[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Rules and Regulations]
[Pages 60715-60720]
[FR Doc No: 2013-23941]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2012-0885; FRL-9397-8]

Sedaxane; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of
sedaxane in or on potato and potato, wet peel. Syngenta Crop
Protection, LLC requested these tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective October 2, 2013. Objections and
requests for hearings must be received on or before December 2, 2013,
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-2012-0885, 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,
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(703) 305-7090; 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 EPA's
tolerance regulations at 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-2012-0885 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
December 2, 2013. 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-2012-0885, 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, 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. Summary of Petitioned-For Tolerance

    In the Federal Register of December 19, 2012 (77 FR 75082) (FRL-
9372-6), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
2F8113) by Syngenta Crop Protection, Inc., Regulatory Affairs, P.O. Box
18300, Greensboro, NC 27419-8300. The petition requested that 40 CFR
180.665 be amended by establishing tolerances for residues of the
fungicide sedaxane, in or on potato at 0.02 parts per million (ppm) and
potato, wet peel at 0.06 ppm. That document referenced a summary of the
petition prepared by Syngenta Crop Protection, Inc., the registrant,
which is available in the docket, http://www.regulations.gov. There
were no comments received in response to the notice of filing.
    Based upon review of the data supporting the petition, EPA has
recommended that a different tolerance be set for potato, wet peel. The
reasons for these changes are explained in Unit IV.C.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), 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 sedaxane including exposure
resulting from the tolerances established by this action. EPA's
assessment of exposures and risks associated with sedaxane follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children. The toxicological effects reported in the submitted animal
studies such as mitochondrial disintegration and glycogen depletion in
the liver are consistent with the pesticidal mode of action also being
the mode of toxic action in mammals. The rat is the most sensitive
species tested, and the main target tissue for sedaxane is the liver.
Sedaxane also caused thyroid hypertrophy/hyperplasia. In the acute
neurotoxicity (ACN) and sub-chronic neurotoxicity (SCN) studies,
sedaxane caused decreased activity, decreased muscle tone, decreased
rearing and decreased grip strength.
    There are indications of reproductive toxicity in rats at the high
dose, but these effects did not result in reduced fertility. In the
rat, no adverse effects in fetuses were seen in developmental toxicity
studies at maternally toxic doses. However, in the rabbit, fetal
toxicity was observed at the same doses as the dams. Offspring effects
in the reproduction study occurred at the same doses causing parental
effects, thus there was no quantitative increase in sensitivity in rat
pups. Sedaxane is tumorigenic in the liver in the rat and mouse, and
led to tumors in the thyroid and uterus in the rat and was classified
as ``likely to be carcinogenic to humans.'' Sedaxane was negative in
the mutagenicity studies. The 28-day dermal study did not show systemic
toxicity at the limit dose of 1,000 milligrams/kilogram/day (mg/kg/
day). Sedaxane has low acute toxicity by the oral, dermal, and
inhalation routes. It is not a dermal sensitizer, causes no skin
irritation and only slight eye irritation.
    Specific information on the studies received and the nature of the
adverse effects caused by sedaxane as well as the no-observed-adverse-
effect-level (NOAEL) and the lowest-observed-adverse-effect-level
(LOAEL) from the toxicity studies are discussed in the final rule
published in the Federal Register of June 20, 2012 (77; FR 36920) (FRL-
9345-8).

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA
identifies toxicological points of departure (POD) and levels of
concern to use in evaluating the risk posed by human exposure to the
pesticide. For hazards that have a threshold below which there is no
appreciable risk, the toxicological POD is used as the basis for
derivation of reference values for risk assessment. PODs are developed
based on a careful analysis of the doses in each toxicological study to
determine the dose at which the NOAEL and LOEAL are identified.
Uncertainty/safety factors are used in conjunction with the POD to
calculate a safe exposure level--generally referred to as a population-
adjusted dose (PAD) or a reference dose (RfD)--and a safe margin of
exposure (MOE). For non-threshold risks, the Agency assumes that any
amount of exposure will lead to some degree of risk. Thus, the Agency
estimates risk in terms of the probability of an occurrence of the
adverse effect expected in a lifetime. For more information on the
general principles EPA uses in risk characterization and a complete
description of the risk assessment process, see http://www.epa.gov/pesticides/factsheets/riskassess.htm.
    A summary of the toxicological endpoints for sedaxane used for
human risk assessment is discussed in Unit B of the final rule
published in the Federal Register of June 20, 2012 (77 FR 36920) (FRL-
9345-8).

