[Federal Register Volume 87, Number 62 (Thursday, March 31, 2022)]
[Notices]
[Pages 18825-18832]
[FR Doc No: 2022-06850]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94527; File No. SR-CboeEDGX-2022-017]

Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend Its Rules Relating to the Continuing Education for Registered
Persons and Move Those Rules From Interpretation and Policy .02 of Rule
2.5 to Proposed Rule 2.16 and To Amend Related Registration
Requirements Provided Under Various Interpretations and Policies of
Rule 2.5

March 28, 2022.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on March 15, 2022, Cboe EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') filed with the Securities and Exchange Commission (the
``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Exchange filed the proposal as a ``non-controversial'' proposed
rule change pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and
Rule 19b-4(f)(6) thereunder.\4\ The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its rules relating to the Continuing

Education for Registered Persons and move those rules from
Interpretation and Policy .02 of Rule 2.5 to proposed Rule 2.16 and to
amend related registration requirements provided under various
Interpretations and Policies of Rule 2.5. The text of the proposed rule
change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/options/regulation/rule_filings/edgx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
(i) Existing CE Program Background
    The continuing education program for registered persons of broker-
dealers (``CE Program'') generally requires registered persons to
complete continuing education consisting of a Regulatory Element. The
Regulatory Element is delivered through a web-based delivery method
called ``CE Online,'' which is administered through the Financial
Industry Regulatory Authority, Inc. (``FINRA'') online continuing
education system, and focuses on regulatory requirements and industry
standards. The CE Program for registered persons is currently codified
under Interpretation and Policy .02 of Exchange Rule 2.5. The Exchange
now proposes to expand the CE Program to adopt rules pertaining to a
Firm Element component of continuing education. The Firm Element would
be provided by each firm and focus on securities products, services and
strategies the firm offers, firm policies and industry trends. In
addition, the Exchange proposes other changes to amend, move,
reorganize and enhance its rules regarding its CE Program, as described
below.
    The Commission recently approved a proposal submitted by FINRA
relating to its CE Program.\5\ The Exchange understands that other
exchanges have or will propose similar amendments based on FINRA's rule
changes. Therefore, the Exchange proposes to amend and enhance its own
CE Program as provided under proposed Rule 2.16 and its related
registration requirements as provided under various Interpretations and
Policies of Rule 2.5 in response to FINRA's amended CE Program and to
facilitate compliance with the Exchange's CE Program requirements by
members of multiple exchanges. The Exchange proposes to implement the
proposed rule changes to align with FINRA's CE Program implementation
dates.\6\ Specifically, the proposed implementation dates are as
follows: Changes relating to proposed Rule 2.16(c) (Continuing
Education Program for Persons Maintaining Their Qualification Following
the Termination of a Registration Category) will become effective March
15, 2022; changes to recognize waiver of examination programs for
individuals working for a financial services industry affiliate of a
member that are administered by the Exchange's affiliates, Cboe
Exchange, Inc. (``Cboe'') and Cboe C2 Exchange, Inc. (``C2''), and by
FINRA (referred to as the ``FSA waiver programs'' or ``FSAWPs'') will
become effective March 15, 2022; and all other changes, including
changes reflected in proposed Rules 2.16(a) (Regulatory Element) \7\
and 2.16(b) (Firm Element) will become effective January 1, 2023.
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    \5\ See Securities and Exchange Act No. 93097 (September 21,
2021) 86 FR 53358 (September 27, 2021) (SR-FINRA-2021-015) (Order
Approving a Proposed Rule Change To Amend FINRA Rules 1210
(Registration Requirements) and 1240 (Continuing Education
Requirements)).
    \6\ See FINRA Regulatory Notice 21-41 (November 17, 2021).
    \7\ An individual's initial annual Regulatory Element due date
will be December 31, 2023.
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a. Regulatory Element
    Interpretation and Policy .02(a) of Rule 2.5 currently requires a
registered person to complete the applicable Regulatory Element
initially within 120 days after the person's second registration
anniversary date and, thereafter, within 120 days after every third
registration anniversary date.\8\ The Exchange may extend these time
frames for good cause shown.\9\ Unless otherwise determined, any
registered persons who have not completed the Regulatory Element of the
program within the prescribed time frames will have their
registration(s) deemed inactive and will be designated as ``CE
inactive'' in the CRD system until the requirements of the Regulatory
Element have been satisfied.\10\ A CE inactive person is prohibited
from performing, or being compensated for, any activities requiring
registration, including supervision. Moreover, if registered persons
remain CE inactive for two consecutive years, they must requalify by
retaking required examinations (or obtain a waiver of the applicable
qualification examinations).\11\
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    \8\ See Rule 2.5.02(a). An individual's registration anniversary
date is generally the date they initially registered in the Central
Registration Depository (``CRD[supreg]'') system. However, an
individual's registration anniversary date would be reset if the
individual has been out of the industry for two or more years and is
required to requalify by examination, or obtain an examination
waiver, in order to reregister. An individual's registration
anniversary date would also be reset if the individual obtains a
conditional examination waiver that requires them to complete the
Regulatory Element by a specified date. Non-registered individuals
who are participating in the waiver program under proposed Rule
2.5.07 (Waiver of Examinations for Individuals Working for a
Financial Services Industry Affiliate of a Member) (``FSAWP
participants'') are also subject to the Regulatory Element. See also
proposed Rule 2.16(a)(5) (Definition of Covered Person). The
Regulatory Element for FSAWP participants correlates to their most
recent registration(s), and it must be completed based on the same
cycle had they remained registered. FSAWP participants are eligible
for a single, fixed seven-year waiver period from the date of their
initial designation, subject to specified conditions. Registered
persons who become subject to a significant disciplinary action, as
specified in proposed Rule 2.16(a)(2) (Disciplinary Actions), may be
required to retake the Regulatory Element within 120 days of the
effective date of the disciplinary action, if they remain
registered. Further, their cycle for participation in the Regulatory
Element may be adjusted to reflect the effective date of the
disciplinary action rather than their registration anniversary date.
    \9\ See Rule 2.5.02(b).
    \10\ Supra note 8. Individuals must complete the entire
Regulatory Element session to be considered to have ``completed''
the Regulatory Element; partial completion is the same as non-
completion.
    \11\ See Rule 2.5.02(b). This CE inactive two-year period is
calculated from the date such persons become CE inactive, and it
continues to run regardless of whether they terminate their
registrations before the end of the two-year period. Therefore, if
registered persons terminate their registrations while in a CE
inactive status, they must satisfy all outstanding Regulatory
Element prior to the end of the CE inactive two-year period in order
to reregister with a Member without having to requalify by
examination or having to obtain an examination waiver.
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    The Regulatory Element currently consists of a subprogram for
registered persons generally, and a subprogram for principals and
supervisors.\12\ While some of the current Regulatory Element content
is unique to particular registration categories, most of the

