            0.04
Pea, winged, edible podded..............................             0.6
Peach subgroup 12-12B...................................             3.0
Plum subgroup 12-12C....................................            0.80
Plum, Prune, Dried......................................            1.50
Rapeseed subgroup 20A...................................           0.015
Sesame, oil.............................................            0.03
Soybean, vegetable, dry seed............................            0.04
Soybean, vegetable, edible podded.......................             0.6
Soybean, vegetable, succulent shelled...................            0.04
Velvetbean, dry seed....................................            0.04
Velvetbean, edible podded...............................             0.6
Velvetbean, succulent shelled...........................            0.04
Yam bean, African, dry seed.............................            0.04
------------------------------------------------------------------------

* * * * *
[FR Doc. 2022-16070 Filed 7-28-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: December 2, 2008 (Volume 73, Number 232)]
[Notices]
[Page 73360-73363]
[DOCID:fr02de08-110]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59011; File No. SR-NYSE-2008-122]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Order Granting Accelerated Approval of Proposed
Rule Change To Expand the Exception to NYSE Rule 2B To Allow
Archipelago Securities LLC To Route Orders to the NYSE in its Capacity
as an Order Routing Facility of NYSE Alternext US LLC

November 24, 2008.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 19, 2008, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons, and is approving the
proposal on an accelerated basis.
---------------------------------------------------------------------------

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

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

    The Exchange is proposing to expand the exception to NYSE Rule 2B
to allow Archipelago Securities LLC (``Arca Securities''), an NYSE
affiliated member, to route orders to the NYSE, in its capacity as an
order routing facility of NYSE Alternext US LLC (``NYSE Alternext''). A
copy of this filing is available on the Exchange's Web site at http://
www.nyse.com, at the Exchange's principal office and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    On September 29, 2008, the Securities and Exchange Commission
(``SEC'' or ``Commission'') approved the routing of orders by Arca
Securities to the NYSE and certain revisions to Exchange Rule 2B.\3\ In
that filing, the Exchange discussed Arca Securities' status as an order
routing facility of NYSE Arca, Inc. (``NYSE Arca'').\4\ In its capacity
as an order routing facility, Arca Securities receives routing
instructions from NYSE Arca and routes orders to various away market
centers, including the NYSE, for execution. The Exchange notes that
Arca Securities is subject to independent oversight and enforcement by
the Financial Industry Regulatory Authority (``FINRA''), an
unaffiliated self-regulatory organization (``SRO'') that is Arca
Securities' designated examining authority. In this capacity, FINRA is
responsible for examining Arca Securities with respect to its books and
records and capital obligations, and shares with NYSE Regulation, Inc.
(``NYSE Regulation'') the responsibility for reviewing Arca Securities'
compliance with intermarket trading rules such as SEC Regulation NMS.
In addition, through an agreement between FINRA and the NYSE pursuant
to the provisions of SEC Rule 17d-2 under the Securities Exchange Act
of 1934, FINRA's staff reviews for Arca Securities' compliance with
other NYSE rules through FINRA's examination program. NYSE Regulation
monitors Arca Securities for compliance with NYSE trading rules,
subject, of course, to SEC oversight of NYSE Regulation's regulatory
program.
---------------------------------------------------------------------------

    \3\ See Securities and Exchange Act Release No. 34-58680
(September 29, 2008), 73 FR 58283 (October 6, 2008) (order approving
SR-NYSE-2008-76).
    \4\ Arca Securities also currently acts as the outbound order
routing facility of the NYSE. In this capacity, Arca Securities
facilitates the acceptance of executions that result in an odd-lot
or a sub-penny execution since NYSE systems are unable to accept
such executions after Arca Securities routes an Exchange order to an
away market center. See Securities Exchange Act Release No. 34-55590
(April 5, 2007), 72 FR 18707 (April 13, 2007) (notice of immediate
effectiveness of SR-NYSE-2007-29). Recently, the NYSE modified its
electronic trading system in order to accommodate away market center
executions in sub-pennies; implementation of this modification
should substantially reduce the need for Arca Securities to
facilitate sub-penny executions. See Securities Exchange Act Release
No. 34-58936 (November 13, 2008) (notice of filing and immediate
effectiveness of SR-NYSE-2008-117).
---------------------------------------------------------------------------