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to sedaxane, EPA considered exposure under the petitioned-for
tolerances as well as all existing sedaxane tolerances in 40 CFR
180.665. EPA assessed dietary exposures from sedaxane in food as
follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a 1-day or single exposure. Such effects were identified
for sedaxane. In estimating acute dietary exposure, EPA used 2003-2008
food consumption information from the U.S. Department of Agriculture's
(USDA's) National Health and Nutrition Examination Survey, What We Eat
in America (NHANES/WWEIA). As to residue levels in food, EPA conducted
a highly conservative acute dietary risk

assessment which used tolerance level residues and assumed that 100% of
all commodities were treated.
    ii. Chronic exposure. In conducting the chronic dietary exposure
assessment, EPA used the food consumption data from the USDA's 2003-
2008 NHANES/WWEIA. As to residue levels in food, EPA conducted a
partially refined chronic dietary risk assessment which used
anticipated residues and assumed 100 percent crop treated (PCT) for all
commodities except for soybean, wheat, and potato, where average PCT
estimates of 51, 32, and 67, respectively, were used, and modeled
drinking water estimates were included.
    iii. Cancer. EPA assessed exposure for the purpose of estimating
cancer risk assuming anticipated residues and 100 PCT for all
commodities except for soybean, wheat, and potato, where average
percent crop treated estimates of 51, 32, and 67, respectively, were
used, and modeled drinking water estimates were included.
    iv. Anticipated residue PCT information. Section 408(b)(2)(E) of
FFDCA authorizes EPA to use available data and information on the
anticipated residue levels of pesticide residues in food and the actual
levels of pesticide residues that have been measured in food. If EPA
relies on such information, EPA must require pursuant to FFDCA section
408(f)(1) that data be provided 5 years after the tolerance is
established, modified, or left in effect, demonstrating that the levels
in food are not above the levels anticipated. For the present action,
EPA will issue such data call-ins as are required by FFDCA section
408(b)(2)(E) and authorized under FFDCA section 408(f)(1). Data will be
required to be submitted no later than 5 years from the date of
issuance of these tolerances. Section 408(b)(2)(F) of FFDCA states that
the Agency may use data on the actual percent of food treated for
assessing chronic dietary risk only if:
     Condition A: The data used are reliable and provide a
valid basis to show what percentage of the food derived from such crop
is likely to contain the pesticide residue.
     Condition B: The exposure estimate does not underestimate
exposure for any significant subpopulation group.
     Condition C: Data are available on pesticide use and food
consumption in a particular area, the exposure estimate does not
understate exposure for the population in such area. In addition, the
Agency must provide for periodic evaluation of any estimates used. To
provide for the periodic evaluation of the estimate of PCT as required
by FFDCA section 408(b)(2)(F), EPA may require registrants to submit
data on PCT.
    The Agency estimated the PCT for existing uses as follows:
    For chronic and cancer dietary exposure assessment, 100% was
assumed for all commodities except for soybeans (51%) and wheat (32%),
which incorporated average PCT estimates. Average PCT estimates were
also used for the proposed use on potato (67%).
    In most cases, EPA uses available data from United States
Department of Agriculture/National Agricultural Statistics Service
(USDA/NASS), proprietary market surveys, and the National Pesticide Use
Database for the chemical/crop combination for the most recent 6-7
years. EPA uses an average PCT for chronic dietary risk analysis. The
average PCT figure for each existing use is derived by combining
available public and private market survey data for that use, averaging
across all observations, and rounding to the nearest 5%, except for
those situations in which the average PCT is less than one. In those
cases, 1% is used as the average PCT and 2.5% is used as the maximum
PCT. EPA uses a maximum PCT for acute dietary risk analysis. The
maximum PCT figure is the highest observed maximum value reported
within the recent 6 years of available public and private market survey
data for the existing use and rounded up to the nearest multiple of 5%.
    The Agency believes that the three conditions discussed in Unit
III.C.1.iv. have been met. With respect to Condition A, PCT estimates
are derived from Federal and private market survey data, which are
reliable and have a valid basis. The Agency is reasonably certain that
the percentage of the food treated is not likely to be an
underestimation. As to Conditions B and C, regional consumption
information and consumption information for significant subpopulations
is taken into account through EPA's computer-based model for evaluating
the exposure of significant subpopulations including several regional
groups. Use of this consumption information in EPA's risk assessment
process ensures that EPA's exposure estimate does not understate
exposure for any significant subpopulation group and allows the Agency
to be reasonably certain that no regional population is exposed to
residue levels higher than those estimated by the Agency. Other than
the data available through national food consumption surveys, EPA does
not have available reliable information on the regional consumption of
food to which sedaxane may be applied in a particular area.
    EPA did not use anticipated residue or PCT information in the acute
dietary assessment for sedaxane. However, for the chronic and cancer
dietary assessments, anticipated residues were used along with 100 PCT
for all food commodities except for soybean, wheat, and potato, where
average PCT estimates of 51, 32, and 67, respectively, were used, and
modeled drinking water estimates were included.
    2. Dietary exposure from drinking water. The Agency used screening
level water exposure models in the dietary exposure analysis and risk
assessment for sedaxane in drinking water. These simulation models take
into account data on the physical, chemical, and fate/transport
characteristics of sedaxane. Further information regarding EPA drinking
water models used in pesticide exposure assessment can be found at
http://www.epa.gov/oppefed1/models/water/index.htm.
    Based on the Tier I Food Quality Protection Act (FQPA) Index
Reservoir Screening Tool (FIRST) and Tier II pesticide root zone model
PRZM-Groundwater (PRZM-GW Version 1.0, 12/11/2012), the estimated
drinking water concentrations (EDWCs) of sedaxane for acute exposures
are estimated to be 4.1 parts per billion (ppb) for surface water and
15.1 ppb for ground water. The water exposures for the chronic dietary
and cancer assessments are estimated to be 1.2 ppb for surface water
and 13 ppb for ground water.
    Modeled estimates of drinking water concentrations were directly
entered into the dietary exposure model. For acute dietary risk
assessment, the water concentration value of 15.1 ppb was used to
assess the contribution to drinking water. For chronic and cancer
dietary risk assessment, the water concentration value of 13 ppb was
used to assess the contribution to drinking water.
    3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets). Sedaxane is not
registered for any specific use patterns that would result in
residential exposure.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the