content has broad application to both representatives and
principals.\13\ The Regulatory Element was originally designed at a
time when most individuals had to complete the Regulatory Element at a
test center, and its design was shaped by the limitations of the test
center-based delivery model. In 2015, the delivery of the Regulatory
Element was transitioned to an online platform, referred to above as CE
Online, which allows individuals to complete the content online at a
location of their choosing, including their private residence. This
online delivery provides for much greater flexibility in updating
content in a timelier fashion, developing content tailored to each
registration category and presenting the material in an optimal
learning format.
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    \12\ The S101 (General Program for Registered Persons) and the
S201 (Registered Principals and Supervisors).
    \13\ The current content is presented in a single format leading
individuals through a case that provides a story depicting
situations that they may encounter in the course of their work.
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b. Firm Element
    As noted above, Exchange Rules do not currently provide for a Firm
Element of the CE Program. However, as discussed in more detail further
below, the Exchange is now proposing to introduce a Firm Element, which
would be modeled after FINRA Rule 1240 and Cboe Rule 3.33(c).
c. Termination of a Registration
    Currently, individuals whose registrations as representatives or
principals have been terminated for two or more years may reregister as
representatives or principals only if they requalify by retaking and
passing the applicable representative- or principal-level examination
or if they obtain a waiver of such examination(s) (the ``two-year
qualification period'').\14\ The two-year qualification period was
intended to ensure that individuals who reregister are relatively
current on their regulatory and securities knowledge.
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    \14\ See Rule 2.5.02(d). The two-year qualification period is
calculated from the date individuals terminate their registration
and the date the Exchange receives a new application for
registration. The two-year qualification period does not apply to
individuals who terminate a limited registration category that is a
subset of a broader registration category for which they remain
qualified. Such individuals have the option of reregistering in the
more limited registration category without having to requalify by
examination or obtain an examination waiver so long as they continue
to remain qualified for the broader registration category. Further,
the two-year qualification period only applies to the
representative- and principal-level examinations; it does not extend
to the Securities Industry Essentials (``SIE'') examination. The SIE
examination is valid for four years, but having a valid SIE
examination alone does not qualify an individual for registration as
a representative or principal. Individuals whose registrations as
representatives or principals have been revoked pursuant to Exchange
Rule 8.11 (Judgment and Sanction) may only requalify by retaking the
applicable representative- or principal-level examination in order
to reregister as representatives or principals, in addition to
satisfying the eligibility conditions for association with a firm.
Waivers are granted on a case-by-case basis under Rule 2.5.01(b).
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(ii) Proposed Rule Change
    After extensive work with the Securities Industry/Regulatory
Council on Continuing Education (``CE Council''), FINRA, other Self-
Regulatory Organizations and industry participants, the Exchange
proposes the following changes to the Exchange's CE Program under Rule
2.5 and proposed Rule 2.16 to align with FINRA Rule 1240 and Cboe Rule
3.33.
a. Transition to Annual Regulatory Element for Each Registration
Category
    As noted above, currently, the Regulatory Element generally must be
completed every three years, and the content is broad in nature. Based
on changes in technology and learning theory, the Regulatory Element
content can be updated and delivered in a timelier fashion and tailored
to each registration category, which would further the goals of the
Regulatory Element.\15\ Therefore, to provide registered persons with
more timely and relevant training on significant regulatory
developments, the Exchange proposes adopting Rule 2.16(a) to require
registered persons to complete the Regulatory Element annually by
December 31.\16\ The proposed amendment would also require registered
persons to complete Regulatory Element content for each representative
or principal registration category that they hold, which would also
further the goals of the Regulatory Element.\17\
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    \15\ When other self-regulatory organizations' CE Programs were
originally adopted in 1995, registered persons were required to
complete the Regulatory Element on their second, fifth and 10th
registration anniversary dates. See Securities Exchange Act Release
No. 35341 (February 8, 1995), 60 FR 8426 (February 14, 1995) (Order
Approving File Nos. SR-AMEX-94-59; SR-CBOE-94-49; SR-CHX-94-27; SR-
MSRB-94-17; SR-NASD-94-72; SR-NYSE-94-43; SR-PSE-94-35; and SR-PHLX-
94-52). The change to the current three-year cycle in the other
self-regulatory organizations' CE Programs was made in 1998 to
provide registered persons more timely and effective training,
consistent with the overall purpose of the Regulatory Element. See
Securities Exchange Act Release No. 39712 (March 3, 1998), 63 FR
11939 (March 11, 1998) (Order Approving File Nos. SR-CBOE-97-68; SR-
MSRB-98-02; SR-NASD-98-03; and SR-NYSE-97-33).
    \16\ See proposed Rules 2.16(a)(1) and (a)(4).
    \17\ See proposed Rules 2.5.04 and 2.16(a)(1).
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    Under the proposed rule change, Members would have the flexibility
to require their registered persons to complete the Regulatory Element
sooner than December 31, which would allow Members to coordinate the
timing of the Regulatory Element with other training requirements,
including the Firm Element.\18\ For example, a Member could require its
registered persons to complete both their Regulatory Element and Firm
Element by October 1 of each year.
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    \18\ See proposed Rules 2.16(a)(1) and (a)(4).
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    Individuals who would be registering as a representative or
principal for the first time on or after the implementation date of the
proposed rule change would be required to complete their initial
Regulatory Element for that registration category in the next calendar
year following their registration.\19\ In addition, subject to
specified conditions, individuals who would be reregistering as a
representative or principal on or after the implementation date of the
proposed rule change would also be required to complete their initial
Regulatory Element for that registration category in the next calendar
year following their reregistration.\20\
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    \19\ See proposed Rule 2.16(a)(1).
    \20\ See proposed Rule 2.16(a)(4).
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    Consistent with current requirements, individuals who fail to
complete their Regulatory Element within the prescribed period would be
automatically designated as CE inactive.\21\ However, the proposed rule
change preserves the Exchange's ability to extend the time by which a
registered person must complete the Regulatory Element for good cause
shown.\22\
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    \21\ See proposed Rule 2.16(a)(2).
    \22\ Id. The proposed rule change provides that the request for
an extension of time must be in writing and include supporting
documentation, which is consistent with current practice.
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    The Exchange also proposes adopting Rule 2.16(a) to provide that:
(1) Individuals who are designated as CE inactive would be required to
complete all of their pending and upcoming annual Regulatory Element,
including any annual Regulatory Element that becomes due during their
CE inactive period, to return to active status; \23\ (2) the two-year
CE inactive period is calculated from the date individuals become CE
inactive, and it continues to run regardless of whether individuals
terminate their registrations; \24\ (3) individuals who become subject
to a significant disciplinary action may be required to complete
assigned continuing education content as prescribed by the Exchange;
\25\ (4) individuals who have not completed any Regulatory Element
content for a

