[Federal Register: November 7, 2007 (Volume 72, Number 215)]
[Notices]
[Page 62848-62850]
[DOCID:fr07no07-46]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-1011; FRL-8155-7]

Denatonium Benzoate; Notice of Receipt of Request to Voluntarily
Cancel a Pesticide Registration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a
notice of receipt of a request by the registrant to voluntarily cancel
its registration of a product containing the pesticide denatonium
benzoate. The request would terminate denatonium benzoate use in or on
conifers and deciduous, non-bearing trees, shrubs, flowers, and other
ornamental plants. The request would terminate the last pesticide
product registered for use in the United States containing denatonium
benzoate as an active ingredient. EPA intends to grant this request at
the close of the comment period for this announcement unless the Agency
receives substantive comments within the comment period that would
merit its further review of the request, or unless the registrant
withdraws their request within this period. Upon acceptance of this
request, any sale, distribution, or use of the product listed in this
notice will be permitted only if such sale, distribution, or use is
consistent with the terms as described in the final order.

DATES: Comments must be received on or before December 7, 2007.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-1011, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-1011. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket

Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
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 either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the OPP

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Andrea Carone, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions

regarding the applicability of this action to a particular entity,
consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

     1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
     ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background on the Receipt of Request to Cancel

    This notice announces receipt by EPA of a request from the
registrant Becker Underwood to cancel one denatonium benzoate product
registration. Becker Underwood's product, Tree Guard, is used to repel
deer from feeding on conifers and deciduous, non-bearing trees, shrubs,
flowers and other ornamental plants. In a letter dated October 16,
2007, Becker Underwood requested EPA to cancel the registration for its
product Tree Guard, EPA Reg. No. 66676-1. The terms of the cancellation
include the following:
    1. Beginning with the 2007 calendar year, Becker Underwood shall
limit the total amount of Tree Guard that it distributes or sells in
the United States in any given calendar year to 300 pounds of the
active ingredient denatonium benzoate;
    2. The voluntary cancellation of all uses of Tree Guard will be
effective December 1, 2009. The registrant's request will terminate the
last pesticide product registered in the United States containing
denatonium benzoate as an active ingredient.

III. What Action is the Agency Taking?

    This notice announces receipt by EPA of a request from Becker
Underwood to cancel their denatonium benzoate product registration. The
affected product and the registrant making the request are identified
in Tables 1 and 2 of this unit.
    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that their pesticide registrations be canceled or amended to
terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA
requires that before acting on a request for voluntary cancellation,
EPA must provide a 30-day public comment period on the request for
voluntary cancellation or use termination. In addition, section
6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period
on a request for voluntary cancellation or termination of any minor
agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The Administrator determines that continued use of the pesticide
would pose an unreasonable adverse effect on the environment.
    The denatonium benzoate registrant has requested that EPA waive the
180-day comment period. EPA will provide a 30-day comment period on the
proposed requests.
    Unless a request is withdrawn by the registrant within 30 days of
publication of this notice, or if the Agency determines that there are
substantive comments that warrant further review of this request, an
order will be issued canceling the affected registrations.

    Table 1.--Denatonium Benzoate Product Registration with a Pending
                        Request for Cancellation
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       Registration Number           Product Name           Company
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66676-1                           Tree Guard          Becker Underwood
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    Table 2 of this unit includes the name and address of record for
the registrant of the product listed in Table 1 of this unit.

         Table 2.--Registrant Requesting Voluntary Cancellation
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            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
66676                                       Becker Underwood, Inc.
                                            801 Dayton Avenue
                                             Ames, IA 50010
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IV. What is the Agency's Authority for Taking this Action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any such request in the Federal Register. Thereafter,
following the public comment period, the Administrator may approve such
a request.

V. Procedures for Withdrawal of Request and Considerations for
Reregistration of denatonium benzoate

    A registrant who chooses to withdraw a request for cancellation
must submit such withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT, postmarked before December 7, 2007. This
written withdrawal of the request for cancellation will apply only to
the applicable FIFRA section 6(f)(1) request listed in this notice. If
the product has been subject to a previous cancellation action, the
effective date of cancellation and all other provisions of any earlier
cancellation action are controlling.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of once-registered pesticide
products which are currently in the United States and which were
packaged, labeled, and released for shipment prior to the effective
date of the cancellation action.
    In any order issued in response to this request for amendment to
terminate

products, the Agency proposes to include the following provisions for
the treatment of any existing stocks of the products identified or
referenced in Table 1 in Unit III. For EPA Registration No. 66676-1,
sale by the registrant of existing stocks will be allowed for a period
of 24 months, starting from the effective voluntary cancellation date,
December 1, 2009.
    If the request for voluntary cancellation is granted as discussed
in this unit, the Agency intends to issue a cancellation order that
will allow persons other than the registrant to continue to sell and/or
use existing stocks of cancelled products until such stocks are
exhausted, provided that such use is consistent with the terms of the
previously approved labeling on, or that accompanied, the cancelled
product. The order will specifically prohibit any use of existing
stocks that is not consistent with such previously approved labeling.
If, as the Agency currently intends, the final cancellation order
contains the existing stocks provision just described, the order will
be sent only to the affected registrants of the cancelled products. If
the Agency determines that the final cancellation order should contain
existing stocks provisions different than the ones just described, the
Agency will publish the cancellation order in the Federal Register.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: October 31, 2007.
Steven Bradbury,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.

[FR Doc. 07-5527 Filed 11-6-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 82, Number 114 (Thursday, June 15, 2017)]
[Rules and Regulations]
[Pages 27404-27406]
[FR Doc No: 2017-12381]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2017-0579; Special Conditions No. 25-688-SC]

Special Conditions: Peregrine, Textron Model 650 and Beechcraft
Model BAe.125 Series 800A Airplanes; Rechargeable Lithium Batteries and
Battery Systems

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Textron Model 650
and Beechcraft Model BAe.125 Series 800A (Model 800A) airplanes as
modified by Peregrine. These airplanes will have a novel or unusual
design feature when compared to the state of technology envisioned in
the airworthiness standards for transport-category airplanes. This
design feature is rechargeable lithium batteries and battery systems
installed in the airplanes. The applicable airworthiness regulations do
not contain adequate or appropriate safety standards for this design
feature. These special conditions contain the additional safety
standards that the Administrator considers necessary to establish a
level of safety equivalent to that established by the existing
airworthiness standards.

DATES: This action is effective on Peregrine on June 15, 2017. Send
your comments by July 31, 2017.