    In addition, the Exchange has established certain mechanisms

designed to address the Commission's concerns regarding affiliated
members. Pursuant to NYSE Rule 2B, the Exchange has established and
implemented procedures and internal controls reasonably designed to
ensure that Arca Securities does not develop or implement changes to
its system on the basis of non-public information regarding planned
changes to Exchange systems, obtained as a result of its affiliation
with the Exchange, until such information is available generally to
similarly situated members of the Exchange in connection with the
provision of inbound order routing to the Exchange. In addition, NYSE
Regulation has agreed to collect and maintain certain surveillance
related information concerning Arca Securities. NYSE Regulation has
further agreed to provide a report to the Exchange's Chief Regulatory
Officer, on at least a quarterly basis, utilizing a quantitative
approach in assessing Arca Securities' compliance with applicable NYSE
or SEC rules. By this filing, the Exchange proposes to expand the
exception to NYSE Rule 2B to allow Arca Securities to route orders to
the NYSE, in its capacity as an order routing facility of NYSE
Alternext.
    Recently, NYSE Alternext filed with the Commission a proposal to
use Arca Securities as its approved outbound order routing facility.\5\
Pursuant to that proposal and NYSE Alternext rules governing its
Routing Broker,\6\ Arca Securities will receive its routing
instructions from NYSE Alternext and report any such executions back to
NYSE Alternext. Arca Securities has no discretion and cannot change the
terms of an order or the routing instructions. Moreover, each type of
order is subject to the same principles governing the Exchange's
authority to route orders to away market centers, namely: use of Arca
Securities for outbound routing is only available to--and is optional
for--NYSE Alternext members, the primary regulatory responsibility for
Arca Securities lies with an unaffiliated SRO, and appropriate
procedures are in place to manage any conflicts of interest or
potential information advantages. In the capacity as a facility of NYSE
Alternext, Arca Securities will receive routing instructions from NYSE
Alternext and will route orders to various away market centers,
including the NYSE, for execution.
---------------------------------------------------------------------------

    \5\ See SR-NYSEALTR-2008-07 (filing seeking approval for Arca
Securities to operate as the outbound order routing facility of NYSE
Alternext). Arca Securities will perform only the functions
described in SR-NYSEALTR-2008-07 and the functionality approved in
SR-AMEX-2008-62. See Securities Exchange Act Release No. 34-58673
(September 29, 2008), 73 FR 57707 (October 3, 2008) (order approving
SR-AMEX-2008-62).
    \6\ NYSE Alternext recently received approval to implement Rules
13 and 17, which define the term Routing Broker and establish the
conditions under which its Routing Broker shall operate. See,
Securities Exchange Act Release No. 34-58705 (October 1, 2008), 73
FR 58995 (October 8, 2008) (order approving SR-AMEX-2008-63).
---------------------------------------------------------------------------

    The Exchange is submitting this filing in order to expand the
exception to NYSE Rule 2B to allow Arca Securities to route orders to
the NYSE, in its capacity as an order routing facility of NYSE
Alternext. Specifically, NYSE Regulation has agreed with the Exchange
that it will collect and maintain the following information of which
NYSE Regulation staff becomes aware--namely, all alerts, complaints,
investigations and enforcement actions where Arca Securities (in its
capacity as a facility of both NYSE Arca and NYSE Alternext, routing
orders to the NYSE) is identified as a participant that has potentially
violated NYSE or applicable SEC rules--in an easily accessible manner,
so as to facilitate any review conducted by the SEC's Office of
Compliance Inspections and Examinations. NYSE Regulation has further
agreed with the Exchange that it will provide a report to the
Exchange's Chief Regulatory Officer, on at least a quarterly basis,
which: (i) Quantifies all alerts (of which NYSE Regulation is aware in
its tracking system) that identify Arca Securities as a participant
that has potentially violated NYSE or SEC rules and (ii) quantifies the
number of all investigations that identify Arca Securities as a
participant that has potentially violated NYSE or SEC rules.\7\ In
addition, the agreement between FINRA and NYSE pursuant to the
provisions of Rule 17d-2 under the Act, as well as the provisions of
NYSE Rule 2B(2) will apply to routing by Arca Securities to the NYSE in
its capacity as a facility of NYSE Alternext. The Exchange proposes
that the Commission authorize the NYSE to receive inbound routes from
Arca Securities (in its capacity as a facility of NYSE Alternext,
routing orders to the NYSE) on a pilot basis. The Exchange requests
that this pilot period run concurrently with a twelve month pilot
period for the NYSE's receipt of ``PO+'' orders from Arca Securities,
which commenced on September 29, 2008.\8\ The Exchange believes that
this pilot period is of sufficient length to permit both the Exchange
and the Commission to assess the impact of the rule change described
herein.
---------------------------------------------------------------------------