cumulative effects of a particular pesticide's residues and ``other
substances that have a common mechanism of toxicity.'' EPA has not
found sedaxane to share a common mechanism of toxicity with any other
substances. For the purposes of this tolerance action, therefore, EPA
has assumed that sedaxane does not have a common mechanism of toxicity
with other substances. For information regarding EPA's efforts to
determine which chemicals have a common mechanism of toxicity and to
evaluate the cumulative effects of such chemicals, see EPA's Web site
at http://www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA
shall apply an additional tenfold (10X) margin of safety for infants
and children in the case of threshold effects to account for prenatal
and postnatal toxicity and the completeness of the database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the FQPA Safety
Factor (SF). In applying this provision, EPA either retains the default
value of 10X, or uses a different additional safety factor when
reliable data available to EPA support the choice of a different
factor.
    2. Prenatal and postnatal sensitivity. There is no evidence for
increased susceptibility following prenatal and/or postnatal exposures
to sedaxane based on effects seen in developmental toxicity studies in
rabbits or rats. There was no evidence of increased susceptibility in a
2-generation reproduction study in rats following prenatal or postnatal
exposure to sedaxane. Clear NOAELs/LOAELs were established for the
developmental effects seen in rats and rabbits as well as for the
offspring effects seen in the 2-generation reproduction study. The
dose-response relationship for the effects of concern is well
characterized. The NOAEL used for the acute dietary risk assessment (30
mg/kg/day), based on effects observed in the ACN study, is protective
of the developmental and offspring effects seen in rabbits and rats
(NOAELs of 100-200 mg/kg/day).
    In addition, there is no evidence of neuropathology or
abnormalities in the development of the fetal nervous system from the
available toxicity studies conducted with sedaxane.
    3. Conclusion. EPA has determined that reliable data show the
safety of infants and children would be adequately protected if the
FQPA SF were reduced to 1x. That decision is based on the following
findings:
    i. The toxicity database for sedaxane is complete.
    ii. The sedaxane toxicology database did not demonstrate evidence
of neurotoxicity. Although sedaxane caused changes in endpoints such as
decreased activity, decreased muscle tone, decreased rearing and
decreased grip strength in the ACN study and reduced locomotor activity
in the SCN study, EPA believes these effects do not support a finding
that sedaxane is a neurotoxicant. The observed effects in the ACN and
SCN studies were likely secondary to inhibition of mitochondrial energy
production, which is the pesticidal mode of action for sedaxane.
Furthermore, there was no corroborative neuro-histopathology
demonstrated in any study, even at the highest doses tested (i.e.,
2,000 mg/kg/day). Therefore, based on its chemical structure, its
pesticidal mode of action, and lack of evidence of neuro-histopathology
in any acute and repeated-dose toxicity study, sedaxane does not
demonstrate potential for neurotoxicity. Since sedaxane did not
demonstrate increased susceptibility to the young or specific
neurotoxicity, a developmental neurotoxicity (DNT) study is not
required.
    iii. There is no evidence that sedaxane results in increased
susceptibility in in utero rats or rabbits in the prenatal
developmental studies or in young rats in the 2-generation reproduction
study.
    iv. There are no residual uncertainties identified in the exposure
databases. The dietary food exposure assessments were performed as
screening-level (acute) or partially-refined (chronic) assessments. EPA
made conservative (protective) assumptions in the ground and surface
water modeling used to assess exposure to sedaxane in drinking water.
These assessments will not underestimate the exposure and risks posed
by sedaxane.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide
exposures are safe by comparing aggregate exposure estimates to the
acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA
calculates the lifetime probability of acquiring cancer given the
estimated aggregate exposure. Short-, intermediate-, and chronic-term
risks are evaluated by comparing the estimated aggregate food, water,
and residential exposure to the appropriate PODs to ensure that an
adequate MOE exists.
    Sedaxane is a member of the pyrazole carboxamide fungicides.
Metabolic processes involving cleavage of the linkage between the
pyrazole and phenyl rings of these compounds have the potential to
produce common pyrazole-metabolites. Indeed, confined rotational crops
studies for sedaxane and isopyrazam demonstrate that low levels of
three common metabolites form. However, due to the low levels of these
compounds in rotational crops (<=0.01 ppm), and low concerns about
their potential toxicity relative to parent molecules, any risks from
aggregation of exposures to common metabolites across chemicals will be
insignificant.
    1. Acute risk. Using the exposure assumptions discussed in this
unit for acute exposure, the acute dietary exposure from food and water
to sedaxane will occupy <1% of the aPAD for all populations.
    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that chronic exposure to
sedaxane from food and water will utilize <1% of the cPAD for all
populations. There are no residential uses for sedaxane.
    3. Short- and intermediate-term risk. Short- and intermediate-term
aggregate exposure takes into account short- and intermediate-term
residential exposure plus chronic exposure to food and water
(considered to be a background exposure level). Short- and
intermediate-term adverse effects were identified; however, sedaxane is
not registered for any use patterns that would result in short- or
intermediate-term residential exposures. Because there is no short- or
intermediate-term residential exposure and chronic dietary exposure has
already been assessed under the appropriately protective cPAD (which is
at least as protective as the POD used to assess short-term risk), no
further assessment of short- or intermediate-term risk is necessary,
and EPA relies on the chronic dietary risk assessment for evaluating
short- and intermediate-term risk for sedaxane.
    4. Aggregate cancer risk for U.S. population. The Agency has
classified sedaxane as ``Likely to be Carcinogenic to Humans'' based on
significant tumor increases in two adequate rodent carcinogenicity
studies. Accordingly, a cancer dietary risk assessment was conducted,
indicating a risk estimate of 1 x 10-6 for the U.S.
population. EPA considers risks in the range of 1 x 10-6 to
be negligible.
    5. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that