ADDRESSES: Send comments identified by docket number FAA-2017-0579
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without change
to http://www.regulations.gov/, including any personal information the
commenter provides. Using the search function of the docket Web site,
anyone can find and read the electronic form of all comments received
into any FAA docket, including the name of the individual sending the
comment (or signing the comment for an association, business, labor
union, etc.). DOT's complete Privacy Act Statement can be found in the
Federal Register published on April 11, 2000 (65 FR 19477-19478).
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Nazih Khaouly, FAA, Airplane and
Flightcrew Interface Branch, ANM-111, Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and
opportunity for prior public comment on, these special conditions is
impracticable because these procedures would significantly delay
issuance of the design approval and thus delivery of the affected
airplanes.
    In addition, the substance of these special conditions has been
published in the Federal Register for public comment in several prior
instances with no substantive comments received. The FAA therefore
finds it unnecessary to delay the effective date, and finds good cause
for making these special conditions effective upon publication in the
Federal Register.

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any

recommended change, and include supporting data.
    We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.

Background

    On June 17, 2015, Peregrine applied for a supplemental type
certificate to replace the original standby altimeter installed on the
left side of the pilot's instrument panel in Textron Model 650 and
Beechcraft Model 800A airplanes. These modifications include
rechargeable lithium batteries and battery systems installed in the
Textron and Beechcraft airplanes.
    The Textron Model 650 and the Beechcraft Model 800A airplanes are
small transport-category airplanes, each powered by two turbine
engines.
    The Textron Model 650 airplane has a maximum takeoff weight of
23,000 pounds, with seating for 2 crewmembers and 13 passengers.
    The Beechcraft Model 800A airplane has a maximum takeoff weight of
31,000 pounds (modification no. 253379A), or 26,866 pounds
(modification no. 25B047), with seating for 2 crewmembers and 15
passengers.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14
CFR) 21.101, Peregrine must show that the Textron Model 650 and
Beechcraft Model 800A airplanes, as changed, continue to meet the
applicable provisions of the regulations listed in Type Certificate
nos. A9NM and A3EU, respectively, or the applicable regulations in
effect on the date of application for the change, except for earlier
amendments as agreed upon by the FAA.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for these airplanes, as modified by
Peregrine, because of a novel or unusual design feature, special
conditions are prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the models for which
they are issued. Should the applicant apply for a supplemental type
certificate to modify any other models included on the same type
certificates to incorporate the same novel or unusual design feature,
these special conditions would also apply to the other models under
Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Textron Model 650 and Beechcraft Model 800A airplanes,
as modified by Peregrine, must comply with the fuel-vent and exhaust-
emission requirements of 14 CFR part 34, and the noise-certification
requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Textron Model 650 and Beechcraft Model 800A airplanes, as
modified by Peregrine, will incorporate the following novel or unusual
design feature:
    Installed rechargeable lithium batteries and battery systems.
    A battery system consists of the battery, battery charger, and any
protective, monitoring, and alerting circuitry or hardware inside or
outside of the battery. It also includes vents (where necessary) and
packaging. For the purpose of these special conditions, a battery and
battery system are referred to as a battery.

Discussion

    Rechargeable lithium-ion batteries and battery systems are
considered to be a novel or unusual design feature in transport-
category airplanes, with respect to the requirements in Sec.  25.1353.
This type of battery has certain failure, operational, and maintenance
characteristics that differ significantly from those of the nickel-
cadmium and lead-acid rechargeable batteries currently approved for
installation on transport-category airplanes. These batteries introduce
higher energy levels into airplane systems through new chemical
compositions in various battery-cell sizes and construction.
Interconnection of these cells in battery packs introduces failure
modes that require unique design considerations, such as provisions for
thermal management.
    Special Condition 1 requires that each individual cell within a
battery be designed to maintain safe temperatures and pressures.
Special Condition 2 addresses these same issues but for the entire
battery. Special Condition 2 requires the battery be designed to
prevent propagation of a thermal event, such as self-sustained,
uncontrolled increases in temperature or pressure from one cell to
adjacent cells.
    Special Conditions 1 and 2 are intended to ensure that the cells
and battery are designed to eliminate the potential for uncontrollable
failures. However, a certain number of failures will occur due to
various factors beyond the control of the designer. Therefore, other
special conditions are intended to protect the airplane and its
occupants if failure occurs.
    Special Conditions 3, 9, and 10 are self-explanatory.
    Special Condition 4 clarifies that the flammable-fluid fire-
protection requirements of Sec.  25.863 apply to rechargeable lithium
battery installations. Section 25.863 is applicable to areas of the
airplane that could be exposed to flammable fluid leakage from airplane
systems. Rechargeable lithium batteries contain electrolyte that is a
flammable fluid.
    Special Condition 5 requires each rechargeable lithium battery
installation to not damage surrounding structure or adjacent systems,
equipment, or electrical wiring from corrosive fluids or gases that may
escape in such a way as to cause a major or more severe failure
condition. Special Condition 6 requires each rechargeable lithium
battery installation to have provisions to prevent any hazardous effect
on airplane structure or systems caused by the maximum amount of heat
it can generate due to any failure of it or its individual cells. The
means of meeting special conditions 5 and 6 may be the same, but they
are independent requirements addressing different hazards. Special
Condition 5 addresses corrosive fluids and gases, whereas Special
Condition 6 addresses heat.
    Special Conditions 7 and 8 require rechargeable lithium batteries
to have ``automatic'' means, for charge rate and disconnect, due to the
fast acting nature of lithium battery chemical reactions. Manual
intervention would not be timely or effective in mitigating the hazards
associated with these batteries.
    These conditions apply to all rechargeable lithium battery
installations in lieu of Sec.  25.1353(c)(1) through (c)(4) at
Amendment 25-0 (Model 650) and Amendment 25-42 (Model 800A). Section
25.1353(c)(1) through (c)(4) will remain in effect for other battery
installations on these airplanes.
    These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

Applicability

    As discussed above, these special conditions are applicable to the
Textron Model 650 and Beechcraft Model 800A airplanes as modified by
Peregrine. Should Peregrine apply at a later date for a supplemental
type certificate to modify any other model included on

Type Certificate nos. A9NM and A3EU, respectively, to incorporate the
same novel or unusual design feature, these special conditions would
apply to those models as well.