    \7\ The Exchange, NYSE Regulation, and SEC staff, may agree
going forward to reduce the number of applicable or relevant
surveillances that form the scope of the agreed upon report.
    \8\ See supra note 3.
---------------------------------------------------------------------------

2. Statutory Basis
    The proposed rule change is consistent with section 6(b) \9\ of the
Securities Exchange Act of 1934 (the ``Act''), in general, and furthers
the objectives of section 6(b)(5),\10\ 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, and to remove impediments to and perfect the mechanisms of
a free and open market and a national market system. Specifically, the
Exchange is submitting this filing in order to expand the exception to
NYSE Rule 2B to allow Arca Securities to route orders to the NYSE, in
its capacity as an order routing facility of NYSE Alternext.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

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

III. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2008-122 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2008-122. This file

number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, on official business
days between the hours of 10 a.m. and 3 p.m. Copies of the filing also
will be available for inspection and copying at the principal office of
the Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSE-2008-122 and should be submitted on or before December 23, 2008.

IV. Commission's Findings and Order Granting Accelerated Approval of a
Proposed Rule Change

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\11\ In
particular, the Commission finds that the proposed rule change is
consistent with section 6(b)(5) of the Act,\12\ which requires, among
other things, that the rules of a national securities exchange be
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 regulating, clearing,
settling, processing information with respect to, and 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; and are not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \11\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In the past, the Commission has expressed concern that the
affiliation of an exchange with one of its members raises potential
conflicts of interest, and the potential for unfair competitive
advantage.\13\ The proposed use of Arca Securities as the outbound
routing facility of NYSE Alternext,\14\ which the Commission approved
today, will expand the activities of Arca Securities in routing orders
to the NYSE.\15\ Although the Commission continues to be concerned
about potential unfair competition and conflicts of interest between an
exchange's self-regulatory obligations and its commercial interests
when the exchange is affiliated with one of its members, the Commission
believes that it is consistent with the Act to permit Arca Securities
to provide inbound routing to the NYSE from NYSE Alternext on a pilot
basis, subject to the conditions described above.
---------------------------------------------------------------------------

    \13\ See, e.g. , Securities Exchange Act Release Nos. 54170
(July 18, 2006), 71 FR 42149 (July 25, 2006) (SR-NASDAQ-2006-006)
(order approving Nasdaq's proposal to adopt Nasdaq Rule 2140,
restricting affiliations between Nasdaq and its members); and 53382
(February 27, 2006, 71 FR 11251 (March 6, 2006) (SR-NYSE-2005-77)
(order approving the combination of the New York Stock Exchange,
Inc. and Archipelago Holdings) at 11255; see also Securities
Exchange Act Release No. 58680, supra note 3.
    \14\ See supra note 5.
    \15\ See Securities Exchange Act Release No. 59009 (November 24,
2008) (notice of filing and order approving SR-NYSEALTR-2008-07 on
an accelerated basis). See also supra note 5.
---------------------------------------------------------------------------

    NYSE Euronext, a Delaware Corporation (``NYSE Euronext'') currently
indirectly owns Arca Securities, a broker-dealer that is a member of
the NYSE. In addition, NYSE Euronext indirectly owns three registered
securities exchanges--the NYSE, NYSE Arca, and NYSE Alternext. Thus,
Arca Securities is an affiliate of each of these exchanges.
    NYSE Rule 2B prohibits the NYSE, or any entity with which the NYSE
is affiliated, from acquiring or maintaining an ownership interest in a
member, absent Commission approval. Thus, Arca Securities's affiliation
with the NYSE would violate NYSE rules, absent Commission approval.
    The Commission has approved Arca Securities affiliation with, and
operation as a facility of, the NYSE for the provision of outbound
routing from the NYSE to other market centers, subject to certain
conditions.\16\ Arca Securities's operation as a facility providing
outbound routing for the NYSE is subject to the conditions that: (1)
Arca Securities is operated and regulated as a facility of the NYSE;
(2) Arca Securities only provide outbound routing services unless
otherwise approved by the Commission; \17\ (3) the primary regulatory
responsibility for Arca Securities lies with an unaffiliated SRO; and
(4) the use of Arca Securities's for outbound routing is available only
to NYSE members and the use of Arca Securities's routing function
remains optional.\18\ Arca Securities also operates as a facility of
NYSE Arca and similarly provides outbound routing from NYSE Arca to
other market centers, subject to conditions similar to those listed
above; \19\ and today the Commission also approved Arca Securities
operation as a facility of NYSE Alternext to provide outbound routing
from NYSE Alternext under similar terms.\20\
---------------------------------------------------------------------------

