[Federal Register Volume 79, Number 35 (Friday, February 21, 2014)]
[Rules and Regulations]
[Pages 9856-9861]
[FR Doc No: 2014-03733]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2012-0862; FRL-9906-24]

Alkyl Alcohol Alkoxylate Phosphate and Sulfate Derivatives;
Exemption From the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation amends two exemptions from the requirement of
a tolerance for residues of [alpha]-alkyl (minimum C6
linear, branched, saturated and/or unsaturated)-[omega]-
hydroxypolyoxyethylene polymer with or without polyoxypropylene,
mixture of di- and monohydrogen phosphate esters and the corresponding
ammonium, calcium, magnesium, monoethanolamine, potassium, sodium, and
zinc salts of the phosphate esters; minimum oxyethylene content is 2
moles; minimum oxypropylene content is 0 moles, herein referred to as
alkyl alcohol alkoxylate phosphate derivatives (AAAPD) and [alpha]-
Alkyl(C6-C15)-[omega]-
hydroxypoly(oxyethylene)sulfate, and its ammonium, calcium, magnesium,
potassium, sodium, and zinc salts, poly(oxyethylene) content averages
2-4 moles, herein referred to alkyl alcohol alkoxylate sulfate
derivatives (AAASD) when used as inert ingredients (surfactants)
applied to growing crops and raw agricultural commodities after harvest
under 40 CFR 180.910 and applied to animals under 40 CFR 180.930; not
to exceed 30% of pesticide formulations. Joint Inerts Task Force
Cluster Support Team 2 (JITF CST 2) c/o Huntsman Corp. submitted a
petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA),
requesting an amendment to an existing requirement of a tolerance. This
regulation eliminates the need to establish a maximum permissible level
for residues of alkyl alcohol alkoxylate phosphate and sulfate
derivatives.

DATES: This regulation is effective February 21, 2014. Objections and
requests for hearings must be received on or before April 22, 2014, 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-2012-0862 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), EPA West 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 (202)
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

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

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
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 Printing 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-2012-0862 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 22, 2014. 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-2012-0862, 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.htm.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Petition for Exemption

    In the Federal Register of July 29, 2009 (74 FR 37571) (FRL-8424-
6), EPA issued a Final Rule, announcing the establishment of a
tolerance exemption pursuant to a pesticide petition (PP 9E7533) by the
Joint Inerts Task Force (JITF) Cluster Support Team Number 2 (CST 2) c/
o CropLife America, 1156 15th Street NW., Suite 400, Washington, DC
20005. The petition requested that

40 CFR 180.910, 40 CFR 180.920 and 40 CFR 180.930 be amended by
establishing exemptions from the requirement of a tolerance for
residues of a group of substances known as alkyl alcohol alkoxylate
phosphate and sulfate derivatives. The exemptions narratively describe
the subject chemical as [alpha]-alkyl (minimum C6 linear,
branched, saturated and/or unsaturated)-[omega]-hydroxypolyoxyethylene
polymer with or without polyoxypropylene, mixture of di- and
monohydrogen phosphate esters and the corresponding ammonium, calcium,
magnesium, monoethanolamine, potassium, sodium, and zinc salts of the
phosphate esters; minimum oxyethylene content is 2 moles; minimum
oxypropylene content is 0 moles and [alpha]-Alkyl(C6-
C15)-[omega]-hydroxypoly(oxyethylene)sulfate, and its
ammonium, calcium, magnesium, potassium, sodium, and zinc salts,
poly(oxyethylene) content averages 2-4 moles. The current petition
seeks to expand the exemptions for alkyl alcohol alkoxylate sulfate
derivatives by adding additional chemicals identified by Chemical
Abstract Service Registry Numbers (CAS Reg. Nos.).
    In the Federal Register of August 20, 2010 (75 FR 51382) (FRL-8836-
5), EPA issued a Final Rule, announcing the establishment of a
tolerance exemption pursuant to a pesticide petition (PP 9E7628) by the
Joint Inerts Task Force (JITF) Cluster Support Team Number 2 (CST 2) c/
o CropLife America, 1156 15th Street NW., Suite 400, Washington, DC
20005. The petition requested that 40 CFR 180.910 and 40 CFR 180.930 be
amended by establishing an exemption from the requirement of a
tolerance for residues of a group of substances known as alkyl alcohol
alkoxylate phosphate derivatives. The current petition seeks to expand
the exemptions for alkyl alcohol alkoxylate phosphate derivatives by
adding additional chemicals identified by CAS Reg. Nos.
    In the Federal Register of June 5, 2013 (78 FR 33785) (FRL-9386-2),
EPA issued a document pursuant to FFDCA section 408, 21 U.S.C. 346a,
announcing the filing of a pesticide petition (PP 2E8092) by Joint
Inerts Task Force, Cluster Support Team 2, (JITF CST2), c/o Huntsman
Corp., 8600 Gosling Rd., The Woodlands, TX 77381. The petition
requested that 40 CFR 180.910 and 40 CFR 180.930 be amended by
modifying two exemptions from the requirement of a tolerance for
residues of alkyl alcohol alkoxylate phosphate derivatives to include
CAS Reg. Nos. 9004-80-2; 26982-05-8; 31800-89-2; 39341-09-8; 39341-65-
6; 39464-69-2; 50668-50-3; 51884-64-1; 57486-09-6; 59112-71-9; 62362-
49-6; 63747-86-4; 63887-55-8; 66272-25-1; 67786-06-5; 67989-06-4;
68071-37-4; 68130-44-9; 68130-45-0; 68130-46-1; 68186-29-8; 68186-34-5;
68238-84-6; 68311-04-6; 68389-72-0; 68413-78-5; 68425-75-2; 68439-39-4;
68511-15-9; 68511-36-4; 68551-05-3; 68585-15-9; 68585-16-0; 68585-17-1;
68585-39-7; 68603-24-7; 68607-14-7; 68610-64-0; 68649-30-9; 68650-84-0;
68855-46-9; 68856-03-1; 68890-90-4; 68890-91-5; 68891-12-3; 68891-26-9;
68909-65-9; 68909-67-1; 68909-69-3; 68921-24-4; 68921-60-8; 68954-87-0;
68954-88-1; 68954-92-7; 68987-35-9; 69029-43-2; 69980-69-4; 70247-99-3;
70248-14-5; 70903-63-8; 71965-23-6; 71965-24-7; 72480-27-4; 72623-67-7;
72623-68-8; 72828-56-9; 72828-57-0; 73018-34-5; 73050-08-5; 73050-09-6;
73361-29-2; 73378-71-9; 73378-72-0; 73559-42-9; 73559-43-0; 73559-44-1;
73559-45-2; 74499-76-6; 76930-25-1; 78330-22-0; 91254-26-1; 93925-54-3;
96416-89-6; 103170-31-6; 103170-32-7; 106233-09-4; 106233-10-7; 110392-
49-9; 111798-26-6; 111905-50-1; 116671-23-9; 117584-36-8; 119415-05-3;
121158-61-0; 121158-63-2; 125139-13-1; 125301-86-2; 125301-87-3;
126646-03-5; 129870-77-5; 129870-80-0; 130354-37-9; 136504-88-6;
143372-50-3; 143372-51-4; 154518-40-8; 155240-11-2; 160498-49-7;
160611-24-5; 171543-66-1; 210493-60-0; 246159-55-7; 251298-11-0;
261627-68-3; 422563-19-7; 1072943-56-6; 1187742-89-7; 1187743-35-6 and
alkyl alcohol alkoxylate sulfate derivatives to include CAS Reg. Nos.
9021-91-4; 27140-00-7; 27731-61-9; 27731-62-0; 34431-25-9; 35015-74-8;
52286-18-7; 52286-19-8; 54116-08-4; 61702-79-2; 63428-86-4; 63428-87-5;
65086-57-9; 65086-79-5; 67674-66-2; 67845-82-3; 67845-83-4; 68037-05-8;
68037-06-9; 68171-41-5; 68610-66-2; 68649-53-6; 68890-88-0; 68891-29-2;
68891-30-5; 69011-37-6; 75422-21-8; 78330-16-2; 78330-17-3; 78330-25-3;
78330-26-4; 78330-27-5; 78330-28-6; 78330-29-7; 78330-30-0; 96130-61-9;
106597-03-9; 110392-50-2; 125301-88-4; 125301-89-5; 125301-92-0;
125736-54-1; 157707-85-2; 160104-51-8; 160901-27-9; 160901-28-0;
160901-29-1; 160901-30-4; 161025-28-1; 161074-79-9; 162063-19-6 when
used as inert ingredients (surfactants) in pesticide formulations
applied to growing crops, raw agricultural commodities after harvest
and applied to animals; not to exceed 30% of pesticide formulations.
That document referenced a summary of the petition prepared by Joint
Inerts Task Force, Cluster Support Team 2, (JITF CST2), c/o Huntsman
Corp., the petitioner, which is available in the docket, http://www.regulations.gov. There were no comments received in response to the
notice of filing.
    In this petition, the JITF CST 2 claims that the requested chemical
CAS Reg. Nos. listed in Unit II. should be covered by the published
tolerance exemptions for alkyl alcohol alkoxylate phosphate and sulfate
derivatives and that no further data or review is required to amend the
existing tolerance exemption to include the additional CAS Reg. Nos.
    Based upon review of the data supporting the petition, EPA has
confirmed that the requested CAS Reg. Nos. are appropriately added to
the currently approved respective descriptors (alkyl alcohol alkoxylate
phosphate derivatives or alkyl alcohol alkoxylate sulfate derivatives).