Conclusion

    This action affects only a certain novel or unusual design feature
on two model series of airplanes. It is not a rule of general
applicability and affects only the applicant who applied to the FAA for
approval of these features on the airplanes.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Textron Model 650 and Beechcraft Model
800A airplanes as modified by Peregrine.
    Each rechargeable lithium battery installation must:
    1. Be designed so that safe cell temperatures and pressures are
maintained under all foreseeable operating conditions to prevent fire
and explosion.
    2. Be designed to prevent the occurrence of self-sustaining,
uncontrolled increases in temperature or pressure.
    3. Not emit explosive or toxic gases in normal operation, or as a
result of its failure, that may accumulate in hazardous quantities
within the airplane.
    4. Meet the requirements of 14 CFR 25.863.
    5. Not damage surrounding structure or adjacent systems, equipment,
or electrical wiring from corrosive fluids or gases that may escape in
such a way as to cause a major or more-severe failure condition.
    6. Have provisions to prevent any hazardous effect on airplane
structure or systems caused by the maximum amount of heat the battery
installation can generate due to any failure of it or its individual
cells.
    7. Be capable of automatically controlling the charge rate of each
cell to prevent cell imbalance, back-charging, overcharging,
overheating, and uncontrollable temperature and pressure.
    8. Have a means to be automatically disconnected from its charging
source in the event of an over-temperature condition, cell failure, or
battery failure.
    9. Have a failure sensing and warning system to alert the
flightcrew if its failure affects safe operation of the airplane.
    10. If its function is required for safe operation of the airplane,
have a monitoring and warning feature that alerts the flightcrew when
its charge state falls below acceptable levels.

    Note 1:  A battery system consists of the battery, battery
charger, and any protective, monitoring, and alerting circuitry or
hardware inside or outside of the battery. It also includes vents
(where necessary) and packaging. For the purpose of these special
conditions, a battery and battery system are referred to as a
battery.

    Note 2:  These special conditions apply to all rechargeable
lithium-battery installations in lieu of Sec.  25.1353(c)(1) through
(c)(4) at Amendment 25-0 (Model 650) and Amendment 25-42 (Model
800A).

    Issued in Renton, Washington, on June 9, 2017.
Michael Kaszycki,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. 2017-12381 Filed 6-14-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 185 (Wednesday, September 24, 2014)]
[Notices]
[Page 57074]
[FR Doc No: 2014-22645]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD14-18-000]

Joint Technical Conference on New York Markets & Infrastructure;
Notice of Joint Technical Conference

    Take notice that the Federal Energy Regulatory Commission
(Commission), jointly with New York Public Service Commission, will
hold a Commissioner-led technical conference on New York markets and
infrastructure. The technical conference will take place on November 5,
2014 from approximately 9:30 a.m. to approximately 5:00 p.m. The
conference will be held in the New York Institute of Technology
Auditorium located at 1871 Broadway, between 61st and 62nd Streets, New
York, NY 10023.
    The purpose of the technical conference is to discuss issues of
mutual interest and concern regarding the installed capacity market and
energy infrastructure in New York. Specifically, this technical
conference will provide an opportunity to review the role of New York's
centralized capacity market in attracting investment and ensuring
resource adequacy and reliability.
    A supplemental notice will be issued prior to the technical
conference with further details regarding the agenda and organization
of the technical conference. Those interested in attending the
technical conference are encouraged to register at the following Web
page: https://www.ferc.gov/whats-new/registration/11-05-14-form.asp.
    FERC conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an email to<EMAIL_ADDRESS>or call toll free (866) 208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER>
with the requested accommodations.
    For more information about the technical conference, please
contact:

Kathleen Schnorf (Technical Information), Office of Energy Market
Regulation, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>Betty Watson (Technical Information), Office of Energy Policy and
Innovation, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>Kate Hoke (Legal Information), Office of General Counsel, Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426,<PHONE_NUMBER><EMAIL_ADDRESS>Sarah McKinley (Logistical Information), Office of External Affairs,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>
    Dated: September 17, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-22645 Filed 9-23-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 23 (Tuesday, February 4, 2020)]
[Notices]
[Pages 6166-6169]
[FR Doc No: 2020-02040]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2018-0014; FRL-10004-11]

Notice of Receipt of Requests To Voluntarily Cancel Certain
Pesticide Registrations and Amend Registrations To Terminate Certain
Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests
by the registrants to voluntarily cancel certain pesticide product
registrations and to amend certain product registrations to terminate
uses. EPA intends to grant these requests at the close of the comment
period for this announcement unless the Agency receives substantive
comments within the comment period that would merit its further review
of the requests, or unless the registrants withdraw their requests. If
these requests are granted, any sale, distribution, or use of products
listed in this notice will be permitted after the registrations have
been cancelled and uses terminated only if such sale, distribution, or
use is consistent with the terms as described in the final order.

DATES: Comments must be received on or before August 3, 2020.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2018-0014, 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 Confidential Business
Information (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.
    Submit written withdrawal request by mail to: Information
Technology and Resources Management Division (7502P), Office of
Pesticide Programs, Environmental Protection Agency, 1200

Pennsylvania Ave. NW, Washington, DC 20460-0001. ATTN: Christopher
Green.
    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.

FOR FURTHER INFORMATION CONTACT: Christopher Green, Information
Technology and Resources Management Division (7502P), 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?

    This action is directed to the public in general and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. What action is the Agency taking?

    This notice announces receipt by EPA of requests from registrants
to cancel certain pesticide products and amend product registrations to
terminate certain uses registered under FIFRA section 3 (7 U.S.C. 136a)
or 24(c) (7 U.S.C. 136v(c)). The affected products and the registrants
making the requests are identified in Tables 1-3 of this unit.
    Unless a request is withdrawn by the registrant or if the Agency
determines that there are substantive comments that warrant further
review of this request, EPA intends to issue an order in the Federal
Register canceling and amending the affected registrations.

                                          Table 1--Product Registrations With Pending Requests for Cancellation
--------------------------------------------------------------------------------------------------------------------------------------------------------
            Registration No.                Company No.             Product name                                 Active ingredients
--------------------------------------------------------------------------------------------------------------------------------------------------------
1007-99.................................            1007  Nolvasan Solution..............  Chlorhexidine diacetate.
1007-100................................            1007  Fort Dodge Nolvasan S (Active)   Chlorhexidine diacetate.
                                                           Nolvasan S (Alternate).
1007-101................................            1007  Chlorhexidine Diacetate........  Chlorhexidine diacetate.
AL-040003...............................             279  AIM EC Herbicide...............  Carfentrazone-ethyl.
AL-080002...............................           82541  DuPont Direx 4L Herbicide......  Diuron.
AL-080003...............................           82541  DuPont Karmex XP (DF) Herbicide  Diuron.
AL-940001...............................            5481  Orthene 75 S Soluble Powder....  Acephate.
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                         Table 1A--Product Registrations With Pending Requests for Cancellation
--------------------------------------------------------------------------------------------------------------------------------------------------------
            Registration No.                Company No.             Product name                                Active  ingredients
--------------------------------------------------------------------------------------------------------------------------------------------------------
432-1360................................             432  Bayleton 50 Turf and Ornamental  Triadimefon.
                                                           Fungicide in Water Soluble
                                                           Packets.
432-1367................................             432  Bayleton 50 WDG Nursery and      Triadimefon.
                                                           Greenhouse Systemic Fungicide.
432-1445................................             432  Bayleton Flo Turf and            Triadimefon.
                                                           Ornamental Fungicide.
432-1446................................             432  Tartan Fungicide...............  Trifloxystrobin & Triadimefon.
432-1513................................             432  Armada 50 WDG..................  Triadimefon & Trifloxystrobin.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The registrant of the products listed in Table 1A, of Unit II, has
requested the effective date of June 30, 2023, for the cancellations.

