[Federal Register Volume 79, Number 14 (Wednesday, January 22, 2014)]
[Notices]
[Pages 3657-3658]
[FR Doc No: 2014-01105]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71309; File No. SR-NYSEArca-2013-127]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of a Longer Period for Commission Action on a Proposed Rule
Change, as Modified by Amendment No. 1 Thereto, To List and Trade
Shares of Nine Series of the IndexIQ Active ETF Trust Under NYSE Arca
Equities Rule 8.600

January 15, 2014.
    On November 18, 2013, NYSE Arca, Inc. (``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'' or ``Exchange Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to list and trade shares of the
IQ Long/Short Alpha ETF, IQ Bear U.S. Large Cap ETF, IQ Bear U.S. Small
Cap ETF, IQ Bear International ETF, IQ Bear Emerging Markets ETF, IQ
Bull U.S. Large Cap ETF, IQ Bull U.S. Small Cap ETF, IQ Bull
International ETF and IQ Bull Emerging Markets ETF. On November 26,
2013, the Exchange filed Amendment No. 1 to the proposed rule
change.\3\ The proposed rule change, as modified by Amendment No. 1,
was published for comment in the Federal Register on December 4,
2013.\4\ The Commission received no comment letters on the proposed
rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 clarifies (i) how certain holdings will be
valued for purposes of calculating a fund's net asset value, and
(ii) where investors will be able to obtain pricing information for
certain underlying holdings.
    \4\ Securities Exchange Act Release No. 70954 (November 27,
2013), 78 FR 72955 (``Notice'').
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    Section 19(b)(2) of the Act \5\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
Commission is extending this 45-day time period.
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    \5\ 15 U.S.C. 78s(b)(2).
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    The Commission finds that it is appropriate to designate a longer
period within which to take action on the proposed rule change so that
it has

sufficient time to consider the proposed rule change. The proposed rule
change would permit the listing and trading of shares of the Funds,
which intend to invest primarily in exchange-traded funds (``ETFs''),
swap agreements, options contracts and futures contracts.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\6\ designates March 4, 2014, as the date by which the Commission
should either approve or disapprove or institute proceedings to
determine whether to disapprove the proposed rule change (File Number
SR-NYSEArca-2013-127).
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    \6\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(31).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-01105 Filed 1-21-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Rules and Regulations]
[Pages 10833-10835]
[FR Doc No: 2021-03256]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2020-0176; FRL-10017-66]

Oxalic Acid; Exemption From the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of oxalic acid on honey and honeycomb. This
regulation eliminates the need to establish a maximum permissible level
on these commodities for residues of oxalic acid.

DATES: This regulation is effective February 23, 2021. Objections and
requests for hearings must be received on or before April 26, 2021, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2020-0176, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

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

I. General Information

A. Does this action apply to me?

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

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

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Publishing Office's e-CFR site at
http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

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

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2020-1076 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing and must be received by the Hearing Clerk on or before
April 26, 2021. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2020-0176, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Background and Statutory Findings

    In the Federal Register of September 30, 2020 (85 FR 61682) (FRL-
10014-74), EPA issued a document pursuant to FFDCA section 408(d)(3),
21 U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance
petition (PP 0E8824) by Interregional Research Project Number 4 (IR-4),
500 College Road East, Suite 201W, Princeton, NJ 08540 as an agent for
the U.S. Department of Agriculture, Agricultural Research Service
(ARS), Bee Research Laboratory, 10300 Baltimore Ave. Bldg. 306, BARC-
East, Beltsville, MD 20705. The petition requested that 40 CFR part 180
be amended by establishing an exemption from the requirement of a
tolerance in or on honey and honeycomb for residues of oxalic acid
dihydrate. That document referenced a summary of the petition prepared
by the petitioner, ARS, which is available in the docket, http://www.regulations.gov. There were no comments received in response to the
notice of filing.
    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings but does not include
occupational exposure. Pursuant to FFDCA section 408(c)(2)(B), in
establishing or maintaining in effect an exemption from the requirement
of a tolerance, EPA must take into account the factors set forth in
FFDCA section 408(b)(2)(C) and (D), which requires

EPA to give special consideration to exposure of infants and children
to the pesticide chemical residue in establishing a tolerance and to
``ensure that there is a reasonable certainty that no harm will result
to infants and children from aggregate exposure to the pesticide
chemical residue . . .'', as well as consider other factors.
    EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. First, EPA determines the
toxicity of pesticides. Second, EPA examines exposure to the pesticide
through food, drinking water, and other non-occupational exposures that
occur as a result of use of the pesticide.