III. Inert Ingredient Definition

    Inert ingredients are all ingredients that are not active
ingredients as defined in 40 CFR 153.125 and include, but are not
limited to, the following types of ingredients (except when they have a
pesticidal efficacy of their own): Solvents such as alcohols and
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty
acids; carriers such as clay and diatomaceous earth; thickeners such as
carrageenan and modified cellulose; wetting, spreading, and dispersing
agents; propellants in aerosol dispensers; microencapsulating agents;
and emulsifiers. The term ``inert'' is not intended to imply
nontoxicity; the ingredient may or may not be chemically active.
Generally, EPA has exempted inert ingredients from the requirement of a
tolerance based on the low toxicity of the individual inert
ingredients.

IV. Aggregate Risk Assessment and Determination of Safety

    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. Section 408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure of infants and children to the
pesticide

chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be clearly demonstrated that the risks from
aggregate exposure to pesticide chemical residues under reasonably
foreseeable circumstances will pose no appreciable risks to human
health. In order to determine the risks from aggregate exposure to
pesticide inert ingredients, the Agency considers the toxicity of the
inert in conjunction with possible exposure to residues of the inert
ingredient through food, drinking water, and through other exposures
that occur as a result of pesticide use in residential settings. If EPA
is able to determine that a finite tolerance is not necessary to ensure
that there is a reasonable certainty that no harm will result from
aggregate exposure to the inert ingredient, an exemption from the
requirement of a tolerance may be established.
    Consistent with FFDCA section 408(c)(2)(A), and the factors
specified in FFDCA section 408(c)(2)(B), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for alkyl alcohol alkoxylate
phosphate and sulfate derivatives including exposure resulting from the
exemption amended by this action. EPA's assessment of exposures and
risks associated with alkyl alcohol alkoxylate phosphate and sulfate
derivatives follows.
    The Agency agrees with the petitioner that CAS Reg. Nos.: 9004-80-
2; 26982-05-8; 31800-89-2; 39341-09-8; 39341-65-6; 39464-69-2; 50668-
50-3; 51884-64-1; 57486-09-6; 59112-71-9; 62362-49-6; 63747-86-4;
63887-55-8; 66272-25-1; 67786-06-5; 67989-06-4; 68071-37-4; 68130-44-9;
68130-45-0; 68130-46-1; 68186-29-8; 68186-34-5; 68238-84-6; 68311-04-6;
68389-72-0; 68413-78-5; 68425-75-2; 68439-39-4; 68511-15-9; 68511-36-4;
68551-05-3; 68585-15-9; 68585-16-0; 68585-17-1; 68585-39-7; 68603-24-7;
68607-14-7; 68610-64-0; 68649-30-9; 68650-84-0; 68855-46-9; 68856-03-1;
68890-90-4; 68890-91-5; 68891-12-3; 68891-26-9; 68909-65-9; 68909-67-1;
68909-69-3; 68921-24-4; 68921-60-8; 68954-87-0; 68954-88-1; 68954-92-7;
68987-35-9; 69029-43-2; 69980-69-4; 70247-99-3; 70248-14-5; 70903-63-8;
71965-23-6; 71965-24-7; 72480-27-4; 72623-67-7; 72623-68-8; 72828-56-9;
72828-57-0; 73018-34-5; 73050-08-5; 73050-09-6; 73361-29-2; 73378-71-9;
73378-72-0; 73559-42-9; 73559-43-0; 73559-44-1; 73559-45-2; 74499-76-6;
76930-25-1; 78330-22-0; 91254-26-1; 93925-54-3; 96416-89-6; 103170-31-
6; 103170-32-7; 106233-09-4; 106233-10-7; 110392-49-9; 111798-26-6;
111905-50-1; 116671-23-9; 117584-36-8; 119415-05-3; 121158-61-0;
121158-63-2; 125139-13-1; 125301-86-2; 125301-87-3; 126646-03-5;
129870-77-5; 129870-80-0; 130354-37-9; 136504-88-6; 143372-50-3;
143372-51-4; 154518-40-8; 155240-11-2; 160498-49-7; 160611-24-5;
171543-66-1; 210493-60-0; 246159-55-7; 251298-11-0; 261627-68-3;
422563-19-7; 1072943-56-6; 1187742-89-7; and 1187743-35-6 are alkyl
alcohol alkoxylate phosphate derivatives similar to those present in
the existing exemption.
    The Agency agrees with the petitioner that CAS Reg. Nos.: 9021-91-
4; 27140-00-7; 27731-61-9; 27731-62-0; 34431-25-9; 35015-74-8; 52286-
18-7; 52286-19-8; 54116-08-4; 61702-79-2; 63428-86-4; 63428-87-5;
65086-57-9; 65086-79-5; 67674-66-2; 67845-82-3; 67845-83-4; 68037-05-8;
68037-06-9; 68171-41-5; 68610-66-2; 68649-53-6; 68890-88-0; 68891-29-2;
68891-30-5; 69011-37-6; 75422-21-8; 78330-16-2; 78330-17-3; 78330-25-3;
78330-26-4; 78330-27-5; 78330-28-6; 78330-29-7; 78330-30-0; 96130-61-9;
106597-03-9; 110392-50-2; 125301-88-4; 125301-89-5; 125301-92-0;
125736-54-1; 157707-85-2; 160104-51-8; 160901-27-9; 160901-28-0;
160901-29-1; 160901-30-4; 161025-28-1; 161074-79-9; and 162063-19-6 are
alkyl alcohol alkoxylate sulfate derivatives similar to those present
in the existing exemption.
    In 2009, in establishing the exemption for alkyl alcohol alkoxylate
sulfate derivatives and in 2010, in establishing the exemption for
alkyl alcohol alkoxylate phosphate derivatives, EPA assessed their
safety generally using worst case exposure assumptions (see Unit IV. of
74 FR 37571 and Unit IV. of 75 FR 51382). Based upon the review of the
data supporting both of these petitions, EPA has confirmed that the
requested CAS Reg. Nos. are appropriately added to the currently
approved descriptors. The requested CAS Reg. Nos. consist of compounds
that are either: [alpha]-alkyl (minimum C6 linear or
branched, saturated and or unsaturated)-[omega]-hydroxypolyoxyethylene
polymers with or without polyoxypropylene, mixture of di- and
monohydrogen phosphate esters or the corresponding ammonium, calcium,
magnesium, monoethanolamine, potassium, sodium and zinc salts thereof
with a minimum oxyethylene content averages 2 moles and minimum
oxypropylene content is 0 moles; or [alpha]-Alkyl(C6-
C15)-[omega]-hydroxypoly(oxyethylene)sulfate, or the
ammonium, calcium, magnesium, potassium, sodium, and zinc salt thereof,
with a poly(oxyethylene) content averaging 2-4 moles. As such, the
requested CAS Reg. Nos. fall within the existing tolerance exemption
descriptors for alkyl alcohol alkoxylate phosphate and sulfate
derivatives given in 40 CFR 180.910 and 40 CFR 180.930. The Agency has
determined that the proposed addition of the requested CAS Reg. Nos. is
adequately supported by the existing data and assessment and that no
additional data or review is required. Inclusion of the additional
chemicals described in Unit IV. in the risk assessments for the alkyl
alcohol alkoxylate phosphate and sulfate derivatives would in no way
alter the prior risk assessments given the generic findings on toxicity
and the worst case exposure assumptions used in those risk assessments.
Accordingly, based on the findings in that earlier rule, EPA has
determined that there is a reasonable certainty that no harm to any
population subgroup, including infants and children, will result from
aggregate exposure to alkyl alcohol alkoxylate phosphate and sulfate
derivatives by including the additional chemicals described in Unit
IV., under reasonably foreseeable circumstances. Therefore, the
amendment to an existing requirement of a tolerance under 40 CFR
180.910 and 40 CFR 180.930 for residues of alkyl alcohol alkoxylate
phosphate and sulfate derivatives to include the chemicals described in
Unit IV. is safe under FFDCA section 408.