                       Table 2--Product Registrations With Pending Requests for Amendment
----------------------------------------------------------------------------------------------------------------
        Registration No.           Company No.      Product name      Active ingredient   Uses to be terminated
----------------------------------------------------------------------------------------------------------------
5481-197.......................            5481  Technical Grade     Pentachloronitrobe  Beans, cotton, garlic,
                                                  PCNB.               nzene.              peanuts, peppers and
                                                                                tomatoes.
5481-8988......................            5481  Turfcide 10%        Pentachloronitrobe  Beans, cotton, peanuts,
                                                  Granular.           nzene.              peppers and
                                                                                additionally beans,
                                                                                peppers and tomatoes
                                                                                as vegetable bedding
                                                                                plants.

5481-8992......................            5481  Turfcide 4F.......  Pentachloronitrobe  Beans, cotton, garlic,
                                                                      nzene.              peanuts, peppers,
                                                                                tomatoes and
                                                                                additionally peppers
                                                                                and tomatoes as
                                                                                vegetable bedding
                                                                                plants.
----------------------------------------------------------------------------------------------------------------

    Table 3 of this unit includes the names and addresses of record for
all the registrants of the products listed in Tables 1, 1A & 2 of this
unit, in sequence by EPA company number. This number corresponds to the
first part of the EPA registration numbers of the products listed in
Table 1, Table 1A and Table 2 of this unit.

Table 3--Registrants Requesting Voluntary Cancellation and/or Amendments
------------------------------------------------------------------------
         EPA company No.                  Company name and address
------------------------------------------------------------------------
279..............................  FMC Corporation, 2929 Walnut Street,
                                    Philadelphia, PA 19104.
432..............................  Bayer Environmental Science, A
                                    Division of Bayer CropScience, LP,
                                    5000 CentreGreen Way, Suite 400,
                                    Cary, NC 27513.
1007.............................  Zoetis, Inc., 333 Portage Street,
                                    Kalamazoo, MI 49007-4931.
5481.............................  AMVAC Chemical Corporation, 4695
                                    MacArthur Court, Suite 1200, Newport
                                    Beach, CA 92660-1706.
82541............................  Catfish Farmers Registration
                                    Corporation, 1100 Highway 82 East,
                                    Suite 202, Indianola, MS 38751.
------------------------------------------------------------------------

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

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a
registrant of a pesticide product may at any time request that any of
its pesticide registrations be canceled or amended to terminate one or
more uses. FIFRA further provides that, before acting on the request,
EPA must publish a notice of receipt of any such request in the Federal
Register.
    Section 6(f)(1)(B) of FIFRA (7 U.S.C. 136d(f)(1)(B)) requires that
before acting on a request for voluntary cancellation, EPA must provide
a 30-day public comment period on the request for voluntary
cancellation or use termination. In addition, FIFRA section 6(f)(1)(C)
(7 U.S.C. 136d(f)(1)(C)) requires that EPA provide a 180-day comment
period on a request for voluntary cancellation or termination of any
minor agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The EPA Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
    The registrants listed in Table 3 of Unit II have not requested
that EPA waive the 180-day comment period. Accordingly, EPA will
provide a 180-day comment period on the proposed requests.

IV. Procedures for Withdrawal of Requests

    Registrants who choose to withdraw a request for product
cancellation or use termination should submit the withdrawal in writing
to the person listed under FOR FURTHER INFORMATION CONTACT. If the
products have been subject to a previous cancellation or termination
action, the effective date of cancellation or termination and all other
provisions of any earlier cancellation or termination action are
controlling.

V. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
action. If the requests for voluntary cancellation and amendments to
terminate uses are granted, the Agency intends to publish the
cancellation order in the Federal Register.
    In any order issued in response to these requests for cancellation
of product registrations and for amendments to terminate uses, EPA
proposes to include the following provisions for the treatment of any
existing stocks of the products listed in Table 1 and Table 1A of Unit
II.

A. For Products 1007-99, 1007-100 & 1007-101

    For products 1007-99, 1007-100 & 1007-101, listed in Table 1 of
Unit II, the registrants have requested to sell existing stocks until
May 31, 2021. Registrants will be permitted to sell and distribute
existing stocks of these products until May 31, 2021. Thereafter,
registrants will be prohibited from selling or distributing these
products, except for export consistent with FIFRA section 17 (7 U.S.C.
136o) or for proper disposal.

B. For Products 432-1360, 432-1367, 432-1445, 432-1446 & 432-1513

    For the products 432-1360, 432-1367, 432-1445, 432-1446 & 432-1513
listed in Table 1A of Unit II, the registrant has requested the
effective date of the cancellations to be June 30, 2023; therefore,
registrants will be permitted to sell and distribute existing stocks of
these products until June 30, 2024. Thereafter, registrants will be
prohibited from selling or distributing the products in Table 1A of
Unit II, except for export consistent with FIFRA section 17 (7 U.S.C.
136o) or for proper disposal.
    For all other voluntary product cancellations, identified in Table
1 of Unit II, registrants will be permitted to sell and distribute
existing stocks of voluntarily canceled products for 1 year after the
effective date of the cancellation, which will be the date of
publication of the cancellation order in the Federal Register.
Thereafter, registrants will be prohibited from selling or distributing
all other products identified in Table 1 of Unit II, except for export
consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper
disposal.
    Once EPA has approved product labels reflecting the requested
amendments to terminate uses, identified in Table 2 of Unit II,
registrants will be permitted to sell or distribute products under the
previously approved labeling for a period of 18-months after the date
of Federal Register publication of the cancellation order, unless other
restrictions have been imposed. Thereafter, registrants will be
prohibited from selling or distributing the products whose labels
include the terminated uses identified

in Table 2 of Unit II, except for export consistent with FIFRA section
17 or for proper disposal.
    Persons other than the registrant may sell, distribute, or use
existing stocks of canceled products and products whose labels include
the terminated uses until supplies are exhausted, provided that such
sale, distribution, or use is consistent with the terms of the
previously approved labeling on, or that accompanied, the canceled
products and terminated uses.

    Authority: 7 U.S.C. 136 et seq.