    \16\ See Securities Exchange Act Release No. 58680 supra note 3.
See also Securities Exchange Act Release No. 55590, supra note 4;
and supra 4.
    \17\ See NYSE Rule 17(b)2.
    \18\ Id. See also NYSE Rule 17.
    \19\ See Securities Exchange Act Release No. 52497 (September
22, 2005), 70 FR 56949 (September 29, 2005) (SR-PCX-2005-90) (order
approving proposed rule changes in connection with the acquisition
of the Pacific Exchange, Inc. (``PCX,'' n/k/a NYSE Arca) by
Archipelago Holdings, Inc.). See also Securities Exchange Act
Release Nos. 58681 (September 29, 2008), 73 FR 58285 (October 6,
2008) (SR-NYSEArca-2008-90).
    \20\ See Securities Exchange Act Release No. 59009, supra note
15. See also supra note 5.
---------------------------------------------------------------------------

    The operation of Arca Securities as a facility of NYSE Alternext
providing outbound routing services from that exchange will be subject
to NYSE Alternext oversight, as well as Commission oversight. NYSE
Alternext will be responsible for ensuring that Arca Securities's
outbound routing function is operated consistent with section 6 of the
Act and NYSE Alternext rules. In addition, NYSE Alternext, must file
with the Commission rule changes and fees relating to Arca Securities's
outbound routing function.
    Recognizing that the Commission has previously expressed concern
regarding the potential for conflicts of interest in instances where a
member firm is affiliated with an exchange to which it is routing
orders, the NYSE previously proposed, and the Commission approved,
limitations and conditions on its acceptance of orders routed from its
affiliate, Arca Securities, in its capacity as a facility of the
NYSE.\21\ The Exchange now proposes to accept inbound orders that Arca
Securities routes in its capacity as a facility of NYSE Alternext,
subject to the same limitations and conditions:
---------------------------------------------------------------------------

    \21\ See Securities Exchange Act Release No. 58680, supra note
3.
---------------------------------------------------------------------------

     First, NYSE Arca states that the agreement between FINRA
and the NYSE pursuant to Rule 17d-2 under the Act will apply to routing
by Arca

Securities to the NYSE in its capacity as a facility of NYSE Alternext.
Pursuant to this agreement, FINRA is allocated regulatory
responsibilities to review Arca Securities' compliance with certain
NYSE rules.\22\
---------------------------------------------------------------------------

    \22\ NYSE Arca also states that Arca Securities is subject to
independent oversight by FINRA, its Designated Examining Authority,
for compliance with financial responsibility requirements. See supra
section II.A.1.
---------------------------------------------------------------------------

     Second, NYSE Regulation \23\ will monitor Arca Securities
for compliance with the NYSE's trading rules, and will collect and
maintain certain related information.\24\
---------------------------------------------------------------------------

    \23\ NYSE Regulation is a wholly owned subsidiary of the NYSE
that performs the regulatory functions of the NYSE pursuant to a
delegation agreement. NYSE Regulation also performs many of the
regulatory functions of NYSE pursuant to a regulatory services
agreement. See Securities Exchange Act Release No. 53382 (February
27, 2006), 71 FR 11251 (March 6, 2006) (SR-NYSE-2005-77) (``NYSE/
Arca Order'') at 11255.
    \24\ Specifically, NYSE Regulation ``will collect and maintain
the following information of which NYSE Regulation staff becomes
aware--namely, all alerts, complaints, investigations and
enforcement actions where Arca Securities (in its capacity as a
facility of both the NYSE Arca and NYSE Alternext, routing orders to
NYSE Arca) is identified as a participant that has potentially
violated NYSE or applicable SEC rules--in an easily accessible
manner so as to facilitate any review conducted by the SEC's Office
of Compliance Inspections and Examination.'' See supra section
II.A.1.
---------------------------------------------------------------------------

     Third, the NYSE states that NYSE Regulation has agreed
with the NYSE that it will provide a report to the NYSE's CRO, on a
quarterly basis, that: (i) Quantifies all alerts (of which NYSE
Regulation is aware) that identify Arca Securities as a participant
that has potentially violated NYSE or Commission rules, and (ii)
quantifies the number of all investigations that identify Arca
Securities as a participant that has potentially violated NYSE or
Commission rules.\25\
---------------------------------------------------------------------------