registration category in the calendar year(s) prior to reregistering
would not be approved for registration for that category until they
complete that Regulatory Element content, pass an examination for that
registration category or obtain an unconditional examination waiver for
that registration category, whichever is applicable; \26\ and (5) the
Regulatory Element requirements apply to individuals who are
registered, or in the process of registering, as a representative or
principal.\27\
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    \23\ Id.
    \24\ Id.
    \25\ Id.
    \26\ See proposed Rule 3.33(a)(4).
    \27\ See proposed Rule 3.33(a)(5).
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    Under the proposed rule change, the amount of content that
registered persons would be required to complete in a three-year,
annual cycle for a particular registration category is expected to be
comparable to what most registered persons are currently completing
every three years. In some years, there may be more required content
for some registration categories depending on the volume of rule
changes and regulatory issues. In addition, an individual who holds
multiple registrations may be required to complete additional content
compared to an individual who holds a single registration because, as
noted above, individuals would be required to complete content specific
to each registration category that they hold. However, individuals with
multiple registrations would not be subject to duplicative regulatory
content in any given year. The more common registration combinations
would likely share much of their relevant regulatory content each year.
For example, individuals registered as General Securities
Representatives and General Securities Principals would receive the
same content as individuals solely registered as General Securities
Representatives, supplemented with a likely smaller amount of
supervisory-specific content on the same topics. The less common
registration combinations may result in less topic overlap and more
content overall.
b. Adoption of Firm Element, Recognition of Other Training Requirements
for Firm Element, and Application of Firm Element to Covered Registered
Persons
    The Exchange proposes to adopt proposed Rule 2.16(b) to include a
Firm Element component for its CE Program that aligns with Cboe Rule
3.33(b) and FINRA Rule 1240(b). The proposed rule would require Members
to maintain a continuing and current education program for its
registered persons to enhance their securities knowledge, skills and
professionalism. At a minimum, each Member would be required to at
least annually evaluate and prioritize its training needs and develop a
written training plan. The plan must take into consideration the
Member's size, organizational structure, and scope of business
activities, as well as regulatory developments and the performance of
registered persons in the Regulatory Element. If a Member's analysis
determines a need for supervisory training for persons with supervisory
responsibilities such training must be included in the Member's
training plan. The proposed rule would also require that programs used
to implement a Member's training plan must be appropriate for the
business of the Member and, at a minimum, must cover training topics
related to the role, activities or responsibilities of the registered
person and to professional responsibility. In addition, the proposed
rule would provide that each Member must administer its continuing
education Firm Element program in accordance with its annual evaluation
and written plan and must maintain records documenting the content of
the programs and completion of the programs by registered persons.
    To align the Firm Element requirement with other required training,
proposed Rule 2.16(b) would also expressly allow Members to consider
training relating to the AML compliance program and the annual
compliance meeting toward satisfying an individual's annual Firm
Element requirement.\28\ The Exchange also proposes to apply the Firm
Element requirement to ``covered registered persons,'' which would
include any person registered with a Member, including person who is
permissively registered as a representative or principle pursuant to
proposed Rule 2.5.08, as discussed below, thereby aligning the
description of ``covered registered persons'' in the Firm Element
requirement with the description of ``covered persons'' in the
Regulatory Element requirement.\29\
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    \28\ See proposed Rule 2.16(b)(2)(D).
    \29\ The group of persons who may be considered a ``covered
registered person'' under the Firm Element provisions in proposed
Rule 2.16(b)(1) is a subset of the group of persons who may be
considered a ``covered person'' under the Regulatory Element
provisions in proposed Rule 2.15(a)(5).
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c. Maintenance of Qualification After Termination of Registration
    The Exchange proposes to adopt Rules 2.16(c), 2.16.01, and 2.16.02
to provide eligible individuals who terminate any of their
representative or principal registrations the option of maintaining
their qualification for any of the terminated registrations by
completing continuing education. The proposed rule change would not
eliminate the two-year qualification period. Rather, it would provide
such individuals an alternative means of staying current on their
regulatory and securities knowledge following the termination of a
registration(s). Eligible individuals who elect not to participate in
the proposed continuing education program would continue to be subject
to the current two-year qualification period. The proposed rule change
is generally aligned with other professional continuing education
programs that allow individuals to maintain their qualification to work
in their respective fields during a period of absence from their
careers (including an absence of more than two years) by satisfying
continuing education requirements for their credential.
    The proposed rule change would impose the following conditions and
limitations:
     Individuals would be required to be registered in the
terminated registration category for at least one year immediately
prior to the termination of that category; \30\
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    \30\ See proposed Rule 2.16(c)(1).
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     individuals could elect to participate when they terminate
a registration or within two years from the termination of a
registration; \31\
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    \31\ See proposed Rule 2.16(c)(2).
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     individuals would be required to complete annually all
prescribed continuing education; \32\
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    \32\ See proposed Rule 2.16(c)(3). However, upon a participant's
request and for good cause shown, the Exchange would have the
ability to grant an extension of time for the participant to
complete the prescribed continuing education. A participant who is
also a registered person must directly request an extension of the
prescribed continuing education from the Exchange.
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     individuals would have a maximum of five years in which to
reregister; \33\
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    \33\ See proposed Rule 2.16(c).
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     individuals who have been CE inactive for two consecutive
years, or who become CE inactive for two consecutive years during their
participation, would not be eligible to participate or continue; \34\
and
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    \34\ See proposed Rule 2.16(c)(4) and (c)(5).
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     individuals who are subject to a statutory
disqualification, or who become subject to a statutory disqualification
following the termination of their registration or during their
participation, would not be eligible to participate or continue.\35\
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    \35\ See proposed Rules 2.16(c)(1) and (c)(6). Individuals who
are subject to a statutory disqualification would not be eligible to
enter the proposed continuing education program. Individuals who
become subject to a statutory disqualification while participating
in the proposed continuing education program would not be eligible
to continue in the program. Further, any content completed by such
participants would be retroactively nullified upon disclosure of the
statutory disqualification. The following example illustrates the
application of the proposed rule change to individuals who become
subject to a statutory disqualification while participating in the
proposed continuing education program. Individual A participates in
the proposed continuing education program for four years and
completes the prescribed content for each of those years. During
year five of his participation, he becomes subject to a statutory
disqualification resulting from a foreign regulatory action. In that
same year, the Exchange receives a Form U4 submitted by a member on
behalf of Individual A requesting registration with the Exchange.
The Form U4 discloses the statutory disqualification event. The
Exchange would then retroactively nullify any content that
Individual A completed while participating in the proposed
continuing education program. Therefore, in this example, in order
to become registered with the Exchange, he would be required to
requalify by examination. This would be in addition to satisfying
the eligibility conditions for association with a Member. See also
Exchange Act Sections 3(a)(39) and 15(b)(4).

