[Federal Register Volume 85, Number 71 (Monday, April 13, 2020)]
[Notices]
[Pages 20561-20562]
[FR Doc No: 2020-07651]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88578; File No. SR-LCH SA-2020-001]

Self-Regulatory Organizations; LCH SA; Order Approving Proposed
Rule Change Relating to Amendments to the Wind Down Plan

April 7, 2020.

I. Introduction

    On February 24, 2020, Banque Centrale de Compensation, which
conducts business under the name LCH SA (``LCH SA''), filed with the
Securities and Exchange Commission (``Commission'') pursuant to Section
19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule
19b-4 thereunder \2\ a proposed rule change updating its wind down plan
(``WDP''). The proposed rule change was published for comment in the
Federal Register on March 4, 2020.\3\ The Commission did not receive
comments regarding the proposed rule change. For the reasons discussed
below, the Commission is approving the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Self-Regulatory Organizations; LCH SA; Notice of Filing of
Proposed Rule Change Relating to Amendments to the Wind Down Plan;
Exchange Act Release No. 88297 (February 27, 2020); 85 FR 12814
(March 4, 2020) (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change 4
---------------------------------------------------------------------------

    \4\ The description herein is substantially excerpted from the
Notice, 85 FR 12814.
---------------------------------------------------------------------------

    The purpose of the WDP is to ensure an orderly wind down of LCH SA
under extreme circumstances and to limit market impact as much as
possible, should its recovery plan or the resolutions measures that
could have been taken by the authorities fail to allow LCH SA to obtain
the resources required to return to business as usual conditions. The
WDP sets out the steps that LCH SA would follow to close its clearing
services and shut down the company. In addition, the WDP reflects LCH
SA's estimate of the costs that it would incur to conduct a wind-down,
thereby allowing LCH SA to ensure that it maintains capital sufficient
to cover such costs.\5\
---------------------------------------------------------------------------

    \5\ For more information regarding LCH SA's WDP, please see
Securities Exchange Act Release No. 34-83451 (June 15, 2018), 83 FR
28886 (June 21, 2018) (SR-LCH SA-2017-013).
---------------------------------------------------------------------------

    In 2018, LCH SA conducted a review of its WDP and is proposing to
update it to clarify the circumstances under which LCH SA could
determine to wind down. More specifically, these revisions would make
clear that LCH SA generally could not make such a determination on its
own initiative. Instead, if LCH SA is no longer deemed viable after
consultation with its regulatory authorities \6\ (either while
operating under its current governance or once it has been put under
resolution), the ACPR could require LCH SA to wind down.\7\ Further,
the proposal would clarify that only in the case where all business
lines have been closed and LCH SA no longer has any clearing activity,
could LCH SA make the decision to wind down on its own initiative and
without the direction of its regulator.
---------------------------------------------------------------------------

    \6\ LCH SA is regulated as a credit institution and central
counterparty by its National Competent Authorities:
l'Autorit[eacute] des march[eacute]s financiers, l'Autorit[eacute]
de Contr[ocirc]le Prudentiel et de R[eacute]solution (ACPR), and
Banque de France.
    \7\ ACPR can act as either the prudential authority or the
resolution authority for LCH SA.
---------------------------------------------------------------------------

    LCH SA is also proposing to update the WDP with new estimates of
the costs that it would incur to wind-down. Such costs would still be
lower than the amount that LCH SA holds as liquid resources
corresponding to 6 months of expenses that are the minimum required by
the European Market Infrastructure Regulation (``EMIR'').
    Additionally, the proposed rule change would update the `assessment
of key member, exchange, and IT contract termination provisions'
section of the WDP to add (i) contracts that LCH SA recently entered
with particular platforms and (ii) the contract governing the LCH SA
staff layoff processes.\8\
---------------------------------------------------------------------------

    \8\ However, the conditions of this employment contract would
not apply in case of wind down, and only legal conditions, which are
less demanding for LCH SA, would be applicable for staff layoffs.
---------------------------------------------------------------------------