V. Other Considerations

A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is not establishing a numerical level of residues of the
alkyl alcohol alkoxylate phosphate and sulfate derivatives that cannot
be exceeded in or on any food commodities. EPA is establishing a
limitation on the amount of the alkyl alcohol alkoxylate phosphate and
sulfate derivatives that may be used in pesticide formulations. That
limitation will be enforced through the pesticide registration process
under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA),
7 U.S.C. 136 et seq. EPA will not register any pesticide for sale or
distribution that contains greater than 30% of the alkyl

alcohol alkoxylate phosphate and sulfate derivatives by weight in the
pesticide formulation.

 VI. Conclusions

    Therefore, the exemptions from the requirement of a tolerance under
40 CFR 180. 910 and 40 CFR 180.930 for alkyl alcohol alkoxylate
phosphate and sulfate derivatives are amended to include the requested
CAS Reg. Nos. when used as inert ingredients (surfactants) in pesticide
formulations applied to growing crops, raw agricultural commodities
after harvest and to animals, not to exceed 30% of pesticide
formulations.

VII. Statutory and Executive Order Reviews

    This final rule establishes an exemption from the requirement for a
tolerance in response to a petition submitted to the Agency under FFDCA
section 408(d). The Office of Management and Budget (OMB) has exempted
these types of actions from review under Executive Order 12866,
entitled ``Regulatory Planning and Review'' (58 FR 51735, October 4,
1993). Because this final rule has been exempted from review under
Executive Order 12866, this final rule is not subject to Executive
Order 13211, entitled ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) or Executive Order 13045, entitled ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997). This final rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the 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 final rule 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 final rule. In addition,
this final rule does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (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 of 1995 (NTTAA) (15 U.S.C. 272 note).

VIII. 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: February 11, 2014.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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

0
2. In Sec.  180.910, revise the following inert ingredients in the
table to read as follows:

Sec.  180.910  Inert ingredients used pre- and post-harvest; exemptions
from the requirement of a tolerance.

------------------------------------------------------------------------
        Inert ingredients               Limits               Uses
------------------------------------------------------------------------

                              * * * * * * *
[alpha]-Alkyl(C6-C15)-[omega]-    Not to exceed 30%   Surfactants,
 hydroxypoly(oxyethylene)sulfate   of pesticide        related adjuvants
 , and its ammonium, calcium,      formulation.        of surfactants.
 magnesium, potassium, sodium,
 and zinc salts,
 poly(oxyethylene) content
 averages 2-4 moles (CAS Reg.
 Nos. 3088-31-1, 9004-82-4, 9004-
 84-6, 9021-91-4, 13150-00-0,
 25446-78-0, 26183-44-8, 27140-
 00-7, 27731-61-9, 27731-62-0,
 32612-48-9, 34431-25-9, 35015-
 74-8, 50602-06-7, 52286-18-7,
 52286-19-8, 54116-08-4, 61702-
 79-2, 62755-21-9, 63428-86-4,
 63428-87-5, 65086-57-9, 65086-
 79-5, 67674-66-2, 67845-82-3,
 67845-83-4, 68037-05-8, 68037-
 06-9, 68171-41-5, 68424-50-0,
 68511-39-7, 68585-34-2, 68610-
 66-2, 68611-55-2, 68649-53-6,
 68890-88-0, 68891-29-2, 68891-
 30-5, 68891-38-3, 69011-37-6,
 73665-22-2, 75422-21-8, 78330-
 16-2, 78330-17-3, 78330-25-3,
 78330-26-4, 78330-27-5, 78330-
 28-6, 78330-29-7, 78330-30-0,
 96130-61-9, 106597-03-9, 110392-
 50-2, 125301-88-4, 125301-89-5,
 125301-92-0, 125736-54-1,
 157707-85-2, 160104-51-8,
 160901-27-9, 160901-28-0,
 160901-29-1, 160901-30-4,
 161025-28-1, 161074-79-9,
 162063-19-6).