no harm will result to the general population, or to infants and
children from aggregate exposure to sedaxane residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology is available to enforce the
tolerance expression. A modification of the Quick, Easy, Cheap,
Effective, Rugged, and Safe (QuEChERS) method was developed for the
determination of residues of sedaxane (as its isomers SYN508210 and
SYN508211) in/on various crops. A successful independent laboratory
validation (ILV) study was also conducted on the modified QuEChERS
method using samples of wheat green forage and wheat straw fortified
with SYN508210 and SYN508211 at 0.005 and 0.05 ppm. The analytical
standard for sedaxane, with an expiration date of June 30, 2014, is
currently available in the EPA National Pesticide Standards Repository.
The method may be requested from: Chief, Analytical Chemistry Branch,
Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350;
telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level. The Codex has not
established MRLs for sedaxane.

C. Revisions to Petitioned-For Tolerances

    The Agency determined that the tolerance level for potato, wet peel
should be changed from the petitioned-for 0.06 ppm to 0.075 ppm based
upon EPA's examination of the level of residues that may remain on
potatoes following application of sedaxane at the maximum label rate
and the average degree of sedaxane residue concentration in wet potato
peel.

V. Conclusion

    Therefore, tolerances are established for residues of sedaxane,
including its metabolites and degradates in or on potato; and potato,
wet peel at 0.02 and 0.075 ppm respectively.

VI. Statutory and Executive Order Reviews

    This final rule establishes tolerances under FFDCA section 408(d)
in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this 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 tolerance 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).

VII. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

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

    Dated: September 17, 2013.
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.  180.665, add alphabetically the following commodities to
the table in paragraph (a) to read as follows:

Sec.  180.665  Sedaxane; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                            Parts  per
                        Commodity                             million
------------------------------------------------------------------------

                                * * * * *
Potato..................................................           0.02
Potato, wet peel........................................           0.075

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

* * * * *

[FR Doc. 2013-23941 Filed 10-1-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Notices]
[Pages 47135-47136]
[FR Doc No: 2023-15493]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC23-107-000.
    Applicants: Horus West Virginia I, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act of Horus West Virginia 1, LLC.
    Filed Date: 7/12/23.
    Accession Number: 20230712-5228.
    Comment Date: 5 p.m. ET 8/2/23.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG23-230-000.
    Applicants: Misenheimer Solar LLC.
    Description: Misenheimer Solar LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 7/14/23.
    Accession Number: 20230714-5221.
    Comment Date: 5 p.m. ET 8/4/23.

    Docket Numbers: EG23-231-000.
    Applicants: Downeast Wind, LLC.
    Description: Downeast Wind, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 7/17/23.
    Accession Number: 20230717-5080.
    Comment Date: 5 p.m. ET 8/7/23.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2735-002.
    Applicants: Anthracite Power and Light Company.
    Description: Notice of Change in Status of Anthracite Power and
Light Company.
    Filed Date: 7/14/23.
    Accession Number: 20230714-5186.
    Comment Date: 5 p.m. ET 8/4/23.