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    The proposed rule change also includes a look-back provision that
would, subject to specified conditions, extend the proposed option for
maintaining qualifications following a registration category
termination to (i) individuals who have been registered as a
representative or principal within two years immediately prior to the
March 15, 2022 implementation date of the proposed rule change; and
(ii) individuals who have been FSWAP participants immediately prior to
the March 15, 2022 implementation date of the proposed rule change.\36\
With respect to the FSAWP, the Exchange itself does not have an FSW
waiver program. However, the Exchange proposes to recognize waivers
granted to individuals who are designated as participants in, and
satisfying the conditions of, the FSW waiver program(s) of Cboe, C2
and/or FINRA, and also to make the look-back provision for the new
maintaining qualifications requirements available to individuals who
are participants in the FSA waiver programs of Cboe, C2 and/or FINRA
immediately preceding March 15, 2022. The Exchange understands that,
effective March 15, 2022, Cboe, C2 and FINRA do not plan to accept any
new initial designations for individuals under their respective FSA
waiver programs. Thus, what will remain of those programs will only be
applicable to pre-existing participants. The Exchange also understands
that, ultimately, the FSA waiver programs will expire in favor of the
maintenance of qualification requirements under the Cboe, C2 and FINRA
Rules, for which the Exchange's maintenance of qualification
requirements under proposed are modeled.\37\
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    \36\ See proposed Rule 2.16.01. Such individuals would be
required to elect whether to participate by the March 15, 2022
implementation date of the proposed rule change. If such individuals
elect to participate, they would be required to complete their
initial annual content by the end of 2022 (i.e., the end of the
calendar year in which the proposed rule change is implemented). In
addition, if such individuals elect to participate, their initial
participation period would be adjusted based on the date that their
registration was terminated.
    \37\ See proposed Rules 2.5.07 and 2.16.01.
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    In addition, the proposed rule change includes a re-eligibility
provision that would allow individuals to regain eligibility to
participate each time they reregister with a Member for a period of at
least one year and subsequently terminate their registration, provided
that they satisfy the other participation conditions and
limitations.\38\ The proposed rule change will have several important
benefits. It will provide individuals with flexibility to address life
and career events and necessary absences from registered functions
without having to requalify each time. It will also incentivize them to
stay current on their respective securities industry knowledge
following the termination of any of their registrations. The continuing
education under the proposed option will be as rigorous as the
continuing education of registered persons, which promotes investor
protection. Further, the proposed rule change will enhance diversity
and inclusion in the securities industry by attracting and retaining a
broader and diverse group of professionals.
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    \38\ See proposed Rule 2.16.02.
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    Significantly, the proposed rule change will be of particular value
to women, who continue to be the primary caregivers for children and
aging family members and, as a result, are likely to be absent from the
industry for longer periods.\39\ In addition, the proposed rule change
will provide longer-term relief for women, individuals with low incomes
and other populations, including older workers, who are at a higher
risk of a job loss during certain economic downturns and who are likely
to remain unemployed for longer periods.\40\
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    \39\ See The Female Face of Family Caregiving (November 2018),
available at https://www.nationalpartnership.org/our-work/resources/economic-justice/femaleface-family-caregiving.pdf.
    \40\ See The COVID-19 Recession is the Most Unequal in Modern
U.S. History (September 30, 2020), available at https://www.washingtonpost.com/graphics/2020/business/coronavirus-recessionequality/ and Unemployment's Toll on Older Workers Is Worst
in Half a Century (October 21, 2020), available at https://www.aarp.org/work/working-at-50-plus/info-2020/pandemic-unemployment-older-workers/.
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d. Other Changes to Exchange Rule 2.5
    The Exchange proposes to adopt Rules 2.5.05 through 2.5.07 to
conform to Cboe Rules 3.30.07 through 3.30.09, respectively, and to
adopt Rule 2.5.08 to conform to Cboe Rule 3.30.02. Further, based on
the Exchange's proposal to move the subject matter of current Rule
2.5.02 to proposed Rule 2.16, the Exchange also proposes to renumber
various Interpretations and Policies under Rule 2.5 accordingly. The
Exchange proposes to adopt Rule 2.5.05 to provide that all registered
representatives and principals must satisfy the regulatory element of
continuing education. Specifically, proposed Rule 2.5.05 provides that
all registered representatives and principals, including those
individuals who solely maintain permissive registrations pursuant to
proposed Rule 2.5.08 shall satisfy the Regulatory Element of continuing
education for each representative or principal registration category
that they hold as specified in Rule 2.5.01(i). If a person registered
with a Member has a continuing education deficiency with respect to
that registration as provided under proposed Rule 2.16, such person
shall not be permitted to be registered in another registration
category under Rule 2.5.01(i) with that Member or to be registered in
any registration category under Rule 2.5.01(i), with another Member,
until the person has satisfied the deficiency.
    The Exchange also proposes to adopt Rule 2.5.06 to address lapses
of registrations and expirations of the SIE. Specifically, proposed
Rule 2.5.06 would provide that any person who was last registered in a
representative registration category two or more years immediately
preceding the date of receipt by the Exchange of a new application for
registration in that registration category shall be required to pass a
representative qualification examination appropriate to that
registration category as specified in Rule 2.5.01(i), unless the person
has maintained his or her qualification status for that registration
category in accordance with proposed Rule 2.16(c) or as otherwise
permitted by the Exchange. In addition, any person who last passed the
SIE or who was last registered as a representative, whichever occurred
last, four or more years immediately preceding the date of receipt by
the Exchange of a new application for registration as a representative
shall be required to pass the SIE in addition to a representative
qualification examination appropriate to his or her category of
registration as

specified in Rule 2.5.01(i). Any person who was last registered in a
principal registration category two or more years immediately preceding
the date of receipt by the Exchange of a new application for
registration in that registration category shall be required to pass a
principal qualification examination appropriate to that registration
category as specified in Rule 2.5.01(i), unless the person has
maintained his or her qualification status for the registration
category in accordance with proposed Rule 2.16(c) or as otherwise
permitted by the Exchange. Any person whose registration has been
revoked and any person who has a continuing education deficiency for a
period of two years as provided under Rule 2.5.01(i) shall be required
to pass a representative or principal qualification examination
appropriate to his or her category of registration as specified in Rule
2.5.01(i), to be eligible for registration with the Exchange. Finally,
for purposes of Rule 2.5.06, an application shall not be considered to
have been received by the Exchange if that application does not result
in a registration.
    The Exchange proposes to adopt Rule 2.5.07 which, as discussed
above, would recognize a waiver for participants in the financial
services industry affiliate waiver program(s) of Cboe, C2 and/or FINRA.
Specifically, Rule 2.5.07 would provide that upon request by a Member,
the Exchange shall waive the applicable qualification examination(s)
for an individual designated as a participant in, and satisfying the
conditions of, the FSA waiver program(s) of Cboe under its Rule
3.30.09, C2 under its Chapter 3, Section B, and/or FINRA under its Rule
2110.09.
    By way of background, very generally, these FSA waiver programs
provide that a member of Cboe, C2 or FINRA, respectively, may request
that the exchange/FINRA waive the applicable qualification
examination(s) for an individual designated with it as working for a
financial services industry affiliate of a member if the following
conditions are met:
     Prior to the individual's initial designation, the
individual was registered as a representative or principal with Cboe,
C2 or FINRA, as applicable, for a total of five years within the most
recent 10 year period, including for the most recent year with the
member that initially designated the individual;
     The waiver request is made within seven years of the
individual's initial designation;
     The initial designation and any subsequent designation(s)
were made concurrently with the filing of the individual's related Form
U5;
     The individual continuously worked for the financial
services industry affiliate(s) of a member since the individual's last
Form U5 filing;
     The individual has complied with the Regulatory Element of
continuing education as specified in the Cboe, C2 or FINRA Rules, as
applicable; and
     The individual does not have any pending or adverse
regulatory matters, or terminations, that are reportable on the Form
U4, and has not otherwise been subject to a statutory disqualification
as defined in Section 3(a)(39) of the Exchange Act while the individual
was designated as eligible for a waiver.
    As used in Rule 2.5.07, a ``financial services industry affiliate''
is a legal entity that controls, is controlled by or is under common
control with a member and is regulated by the SEC, CFTC, state
securities authorities, federal or state banking authorities, state
insurance authorities, or substantially equivalent foreign regulatory
authorities.
    Last, the Exchange proposes to adopt Rule 2.5.08, which would
provide for permissive registrations. Specifically, proposed Rule
2.5.08 would provide that a Member may make application for or maintain
the registration as a representative or principal of any associated
person of a Member and any individual engaged in the securities
business of a foreign securities affiliate or subsidiary of the Member.
Individuals maintaining such permissive registrations shall be
considered registered persons and subject to all Exchange rules, to the
extent relevant to their activities. Consistent with the requirements
of the Exchange's supervision rules, Members shall have adequate
supervisory systems and procedures reasonably designed to ensure that
individuals with permissive registrations do not act outside the scope
of their assigned functions. With respect to an individual who solely
maintains a permissive registration(s), the individual's direct
supervisor shall not be required to be a registered person. However,
for purposes of compliance with the Exchange's supervision rules, a
Member shall assign a registered supervisor who shall be responsible
for periodically contacting such individual's direct supervisor to
verify that the individual is not acting outside the scope of his or
her assigned functions. If such individual is permissively registered
as a representative, the registered supervisor shall be registered as a
representative or principal. If the individual is permissively
registered as a principal, the registered supervisor shall be
registered as a principal. Moreover, the registered supervisor of an
individual who solely maintains a permissive registration(s) shall not
be required to be registered in the same representative or principal
registration category as the permissively-registered individual.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\41\ Specifically, the Exchange believes the proposed rule change
is consistent with the Section 6(b)(5) \42\ requirements that the rules
of an 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.
Additionally, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \43\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \41\ 15 U.S.C. 78f(b).
    \42\ 15 U.S.C. 78f(b)(5).
    \43\ Id.
---------------------------------------------------------------------------

    The Exchange believes that the proposal to move to an annual
Regulatory Element training with content tailored to an individual's
representative or principal registration categories is designed to
protect investors and is in the public interest. As noted in the order
approving the similar changes to the FINRA CE Program,\44\ the
Commission found that ``the rule is reasonably designed to minimize the
potential adverse impact on firms and their registered persons.
Furthermore, increasing the timeliness of registered persons' training,
as well as the relevance of the training's content by tailoring it to
each registration category that they hold, would enhance their
education and compliance with their regulatory obligations.''
---------------------------------------------------------------------------