III. Commission Findings

    Section 19(b)(2)(C) of the Act directs the Commission to approve a
proposed rule change of a self-regulatory organization if it finds that
the proposed rule change is consistent with the requirements of the Act
and the rules and regulations thereunder applicable to the
organization.\9\ For the reasons given below, the Commission finds that
the proposed rule change is consistent with Rules 17Ad-22(e)(3)(ii),
17Ad-22(e)(15)(i) and (ii).\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(2)(C).
    \10\ 17 CFR 240.17Ad-22(e)(3)(ii), (e)(15)(i), and (e)(15)(ii).
---------------------------------------------------------------------------

A. Consistency With Rule 17Ad-22(e)(3)(ii)

    Rule 17Ad-22(e)(3)(ii) requires a covered clearing agency to
establish, implement, maintain and enforce written policies and
procedures that are reasonably designed, as applicable, to ensure that
it maintains plans for the orderly wind-down of the covered clearing
agency necessitated by credit losses, liquidity shortfalls, losses from
general business risk, or any other losses.\11\ As described above, the
proposed rule change would revise the WDP to clarify that it is the
ACPR and not LCH SA that can decide to wind-down. Additionally, LCH SA
would also update the list of key contractual provisions reflected in
the WDP to add contracts for services providers and an employment
contract.
---------------------------------------------------------------------------

    \11\ 17 CFR 240.17Ad-22(e)(3)(ii).
---------------------------------------------------------------------------

    The Commission believes that these clarifications and updates allow
LCH SA to maintain the WDP with current and relevant information. In
particular, the Commission believes that more precise specification of
the role of the ACPR should clarify which entity has the authority to
trigger the WDP. The Commission also believes that by updating the list
of contracts with wind-down provisions, LCH SA can maintain current and
relevant information in its WDP. Therefore, for the above reasons

the Commission finds that the proposed rule change is consistent with
Rule 17Ad-22(e)(3)(ii).

B. Consistency With Rule 17Ad-22(e)(15)(i)-(ii)

    Rule 17Ad-22(e)(15)(i) requires a covered clearing agency to
establish, implement, maintain and enforce written policies and
procedures reasonably designed, as applicable, to, among other things,
(i) determine the amount of liquid net assets funded by equity based
upon its general business risk profile and the length of time required
to achieve a recovery or orderly wind-down, as appropriate, of its
critical operations and services if such action is taken, and (ii)
provide for holding liquid net assets funded by equity equal to the
greater of either six months of its current operating expenses or the
amount determined by the board of directors to be sufficient to ensure
a recovery or orderly wind-down of critical operations and services of
the covered clearing agency, as contemplated by the plans established
under Rule 17Ad-22(e)(3)(ii).
    As noted above, LCH SA proposes to update its WDP with new
estimated wind-down costs, which are less than the amount that LCH SA
holds as liquid resources corresponding to 6 months of expenses that
are the minimum required by EMIR. The Commission believes that by
updating its WDP with this information after its annual review allows
LCH SA to maintain procedures reasonably designed to determine wind-
down costs and to ensure they remain under the amount of capital held
for that purpose. Therefore, the Commission believes that this aspect
of the proposed rule change is consistent with Rule 17Ad-22(e)(15)(i).
    Similarly, the Commission believes that by updating these costs,
LCH SA would be able to assess whether it holds liquid net assets
sufficient to ensure an orderly wind-down of critical operations and
services. Therefore, the Commission believes that the proposed rule
change is consistent with Rule 17Ad-22(e)(15)(ii).

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule change is consistent with the requirements of the Act,
and in particular, with the requirements of Rules 17Ad-22(e)(3)(ii),
17Ad-22(e)(15)(i) and (ii).\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 240.17Ad-22(e)(3)(ii), (e)(15)(i), and (e)(15)(ii).
---------------------------------------------------------------------------

    It is therefore ordered pursuant to Section 19(b)(2) of the Act
\13\ that the proposed rule change (SR-LCH SA-2020-001), be, and hereby
is, approved.\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(2).
    \14\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).