    Docket Numbers: ER11-2040-003.
    Applicants: Schuylkill Energy Resources, Inc.
    Description: Notice of Change in Status of Schuylkill Energy
Resources, Inc.
    Filed Date: 7/14/23.
    Accession Number: 20230714-5173.
    Comment Date: 5 p.m. ET 8/4/23.

    Docket Numbers: ER12-726-009; ER18-2158-003; ER22-2703-002.
    Applicants: Pattern Energy Management Services LLC, Stillwater
Wind, LLC, Spring Valley Wind LLC.
    Description: Triennial Market Power Analysis for Northwest Region
of Spring Valley Wind LLC, et al.
    Filed Date: 7/12/23.
    Accession Number: 20230712-5225.
    Comment Date: 5 p.m. ET 9/11/23.

    Docket Numbers: ER15-1668-005.
    Applicants: Phoenix Energy Group, LLC.
    Description: Notice of Non-Material Change in Status of Phoenix
Energy Group, LLC.
    Filed Date: 7/14/23.
    Accession Number: 20230714-5174.
    Comment Date: 5 p.m. ET 8/4/23.

    Docket Numbers: ER23-629-004.
    Applicants: Public Service Company of Colorado.
    Description: Compliance filing: 2023-07-14--Attach N Compliance
Filing Amendments to be effective 6/3/2023.
    Filed Date: 7/17/23.
    Accession Number: 20230717-5000.
    Comment Date: 5 p.m. ET 8/7/23.

    Docket Numbers: ER23-2403-000.
    Applicants: Victory Pass I, LLC.
    Description: Baseline eTariff Filing: Market-Based Rate Application
to be effective 9/15/2023.
    Filed Date: 7/14/23.
    Accession Number: 20230714-5155.
    Comment Date: 5 p.m. ET 8/4/23.

    Docket Numbers: ER23-2404-000.
    Applicants: Bronco Plains Wind II, LLC.
    Description: Baseline eTariff Filing: Bronco Plains Wind II, LLC
Application for Market-Based Rate Authorization to be effective 9/13/
2023.
    Filed Date: 7/14/23.
    Accession Number: 20230714-5158.
    Comment Date: 5 p.m. ET 8/4/23.

    Docket Numbers: ER23-2405-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: LGIA, Bellefield 3 Solar
Farm (TOT966-Q1779/SA No. 305) to be effective 7/15/2023.
    Filed Date: 7/14/23.
    Accession Number: 20230714-5161.
    Comment Date: 5 p.m. ET 8/4/23.

    Docket Numbers: ER23-2406-000.
    Applicants: Arica Solar, LLC.
    Description: Baseline eTariff Filing: Market-Based Rate Application
to be effective 9/15/2023.
    Filed Date: 7/14/23.
    Accession Number: 20230714-5164.
    Comment Date: 5 p.m. ET 8/4/23.

    Docket Numbers: ER23-2407-000.
    Applicants: Strauss Wind, LLC.
    Description: Baseline eTariff Filing: Baseline new to be effective
7/15/2023.
    Filed Date: 7/14/23.
    Accession Number: 20230714-5176.
    Comment Date: 5 p.m. ET 8/4/23.

    Docket Numbers: ER23-2408-000.
    Applicants: 2015 ESA Project Company, LLC.
    Description: Tariff Amendment: 2015 ESA Project Company, LLC Notice
of Cancellation to be effective 7/17/2023.
    Filed Date: 7/14/23.
    Accession Number: 20230714-5182.
    Comment Date: 5 p.m. ET 8/4/23.

    Docket Numbers: ER23-2410-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Notice of Cancellation of WMPA,
Service Agreement No. 5932; Queue No. AE2-028 to be effective 9/15/
2023.
    Filed Date: 7/17/23.
    Accession Number: 20230717-5046.
    Comment Date: 5 p.m. ET 8/7/23.

    Docket Numbers: ER23-2411-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original IISA, SA No. 6993
and ICSA, SA No. 6994; Queue No. AF1-128 to be effective 6/16/2023.

    Filed Date: 7/17/23.
    Accession Number: 20230717-5057.
    Comment Date: 5 p.m. ET 8/7/23.

    Docket Numbers: ER23-2412-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original WMPA, Service
Agreement No. 7007; Queue No. AF1-104 to be effective 9/15/2023.
    Filed Date: 7/17/23.
    Comment Date: 5 p.m. ET 8/7/23.

    Docket Numbers: ER23-2413-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2023-07-17_Attachment BB
Compensation for Rescheduled Generator Outages to be effective 9/16/
2023.
    Filed Date: 7/17/23.
    Accession Number: 20230717-5078.
    Comment Date: 5 p.m. ET 8/7/23.