III. Toxicological Profile

    Consistent with FFDCA section 408(b)(2)(D), EPA has reviewed the
available scientific data and other relevant information in support of
this action and considered its validity, completeness and reliability
and the relationship of this information to human risk. EPA has also
considered available information concerning the variability of the
sensitivities of major identifiable subgroups of consumers, including
infants and children. The nature of the toxic effects caused by oxalic
acid are discussed in this unit.
    Oxalic acid is ubiquitous in the environment being found naturally
in many plants and vegetables, as well as in honey. Oxalic acid is
commonly used as an analytical reagent in textile finishing, in metal,
wood, or equipment cleaning, in bleaching straw and leather, in
removing paint, varnish, rust, or ink stains, in dye manufacturing, in
chemical synthesis, in the paper, ceramics, photographic, and rubber
industries, as well as in vitro as a blood specimen anticoagulant in
veterinary medicine. The available data indicate decreased body weight
effects occuring only at high doses. Moreover, based on the literature
and due to the lack of adverse effects associated with the long history
of use in a number of manufacturing processes and goods, exposure to
oxalic acid is unlikely to result in short-term, long-term, prenatal
developmental, or mutagenic and/or genotoxic toxicological effects. A
full discussion of the literature and background on the toxicological
profile of oxalic acid can be found in docket number EPA-HQ-OPP-2020-
0176 in the documents titled ``Oxalic Acid. Label Amendment Regarding
Use in Beehives with Honey Supers to Control Varroa Mites'' and
``Oxalic Acid. New Use in Beehives to control Varroa mites.''

IV. Aggregate Exposures

    In examining aggregate exposure, FFDCA section 408 directs EPA to
consider available information concerning exposures from the pesticide
residue in food and all other non-occupational exposures, including
drinking water from ground water or surface water and exposure through
pesticide use in gardens, lawns, or buildings (residential and other
indoor uses).
    Oxalic acid is ubiquitous in the environment being found naturally
in many plants and vegetables, as well as in honey. Available studies
and literature indicate that residues in or on honey from the proposed
use will be insignificant and indistinguishable from background levels
of oxalic acid, and due to the lack of toxicity, exposure is not
expected to pose a risk. EPA had also considered the potential for
aggregate exposure to oxalic acid residues in food and all other non-
occupational exposures, including drinking water (ground and surface)
and other pesticide uses in gardens, lawns, and/or buildings
(residential and other indoor uses). The proposed use does not change
the previous assessment's conclusions about drinking water and
residential exposure.

V. Cumulative Effects From Substances With a Common Mechanism of
Toxicity

    Section 408(b)(2)(D)(v) of FFDCA requires that, when considering
whether to establish, modify, or revoke a tolerance, the Agency
consider ``available information'' concerning the cumulative effects of
a particular pesticide's residues and ``other substances that have a
common mechanism of toxicity.''
    EPA has not found oxalic acid to share a common mechanism of
toxicity with any other substances, and oxalic acid does not appear to
produce a toxic metabolite produced by other substances. For the
purposes of this tolerance action, therefore, EPA has assumed that
oxalic acid does not have a common mechanism of toxicity with other
substances. For information regarding EPA's efforts to determine which
chemicals have a common mechanism of toxicity and to evaluate the
cumulative effects of such chemicals, see EPA's website at https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/cumulative-assessment-risk-pesticides.

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

    Based on the lack of toxicity and the fact that residues will be
below and indistinguishable from naturally occurring oxalic acid, EPA
concludes that there is a reasonable certainty that no harm to the
general U.S. population or any population subgroup, including infants
and children, will result from aggregate exposure when considering
dietary exposure and all other non-occupational sources of pesticide
exposure. Accordingly, EPA finds that exempting residues of oxalic acid
from the requirement of a tolerance will be safe.

VII. Other Considerations

Analytical Enforcement Methodology

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

VIII. Conclusion

    Therefore, an exemption is established for residues of oxalic acid
in or on honey and honeycomb when applied to beehives.

IX. Statutory and Executive Order Reviews

    This action establishes an exemption from the requirement of a
tolerance under FFDCA section 408(d) in response to a petition
submitted to the Agency. The Office of Management and Budget (OMB) has
exempted these types of actions from review under Executive Order
12866, entitled ``Regulatory Planning and Review'' (58 FR 51735,
October 4, 1993). Because this action has been exempted from review
under Executive Order 12866, this action is not subject to Executive
Order 13211, entitled ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) or Executive Order 13045, entitled ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), nor is it considered a regulatory action under
Executive Order 13771, entitled ``Reducing Regulations and Controlling
Regulatory Costs'' (82 FR 9339, February 3, 2017). This action does not
contain any information collections subject to OMB approval under the
Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it
require any special considerations under Executive Order 12898,
entitled ``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations'' (59 FR 7629, February 16,
1994).
    Since tolerances and exemptions that are established on the basis
of a petition

under FFDCA section 408(d), such as the exemption in this final rule,
do not require the issuance of a proposed rule, the requirements of the
Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or Tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
Tribal Governments, on the relationship between the National Government
and the States or Tribal Governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian Tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

X. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

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

    Dated: December 23, 2020.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.