                              * * * * * * *
[alpha]-alkyl (minimum C6         Not to exceed 30%   Surfactants,
 linear, branched, saturated and/  of pesticide        related adjuvants
 or unsaturated)-[omega]-          formulation.        of surfactants.
 hydroxypolyoxyethylene polymer
 with or without
 polyoxypropylene, mixture of di-
  and monohydrogen phosphate
 esters and the corresponding
 ammonium, calcium, magnesium,
 monoethanolamine, potassium,
 sodium and zinc salts of the
 phosphate esters; minimum
 oxyethylene content averages 2
 moles; minimum oxypropylene
 content is 0 moles (CAS Reg.
 Nos. 9004-80-2, 9046-01-9,
 26982-05-8, 31800-89-2, 37280-
 82-3, 39464-66-9, 39341-09-8,
 39341-65-6, 39464-69-2, 42612-
 52-2, 50643-20-4, 50668-50-3,
 51884-64-1, 52019-36-0, 57486-
 09-6, 58318-92-6, 59112-71-9,
 60267-55-2, 61837-79-4, 62362-
 49-6, 63747-86-4, 63887-55-8,
 66272-25-1, 67711-84-6, 67786-
 06-5, 67989-06-4, 68070-99-5,
 68071-17-0, 68071-35-2, 68071-
 37-4, 68130-44-9, 68130-45-0,
 68130-46-1, 68130-47-2, 68186-
 29-8, 68186-36-7, 68186-34-5,
 68186-37-8, 68238-84-6, 68311-
 02-4, 68311-04-6, 68389-72-0,
 68413-78-5, 68425-73-0, 68425-
 75-2, 68439-39-4, 68458-48-0,
 68511-15-9, 68511-36-4, 68511-
 37-5, 68551-05-3, 68585-15-9,
 68585-16-0, 68585-17-1, 68585-
 36-4, 68585-39-7, 68603-24-7,
 68607-14-7, 68610-64-0, 68610-
 65-1, 68649-29-6, 68649-30-9,
 68650-84-0, 68815-11-2, 68855-
 46-9, 68856-03-1, 68890-90-4,
 68890-91-5, 68891-12-3, 68891-
 13-4, 68891-26-9, 68908-64-5,
 68909-65-9, 68909-67-1, 68909-
 69-3, 68921-24-4, 68921-60-8,
 68954-87-0, 68954-88-1, 68954-
 92-7, 68987-35-9, 69029-43-2,
 69980-69-4, 70247-99-3, 70248-
 14-5, 70903-63-8, 71965-23-6,
 71965-24-7, 72480-27-4, 72623-
 67-7, 72623-68-8, 72828-56-9,
 72828-57-0, 73018-34-5, 73038-
 25-2, 73050-08-5, 73050-09-6,
 73361-29-2, 73378-71-9, 73378-
 72-0, 73559-42-9, 73559-43-0,
 73559-44-1, 73559-45-2, 74499-
 76-6, 76930-25-1, 78330-22-0,
 78330-24-2, 91254-26-1, 93925-
 54-3, 96416-89-6, 103170-31-6,
 103170-32-7, 106233-09-4,
 106233-10-7, 108818-88-8,
 110392-49-9, 111798-26-6,
 111905-50-1, 116671-23-9,
 117584-36-8, 119415-05-3,
 121158-61-0, 121158-63-2,
 125139-13-1, 125301-86-2,
 125301-87-3, 126646-03-5,
 129870-77-5, 129870-80-0,
 130354-37-9, 136504-88-6,
 143372-50-3, 143372-51-4,
 154518-39-5, 154518-40-8,
 155240-11-2, 160498-49-7,
 160611-24-5, 171543-66-1,
 210493-60-0, 246159-55-7,
 251298-11-0, 261627-68-3,
 317833-96-8, 422563-19-7,
 873662-29-4, 936100-29-7,
 936100-30-0, 1072943-56-6,
 1187742-89-7, 1187743-35-6).

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

0
3. In Sec.  180.930, revise the following inert ingredients in the
table to read as follows:

Sec.  180.930  Inert ingredients applied to animals; exemptions from
the requirement of a tolerance.

------------------------------------------------------------------------
        Inert ingredients               Limits               Uses
------------------------------------------------------------------------

                              * * * * * * *
[alpha]-Alkyl(C6-C15)-[omega]-    Not to exceed 30%   Surfactants,
 hydroxypoly(oxyethylene)sulfate   of pesticide        related adjuvants
 , and its ammonium, calcium,      formulation.        of surfactants.
 magnesium, potassium, sodium,
 and zinc salts,
 poly(oxyethylene) content
 averages 2-4 moles (CAS Reg.
 Nos. 3088-31-1, 9004-82-4, 9004-
 84-6, 9021-91-4, 13150-00-0,
 25446-78-0, 26183-44-8, 27140-
 00-7, 27731-61-9, 27731-62-0,
 32612-48-9, 34431-25-9, 35015-
 74-8, 50602-06-7, 52286-18-7,
 52286-19-8, 54116-08-4, 61702-
 79-2, 62755-21-9, 63428-86-4,
 63428-87-5, 65086-57-9, 65086-
 79-5, 67674-66-2, 67845-82-3,
 67845-83-4, 68037-05-8, 68037-
 06-9, 68171-41-5, 68424-50-0,
 68511-39-7, 68585-34-2, 68610-
 66-2, 68611-55-2, 68649-53-6,
 68890-88-0, 68891-29-2, 68891-
 30-5, 68891-38-3, 69011-37-6,
 73665-22-2, 75422-21-8, 78330-
 16-2, 78330-17-3, 78330-25-3,
 78330-26-4, 78330-27-5, 78330-
 28-6, 78330-29-7, 78330-30-0,
 96130-61-9, 106597-03-9, 110392-
 50-2, 125301-88-4, 125301-89-5,
 125301-92-0, 125736-54-1,
 157707-85-2, 160104-51-8,
 160901-27-9, 160901-28-0,
 160901-29-1, 160901-30-4,
 161025-28-1, 161074-79-9,
 162063-19-6).

                              * * * * * * *
[alpha]-alkyl (minimum C6         Not to exceed 30%   Surfactants,
 linear, branched, saturated and/  of pesticide        related adjuvants
 or unsaturated)-[omega]-          formulation.        of surfactants
 hydroxypolyoxyethylene polymer
 with or without
 polyoxypropylene, mixture of di-
  and monohydrogen phosphate
 esters and the corresponding
 ammonium, calcium, magnesium,
 monoethanolamine, potassium,
 sodium and zinc salts of the
 phosphate esters; minimum
 oxyethylene content averages 2
 moles; minimum oxypropylene
 content is 0 moles (CAS Reg.
 Nos. 9004-80-2, 9046-01-9,
 26982-05-8, 31800-89-2, 37280-
 82-3, 39464-66-9, 39341-09-8,
 39341-65-6, 39464-69-2, 42612-
 52-2, 50643-20-4, 50668-50-3,
 51884-64-1, 52019-36-0, 57486-
 09-6, 58318-92-6, 59112-71-9,
 60267-55-2, 61837-79-4, 62362-
 49-6, 63747-86-4, 63887-55-8,
 66272-25-1, 67711-84-6, 67786-
 06-5, 67989-06-4, 68070-99-5,
 68071-17-0, 68071-35-2, 68071-
 37-4, 68130-44-9, 68130-45-0,
 68130-46-1, 68130-47-2, 68186-
 29-8, 68186-36-7, 68186-34-5,
 68186-37-8, 68238-84-6, 68311-
 02-4, 68311-04-6, 68389-72-0,
 68413-78-5, 68425-73-0, 68425-
 75-2, 68439-39-4, 68458-48-0,
 68511-15-9, 68511-36-4, 68511-
 37-5, 68551-05-3, 68585-15-9,
 68585-16-0, 68585-17-1, 68585-
 36-4, 68585-39-7, 68603-24-7,
 68607-14-7, 68610-64-0, 68610-
 65-1, 68649-29-6, 68649-30-9,
 68650-84-0, 68815-11-2, 68855-
 46-9, 68856-03-1, 68890-90-4,
 68890-91-5, 68891-12-3, 68891-
 13-4, 68891-26-9, 68908-64-5,
 68909-65-9, 68909-67-1, 68909-
 69-3, 68921-24-4, 68921-60-8,
 68954-87-0, 68954-88-1, 68954-
 92-7, 68987-35-9, 69029-43-2,
 69980-69-4, 70247-99-3, 70248-
 14-5, 70903-63-8, 71965-23-6,
 71965-24-7, 72480-27-4, 72623-
 67-7, 72623-68-8, 72828-56-9,
 72828-57-0, 73018-34-5, 73038-
 25-2, 73050-08-5, 73050-09-6,
 73361-29-2, 73378-71-9, 73378-
 72-0, 73559-42-9, 73559-43-0,
 73559-44-1, 73559-45-2, 74499-
 76-6, 76930-25-1, 78330-22-0,
 78330-24-2, 91254-26-1, 93925-
 54-3, 96416-89-6, 103170-31-6,
 103170-32-7, 106233-09-4,
 106233-10-7, 108818-88-8,
 110392-49-9, 111798-26-6,
 111905-50-1, 116671-23-9,
 117584-36-8, 119415-05-3,
 121158-61-0, 121158-63-2,
 125139-13-1, 125301-86-2,
 125301-87-3, 126646-03-5,
 129870-77-5, 129870-80-0,
 130354-37-9, 136504-88-6,
 143372-50-3, 143372-51-4,
 154518-39-5, 154518-40-8,
 155240-11-2, 160498-49-7,
 160611-24-5, 171543-66-1,
 210493-60-0, 246159-55-7,
 251298-11-0, 261627-68-3,
 317833-96-8, 422563-19-7,
 873662-29-4, 936100-29-7,
 936100-30-0, 1072943-56-6,
 1187742-89-7, 1187743-35-6).