    Docket Numbers: ER23-2414-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA, Service
Agreement No. 6708; Queue No. AF1-075 to be effective 9/16/2023.
    Filed Date: 7/17/23.
    Accession Number: 20230717-5090.
    Comment Date: 5 p.m. ET 8/7/23.

    Docket Numbers: ER23-2415-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Designated Entity Agreement,
SA No. 7000 between PJM and MAIT to be effective 7/17/2023.
    Filed Date: 7/17/23.
    Accession Number: 20230717-5100.
    Comment Date: 5 p.m. ET 8/7/23.

    Docket Numbers: ER23-2416-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Designated Entity Agreement,
SA No. 7001 between PJM and MAIT to be effective 7/17/2023.
    Filed Date: 7/17/23.
    Accession Number: 20230717-5103.
    Comment Date: 5 p.m. ET 8/7/23.

    Docket Numbers: ER23-2417-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Designated Entity Agreement,
SA No. 6999 between PJM and ComEd to be effective 6/16/2023.
    Filed Date: 7/17/23.
    Accession Number: 20230717-5108.
    Comment Date: 5 p.m. ET 8/7/23.

    Docket Numbers: ER23-2418-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2023-07-17_SA 4125 UE-Kelso
2 Solar GIA (J1299) to be effective 9/16/2023.
    Filed Date: 7/17/23.
    Accession Number: 20230717-5117.
    Comment Date: 5 p.m. ET 8/7/23.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF23-1111-000.
    Applicants: 2015 ESA Project Company, LLC.
    Description: Form 556 of 2015 ESA Project Company, LLC.
    Filed Date: 7/17/23.
    Accession Number: 20230717-5028.
    Comment Date: 5 p.m. ET 8/7/23.

    Docket Numbers: QF23-1112-000.
    Applicants: 2015 ESA Project Company, LLC.
    Description: Form 556 of 2015 ESA Project Company, LLC [USD
Campus].
    Filed Date: 7/17/23.
    Accession Number: 20230717-5034.
    Comment Date: 5 p.m. ET 8/7/23.

    Docket Numbers: QF23-1113-000.
    Applicants: 2015 ESA Project Company, LLC.
    Description: Form 556 of 2015 ESA Project Company, LLC [Genentech
B48 & B43].
    Filed Date: 7/17/23.
    Accession Number: 20230717-5039.
    Comment Date: 5 p.m. ET 8/7/23.

    Docket Numbers: QF23-1114-000.
    Applicants: 2015 ESA Project Company, LLC.
    Description: Form 556 of 2015 ESA Project Company, LLC [Kaiser--
Downey MC--Upgrade].
    Filed Date: 7/17/23.
    Accession Number: 20230717-5041.
    Comment Date: 5 p.m. ET 8/7/23.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene, to protest, or to answer a
complaint in any of the above proceedings must file in accordance with
Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211,
385.214, or 385.206) on or before 5:00 p.m. Eastern time on the
specified comment date. Protests may be considered, but intervention is
necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at:http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: July 17, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-15493 Filed 7-20-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 69 (Monday, April 11, 2022)]
[Notices]
[Pages 21225-21227]
[FR Doc No: 2022-07625]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94610; File No. SR-NASDAQ-2022-028]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Extend the Expiration Date of the Temporary Amendments Concerning Video
Conference Hearings

April 5, 2022.
    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 March 23, 2022, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Exchange has designated the proposed rule change as constituting a
``non-controversial'' rule change under paragraph (f)(6) of Rule 19b-4
under the Act,\3\ which renders the proposal effective upon receipt of
this filing by the Commission. 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.
    \3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes to extend the expiration date of the
temporary amendments in SR-NASDAQ-2020-076 from March 31, 2022, to July
31, 2022.\4\ The proposed rule change would not make any changes to the
text of the Exchange rules.
---------------------------------------------------------------------------

    \4\ If the Exchange seeks to provide additional temporary relief
from the rule requirements identified in this proposed rule change
beyond July 31, 2022, the Exchange will submit a separate rule
filing to further extend the temporary extension of time. The
amended Exchange rules will revert to their original form at the
conclusion of the temporary relief period and any extension thereof.
---------------------------------------------------------------------------

    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to continue to harmonize Exchange Rules 1015,
9261, 9524 and 9830 with recent changes by the Financial Industry
Regulatory Authority, Inc. (``FINRA'') to its Rules 1015, 9261, 9524
and 9830 in response to the COVID-19 global health crisis and the
corresponding need to restrict in-person activities. The Exchange
originally filed proposed rule change SR-NASDAQ-2020-076, which allows
the Exchange's Office of Hearing Officers (``OHO'') and the Exchange
Review Council (``ERC'') to conduct hearings, on a temporary basis, by
video conference, if warranted by the current COVID-19-related public
health risks posed by an in-person hearing. In December 2021, the
Exchange filed a proposed rule change, SR-NASDAQ-2021-104, to extend
the expiration date of the temporary amendments in SR- NASDAQ-2020-076
from December 31, 2021, to March 31, 2022.\5\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 93852 (December 22,
2021), 86 FR 74201 (December 29, 2021) (Notice of Filing and
Immediate Effectiveness of File No. SR-NASDAQ-2021-104).
---------------------------------------------------------------------------