    Dated: January 21, 2020.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Pesticide Programs.
[FR Doc. 2020-02040 Filed 2-3-20; 8:45 am]
 BILLING CODE 6560-50-P


CONTACT REPORT From: Dave Reeves and Tom Holloway, RTI International Date of Contact: November 7, 2003 Company/ Agency: Sony Magnetics Products Inc. Of America 4275 W. Main Street Dothan, AL 36305 Telephone Number: ( 334) 793  7655, ext. 1011 Person Contacted: Mark Farmer, Environmental Manager CONTACT SUMMARY: We called Mr. Farmer to follow up on some of the cobalt emissions data and to clarify information concerning emission points at the Sony facility. Mr. Farmer stated that Sony has two different magnetic tape manufacturing processes. The new advanced metal evaporation ( ME) process is conducted in a process area that is part of the main warehouse building. ( On the facility diagram previously provided by Mr. Farmer, this process area is designated as " ME Plant".) The ME process area is approximately 75 feet long, 40 feet wide, and 25 feet high. Mr. Farmer also explained that only cobalt metal is used and emitted by the ME process. Sony has three ME machines and is currently only using two of them. The machines are run at a high vacuum and the emissions result from cleaning operations. Most of the cleaning is done between the production runs ( e. g., rolls of magnetic tape). The condensation booth is located within the ME process area and is used for cleaning the condensation hood. Only the condensation booth has an air exhaust that is directed to a baghouse ( dust collector). With regards to metal cobalt ( Co) emissions ( from the ME process), we asked about the 1,155 pounds they reported for metal Co in their 2000 Toxics Release Inventory ( TRI). Mr. Farmer believed that those metal Co emissions should be reduced by 60 to 70 percent to account for the waste streams identified in recent work conducted with the Alabama Department of Environmental Management ( ADEM). He also mentioned that they had done testing and that beyond 20 feet of the process machines they had non detect for Co. Mr. Farmer then retrieved some emissions data from the past few years and stated that for calendar year 2002, they had recently revised their metal Co emissions from 2.34 tons to 1.29 tons. Mr. Farmer volunteered to send us the most recent detailed AME Cobalt Emissions Summary Report so we could see how the emissions are tracked month by month.

We then asked about the more conventional magnetic tape manufacturing process at Sony, in which coating ( mix) is applied to a thin film substrate and the solvent is evaporated at the coater and oven. Mr. Farmer explained that the reported cobalt compounds emissions come from the coating mix, which is cobalt doped iron oxide. According to Mr. Farmer, Co is only 2 to 3 weight percent of the mix, so the amount of cobalt in the reported 250 pounds of Co compounds is actually only 5 to 7 pounds. Mr. Farmer further explained that there are four coating lines for the conventional process, two lines in P 1 Plant and two lines in P 2 Plant ( as designated on the  2

facility diagram). Mr. Farmer had previously estimated that 80 percent of the ( fugitive) Co compound emissions come from the mix areas which are located at the southern end of both the P 1 and P 2 Plants. The other 20 percent had been identified as " miscellaneous fugitives." According to Mr. Farmer, the dimensions of the exhaust ducts from both P 1 and P 2 Plants are 4 foot x 4 foot, and the release point for both ducts is 50 feet high. The average flowrates for the P 1 and P 2 Plant ducts are 130,000 cfm and 150,000 cfm, respectively. Mr. Farmer stated that the reported 250 pounds of Co compounds emissions are an engineering estimate and that the emissions should be split evenly between the P 1 and P 2 Plants.

Mr. Farmer also commented that Sony's AME production slowed down at the beginning of the calendar year, but in recent months has increased slightly, so the resulting air emissions reflect these changes in the monthly emissions report he will be providing.


[Federal Register Volume 79, Number 15 (Thursday, January 23, 2014)]
[Notices]
[Pages 3799-3800]
[FR Doc No: 2014-01361]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9905-77-Region-5]

Proposed Prospective Purchaser Agreement for the PCC Validation
Site in Pontiac, Oakland County, Michigan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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

SUMMARY: In accordance with the Prospective Purchaser Agreement, notice
is hereby given of a proposed administrative settlement concerning the
PCC Validation Site in Pontiac, Oakland County, Michigan with the
following settling party: M1 Concourse, LLC. The settlement requires
the Settling Party to execute and record a Declaration of Restrictive
Covenant; provide access to the Property and exercise due care with
respect to existing contamination. The settlement includes a covenant
not to sue the Settling Party pursuant to Comprehensive Environmental

Response, Compensation, and Liability Act or Resource Conservation and
Recovery Act with respect to the Existing Contamination. Existing
Contamination is defined as any Waste Material present or existing on
or under the Property as of the Effective Date of the Settlement
Agreement; any Waste Material that migrated from the Property prior to
the Effective Date; and any Waste Material presently at the Site that
migrates onto, on, under, or from the Property after the Effective
Date.
    For thirty (30) days following the date of publication of this
notice, the Agency will receive written comments relating to the
settlement. The Agency will consider all comments received and may
modify or withdraw its consent to the settlement if comments received
disclose facts or considerations which indicate that the settlement is
inappropriate, improper, or inadequate. The Agency's response to any
comments received will be available for public inspection at the EPA,
Region 5, Records Center, 77 W. Jackson Blvd., 7th Fl., Chicago,
Illinois 60604.

DATES: Comments must be submitted on or before February 24, 2014.

ADDRESSES: The proposed settlement is available for public inspection
at the EPA, Region 5, Records Center, 77 W. Jackson Blvd., 7th Fl.,
Chicago, Illinois 60604. A copy of the proposed settlement may be
obtained from Peter Felitti, Assoc. Regional Counsel, EPA, Office of
Regional Counsel, Region 5, 77 W. Jackson Blvd., mail code: C-14J,
Chicago, Illinois 60604. Comments should reference the PCC Validation
Site, Pontiac, Michigan and EPA Docket No. and should be addressed to
Peter Felitti, Assoc. Regional Counsel, EPA, Office of Regional
Counsel, Region 5, 77 W. Jackson Blvd., mail code: C-14J, Chicago,
Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Peter Felitti, Assoc. Regional
Counsel, EPA, Office of Regional Counsel, Region 5, 77 w. Jackson
Blvd., mail code: C-14J, Chicago, Illinois 60604.

SUPPLEMENTARY INFORMATION: The Settling Party proposes to acquire
ownership of a former General Motors Corporation North American
operation, at 200 South Boulevard West, Pontiac, Michigan. The EPA
identification number for the Site is  MID980568836. The Site
is one of the 89 sites that were placed into an Environmental Response
Trust (the ``Trust'') as a result of the resolution of the 2009 GM
bankruptcy. The Trust is administrated by Revitalizing Auto Communities
Environmental Response.