    \44\ Supra note 5.
---------------------------------------------------------------------------

    The Exchange believes that the proposed changes to the Regulatory
Element and the proposal to adopt the Firm Element portions of its CE
Program will ensure that all registered persons

receive timely and relevant training, which will, in turn, enhance
compliance and investor protection. Further, the Exchange believes that
establishing a path for individuals to maintain their qualification
following the termination of a registration will reduce unnecessary
impediments to requalification and promote greater diversity and
inclusion in the securities industry without diminishing investor
protection.
    The Exchange also believes that the proposed rule change will bring
consistency and uniformity with Cboe's and FINRA's recently amended CE
Program rules, which will, in turn, assist Members and their associated
persons in complying with these rules and improve regulatory
efficiency. The proposed rule changes conform certain of the Exchange's
continuing education and registration rules to align them with rules of
Cboe, which will, in turn, prevent unnecessary regulatory burdens and
to promote efficient administration of the rules. Finally, the proposed
amendment also makes minor updates and corrections to the Exchange's
rules which improve readability.

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. The Exchange believes that
the proposed rule changes which are, in all material respects, based
upon and substantially similar to, recent rule changes adopted by FINRA
and Cboe, will reduce the regulatory burden placed on market
participants engaged in trading activities across different markets.
The Exchange believes that the harmonization of the CE Program
requirements across the various markets will reduce burdens on
competition by removing impediments to participation in the national
market system and promoting competition among participants across the
multiple national securities exchanges.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \45\ and Rule 19b-
4(f)(6) thereunder.\46\
---------------------------------------------------------------------------

    \45\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \46\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
pursuant to Rule 19b-4(f)(6)(iii), the Commission may designate a
shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has asked the
Commission to waive the 30-day operative delay so that this proposed
rule change may become operative immediately upon filing. In addition,
Rule 19b-4(f)(6)(iii) \47\ requires a self-regulatory organization to
give the Commission written notice of its intent to file a proposed
rule change under that subsection at least five business days prior to
the date of filing, or such shorter time as designated by the
Commission. The Exchange has provided such notice.
---------------------------------------------------------------------------

    \47\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    Waiver of the 30-day operative delay would allow the Exchange to
implement proposed changes to its Continuing Education Rules by March
15, 2022 to coincide with one of FINRA's announced implementation
dates, thereby eliminating the possibility of a significant regulatory
gap between the FINRA and the Exchange rules, providing more uniform
standards across the securities industry, and helping to avoid
confusion for Members of the Exchange that are also FINRA members. For
this reason, the Commission believes that waiver of the 30-day
operative delay for this proposal is consistent with the protection of
investors and the public interest. Accordingly, the Commission hereby
waives the 30-day operative delay and designates the proposal operative
upon filing.\48\
---------------------------------------------------------------------------

    \48\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-CboeEDGX-2022-017 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-CboeEDGX-2022-017. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change.
    Persons submitting comments are cautioned that we do not redact or
edit personal identifying information from comment submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-CboeEDGX-2022-
017 and

should be submitted on or before April 21, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\49\
---------------------------------------------------------------------------

    \49\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-06850 Filed 3-30-22; 8:45 am]
BILLING CODE 8011-01-P


 Support for OSHA's Final Economic Analysis for the Final Beryllium Standard:

The attachments to this exhibit are Excel (spreadsheet) workbooks that contain data and analysis supporting OSHA's final economic analysis (FEA) of the final beryllium standard.
Beryllium FEA Excel Workbook #1  -  Beryllium FEA Cost-Impact Model: Estimates of the numbers of establishments, entities and employment, by NAICS industry code, affected by the final standard; the distribution of worker exposures; and other industrial and financial characteristics of affected industries. Estimates the unit cost to comply with each rule provision. Calculates the aggregate cost of the rule and the impacts on affected entities.
Beryllium FEA Excel Workbook #2  -  New Benefits_base: Calculates risk and number of lung cancer, Be sensitization, and CBD cases for 45-year working life case  -  lifetime risks using quartile model
Beryllium FEA Excel Workbook #3  -  New Benefits_25years: Calculates risk and number of lung cancer, Be sensitization, and CBD cases for 25-year working life case  -  lifetime risks using quartile model.
 Beryllium FEA Excel Workbook #4  -  New Benefits _13years: Calculates risk and number of lung cancer, Be sensitization, and CBD cases for 13-year working life case  -  lifetime risks using quartile model.
Beryllium FEA Excel Workbook #5  -  New Benefits _6.5years: Calculates risk and number of lung cancer, Be sensitization, and CBD cases for 6.5-year working life case  -  lifetime risks using a quartile model.
Beryllium FEA Excel Workbook #6  -  New Benefits_logit: Calculates risk and number of lung cancer, Be sensitization, and CBD cases for 45-year working life case  -  lifetime risks using a logit model.
Beryllium FEA Excel Workbook #7 -  Population Model Benefit: Provides cases and cases avoided inputs for the population model benefit calculations.
Beryllium FEA Excel Workbook #8  -  Population Model_logit Benefit: Provides cases and cases avoided inputs for the population logit model benefit calculations.
Beryllium FEA Excel Workbook #9  -  Proportional Hazard Models Benefits: Provides cases and cases avoided for both the lifetime risk proportional hazard model and the population proportional hazards model benefit calculations.
Beryllium FEA Excel Workbook #10  -  protoBeTABLEVII-1_base: Generates benefit tables (baseline and avoided cases and monetized benefits). Includes results for alternative tenure assumptions for the lifetime risk quartile model and comparison with results from the population model. Also, includes sensitivity tables and monetized benefits by year.
Beryllium FEA Excel Workbook #11  -  protoBeTABLEVII-1_logit: Generates basic benefit tables based on the lifetime risk model with logit prevalence model inputs.
Beryllium FEA Excel Workbook #12  -  Benefits Sensitivity: Alternative benefit calculation based on the variations in the prevalence to incidence factor and in the CBD mortality rate.


[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Notices]
[Pages 30933-30934]
[FR Doc No: 2011-13219]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC11-82-000.
    Applicants: California Power Holdings, LLC.
    Description: Joint Application for Authorization under Section 203
of the Federal Power Act of Wayzata Opportunities Fund, LLC; California
Power Holdings, LLC; and EWP Renewable Corporation.
    Filed Date: 05/19/2011.
    Accession Number: 20110519-5072.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 9, 2011.

    Take notice that the Commission received the following exempt
wholesale generator filings:
    Docket Numbers: EG11-82-000.
    Applicants: Evergreen Gen Lead, LLC.
    Description: Self-Certification of EWG of Evergreen Gen Lead, LLC.
    Filed Date: 05/19/2011.
    Accession Number: 20110519-5044.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 9, 2011.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER11-3229-001.
    Applicants: Alcoa Power Generating Inc.
    Description: Alcoa Power Generating Inc. submits tariff filing per
35: APGI Compliance Filing for Order No. 676-E Revisions to be
effective 5/19/2011.
    Filed Date: 05/19/2011.
    Accession Number: 20110519-5085.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 9, 2011.

    Docket Numbers: ER11-3601-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii: Submission of Change to AEP Transco Pricing Zone Rate
to be effective 4/21/2011.
    Filed Date: 05/19/2011.
    Accession Number: 20110519-5060.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 9, 2011.