    While there are material signs of improvement, uncertainty still
remains for the coming months. The continued presence of COVID-19
variants, dissimilar vaccination rates throughout the United States,
and the current medium to high COVID-19 community levels in many states
indicate that COVID-19 remains an active and real public health
concern.\6\ Due to the uncertainty and the lack of a clear timeframe
for a sustained and widespread abatement of COVID-19-related health
concerns and corresponding restrictions,\7\ the Exchange believes that
there is a continued need for temporary relief beyond March 31, 2022.
Accordingly, the Exchange proposes to extend the expiration date of the
temporary rule amendments in SR-NASDAQ-2020-076 from March 31, 2022, to
July 31, 2022.
---------------------------------------------------------------------------

    \6\ For example, on February 18, 2022, President Joe Biden
continued the national emergency concerning COVID-19 beyond March 1,
2022, because COVID-19 ``continues to cause significant risk to the
public health and safety'' of the United States. See Continuation of
the National Emergency Concerning the Coronavirus Disease 2019
(COVID-19) Pandemic, 87 FR 10289 (February 23, 2022).
    \7\ For instance, the Centers for Disease Control (``CDC'')
recommends that people wear a mask in public indoor settings in
areas with a high COVID-19 community level regardless of vaccination
status or individual risk. See https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/about- face-coverings.html. Furthermore,
numerous states currently have COVID-19 restrictions in place.
Hawaii requires most people to wear masks in indoor public places
regardless of vaccination status and several other states have mask
mandates in certain settings, such as healthcare and correctional
facilities.
---------------------------------------------------------------------------

    On November 5, 2020, the Exchange filed, and subsequently extended
to March 31, 2022, SR-NASDAQ-2020-076, to temporarily amend Exchange
Rules 1015, 9261, 9524 and 9830 to grant OHO and the ERC authority \8\
to conduct hearings in connection with appeals of Membership
Application Program decisions, disciplinary actions, eligibility
proceedings and temporary and permanent cease and desist orders by
video conference, if warranted by the COVID-19-related public health
risks posed by an in-person hearing.\9\
---------------------------------------------------------------------------

    \8\ For OHO hearings under Exchange Rules 9261 and 9830, the
proposed rule change temporarily grants authority to the Chief or
Deputy Chief Hearing Officer to order that a hearing be conducted by
video conference. For ERC hearings under Exchange Rules 1015 and
9524, this temporary authority is granted to the ERC or relevant
Subcommittee.
    \9\ See Securities Exchange Act Release No. 90390 (November 10,
2020), 85 FR 73302 (November 17, 2020) (Notice of Filing and
Immediate Effectiveness of File No. SR-NASDAQ-2020-076); see also
Securities Exchange Act Release No. 90774 (December 22, 2020), 85 FR
86614 (December 30, 2020) (Notice of Filing and Immediate
Effectiveness of File No. SR-NASDAQ-2020-092); Securities Exchange
Act Release No. 91763 (May 4, 2021), 86 FR 25055 (May 10, 2021)
(Notice of Filing and Immediate Effectiveness of File No. SR-NASDAQ-
2021-033); Securities Exchange Act Release No. 92911 (September 9,
2021), 86 FR 51395 (September 15, 2021) (Notice of Filing and
Immediate Effectiveness of File No. SR-NASDAQ-2021-067); supra note
5.
---------------------------------------------------------------------------

    As set forth in the previous filings, the Exchange also relies on
COVID-19 data and the guidance issued by public health authorities to
determine whether the current public health risks presented by an in-
person hearing may warrant a hearing by video conference.\10\ Based on
that data and guidance, the Exchange does not believe the COVID-19-
related health concerns necessitating this relief will meaningfully
subside by March 31, 2022, and believes that there will be a continued
need for this temporary relief

beyond that date. Accordingly, the Exchange proposes to extend the
expiration date of the temporary rule amendments originally set forth
in SR-NASDAQ-2020-076 from March 31, 2022, to July 31, 2022. The
extension of these temporary amendments allowing for specified OHO and
ERC hearings to proceed by video conference will allow the Exchange's
critical adjudicatory functions to continue to operate effectively in
these extraordinary circumstances--enabling the Exchange to fulfill its
statutory obligations to protect investors and maintain fair and
orderly markets--while also protecting the health and safety of hearing
participants.
---------------------------------------------------------------------------

    \10\ As noted in SR-NASDAQ-2020-076, the temporary proposed rule
change grants discretion to OHO and the ERC to order a video
conference hearing. In deciding whether to schedule a hearing by
video conference, OHO and the ERC may consider a variety of other
factors in addition to COVID-19 trends.
---------------------------------------------------------------------------