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

[FR Doc. 2014-03733 Filed 2-20-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: November 10, 2005 (Volume 70, Number 217)]
[Notices]
[Page 68431-68432]
[DOCID:fr10no05-101]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-65-000]

Transcontinental Gas Pipe Line Corporation; Notice of Proposed
Changes in FERC Gas Tariff

November 3, 2005.
    Take notice that on October 31, 2005, Transcontinental Gas Pipe
Line Corporation (Transco) tendered for filing as part of its FERC Gas
Tariff, Third Revised Volume No. 1, Seventh Revised Sheet No. 278 and
Fourth Revised Sheet No. 374T, to become effective December 1, 2005.
    Any person desiring to intervene or to protest this filing 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). 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is 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

(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-6208 Filed 11-9-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Rules and Regulations]
[Pages 18440-18442]
[FR Doc No: 2023-04985]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 423

[EPA-HQ-OW-2009-0819; FRL-8794.1-02-OW]
RIN 2040-AG28

Effluent Limitations Guidelines and Standards for the Steam
Electric Power Generating Point Source Category--Initial Notification
Date Extension

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA or agency) is taking
direct final action to extend the date for existing coal-fired power
plants to submit a notice of planned participation (NOPP) for the
permanent cessation of coal combustion subcategory in the 2020 Steam
Electric Reconsideration Rule.

DATES: This rule is effective on May 30, 2023 without further notice,
unless EPA receives adverse comment by April 28, 2023. If EPA receives
adverse comment, the Agency will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2009-0819 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI and multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. All documents in the docket
are listed on the https://www.regulations.gov website. Although listed
in the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available electronically
through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Richard Benware, Engineering and
Analysis Division Office of Water (Mail Code 4303T), Environmental
Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460;
telephone number:<PHONE_NUMBER>; email address: [email protected].
Additional information is also available online at https://www.epa.gov/eg/2021-supplemental-steam-electric-rulemaking.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Why is EPA using a direct final rule?
II. Does this action apply to me?
III. What is the agency's authority for taking this action?
IV. Background
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews

I. Why is EPA using a direct final rule?

    EPA is taking direct final action because the agency views this as
a noncontroversial action and anticipates no adverse comment because
the rule extends the date for existing coal-fired power plants to
submit a NOPP in the 2020 rule's (85 FR 64650, October 13, 2020)
subcategory for electric generating units (EGUs) permanently ceasing
coal combustion by December 31, 2028, from October 13, 2021, to June
27, 2023. This direct final rule does not otherwise amend 40 CFR part
423 in any way. In the ``Proposed Rules'' section of this issue of the
Federal Register, however, EPA is publishing a separate document that
will serve as the proposed rulemaking to extend the initial
notification date if adverse comments are received on this direct final
rule. EPA will not institute a second comment period on this action.
Any parties interested in commenting must do so at this time. For
further information about commenting on this rule, see the ADDRESSES
section of this document.
    If EPA receives adverse comment on this direct final rule, it will
publish a timely withdrawal in the Federal Register informing the
public that this direct final rule will not take effect. EPA would
address all public comments in any subsequent final rule based on the
proposed rule.

II. Does this action apply to me?

    Entities potentially regulated by this action include:

----------------------------------------------------------------------------------------------------------------
                                                                                North American
                                                                                Industry
                   Category                              Example of regulated entity             Classification
                                                                                System (NAICS)
                                                                                code
----------------------------------------------------------------------------------------------------------------
Industry.....................................  Electric Power Generation Facilities--Electric              22111
                                                Power Generation.
                                               Electric Power Generation Facilities--Fossil               221112
                                                Fuel Electric Power Generation.
----------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table includes the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not included could also be regulated. To determine whether your entity
is regulated by this action, you should carefully examine the
applicability criteria found in 40 CFR 423.10 (Applicability). If you
have questions regarding the applicability of this action to a
particular entity, consult the person listed in the FOR FURTHER
INFORMATION CONTACT section of this preamble.

III. What is the agency's authority for taking this action?

    The authority for this rule is the Federal Water Pollution Control
Act, 33 U.S.C. 1251 et seq., including sections 101; 301; 304(b), (c),
(e), and (g); 306; 307; 308 and 501.

IV. Background

    EPA promulgated the Steam Electric Reconsideration Rule in 2020. In
the

2020 rule, EPA established a subcategory for EGUs permanently ceasing
coal combustion by December 31, 2028. For these EGUs, less stringent
total suspended solids limitations and standards were established for
discharges of pollutants found in flue gas desulfurization (FGD)
wastewater and bottom ash (BA) transport water. These limitations and
standards were based on the use of surface impoundments. In order to
participate in this subcategory, facilities had to submit a NOPP to
their permitting authority or control authority by October 13, 2021,
and subsequently submit annual progress reports on the steps taken to
achieve permanent cessation of coal combustion.\1\ After the October
13, 2021 NOPP date had passed, EPA learned in meetings with trade
associations and utilities that additional facilities wish to avail
themselves of the compliance pathway for EGUs seeking to retire or
convert to a non-coal fuel source by December 31, 2028, but were unable
to make that commitment by October 13, 2021.
---------------------------------------------------------------------------

    \1\ While it is also possible for facilities to use the transfer
provisions of 40 CFR 423.13(o) to transfer into this subcategory
from the voluntary incentives program or low utilization EGU
subcategory, EPA is only aware of six facilities which have elected
to participate in these programs.
---------------------------------------------------------------------------

V. What action is EPA taking?

    Based on the recent information submitted to EPA suggesting that
there are likely additional EGUs seeking to permanently cease coal
combustion by December 31, 2028, EPA is extending the NOPP date in 40
CFR 423.19(f) to June 27, 2023. This direct final rule does not change
any other dates for the reporting and recordkeeping requirements of
section 423.19, nor does it make any other changes to 40 CFR part 423.
    Elsewhere in this Federal Register issue, EPA is proposing certain
revisions to strengthen the steam electric effluent guidelines. That
document proposes that EPA would retain the subcategory for EGUs
permanently ceasing coal combustion by December 31, 2028. EPA is using
the same docket for this action as for the proposed rulemaking, and
thus the agency requests that any comments on this direct final action
be submitted separately from comments on the broader proposed
rulemaking and contain language that explicitly denotes they are
intended to be for this direct final action relating solely to the NOPP
date. Where it is not clear that the comment relates to the extension
of the NOPP date, EPA may consider it to be a comment on the broader
proposed rulemaking rather than this action. To the extent that a
comment explicitly indicates that it is being submitted on this direct
final rule, EPA will not consider items on any topic other than the
extension of the NOPP date for the permanent cessation of coal
combustion by 2028 subcategory. Any other comments will be considered
outside the scope of this action; if the comments are intended for the
companion proposal, they should be provided separately.

VI. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    Under Executive Order 12866 (58 FR 51735; October 4, 1993) and
Executive Order 13563 (76 FR 3821; January 21, 2011), this action is
not a ``significant regulatory action'' and is, therefore, not subject
to review by the Office of Management and Budget (OMB). Nevertheless,
since this is a companion action to a proposed rulemaking which is a
significant regulatory action, EPA has provided this action to OMB to
assist with review of the companion proposal.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. OMB has previously
approved the information collection activities contained in the
existing regulations and has assigned OMB control number 2040-0004.
This rule contains no new requirements for reporting and recordkeeping.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, EPA concludes that the impact of concern for
this rule is any significant adverse economic impact on small entities
and that the agency is certifying that this rule will not have a
significant economic impact on a substantial number of small entities
because the rule has no net burden on the small entities subject to the
rule. EPA is limiting its changes to the date that a facility may
submit an initial notification to the permitting or control authority.
The agency has therefore concluded that this action will have no net
regulatory burden for all directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
Unfunded Mandates Reform Act, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty on any state, local or tribal governments, or the
private sector.