    Dated: November 25, 2013.
Richard Karl, Director,
Superfund Division.
[FR Doc. 2014-01361 Filed 1-22-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 3, 2007 (Volume 72, Number 127)]
[Notices]
[Page 36532-36536]
[DOCID:fr03jy07-116]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55957; File No. SR-MSRB-2007-01]

Self-Regulatory Organizations; Municipal Securities Rulemaking
Board; Notice of Filing of Proposed Rule Change to MSRB Rule G-14,
Reports of Sales or Purchases Relating to Reporting of Transactions in
Certain Special Trading Situations

June 26, 2007.
    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 June 13, 2007, the Municipal Securities

Rulemaking Board (``MSRB'') 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
substantially prepared by the MSRB. 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. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The MSRB is filing with the Commission a proposed rule change
consisting of an amendment to and interpretation of its Rule G-14,
Reports of Sales or Purchases. The proposed rule change would: (i)
Clarify transaction reporting requirements and require use of the
existing M9c0 special condition indicator on trade reports of three
types of transactions arising in certain special trading situations
that do not represent typical arm's-length transactions negotiated in
the secondary market; (ii) provide an end-of-day exception from real-
time transaction reporting for trade reports containing the M2c0 or
M9c0 special condition indicator; and (iii) create two new special
condition indicators for purposes of reporting certain inter-dealer
transactions ``late.'' The MSRB proposes an effective date for this
proposed rule change of January 2, 2008. The text of the proposed rule
change is available on the MSRB's Web site (http://www.msrb.org), at

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

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

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

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

1. Purpose
    The MSRB Real-Time Transaction Reporting System (RTRS) serves the
dual purposes of price transparency and market surveillance. Because a
comprehensive database of transactions is needed for the surveillance
function of RTRS, MSRB Rule G-14, with limited exceptions, requires
dealers to report all of their purchase-sale transactions to RTRS. All
reported transactions are entered into the RTRS surveillance database
used by market regulators and enforcement agencies. However, not all of
these reported transactions are equally useful for price transparency.
To address this problem, RTRS was designed so that a dealer can code a
specific transaction report with a ``special condition indicator'' to
designate the transaction as being subject to a special condition.
Depending on the special condition that is indicated, RTRS either can
suppress dissemination of the transparency report to prevent
publication of a potentially misleading price or take other action.
Transactions Executed With Special Pricing Conditions
    The MSRB has identified three trading scenarios that have generated
questions from dealers and users of the MSRB price transparency
products. Each of the three trading scenarios described below
represents a situation where the transaction executed is not a typical
arm's-length transaction negotiated in the secondary market and thus
may be a misleading indicator of the market value of the security. To
clarify transaction reporting requirements and to prevent publication
of potentially misleading prices, the proposed rule change would
require dealers to report the transactions identified in the trading
scenarios with the existing M9c0 \3\ special condition indicator.
Transactions reported with this special condition indicator would be
entered into the surveillance database but suppressed from price
dissemination to ensure that transparency products do not include
prices that might be confusing or misleading.
---------------------------------------------------------------------------

    \3\ In addition to the special trading situations identified in
the proposed rule change, the existing M9c0 special condition
indicator, ``away from market--other reason,'' is required to be
included on a trade report if the transaction price differs
substantially from the market price for multiple reasons or for a
reason not covered by another special condition indicator.
---------------------------------------------------------------------------

Customer Repurchase Agreement Transactions
    Some dealers have programs allowing customers to finance municipal
securities positions with repurchase agreements (``repos''). Typically,
a bona fide repo consists of two transactions whereby a dealer will
sell securities to a customer and agree to repurchase the securities on
a future date at a pre-determined price that will produce an agreed-
upon rate of return. Since both the sale and purchase transactions
resulting from a customer repo do not represent a typical arm's-length
transaction negotiated in the secondary market, the proposed rule
change would clarify that both the sale and purchase transactions
resulting from a repo would be required to be reported with the M9c0
special condition indicator.
UIT-Related Transactions
    Dealers sponsoring Unit Investment Trusts (``UIT'') or similar
programs sometimes purchase securities through several transactions and
deposit such securities into an ``accumulation'' account. After the
accumulation account contains the necessary securities for the UIT, the
dealer transfers the securities from the accumulation account into the
UIT. Purchases of securities for an accumulation account are presumably
done at market value and are required to be reported normally. The
transfer of securities out of the accumulation account and into the
UIT, however, does not represent a typical arm's-length transaction
negotiated in the secondary market. The proposed rule change would
clarify that dealers are required to report the subsequent transfer of
securities from the accumulation account to the UIT with the M9c0
special condition indicator.
TOB Program-Related Transactions
    Dealers sponsoring tender option bond programs (``TOB Programs'')
for customers sometimes transfer securities previously sold to a
customer into a derivative trust from which derivative products are
created. If the customer sells the securities held in the derivative
trust, the trust is liquidated, and the securities are reconstituted
from the derivative products and transferred back to the customer. The
transfer of securities into the derivative trust and the transfer of
securities back to the customer upon liquidation of the trust do not
represent typical arm's-length transactions negotiated in the secondary
market. The proposed rule change would clarify that dealers are
required to report the transfer of securities into the derivative trust
and the transfer of securities back to the customer upon liquidation of
the trust using the M9c0 special condition indicator.\4\
---------------------------------------------------------------------------

    \4\ In some cases, the transfer of securities into the
derivative trust and the transfer of securities back to the customer
upon liquidation of the trust do not represent purchase-sale
transactions due to the terms of the trust agreement. MSRB rules on
transaction reporting do not require a dealer to report the transfer
of securities to RTRS that does not represent a purchase-sale
transaction.