    Docket Numbers: ER11-3602-000.
    Applicants: Panda-Brandywine, L.P.
    Description: Panda-Brandywine, L.P. submits tariff filing per
35.13(a)(2)(iii: Reactive Power Tariff to be effective 6/1/2011.
    Filed Date: 05/19/2011.
    Accession Number: 20110519-5061.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 9, 2011.

    Docket Numbers: ER11-3603-000.
    Applicants: Allegheny Energy Supply Company, LLC.
    Description: Allegheny Energy Supply Company, LLC submits tariff
filing per 35: AES ER11-2874 Compliance to be effective 6/1/2011.
    Filed Date: 05/19/2011.
    Accession Number: 20110519-5062.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 9, 2011.

    Docket Numbers: ER11-3604-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc. submits
tariff filing per 35.13(a)(2)(iii: NYISO filing of proposed revisions
to the ISO Agreement to be effective 7/18/2011 under ER11-3604 Filing
Type: 10.
    Filed Date: 05/19/2011.
    Accession Number: 20110519-5075.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 9, 2011.

    Take notice that the Commission received the following electric
securities filings:
    Docket Numbers: ES11-33-000.
    Applicants: Central Maine Power Company.
    Description: Central Maine Power Company Application for
Authorization to Issue Short-Term Debt.
    Filed Date: 05/19/2011.
    Accession Number: 20110519-5049.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 9, 2011.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 20, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-13219 Filed 5-26-11; 8:45 am]
BILLING CODE 6717-01-P


                           SUPPORTING STATEMENT FOR
                    AN INFORMATION COLLECTION REQUEST (ICR)

Title of the Information Collection

	Title: Pesticide Establishment Application, Notification of Registration, and Pesticide Production Reports for Pesticide-Producing and Device-Producing Establishments (Renewal)
	EPA ICR No.: 0160.13
	OMB Control No.: 2070-0078
	Docket ID No.: EPA-HQ-OECA-2011-0824

Short Characterization/Abstract

The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 7(a) (7 USC 136e) requires that any person who produces pesticides or active ingredients subject to the Act must register with the Administrator of EPA the establishment in which the pesticide is produced. This Section further requires that the application for registration of any establishment shall include the name and address of the establishment and of the producer who operates such an establishment. EPA Form 3540-8, Application for Registration of Pesticide-Producing and Device-Producing Establishments is used to collect the establishment registration information required by this Section. Establishment registration information, collected on EPA Form 3540-8, is a one-time requirement for all pesticide-producing and device-producing establishments.

FIFRA Section 7(c) requires that any producer operating an establishment registered under Section 7 report to the Administrator within 30 days after it is registered, and annually thereafter by March 1[st] for certain pesticide/device production and sales/distribution information. The producers must report which types and amounts of pesticides, active ingredients, or devices are currently being produced, were produced during the past year, and sold or distributed in the past year. The supporting regulations at 40 CFR part 167 provides the requirements and time schedules for submitting production information. EPA Form 3540-16, Pesticide Reports for Pesticide-Producing and Device-Producing Establishments is used to collect the pesticide production information required by Section 7(c) of FIFRA.

    Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

FIFRA Section 7 states that required pesticide production information be reported annually as required under regulations (40 CFR part 167) as the Administrator may prescribe.

    Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

The purpose of this reporting requirement is to obtain pesticide production information. The EPA requires this information to maintain current and complete records of the locations of all pesticide-producing and device-producing establishments. This information provides an overview of establishments engaged in pesticide activities and allows the Agency to target establishments for inspections with optimal utilization of limited inspection resources. Such production information permits EPA to trace ineffective, contaminated or otherwise violative products to their source, and minimizes any adverse environmental impact that might arise from the production or distribution of violative products. If this information were not collected, the Agency would be unable to meet the statutory requirements of FIFRA.

The Office of Compliance (OC) in the Office of Enforcement and Compliance Assurance (OECA) collects the establishment and pesticide production information for compliance purposes and risk assessment. This information is used by EPA Regional pesticide enforcement and compliance staffs, the OC, the Office of Civil Enforcement (OCE), and the Office of Pesticide Programs (OPP) within the Office of Chemical Safety & Pollution Prevention (OCSPP), as well as the U.S. Department of Agriculture (USDA), the Food and Drug Administration (FDA), other Federal agencies, States under Cooperative Enforcement Agreements, and the public.

EPA Headquarters, Regions and the States use the data for targeting inspection activities, compliance and outreach, and enforcement actions. Establishment registration and production data are used to:  identify where specific pesticides are made; target inspections in response to tips or complaints of producer violations; determine where violative products found in the marketplace were produced, thus facilitating recalls of problem products; facilitate the issuance of Stop Sale, Use or Removal Orders for violative products; help locate production sites of canceled or suspended products; and assist in notifying producers of regulatory actions or requirements.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

Producers determine how to best comply with the requirements for record keeping under FIFRA Section 7. They may collect and store the required data electronically or by paper copy.

The Agency, in turn, annually provides forms for pesticide-producing and device-producing establishments to report their collected and stored information. On January 2, 2016, EPA launched an electronic reporting option. The COVID-19 pandemic accelerated voluntary use of the electronic reporting system. Currently 95% of reports were voluntarily filed via the electronic reporting system.

EPA's Office of Enforcement and Compliance Assurance, Office of Pesticide Programs, and Office of Environmental Information partnered to deploy electronic reporting (eReporting) of establishment registration information (EPA Form 3540-8) and pesticide production information (EPA Form 3540-16) into the Section Seven Tracking System (SSTS). eReporting allows producers who operate pesticide-producing or device-producing establishments to electronically enter and submit their establishment registration information and pesticide production information by way of EPA's CDX. CDX provides a suite of services to support data collection and exchange with external partners and stakeholders such as states, tribes, localities, industry, federal agencies and other organizations or countries. This process is voluntary, it is not mandatory. This process has a one-time registration requirement.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

No agency besides EPA, nor any other program within EPA, requests this information. The Agency, under Section 29 of FIFRA, does collect a subset of production data only for conditionally registered pesticides. However, this production data for conditionally registered pesticides does not fulfill the requirements of Section 7 of FIFRA. Therefore, no duplication exists.

5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

The information collected under this ICR does not significantly impact small businesses, because the information being reported would be considered as "customary and usual business activities." Even though the record keeping and reporting requirements are the same for small and large businesses, the Agency considers these requirements the minimum needed to ensure compliance and, therefore, cannot reduce them further for small businesses.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

EPA Form 3540-8 is a one-time requirement for information used to register pesticide-producing and device-producing establishments. EPA Form 3540-16 must be submitted by all establishments subject to Section 7 of FIFRA 30 days after notification of the initial assignment of an establishment registration number, and thereafter on an annual basis. The statute dictates the time schedule in which reporting must occur. Therefore, EPA could not carry out the requirements of the statute if EPA collected such data on a less frequent reporting schedule.

Additionally, if the information were not submitted, the EPA would be unable to fulfill its statutory responsibilities relative to the review and registration of pesticides and the protection of human health and the environment.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:
 requiring respondents to report information to the agency more often than quarterly;
 requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;
 requiring respondents to submit more than an original and two copies of any document;
 requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;
 in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;
 requiring the use of a statistical data classification that has not been reviewed and approved by OMB;
 that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or
 requiring respondents to submit proprietary trade secrets, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

The information collected on EPA Form 3540-8 does not involve any confidentiality concerns or sensitive questions. However, pesticide and device producers must report certain confidential business information (CBI) on EPA Form 3540-16, including the amounts of pesticides/devices produced, sold, and distributed, under FIFRA Section 7 requirements. EPA safeguards trade secrets in accordance with FIFRA Sections 7(d) and 10. The Agency's copies of individual firms' reports are stored in secure file cabinets within CBI security areas. Electronically submitted information is stored on CBI-compliant servers. Confidential business information pertaining to specific data on any one firm cannot be released to the public.