E. Executive Order 13132: Federalism

    This action does not have significant federalism implications under
Executive Order 13132, entitled ``Federalism'' (64 FR 43255; August 10,
1999). It will not have substantial direct effects on the states, on
the relationship between the national government and the states, or on
the distribution of power and responsibilities among the various levels
of government.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not create new binding legal requirements that
substantially and directly affect Tribes under Executive Order 13175,
entitled ``Consultation and Coordination with Indian Tribal
Governments'' (65 FR 67249; November 9, 2000). This action does not
have significant federalism implications under Executive Order 13132,
entitled ``Federalism'' (64 FR 43255; August 10, 1999). It will not
have substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets Executive Order 13045, entitled ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), as applying only to those regulatory actions
that concern environmental health or safety risks that EPA has reason
to believe may disproportionately affect children, per the definition
of ``covered regulatory action'' in section 2-202 of the Executive
Order. This action is not subject to Executive Order 13045 because it
does not concern an environmental health risk or safety risk.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    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), because it
is not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This action does not involve technical standards; thus, the
requirements of Section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    EPA believes that this action is not subject to Executive Order
12898, entitled ``Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations'' (59 FR 7629; February
16, 1994), because it does not establish an environmental health or
safety standard. This regulatory action is a minor date change for
filing a notice contained in a previously promulgated regulatory action
and does not have any impact on human health or the environment.

K. Congressional Review Act (CRA)

    This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 423

    Environmental protection, Electric power generation, Power
facilities, Waste treatment and disposal, Water pollution control.

Michael S. Regan,
Administrator.

    For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 423 as follows:

PART 423--STEAM ELECTRIC POWER GENERATING POINT SOURCE CATEGORY

0
1. The authority citation for part 423 continues to read as follows:

    Authority: Secs. 101; 301; 304(b), (c), (e), and (g); 306; 307;
308 and 501, Clean Water Act (Federal Water Pollution Control Act
Amendments of 1972, as amended; 33 U.S.C. 1251; 1311; 1314(b), (c),
(e), and (g); 1316; 1317; 1318 and 1361).

0
2. Amend Sec.  423.19 by revising paragraph (f)(1) to read as follows:

Sec.  423.19  Reporting and recordkeeping requirements.

* * * * *
    (f) * * *
    (1) Notice of Planned Participation. For sources seeking to qualify
as an electric generating unit that will achieve permanent cessation of
coal combustion by December 31, 2028, under this part, a Notice of
Planned Participation shall be made to the permitting authority, or to
the control authority in the case of an indirect discharger, no later
than June 27, 2023.
* * * * *
[FR Doc. 2023-04985 Filed 3-28-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 79 (Thursday, April 24, 2014)]
[Notices]
[Pages 22814-22815]
[FR Doc No: 2014-09330]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of FERC Staff Attendance at the Entergy Regional State
Committee Meeting

    The Federal Energy Regulatory Commission (Commission) hereby gives
notice that members of its staff may attend the meeting noted below.
Their attendance is part of the Commission's ongoing outreach efforts.

Entergy Regional State Committee

April 25, 2014 (9:30 A.M.-1:30 P.M.)

    This meeting will be held at the Capital Hotel, 111 West Markham
Street, Little Rock, AR 72201.
    The discussions may address matters at issue in the following
proceedings:

Docket No. EL01-88: Louisiana Public Service Commission v. Entergy
Services, Inc.
Docket No. EL09-50: Louisiana Public Service Commission v. Entergy
Services, Inc.
Docket No. EL09-61: Louisiana Public Service Commission v. Entergy
Services, Inc.
Docket No. EL10-55: Louisiana Public Service Commission v. Entergy
Services, Inc.
Docket No. EL10-65: Louisiana Public Service Commission v. Entergy
Services, Inc.
Docket No. EL11-57: Louisiana Public Service Commission v. Entergy
Services, Inc., et al.
Docket No. EL11-34: Midwest Independent Transmission System Operator,
Inc. v. Southwest Power Pool, Inc.
Docket No. EL11-63: Louisiana Public Service Commission v. Entergy
Services, Inc.
Docket No. EL11-65: Louisiana Public Service Commission v. Entergy
Services, Inc.
Docket No. EL13-41: Occidental Chemical Company v. Midwest Independent
System Transmission Operator, Inc.
Docket No. EL13-43: Council of the City of New Orleans, Mississippi
Public Service Commission, Arkansas Public Service Commission, Public
Utility Commission of Texas, Louisiana Public Service Commission
Docket No. EL14-21: Southwest Power Pool, Inc. v. Midcontinent
Independent System Operator, Inc.
Docket No. EL11-30: Midcontinent Independent System Operator, Inc. v.
Southwest Power Pool, Inc.
Docket No. ER05-1065: Entergy Services, Inc.
Docket No. ER07-682 Entergy Services, Inc.
Docket No. ER07-956: Entergy Services, Inc.
Docket No. ER08-1056: Entergy Services, Inc.
Docket No. ER09-1224: Entergy Services, Inc.
Docket No. ER10-794: Entergy Services, Inc.
Docket No. ER10-1350: Entergy Services, Inc.
Docket No. ER10-2001: Entergy Arkansas, Inc.
Docket No. ER10-3357: Entergy Arkansas, Inc.
Docket No. ER11-2161: Entergy Texas, Inc.
Docket No. ER12-480: Midwest Independent Transmission System Operator,
Inc.
Docket No. ER12-1384: Entergy Arkansas, Inc.
Docket No. ER12-1385: Entergy Gulf States Louisiana, L.L.C.
Docket No. ER12-1386: Entergy Louisiana, LLC
Docket No. ER12-1387: Entergy Mississippi, Inc.
Docket No. ER12-1388: Entergy New Orleans, Inc.
Docket No. ER12-1390: Entergy Texas, Inc.
Docket No. ER12-1428: Entergy Arkansas, Inc.
Docket No. ER13-432: Entergy Services, Inc.
Docket No. ER13-769: Entergy Arkansas, Inc. and Entergy Mississippi,
Inc.
Docket No. ER13-770: Entergy Arkansas, Inc. and Entergy Louisiana, LLC.

Docket No. ER13-868: Midwest Independent Transmission System Operator,
Inc.
Docket No. ER13-948: Entergy Services, Inc.
Docket No. ER13-1194: Entergy Services, Inc.
Docket No. ER13-1195: Entergy Services, Inc.
Docket No. ER13-1508: Entergy Arkansas, Inc.
Docket No. ER13-1509 Entergy Gulf States Louisiana, L.L.C.
Docket No. ER13-1510: Entergy Louisiana, LLC
Docket No. ER13-1511: Entergy Mississippi, Inc.
Docket No. ER13-1512: Entergy New Orleans, Inc.
Docket No. ER13-1513: Entergy Texas, Inc.
Docket No. ER13-1556: Entergy Services, Inc.
Docket No. ER13-1623: Entergy Services, Inc.
Docket No. EL14-19: Midcontinent Independent System Operator and
Entergy Services, Inc.
Docket No. ER14-73: Entergy Services, Inc.
Docket No. ER14-75: Entergy Arkansas, Inc.
Docket No. ER14-76: Entergy Gulf States Louisiana, L.L.C.
Docket No. ER14-77: Entergy Louisiana, LLC
Docket No. ER14-78: Entergy Mississippi, Inc.
Docket No. ER14-79: Entergy New Orleans, Inc.
Docket No. ER14-80: Entergy Texas, Inc.
Docket No. ER14-89: Entergy Arkansas, Inc.
Docket No. ER14-98: Midcontinent Independent System Operator and
Entergy Services, Inc.
    Entergy Services, Inc.
Docket No. ER14-107: Midcontinent Independent System Operator
Docket No. ER14-108: Entergy Services, Inc.
Docket No. ER14-128: Entergy Texas, Inc.
Docket No. ER14-134: Entergy Arkansas, Inc.
Docket No. ER14-148: Midcontinent Independent System Operator
Docket No. ER14-1174: Southwest Power Pool, Inc.