    \25\ See supra section II.A.1.
---------------------------------------------------------------------------

     Fourth, NYSE Rule 2B(2), which requires NYSE Euronext, as
the holding company owning both the NYSE and Arca Securities, to
establish and maintain procedures and internal controls reasonably
designed to ensure that Arca Securities does not develop or implement
changes to its system, based on non-public information obtained
regarding planned changes to NYSE systems as a result of its
affiliation with the NYSE, until such information is available
generally to similarly situated members of NYSE, in connection with the
provision of inbound order routing to the NYSE, will apply.\26\
---------------------------------------------------------------------------

    \26\ See id. See also NYSE Rule 2B(2).
---------------------------------------------------------------------------

     Fifth, the NYSE proposes that routing from Arca Securities
to NYSE, in Arca Securities's capacity as a facility of NYSE Alternext,
be authorized for a pilot period to run concurrently with a twelve
month pilot period for the NYSE's receipt of ``PO+'' orders from Arca
Securities, which commenced on September 29, 2008.\27\
---------------------------------------------------------------------------

    \27\ See supra note 8 and accompanying text.
---------------------------------------------------------------------------

    The Commission believes that these conditions mitigate its concerns
about potential conflicts of interest and unfair competitive advantage.
In particular, the Commission believes that FINRA's oversight of Arca
Securities,\28\ combined with NYSE Regulation's monitoring of Arca
Securities' compliance with the NYSE's trading rules and quarterly
reporting to the NYSE's CRO, will help to protect the independence of
the NYSE's regulatory responsibilities with respect to Arca Securities.
Furthermore, the Commission believes that the NYSE's proposal to allow
Arca Securities to route orders inbound to the NYSE from NYSE
Alternext, on a pilot basis, will provide the NYSE and the Commission
an opportunity to assess the impact of any conflicts of interest of
allowing an affiliated member of the NYSE to route orders inbound to
the NYSE and whether such affiliation provides an unfair competitive
advantage.
---------------------------------------------------------------------------

    \28\ This oversight will be accomplished through the 17d-2
agreement between FINRA and NYSE.
---------------------------------------------------------------------------

    The NYSE has asked the Commission to accelerate approval of the
proposed rule change. The NYSE in part that the proposed changes are
``required due to NYSE Alternext's planned implementation of a new
trading system and the use of Arca Securities as its outbound routing
facility.''\29\ The NYSE also states that accelerated approval ``will
permit the Exchange to amend its mechanisms that are designed to
address the Commission's concerns regarding affiliated members in time
to provide these protections at the time of NYSE Alternext's
implementation of its new trading system, which is targeted for
December 1, 2008.'' \30\ The Commission finds good cause for approving
the proposed rule change before the thirtieth day after the date of
publication of notice of filing thereof in the Federal Register. The
Commission notes that the protections proposed by the NYSE, which are
designed to address conflicts of interest concerns identified by the
Commission in connection with the inbound routing of orders to an
exchange when the routing broker-dealer is an affiliate of that
exchange, are substantially the same as the conditions the Exchange
currently has in place to address inbound routing from NYSE Arca, which
were previously approved by the Commission.\31\ The Commission also
notes that no comments were received in connection with SR-NYSE-2008-
76. Accordingly, the Commission finds good cause, consistent with
section 19(b)(2) of the Act,\32\ to approve the proposed rule change on
an accelerated basis for a pilot period expiring September 29, 2009.
---------------------------------------------------------------------------

    \29\ See SR-NYSE-2008-122, Item 7.
    \30\ Id.
    \31\ See Securities Exchange Act Release No. 58680, supra note
3. See also Securities Exchange Act Release Nos. 58673, supra note
5, and 58681, supra note 19, (establishing similar protections for
inbound routing from Arca Securities to Alternext and NYSE Arca,
respectively).
    \32\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

V.Conclusion

    It is therefore ordered, pursuant to section 19(b)(2) of the Act,
that the proposed rule change (SR-NYSE-2008-122) is hereby approved on
an accelerated basis for a pilot period to expire on September 29,
2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\33\
---------------------------------------------------------------------------

    \33\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
 [FR Doc. E8-28499 Filed 12-1-08; 8:45 am]

BILLING CODE 8011-01-P