8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments.  Specifically address comments received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years - even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

EPA plans to consult with industry representatives of the respondent universe  --  small businesses, firms with multiple establishments and repackagers  --  on the scope and burden covered by this ICR and to estimate the amount of time they typically spent gathering, compiling and filling out information for both forms if done via paper and electronically before issuing the second Federal Register notice.

The burden estimates in this ICR currently are based on the consultation with industry in the 2019 renewal. The new consultation will be used in the final supporting statement to update the burden estimates.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

This question is not applicable to this ICR.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy. If the collection requires a systems of records notice (SORN) or privacy impact assessment (PIA), those should be cited and described here.

In some cases, the pesticide producer records may contain confidential business information (CBI) as defined in FIFRA, but the other records do not contain CBI. If the producers submit CBI, such information is protected from disclosure under FIFRA Section 10. CBI data submitted to the EPA is handled strictly in accordance with the provisions of the FIFRA Confidential Business Information Security Manual.

Since EPA does not anticipate a collection or call-in of the retained records covered by this ICR, the information in those records would not leave the possession of the affected businesses.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the  information is requested, and any steps to be taken to obtain their consent.

Not applicable. No information of a sensitive or private nature is requested in this information collection activity.

12. Provide estimates of the hour burden of the collection of information. The statement should:
 Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of  differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.
 If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens.
 Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included under `Annual Cost to Federal Government'.

   The collection schedule established in the regulations at 40 CFR 167.85(d) requires that each producer report pesticide and device production information within 30 days of receipt of the notification of assignment of their establishment number from the Agency; thereafter, each producer is required annually to report their pesticide production information by March 1. Each December, the Agency will remind producers of the March 1 reporting deadline and providing them with the link where they can obtain the forms online and to the electronic reporting system.

   We plan to ask industry representatives of the respondent universe  --  small businesses, firms with multiple establishments and repackagers  --  to estimate the amount of time they typically spent gathering, compiling and filling out information for both forms if done via paper and electronically.

   The proposed estimates for EPA Form 3540-8 are based on prior surveys with industry. The one-time submission of information is of such a nature as to demand no research of company records or calculations; it is easily completed by technical personnel; and reviewed and signed by a company officer. The completion of the application rarely exceeds the estimated hourly rate. See Table 1 for respondent burden estimates.

   Burden estimates for EPA Form 3540-16 are based on the results of the prior surveys as well. From the surveys, we learned that, generally, the information is already assembled and compiled so filling out the form involves little burden. See Table 2 for the respondent burden estimates for EPA Form 3540-16.

   This ICR uses estimates of labor rates and associated costs based on Department of Commerce Bureau of Labor Statistics estimates. Specifically, this ICR uses the May 2021 National Industry-Specific Occupational Employment and Wage Estimates for the North American Industry Classification System (NAICS) AICS 3250A1  --  Chemical Manufacturing (3251, 3252, 3253, and 3259 only), which is presumed to dominate this sector. The mean hourly wage rates for NAICS code 3250A1 were: management (11-0000), $69.64; technical (17-2000), $354.71; and clerical (43-0000), $25.59. A factor of 1.6 was added to adjust for benefit costs, resulting in respective total labor costs of $111.42, $87.54, and $40.94.

   Application for Registration of Pesticide-Producing and Device-Producing Establishments (EPA Form 3540-8):

   Public reporting burden for this collection of information using the paper form is estimated to average 1 hours (60 minutes) per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed and completing the review and collection of information. The burden for those pesticide establishments completing the electronic version of EPA Form 3540-8 is 1.25 hours (75 minutes), which includes a one-time CDX registration, estimated to take 30 minutes per respondent.

   Pesticide Report for Pesticide-Producing Establishments (EPA Form 3540-16)

   Public reporting burden for this collection of information for those respondents using the paper version of EPA Form 3540-16 is estimated to average 2.1 hours (2 hours and 6 minutes) per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing the review and collection of information. The burden for any establishment using the eReporting system to complete EPA Form 3540-16 is estimated to average 1.45 hours (1 hour and 27 minutes). Some respondents will have an estimated additional 30 minutes to complete a one-time CDX registration.

   See Tables 1 and 2 for the respondent cost estimates for EPA Forms 3540-8 and 3540-16, respectively.

Table 1: Respondent Burden Hours and Costs for Application for Registration of Pesticide-Producing Establishments (EPA Form 3540-8)

                                  ACTIVITIES
                              ANNUAL BURDEN HOURS
                                  TOTAL HOURS
                                 TOTAL COSTS $

                             Management Paper Form
                             Technical Paper Form
                              Clerical Paper Form
                             Management eReporting
                             Technical eReporting
                              Clerical eReporting

                                    $111.42
                                    $87.54
                                    $40.94
                                    $111.42
                                    $87.54
                                    $40.94

a.  Read or Hear Any Instructions
                           ($111.42x 1.7) = $189.42
                           ($87.54 x 1.7) = $148.81
                           ($40.94 x 1.7) = $69.60
                        ($111.42x 168.64) = $18,790.54
                        ($87.54 x 168.64) = $14,762.07
                         ($40.94 x 168.64) = $6904.80
                                    511.02
                                  $40,865.25
b. Process, Compile, and Review the Information
                                      0
                           ($87.54 x 5.95) = $520.84
                                       0
                                       0
                        ($87.54 x 168.64) = $14,762.07
                                       0
                                    174.59
                                  $15,282.91
c. Complete Form(s)
                                       0
                           ($87.54 x 3.4) = $297.62
                                       0
                                       0
                        ($87.54 x 168.64) = $14,762.07
                                       0
                                    172.04
                                  $15,059.69
d. Record, Disclose, Display, or Report the Information
                                       0
                            ($87.54x 1.7) = $148.81
                                       0
                                       0
                        ($87.54 x 168.64) = $14,762.07
                                       0
                                    170.34
                                  $14,910.88
e. Store, File, or Maintain the Information
                                       0
                                       0
                           ($40.94 x 0.85) = $34.80
                                       0
                        ($87.54 x 168.64) = $14,762.07
                         ($40.94 x 84.32) = $3,452.40
                                    253.81
                                  $18,249.27
f. One-time CDX Registration
                                       0
                                       0
                                       0
                        ($111.42 x 421.6) = $46,976.36
                         ($87.54 x 421.6) = $36,905.18
                                       0
                                     843.2
                                  $83,881.54

      Annual Burden Hour Total = 2,125* Annual Cost Total = $188,249.54*
     * Assumes 1703 responses annually, 99% by eReporting and 1% by paper

    ***NOTE:  Numbers in the Tables (1-4) may vary slightly due to rounding

Table 2: Respondent Burden Hours and Costs for Pesticide Report for Pesticide-Producing Establishments (EPA Form 3540-16)

                                  ACTIVITIES
                              ANNUAL BURDEN HOURS
                                  TOTAL HOURS
                                 TOTAL COSTS $

                             Management Paper Form
                             Technical Paper Form
                              Clerical Paper Form
                             Management eReporting
                             Technical eReporting
                              Clerical eReporting