    These meetings are open to the public.
    For more information, contact Patrick Clarey, Office of Energy
Market Regulation, Federal Energy Regulatory Commission at (317) 249-
5937 or<EMAIL_ADDRESS>
    Dated: April 17, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-09330 Filed 4-23-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Notices]
[Pages 55485-55487]
[FR Doc No: 2023-17443]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98095; File No. SR-SCCP-2023-01]

Self-Regulatory Organizations; Stock Clearing Corporation of
Philadelphia; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Regarding a Stockholders' Agreement by and Among Nasdaq,
Inc., Adenza Parent, LP, and the Other Parties Thereto

August 9, 2023.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 28, 2023, Stock Clearing Corporation of Philadelphia (``SCCP'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by SCCP. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
---------------------------------------------------------------------------

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

I. Clearing Agency's Statement of the Terms of the Proposed Rule Change

    SCCP is filing a proposed rule change regarding a stockholders'
agreement by and among the Exchange's parent corporation, Nasdaq, Inc.
(``Nasdaq''), Adenza Parent, LP, a Delaware limited partnership
(``Seller''), and the other parties thereto (``Stockholders'
Agreement''). The Stockholders' Agreement will be implemented upon
closing under the Merger Agreement (as defined below).
    The text of the proposed rule change is available on the SCCP's
website at https://listingcenter.nasdaq.com/rulebook/sccp/rules, at the
principal office of SCCP, and at the Commission's Public Reference
Room.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, SCCP 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. SCCP has prepared summaries, set forth in Sections A, B,
and C below, of the most significant aspects of such statements.

A. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

1. Purpose
    On June 10, 2023, Nasdaq entered into an Agreement and Plan of
Merger (the ``Merger Agreement'') by and among Nasdaq, Argus Merger Sub
1, Inc., a Delaware corporation and a direct wholly owned subsidiary of
Nasdaq, Argus Merger Sub 2, LLC, a Delaware limited liability company
and a direct wholly owned subsidiary of Nasdaq, Adenza Holdings, Inc.,
a Delaware corporation (``Adenza''), and Seller. Pursuant to the Merger
Agreement, and upon the terms and subject to the conditions therein,
Nasdaq will acquire 100% of the stock of Adenza (the ``Transaction'').
As a result of the Transaction, Seller is expected to hold, at closing,
approximately 15% of the outstanding Nasdaq common stock based upon the
outstanding shares of Nasdaq common stock as of June 9, 2023.\3\ The
shares to be held by Seller will be subject to Article Fourth of
Nasdaq's Amended and Restated Certificate of Incorporation, which
provides that no person who beneficially owns shares of common stock or
preferred stock of Nasdaq in excess of 5% of the then-outstanding
securities generally entitled to vote may vote the shares in excess of
5%. This limitation mitigates the potential for any Nasdaq shareholder
to exercise undue control over the operations of Nasdaq's self-
regulatory subsidiaries (including SCCP), and facilitates the self-
regulatory subsidiaries' and the Commission's ability to carry out
their regulatory obligations under the Act.
---------------------------------------------------------------------------

    \3\ A copy of the Merger Agreement and a description of its
terms were filed by Nasdaq on Form 8-K on June 12, 2023 and are
available at: https://www.sec.gov/ix?doc=/Archives/edgar/data/0001120193/000119312523164839/d476077d8k.htm.
---------------------------------------------------------------------------

    Adenza and Seller are affiliates of certain funds managed by Thoma
Bravo, L.P., a Delaware limited partnership (``Thoma Bravo'').\4\ The
Merger Agreement contemplates that, at the closing, Nasdaq, Seller and
Thoma Bravo will enter into the Stockholders' Agreement. The
Stockholders' Agreement provides that, among other things, Thoma Bravo
will be entitled to propose one individual reasonably acceptable to
Nasdaq's Nominating & Governance Committee for nomination as director
for election to the Nasdaq Board (``Board Designee''), and such right
will exist for so long as Thoma Bravo, together with its controlled
affiliates (including Seller), continue to beneficially own at least
10% of the shares of Nasdaq common stock outstanding as of the closing
date. Nasdaq will: (i) include the Board Designee as a nominee to the
Nasdaq Board on each slate of nominees for election to the Nasdaq Board
proposed by management of Nasdaq, (ii) recommend the election of the
Board Designee to the stockholders of Nasdaq and (iii) without limiting
the foregoing, otherwise use its reasonable best efforts (which shall
include the solicitation of proxies) to cause the Board Designee to be
elected to the Nasdaq Board.
---------------------------------------------------------------------------

    \4\ Seller owns all of the issued and outstanding capital stock
of Adenza. Both Seller and Adenza are owned by Thoma Bravo.
---------------------------------------------------------------------------

    The Stockholders' Agreement relates solely to the Nasdaq Board, and
not to the boards of any of its subsidiaries, including the SCCP Board.
Nevertheless, the provisions of the Stockholders' Agreement described
above could be considered a proposed rule change of a subsidiary that
is a self-regulatory organization (``SRO''), if the provisions were
viewed as potentially impacting the governance of an SRO in its
capacity as wholly-owned subsidiary of Nasdaq. Accordingly, the
governing boards of directors of SCCP and its affiliated SROs have each
reviewed the proposed change and determined that it should be filed
with the Commission.\5\
---------------------------------------------------------------------------

    \5\ SCCP, Nasdaq BX, Inc. (``BX''), Nasdaq GEMX, LLC (``GEMX''),
Nasdaq ISE, LLC (``ISE''), Nasdaq MRX, LLC (``MRX''), The Nasdaq
Stock Market LLC (``NSM''), Nasdaq PHLX LLC (``Phlx''), and Boston
Stock Exchange Clearing Corporation (``BSECC'') are each submitting
this filing pursuant to section 19(b)(3)(A) of the Act, 15 U.S.C.
78s(b)(3)(A)(iii).

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

    It is expected that the Board Designee, like the other directors of
the Nasdaq Board, would be nominated by the Nominating & Governance
Committee, the composition of which is subject to the independence
requirements of the Nasdaq By-Laws and NSM Rule 5605.\6\ The Board
Designee must then be elected by the stockholders of Nasdaq, like the
other directors of the Nasdaq Board. The Nasdaq Board is currently
composed of 11 directors and is expected to increase to 12 directors
upon the closing of the Transaction. Thus, the Board Designee would
represent a small percentage (approximately 8.3%) of the Nasdaq Board.
---------------------------------------------------------------------------

    \6\ Section 4.13 of the Nasdaq By-Laws provide that the
Nominating & Governance Committee shall be appointed annually by the
Nasdaq Board and shall consist of two or more directors, each of
whom shall be an independent director within the meaning of the
rules of NSM. The number of Non-Industry Directors (i.e., directors
without material ties to the securities industry) on the Nominating
& Governance Committee shall equal or exceed the number of Industry
Directors and at least two members of the committee shall be Public
Directors (i.e., directors who have no material business
relationship with a broker or dealer, Nasdaq or its affiliates, or
FINRA). NSM Rule 5605, which governs Nasdaq as a company whose
securities are listed on NSM, requires Nominating & Governance
Committee members to satisfy the definition of ``independence'' in
NSM Rule 5605 and IM-5605 and to otherwise be deemed independent by
the Nasdaq Board.
---------------------------------------------------------------------------