    The Exchange has filed the proposed rule change for immediate
effectiveness and has requested that the SEC waive the requirement that
the proposed rule change not become operative for 30 days after the
date of the filing, so the Exchange can implement the proposed rule
change immediately.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\11\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\12\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest, by continuing to provide greater harmonization between the
Exchange rules and FINRA rules of similar purpose,\13\ resulting in
less burdensome and more efficient regulatory compliance.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ See Securities Exchange Act Release No. 94430 (March 16,
2022), 87 FR 16262 (March 22, 2022) (Notice of Filing and Immediate
Effectiveness of File No. SR-FINRA-2022-004).
---------------------------------------------------------------------------

    The proposed rule change, which extends the expiration date of the
temporary amendments to the Exchange rules set forth in SR-NASDAQ-2020-
076, will continue to aid the Exchange's efforts to timely conduct
hearings in connection with its core adjudicatory functions. Given the
current and frequently changing COVID-19 conditions and the uncertainty
around when those conditions will see meaningful, widespread, and
sustained improvement, without this relief allowing OHO and ERC
hearings to proceed by video conference, the Exchange might be required
to postpone some or almost all hearings indefinitely. The Exchange must
be able to perform its critical adjudicatory functions to fulfill its
statutory obligations to protect investors and maintain fair and
orderly markets. As such, this relief is essential to the Exchange's
ability to fulfill its statutory obligations and allows hearing
participants to avoid the serious COVID-19-related health and safety
risks associated with in-person hearings.
    Among other things, this relief will allow OHO to conduct temporary
cease and desist proceedings by video conference so that the Exchange
can take immediate action to stop ongoing customer harm and will allow
the ERC to timely provide members, disqualified individuals and other
applicants an approval or denial of their applications. As set forth in
detail in SR-NASDAQ-2020-076, this temporary relief allowing OHO and
ERC hearings to proceed by video conference accounts for fair process
considerations and will continue to provide fair process while avoiding
the COVID-19-related public health risks for hearing participants.
Accordingly, the proposed rule change extending this temporary relief
is in the public interest and consistent with the Act's purpose.

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

    The Exchange does not believe that the temporary proposed rule
change will impose any burden on competition not necessary or
appropriate in furtherance of the purposes of the Act. As set forth in
SR-NASDAQ-2020-076, the proposed rule change is intended solely to
extend temporary relief necessitated by the continued impacts of the
COVID-19 outbreak and the related health and safety risks of conducting
in-person activities. The Exchange believes that the proposed rule
change will prevent unnecessary impediments to its operations,
including its critical adjudicatory processes, and its ability to
fulfill its statutory obligations to protect investors and maintain
fair and orderly markets that would otherwise result if the temporary
amendments were to expire on March 31, 2022.

C. Self-Regulatory Organization'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 \14\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\15\
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \15\ 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.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \16\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\17\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange has
indicated that the proposed rule change to extend the expiration date
will continue to prevent unnecessary impediments to its operations,
including its critical adjudicatory processes, and its ability to
fulfill its statutory obligations to protect investors and maintain
fair and orderly markets that would otherwise result if the temporary
amendments were to expire on March 31, 2022.\18\ Importantly, extending
the temporary relief provided in SR-NASDAQ-2020-076 immediately upon
filing and without a 30-day operative delay will allow the Exchange to
continue critical adjudicatory and review processes in a reasonable and
fair manner and meet its critical investor protection goals, while also
following best practices with respect to the health and safety of its
employees.\19\ The Commission also notes that this proposal extends
without change the temporary relief previously provided by SR-NASDAQ-
2020-076.\20\ As proposed, the temporary changes would be in place
through July 31, 2022 and the amended rules will revert back to their
original state at the conclusion of the temporary relief period and, if

applicable, any extension thereof.\21\ For these reasons, the
Commission believes that waiver of the 30-day operative delay for this
proposal is consistent with the protection of investors and the public
interest. Accordingly, the Commission hereby waives the 30-day
operative delay and designates the proposal operative upon filing.\22\
---------------------------------------------------------------------------

    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6)(iii).
    \18\ See supra Item II.
    \19\ See Securities Exchange Act Release No. 94430 (March 16,
2022); 86 FR 16262, 16264 (March 16, 2022) (noting the same in
granting FINRA's request to waive the 30-day operative delay so that
SR-FINRA-2022-004 would become operative immediately upon filing).
    \20\ See supra note 9.
    \21\ See supra note 4. As noted above, the Exchange states that
if it requires temporary relief from the rule requirements
identified in this proposal beyond July 31, 2022, it may submit a
separate rule filing to extend the effectiveness of the temporary
relief under these rules.
    \22\ 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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NASDAQ-2022-028 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-NASDAQ-2022-028. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; 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-NASDAQ-2022-028 and should
be submitted on or before May 2, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-07625 Filed 4-8-22; 8:45 am]
BILLING CODE 8011-01-P