                                    $111.42
                                    $87.54
                                    $40.94
                                    $111.42
                                    $87.54
                                    $40.94

a.  Read or Hear Any Instructions
                             ($111.42 x 110.34 = $
                                  $12,294.52
                        ($87.54 x 275.85) = $24,146,81
                         ($40.94 x 110.34) = $4,517.76
                       ($111.42x 1,971.4) = $219,661.27
                       ($87.54 x 4,928.5) = $431,421.18
                        ($40.94 x 1971.4) = $80,717.00
                                   9,367.83
                                  $772,758,54
b. Process, Compile, and Review the Information
                                      0
                         ($87.54 x 551.7) = $48,293.61
                                       0
                                       0
                        ($87.54 x 9,857) = $862,842.35
                                       0
                                   10,408.7
                                  $911,135.96
c. Complete Form(s)
                                       0
                         ($87.54 x 551.7) = $48,293.61
                                       0
                                       0
                       ($87.54 x 3,9242.8) = $345,136.94
                                       0
                                    4,494.5
                                  $393,430.55
d. Record, Disclose, Display, or Report the Information
                                       0
                         ($87.54x 220.68) = $19,317.44
                        ($40.94 x 220.68) = $9,035.52
                                       0
                       ($87.54 x 1,971.4) = $172,568.47
                                       0
                                   2,412.76
                                  $200,921.44
e. Store, File, or Maintain the Information
                                       0
                         ($87.54 x 110.34) = $9,658,72
                        ($40.94 x 165.51) = $6,776.64
                                       0
                       ($87.54 x 1,971.4) = $172,568.47
                        ($40.94 x 1971.4) = $80,717.00
                                   4,218.65
                                  $269,720.44
f. One-time CDX Registration
                                       0
                                       0
                                       0
                         ($111.42x 50.75) = $5,654.77
                         ($87.54 x 50.75) = $4,442.45
                                       0
                                     101.5
                                  $10,097.22

                     Annual Burden Hour total = 31,003.94*
                      Annual Cost total = $2,558,064.55*

* Assumes 20,817 responses annually, and one-time CDX registration for an estimated 203 respondents (20 percent of respondents who previous used paper)

***NOTE:  Numbers in the Tables (1-4) may vary slightly because of a rounding factor.

13. Provide an estimate for the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected on the burden worksheet).
 The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.
 If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collections services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.
 Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the  information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.

The only type of industry costs associated with the ICR activity in the standards is labor costs. There are no capital/start-up or O&M costs.

14. Provide estimates of annualized costs to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies may also aggregate cost estimates from Items 12, 13, and 14 in a single table.

The cost to the Government for the Application for Registration of Pesticide-Producing and Device-Producing Establishments (EPA Form 3540-8) is based on one work-year to review and process applications. Other direct costs are limited to review of the data, mailing costs, etc. The number of respondents (1703) are estimated based on the average annual number of applicants registering establishments over the past five-year period. See Table 3 for Agency burden and cost estimates.

The cost to the Government for the Pesticide Report for Pesticide-Producing and Device-Producing Establishments (EPA Form 3540-16) is based on one work-year to review and process production reports. The number of respondents is the number of active pesticide-producing and device-producing establishments registered with EPA (19,114) as well as 1703 initial reports from newly registered establishments. See Table 4 for Agency burden and cost estimates.

This ICR consolidated all government labor costs to that of a GS-13 step 1, as the bulk of the work is performed at this level. The minor shares of burden carried by management and clerical staff have been judged approximately equal and thus balance out if the entire burden is estimated at the GS-13/1 level.

EPA estimates that 10 percent of paper and 5 percent of electronic submissions are missing information or contain an error that requires the Agency to follow up with respondents. For purposes of this ICR, EPA used these assumptions in its calculations.

The estimates for Agency costs for EPA Forms 3540-8 and 3540-16 are shown in Tables 3 and 4, respectively.

Table 3: Annual Agency Burden/Cost Estimates for Application and Notification for Pesticide-Producing Establishments (EPA Form 3540-8)

[2023 GS- 13/1 hourly rate is $38.92 x (1.6 benefits cost) = $62.27]

                                  ACTIVITIES
                        ANNUAL BURDEN HOURS PAPER FORM
                        ANNUAL BURDEN HOURS eREPORTING
                                  TOTAL COSTS
                                       $
a. Respond to Inquiries
                                ($62.27 x 5.95)
                                    $370.52
                               ($62.27 x 590.24)
                                  $36,755.43
                                  $37,125.94

b. Review Information for Accuracy
                                ($62.27 x 3.4)
                                    $211.72
                               ($62.27 x 168.64)
                                  $10,501.55
                                  $10,713.27

c. Record Form Submission and Assign Establishment Number
                                ($62.27 x 3.4)
                                    $211.72
                               ($62.27 x 168.64)
                                  $10,501.55
                                  $10,713.27

d. Follow Up on Submissions with Errors
                                ($62.27 x 0.85)
                                    $52.93
                               ($62.27 x 21.08)
                                   $1312.69
                                   $1,365.62

e. Store and Maintain Data
                                ($62.27 x 3.4)
                                    $211.72
                               ($62.27 x 84.32)
                                   $5250.78
                                   $5,462.50

f. Prepare Notification
                                ($62.27 x 5.1)
                                    $317.59
                               ($62.27 x 84.32)
                                   $5,25.78
                                   $5,568.36

                                                                          TOTAL
                                  22.1 hours/
                                   $1,376.21
                                 117.24 hours/
                                  $69,572.77
                          1,139.34 hours/ $70,948.98

***NOTE:  Numbers in the Tables (1-4) may vary slightly because of a rounding factor.
Table 4: Annual Agency Burden Cost Estimates for Pesticide Report for Pesticide-Producing Establishments (EPA Form 3540-16)

[2023 GS-13/1 hourly rate is $38.92 x 1.6 benefits cost) = $62.27]

                                  ACTIVITIES
                        ANNUAL BURDEN HOURS PAPER FORM
                        ANNUAL BURDEN HOURS eREPORTING
                                 ANNUAL COSTS
a. Preparation of Notification
                                 ($62.27 x 12)
                                    $747.26
                                       0
                                                                        $747.26

b. Respond to Inquiries
                               ($62.27 x 386.19)
                                  $24,048.82
                               ($62.27 x 6899.9)
                                  $429,670.57
                                                                    $453,719.40

c. Review Information for Accuracy
                               ($62.27 x 386.19)
                                  $24,048.82
                               ($62.27 x 1971.4)
                                  $122,763.02
                                                                    $146,811.84
d. Follow Up on Submissions with Errors
                               ($62.27 x 55.17)
                                   $3,435.55
                               ($62.27 x 246.43)
                                  $15,345.38
                                                                     $18,780.92

e. Record and Enter Data into Electronic Database
                               ($62.27 x 386.19)
                                  $24,048.82
                               ($62.27 x 1971.4)
                                  $122,763.02
                                                                    $146,811.84
f. Store and Maintain Data
                               ($62.27 x 275.85)
                                  $17,177.73
                               ($62.27 x 1971.4)
                                  $122,763.02
                                                                    $139,940.75
TOTAL
                           1501.59 hours/ $93,507.01
                         13,060.53 hours/ $813,305.01
                                                   14,562.12 hours/ $906,812.03

15. Explain the reasons for any program changes or adjustments reported on the burden worksheet (in hour or cost burden.)

There is an increase of 5,993.68 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. This increase is a result of the COVID-19 pandemic causing a 109.1 percent increase in the average number of new establishments (815 in 2019 to 1703 in 2023) and a 34.15% increase in the total number of establishments (14,248 in 2019 to 19,114 in 2023). Additional increases are due to the increase in the salary tables used in the calculations. There have only been minor changes in the time used to calculate each individual activity.

16. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

EPA publishes a list of active pesticide-producing and device-producing establishments on its web site that is updated nightly. All other information collected under this ICR is not publicly available.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

This question is not applicable to this ICR.

18.Explain each exception to the topics of the certification statement identified in "Certification for Paperwork Reduction Act Submissions."

EPA does not request an exception to the certification of this information collection.
 List of Attachments for this Supporting Statement
FIFRA section 7 (7 USC 136e)
40 CFR part 167
EPA Form 3540-8
EPA Form 3540-16