2. Statutory Basis
    SCCP believes that its proposal is consistent with section
17A(b)(3)(A) of the Act,\7\ in that it enables SCCP to be so organized
as to have the capacity to be able to facilitate the prompt and
accurate clearance and settlement of securities transactions and
derivative agreements, contracts, and transactions for which it is
responsible, to safeguard securities and funds in its custody or
control or for which it is responsible, to comply with the provisions
of the Exchange Act and the rules and regulations thereunder, to
enforce compliance by its participants with the rules of SCCP, and to
carry out the purposes of the Exchange Act.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78q-1(b)(3)(A).
---------------------------------------------------------------------------

    The proposal related to the Stockholders' Agreement would not
impact SCCP's ability to be so organized as to have the capacity to be
able to carry out the purposes of the Exchange Act. In particular, the
proposed changes would not alter the limitations on voting and
ownership set forth in Article Fourth of Nasdaq's Amended and Restated
Certificate of Incorporation, and so the proposed changes would not
enable a person to exercise undue control over the operations of
Nasdaq's self-regulatory subsidiaries or to restrict the ability of the
Commission or SCCP to effectively carry out their regulatory oversight
responsibilities under the Act. Further, as discussed above, it is
expected that the Board Designee, like the other directors of the
Nasdaq Board, would be nominated by the Nominating & Governance
Committee, whose members are subject to the independence requirements
of the Nasdaq By-Laws and NSM Rule 5605. Further, the Board Designee
must then be elected by the stockholders of Nasdaq, like the other
directors of the Nasdaq Board. The Nasdaq Board is currently composed
of 11 directors and is expected to increase to 12 directors upon the
closing of the Transaction. Thus, the Board Designee would represent a
small percentage (approximately 8.3%) of the Nasdaq Board.
    SCCP also notes that the proposed rule change is substantially
similar to prior proposals by SCCP or its affiliated SROs related to
Nasdaq stockholders' agreements that gave similar rights to recommend
Nasdaq Board designees.\8\ As such, SCCP does not believe that its
proposal raises any new or novel issues not already considered by the
Commission.
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 57099 (January 4,
2008), 73 FR 1901 (January 10, 2008) (SR-NASDAQ-2008-002) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating
to Nasdaq Stockholders' Agreement Between the Nasdaq Stock Market,
Inc. and Borse Dubai Limited). See also Securities Exchange Act
Release No. 63830 (February 3, 2011), 76 FR 7236 (February 9, 2011)
(SR-BSECC-2011-001; SR-SCCP-2011-001) (Notice of Filing and
Immediate Effectiveness of Proposed Rule Changes Relating to a
Stockholders' Agreement Between the NASDAQ OMX Group, Inc. and
Investor AB).
---------------------------------------------------------------------------

B. Clearing Agency's Statement on Burden on Competition

    Because the proposed rule change is related solely to Thoma Bravo's
right to nominate the Board Designee to the Nasdaq Board pursuant to
the Stockholders' Agreement and not to the operations of SCCP, SCCP
does not believe that the proposed rule change will impose any burden
on competition not necessary or appropriate in furtherance of the
purposes of the Act.

C. Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants, or Others

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (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)(iii) of the Act \9\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
SCCP has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \11\ of the Act
normally does not become operative prior to 30 days after the date of
filing. However, Rule 19b-4(f)(6)(iii) \12\ permits the Commission to
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 contained in Rule
19b-4(f)(6)(iii).\13\ The Commission believes that waiver of the 30-day
operative delay is consistent with the protection of investors and the
public interest as the proposal raises no new or novel issues.
Accordingly, the Commission hereby waives the 30-day operative delay
and designates the proposal operative upon filing.\14\
---------------------------------------------------------------------------

    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ 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 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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-SCCP-2023-01 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-SCCP-2023-01. 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 (https://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
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-SCCP-2023-01 and should be
submitted on or before September 4, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-17443 Filed 8-14-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 1, 2010 (Volume 75, Number 20)]
[Notices]
[Page 5167-5168]
[DOCID:fr01fe10-124]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Office of Hazardous Materials Safety; Notice of Delays In
Processing of Special Permits Applications

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

ACTION: List of Applications Delayed more than 180 days.

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

SUMMARY: In accordance with the requirements of 49 U.S.C. 5 117(c),
PHMSA is publishing the following list of special permit applications
that have been in process for 180 days or more. The reason(s) for delay
and the expected completion date for action on each application is
provided in association with each identified application.

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

Key to ``Reason for Delay''

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

Meaning of Application Number Suffixes

N--New application.
M--Modification request.
PM--Party to application with modification request.

    Issued in Washington, DC, on January 21, 2010.
Delmer F. Billings,
Director, Office of Hazardous Materials, Special Permits and Approvals.

                                         Modification to Special Permits
----------------------------------------------------------------------------------------------------------------
                                                                                Reason for    Estimated date
              Application No.                             Applicant                    delay       of completion
----------------------------------------------------------------------------------------------------------------
13736-M....................................  ConocoPhillips Anchorage, AK.......               4      03-31-2010
14466-M....................................  Alaska Pacific Powder Company                     4      03-31-2010
                                              Anchorage, AK.
11156-M....................................  Alaska Pacific Powder Company                     4      03-31-2010
                                              Anchorage, AK.
10945-M....................................  Structural Composites Industries,                 4      03-31-2010
                                              LLC Pomona, CA.
12629-M....................................  TEA Technologies, Inc. Amarillo, TX               1      03-31-2010
14167-M....................................  Trinityrail Dallas, TX.............               4      03-31-2010
14810-N....................................  Olin Corporation, Chlor Alkai                     4      03-31-2010
                                              Products Division Cleveland, TN.
14813-N....................................  Organ Recovery Systems Des Plaines,               4      03-31-2010
                                              IL.
14831-N....................................  Gasitech Industries--Gas--                        1      03-31-2010
                                              Handelsgesellschaft mbH.
14832-N....................................  Trinity Industries, Inc. Dallas, TX               4      03-31-2010
14835-N....................................  The Reusable Industrial Packaging                 4      03-31-2010
                                              Association Washington, DC.
14845-N....................................  Progress Rail Services Albertville,               4      03-31-2010
                                              AL.
14839-N....................................  Matheson Tn-Gas, Inc. Basking                     4      03-31-2010
                                              Ridge, NJ.
14864-N....................................  Balchem Corporation New Hampton, NY               4      03-31-2010

14865-N....................................  Alaska Railroad Corporation                       4      03-31-2010
                                              Anchorage, AK.
14851-N....................................  Alaska Air Group, Inc. Seattle, WA.               4      03-31-2010
14849-N....................................  Rechargeable Battery Recycling                    4      03-31-2010
                                              Corporation Atlanta, GA.
14868-N....................................  Wal-Mart Stores, Inc. Bentonville,                4      03-31-2010
                                              AR.
14861-N....................................  Gliko Aviation Inc. Belt, MT.......               4      03-31-2010
14862-N....................................  U.S. Custom Harvesters, Inc.                      4      01-31-2010
                                              Hutchinson, KS.
14859-N....................................  Minuteman Aviation Inc. (MAI)                     4      03-31-2010
                                              Missoula, MT.
14878-N....................................  Humboldt County Waste Management                  4      03-31-2010
                                              Authority Eureka, CA.
14872-N....................................  Arkema, Inc. Philadelphia, PA......               4      03-31-2010
14875-N....................................  Canton Railroad Company Baltimore,                4      03-31-2010
                                              MD.
14883-N....................................  Structural Composites Industries                  4      03-31-2010
                                              (SCI) Pomona, CA.
14885-N....................................  Kinsbursky Brothers Supply, Inc....               4      03-31-2010
14890-N....................................  Liquid Transport Corp.                            4      03-31-2010
                                              Indianapolis, IN.
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[FR Doc. 2010-1738 Filed 1-29-10; 8:45 am]
BILLING CODE 4910-60-M