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

Inter-Dealer Transactions Reported Late
    Inter-dealer transaction reporting is accomplished by both the
purchasing and selling dealers submitting the trade to the Depository
Trust and Clearing Corporation's (DTCC) automated comparison system
(RTTM) following DTCC's procedures. RTTM forwards information about the
transaction to RTRS. The inter-dealer trade processing situations
described below are the subject of dealer questions and currently
result in dealers being charged with ``late'' reporting or reporting of
a trade date and time that differs from the date and time of trade
execution. The proposed rule change would create a new special
condition indicator for each scenario, allowing dealers to report these
types of transactions without receiving a late error and allowing
enforcement agencies to identify these trades as reported under special
circumstances.
Inter-Dealer Ineligible on Trade Date
    Certain inter-dealer transactions are not able to be submitted to
RTTM on trade date or with the accurate trade date either because all
information necessary for comparison is not available or because the
trade date is not a ``valid'' trade date in RTTM. The proposed rule
change identifies two of these inter-dealer trading scenarios and
prescribes a procedure for reporting such transactions using a new Mc40
special condition indicator.
VRDO Ineligible on Trade Date
    On occasion, inter-dealer secondary market transactions are
effected in variable rate demand obligations (VRDOs) in which the
interest rate reset date occurs between trade date and the time of
settlement. Since dealers in this scenario cannot calculate accrued
interest or final money on trade date, they cannot process the trade
through RTTM until the interest rate reset has occurred. Reporting the
trade after the interest rate reset occurs would currently result in a
late trade report. The proposed rule change would require both dealers
that are party to the transaction to report the transaction by the end
of the day that the interest rate reset occurs, including the trade
date and time that the original trade was executed. Both dealers would
be required to include a new Mc40 special condition indicator that
would cause RTRS not to score either dealer late. RTRS would
disseminate the trade reports without a special condition indicator and
the trade report would reflect the original trade date and time.
Invalid RTTM Trade Dates
    Dealers sometimes execute inter-dealer transactions on weekends and
on certain holidays that are not valid RTTM trade dates. Such trades
cannot be reported to RTRS using the actual trade date if they occur on
a weekend or holiday. To accomplish automated comparison and
transaction reporting of such transactions, dealers are required to
submit these inter-dealer transactions to RTTM no later than fifteen
minutes after the start of the next RTRS Business Day and to include a
trade date and time that represents the next earliest ``valid'' values
that can be submitted.\5\ Dealers also would be required to include a
new Mc40 special condition indicator that would allow RTRS to identify
these transactions so that enforcement agencies would be alerted to the
fact that the trade reports were made under special circumstances using
a special trade date and time. RTRS would disseminate the trade reports
without a special condition indicator and the trade report would
include the trade date and time reflecting the next earliest ``valid''
values that can be submitted.
---------------------------------------------------------------------------

    \5\ The MSRB previously provided an example of a trade date and
time that would be included on a trade report using this procedure.
See ``Reporting of Inter-Dealer Transactions That Occur Outside of
RTRS Business Day Hours or on Invalid RTTM Trade Dates,'' MSRB
Notice 2007-12 (March 23, 2007).
---------------------------------------------------------------------------

Resubmission of an RTTM Cancel
    A dealer may submit an inter-dealer trade to RTTM and find that the
contra-party fails to report its side of the trade. Such ``uncompared''
trades are not disseminated by RTRS on price transparency products.
After two days, RTTM removes the uncompared trade report from its
system and the dealer originally submitting the trade must resubmit the
transaction in a second attempt to obtain a comparison with its contra-
party, which currently results in RTRS scoring the resubmitted trade
report ``late.''
    The proposed rule change would require the dealer that originally
submitted information to RTTM to resubmit identical information about
the transaction in the second attempt to compare and report the trade
by the end of the day after RTTM cancels the trade. The resubmitting
dealer would include a new Mc50 special condition indicator that would
cause RTRS not to score the resubmitting dealer late. The indicator may
only be used by a dealer resubmitting the exact same trade information
for the same trade.\6\ For example, the contra-party that failed to
submit its side to the trade accurately, thus preventing comparison of
the transaction, would not be able to use the indicator. RTRS would
disseminate the trade without an indicator once RTTM compares the trade
and the trade report would reflect the original trade date and time.
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    \6\ The resubmitting dealer would not be required to resubmit
the same reference number or preparation time on the resubmitted
transaction; however, other information about the transaction, such
as price, quantity, trade date and time, would be required to be
identical to information included in the original trade submission.
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End-of-Day Deadline for ``Away From Market'' Trade Reports
    Currently, the two special condition indicators used to identify
``away from market'' trade reports, M2c0 \7\ and M9c0, do not provide
dealers with an extension to the fifteen minute transaction reporting
deadline. The purpose of fifteen minute reporting is to provide real-
time price transparency. ``Away from market'' trade reports are not
included on price transparency products and are not relevant to the
transparency purpose of RTRS so there is not a need to have such
transactions reported to RTRS in real-time. In addition, many special
condition indicator situations require manual processing by dealers or
use of different trade processing systems. Therefore, the proposed rule
change includes an end-of-day exception from the fifteen minute
transaction reporting deadline for any transaction that correctly
includes the M2c0 or M9c0 special condition indicator.
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    \7\ The M2c0 special condition indicator, ``away from market--
extraordinary settlement,'' is used to identify transactions where
the price differs from the market price because the settlement was
(a) for regular way trades, other than T+3, or (b) for new issue
trades, other than the initial settlement date of the issue. The
indicator is not used for new issue, extended settlement or cash/
next-day trades at the market price.
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2. Statutory Basis
    The MSRB believes that the proposed rule change is consistent with
section 15B(b)(2)(C) of the Act,\8\ which provides that the MSRB's
rules shall:
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    \8\ 15 U.S.C. 78o-4(b)(2)(C).

be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in
regulating, clearing, settling, processing information with respect
to, and facilitating transactions in municipal securities, to remove
impediments to and perfect the mechanism of a free and open market
in municipal securities, and, in general, to protect investors and
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the public interest.

The MSRB believes that the proposed rule change is consistent with the
Act because it will allow the municipal

securities industry to produce more accurate trade reporting and
transparency and will enhance surveillance data used by enforcement
agencies.

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

    The MSRB does not believe that the proposed rule change will impose
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act since it would apply equally to
all brokers, dealers and municipal securities dealers.

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

    With the exception of the procedure for reporting inter-dealer
transactions executed on invalid RTTM trade dates, on July 31, 2006 the
MSRB published for comment an exposure draft of the proposed rule
change \9\ (``July 2006 draft procedures'').\10\ While the MSRB did not
request comment on use of the Mc40 special condition indicator on trade
reports of inter-dealer transactions executed on invalid RTTM trade
dates, this procedure was included in the proposed rule change to
address a special trading situation that arose on April 6, 2007, Good
Friday.\11\
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    \9\ See MSRB Notice 2006-20 (July 31, 2006).
    \10\ The July 2006 draft procedures also covered use of the M9c0
special condition indicator on certain transfers of securities
between program dealers of an auction rate security pursuant to the
instructions of an auction agent. This procedure is not included in
the proposed rule change as it is still under consideration by the
MSRB.
    \11\ See ``Reporting of Inter-Dealer Transactions That Occur
Outside of RTRS Business Day Hours or on Invalid RTTM Trade Dates,''
MSRB Notice 2007-12 (March 23, 2007).
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    The MSRB received comments on the July 2006 draft procedures from
the following two commentators:

The Bond Market Association (``TBMA'').\12\
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    \12\ TBMA has since merged with the Securities Industry
Association and is now the Securities Industry and Financial Markets
Association (``SIFMA'').
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First Southwest Company (``First Southwest'')
Use of ``Away from Market--Other Reason'' Special Condition Indicator
    TBMA urged that transactions identified as ``away from market'' not
be reported to RTRS. The MSRB notes that RTRS serves the dual purposes
of price transparency and market surveillance. The proposed rule change
would ensure that such ``away from market'' transactions are entered
into the surveillance database but suppressed from price dissemination.
These transactions would be part of a database for the purpose of
market surveillance for use by market regulators and enforcement
agencies (NASD, SEC and other regulators).
    The proposed rule change is consistent with TBMA's statement that
reporting of these ``away from market'' trades with a special condition
indicator provides no value to transparency. Such trades are not
helpful for price transparency; in fact, if these ``away from market''
trades were reported without a special condition indicator, the trades
could be detrimental to price transparency since they may contain
potentially misleading prices.\13\
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    \13\ TBMA also stated that reporting certain ``away from
market'' transactions would overstate the volume of transactions
occurring in that particular security. However, by identifying the
trade with the M9c0 special condition indicator, the trade would be
suppressed from publication so there would be no over-reporting of
volume in any published transparency product.
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End-of-Day Exception for ``Away from Market'' Trade Reports
    The July 2006 draft procedures proposed an end-of-day exception
from real-time transaction reporting for transactions reported with an
``away from market'' special condition indicator. TBMA and First
Southwest commented that requiring the reporting of the transactions
with a special condition indicator would require special and possibly
manual processing to add the indicator. The MSRB agrees with this
statement and retained in the proposed rule change an end-of-day
exception to the 15 minute reporting deadline for the special trading
scenarios in the proposed rule change that was included in the July
2006 draft procedures.
Inter-Dealer Transactions Reported ``Late''
    TBMA supported the proposal in the July 2006 draft procedures that
both dealers that are party to a transaction in a variable rate
security where the interest rate reset occurs between the trade date
and settlement date identify the transaction with a special condition
indicator so as to cause RTRS not to score either dealer late. TBMA
recommended making this indicator available for customer trades as well
as inter-dealer trades. The MSRB notes that dealers are required to
only provide either a dollar price or yield on customer transactions in
variable rate securities; therefore dealers are able to report customer
transactions in variable rate securities even if final money is not
able to be calculated at the time the trade report is made. First
Southwest recognized that the proposed treatment of inter-dealer
variable rate transactions would remedy the late trade issue and
approves of this proposal. TBMA supported the MSRB proposal that the
dealer originally submitting information to RTTM not be scored late on
an uncompared trade in its second attempt to compare and report the
trade using a special condition indicator.
Timing of Implementation
    MSRB recommended in the July 2006 draft procedures, and TBMA
supported, that multiple RTRS system changes be accomplished on a
single implementation date because it is less costly and more efficient
when changes are implemented collectively. The proposed rule change
includes a proposed effective date of January 2, 2008 to coincide with
changes many dealers already will need to make at the end of 2007 to
prepare for the expiration of the three-hour exception from real-time
transaction reporting that is currently available on certain
transactions in when, as and if issued securities.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    A. By order approve such proposed rule change, or
    B. Institute proceedings to determine whether the proposed rule
change should be disapproved.
    The MSRB proposes that the proposed rule change become effective
January 2, 2008.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-MSRB-2007-01 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MSRB-2007-01. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the MSRB. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-MSRB-2007-01 and should be
submitted on or before July 24, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-12779 Filed 7-2-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 63 (Friday, April 1, 2022)]
[Notices]
[Pages 19087-19088]
[FR Doc No: 2022-06877]

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

[FRL-9652-01-R5]

Clean Air Act Operating Permit Program; Petition for Objection To
State Significant Operating Permit Modification for BP Products North
America, Inc. Whiting Business Unit, Lake County, Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final Order on petition for objection to a Clean Air
Act title V significant operating permit modification.

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SUMMARY: The Environmental Protection Agency (EPA) Administrator signed
an Order dated March 4, 2022, partially granting and partially denying
a petition dated July 22, 2021 (Petition), from the Environmental
Integrity Project and the Hoosiers Chapter of the Sierra Club (the
Petitioners). The Petition requested that EPA object to a significant
modification to a Clean Air Act (CAA) title V operating permit issued
by the Indiana Department of Environmental Management (IDEM), to BP
Products North America, Inc. Whiting Business Unit (BP Whiting),
located in Lake County, Indiana.

ADDRESSES: The final Order, the Petition, and other supporting

information are available for public inspection during normal business
hours at the following address: U.S. Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays and facility
closures due to COVID-19. We recommend that you telephone Beth
Valenziano at<PHONE_NUMBER> before visiting the Region 5 office.
Additionally, the final Order and Petition are available electronically
at: https://www.epa.gov/title-v-operating-permits/title-v-petition-database.

FOR FURTHER INFORMATION CONTACT: Beth Valenziano, Air Permits Section,
Air Programs Branch (AR-18J), Environmental Protection Agency, Region
5, 77 West Jackson Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: The CAA affords EPA a 45-day period to
review and object to, as appropriate, operating permits proposed by
state permitting authorities under title V of the CAA. Section
505(b)(2) of the CAA authorizes any person to petition the EPA
Administrator to object to a title V operating permit within 60 days
after the expiration of EPA's 45-day review period if EPA has not
objected on its own initiative. Petitions must be based only on
objections to the permit that were raised with reasonable specificity
during the public comment period provided by the state, unless the
petitioner demonstrates that it was impracticable to raise these issues
during the comment period or unless the grounds for the issues arose
after this period.
    The Petition from the Petitioners requesting that EPA object to the
issuance of significant operating permit modification no. 089-43173-
00453 issued by IDEM to BP Whiting alleged: (1) The significant permit
modification fails to assure compliance with 326 IAC 6.8-2-6(a) of the
Indiana State Implementation Plan, which applies to all emissions of
particulate matter smaller than 10 microns (PM10) from each
boiler stack; (2) the 494.99 ton PM10 limit is based on
maximum firing rates for the boilers and duct burners that cannot be
achieved in practice; (3) the emission rates used to quantify
PM10 emissions from the boilers are flawed and understate
actual emissions by up to 25 percent; and (4) the significant permit
modification fails to establish testing, monitoring, or reporting
requirements adequate to determine or assure compliance with applicable
requirements, including the proposed 12-month PM10 limit.
    On March 4, 2022, the EPA Administrator issued an Order partially
granting and partially denying the Petition. The Order explains the
basis for EPA's decision.
    Sections 307(b) and 505(b)(2) of the CAA provide that a petitioner
may request judicial review of those portions of an order that deny
issues in a petition. Any petition for review of the Administrator's
March 4, 2022, Order shall be filed in the United States Court of
Appeals for the appropriate circuit no later than May 31, 2022.
    Authority: 42 U.S.C. 7401 et seq.

    Dated: March 17, 2022.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2022-06877 Filed 3-31-22; 8:45 am]
BILLING CODE 6560-50-P