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

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

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

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

0
2. Add Sec.  180.1381 to subpart D to read as follows:

Sec.  180.1381   Oxalic Acid; exemption from the requirement of a
tolerance.

    Residues of oxalic acid in or on honey and honeycomb are exempted
from the requirement of a tolerance when oxalic acid is used as a
miticide in honeybee hives.

[FR Doc. 2021-03256 Filed 2-22-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)]
[Notices]
[Page 4728]
[FR Doc No: 2016-01534]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76953; File No. SR-BYX-2012-019]

Self-Regulatory Organization; BATS Y-Exchange, Inc.; Order
Granting an Extension to Limited Exemption From Rule 612(c) of
Regulation NMS in Connection With the Exchange's Retail Price
Improvement Program

January 21, 2016.
    On November 27, 2012, the Securities and Exchange Commission
(``Commission'') issued an order pursuant to its authority under Rule
612(c) of Regulation NMS (``Sub-Penny Rule) \1\ that granted the BATS
Y-Exchange, Inc. (``BYX'' or the ``Exchange'') a limited exemption from
the Sub-Penny Rule in connection with the operation of the Exchange's
Retail Price Improvement (``RPI'') Program (the ``Program''). The
limited exemption was granted concurrently with the Commission's
approval of the Exchange's proposal to adopt the Program for a one-year
pilot term. \2\ The exemption was granted coterminous with the
effectiveness of the pilot Program and has been extended twice; \3\
both the pilot Program and exemption are scheduled to expire on January
31, 2016.
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    \1\ 17 CFR 242.612(c).
    \2\ See Securities Exchange Act Release No. 68303 (November 27,
2012), 77 FR 71652 (December 3, 2012) (``RPI Approval Order'') (SR-
BXY-2012-019).
    \3\ See Securities Exchange Act Release Nos. 71249 (January 7,
2014), 79 FR 2229 (January 13, 2012) (SR-BYX-2014-001) (extending
the pilot period); 71250 (January 7, 2014), 79 FR 2234 (January 13,
2012) (Order Granting an Extension to Limited Exemption From Rule
612(c) of Regulation NMS in Connection With the Exchange's Retail
Price Improvement Program); 74111 (January 22, 2015), 80 FR 4598
(January 28, 2015) (SR-BYX-2015-05) (extending the pilot period);
and 74115 (January 22, 2015), 80 FR 4324 (January 27, 2015) (Order
Granting an Extension to Limited Exemption From Rule 612(c) of
Regulation NMS in Connection With the Exchange's Retail Price
Improvement Program).
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    The Exchange now seeks to extend the exemption until July 31, 2016.
\4\ The Exchange's request was made in conjunction with an immediately
effective filing that extends the operation of the Program until July
31, 2015. \5\ In its request to extend the exemption, the Exchange
notes that the Program was implemented gradually over time.
Accordingly, the Exchange has asked for additional time to allow itself
and the Commission to analyze data concerning the Program, which the
Exchange committed to provide to the Commission. \6\ For this reason
and the reasons stated in the Order originally granting the limited
exemption, the Commission finds that extending the exemption, pursuant
to its authority under Rule 612(c) of Regulation NMS, is appropriate in
the public interest and consistent with the protection of investors.
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    \4\ See letter from Anders Franzon, Senior Vice President and
Associate General Counsel, BYX, to Elizabeth M. Murphy, Secretary,
Commission, dated January 12, 2016.
    \5\ See SR-BYX-2016-01.
    \6\ See RPI Approval Order, supra note 2, at 77 FR at 71657.
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    Therefore, it is hereby ordered, that, pursuant to Rule 612(c) of
Regulation NMS, the Exchange is granted a limited exemption from Rule
612(c) of Regulation NMS that allows it to accept and rank orders
priced equal to or greater than $1.00 per share in increments of
$0.001, in connection with the operation of its RPI Program.
    The limited and temporary exemption extended by this Order is
subject to modification or revocation if at any time the Commission
determines that such action is necessary or appropriate in furtherance
of the purposes of the Securities Exchange Act of 1934. Responsibility
for compliance with any applicable provisions of the federal securities
laws must rest with the persons relying on the exemptions that are the
subject of this Order.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority. \7\
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    \7\ 17 CFR 200.30-3(a)(83).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-01534 Filed 1-26-16; 8:45 am]
 BILLING CODE 8011-01-P