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

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

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-07651 Filed 4-10-20; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 185 (Wednesday, September 23, 2020)]
[Notices]
[Pages 59843-59844]
[FR Doc No: 2020-20936]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89902]

Order Granting Applications by Nasdaq BX, Inc., Nasdaq GEMX, LLC,
Nasdaq ISE, LLC, Nasdaq MRX, LLC, and Nasdaq PHLX LLC for Exemption
Pursuant to Section 36(a) of the Exchange Act From the Rule Filing
Requirements of Section 19(b) of the Exchange Act With Respect to
Certain Rules Incorporated by Reference

September 17, 2020.
    Nasdaq BX, Inc. (``BX''), Nasdaq GEMX, LLC (``GEMX''), Nasdaq ISE,
LLC (``ISE''), Nasdaq MRX, LLC (``MRX''), and Nasdaq PHLX LLC
(``Phlx'') (collectively, the ``Nasdaq Affiliated Exchanges'') have
filed with the Securities and Exchange Commission (``Commission'') an
application for an exemption under Section 36(a)(1) of the Securities
Exchange Act of 1934 (``Exchange Act'') \1\ from the rule filing
requirements of Section 19(b) of the Exchange Act \2\ with respect to
certain rules of The Nasdaq Stock Market LLC (``Nasdaq''), an affiliate
of the Nasdaq Affiliated Exchanges, that the Nasdaq Affiliated
Exchanges seek to incorporate by reference.\3\ Section 36 of the
Exchange Act authorizes the Commission to conditionally or
unconditionally exempt any person, security, or transaction, or any
class thereof, from any provision of the Exchange Act or rule
thereunder, if necessary or appropriate in the public interest and
consistent with the protection of investors.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78mm(a)(1).
    \2\ 15 U.S.C. 78s(b).
    \3\ See Letter from Angela S. Dunn, Principal Associate General
Counsel, Nasdaq, Inc., to Vanessa Countryman, Secretary, Commission,
dated June 15, 2020 (``Exemption Request'').
---------------------------------------------------------------------------

    Recently, the Nasdaq Affiliated Exchanges each filed a proposed
rule change \4\ under Section 19(b) of the Exchange Act to replace
their existing investigatory, disciplinary, and adjudicatory rules with
those contained in the Nasdaq Rule 8000 and 9000 Series, as such rules
may be in effect from time to time, with certain specified exceptions.
In the proposed rule changes, BX proposed to incorporate by reference
the Nasdaq Rule 8000 and 9000 Series into General 5, Sections 1 and 2
of the BX rulebook, and GEMX, ISE, MRX, and Phlx each proposed to
incorporate by reference the Nasdaq Rule 8000 and 9000 Series into
General 5, Sections 2 and 3 of their respective rulebooks, thus making
these Nasdaq rules applicable to the Nasdaq Affiliated Exchanges'
respective members, member organizations,\5\ associated persons, and
other persons subject to their jurisdiction. When the proposed rule
changes become operative, the Nasdaq Affiliated Exchanges' members,
member organizations, associated persons, and other persons subject to
the jurisdiction of the Nasdaq Affiliated Exchanges will be required to
comply with the Nasdaq Rule 8000 and 9000 Series as though such rules
are fully set forth within each of the Nasdaq Affiliated Exchanges'
rulebooks.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release Nos. 88938 (May 26,
2020), 85 FR 33235 (June 1, 2020) (SR-BX-2020-009); 89071 (June 15,
2020), 85 FR 37129 (June 19, 2020) (SR-GEMX-2020-15); 89069 (June
15, 2020), 85 FR 37120 (June 19, 2020) (SR-ISE-2020-22); 89070 (June
15, 2020), 85 FR 37142 (June 19, 2020) (SR-MRX-2020-12); and 88519
(March 31, 2020), 85 FR 19203 (April 6, 2020) (SR-Phlx-2020-09).
    \5\ The Commission notes that the term ``member organization,''
as defined under Phlx General 1, Section 1(17), applies only to
legal entities that are members of the Phlx exchange, and is not
utilized by any other of the Nasdaq Affiliated Exchanges. See
Exemption Request, supra note 3, at 2 n.5. See also Securities
Exchange Act Release No. 82143 (November 22, 2017), 82 FR 56672,
56672 n.3 (November 29, 2017) (SR-Phlx-2017-92) (describing that, on
the Phlx exchange, the term ``member'' refers to a natural person,
whereas the term ``member organization'' refers to an entity, which
must have at least one ``member,'' as that term is defined by the
Phlx exchange).
---------------------------------------------------------------------------

    The Nasdaq Affiliated Exchanges have requested, pursuant to Rule 0-
12 under the Exchange Act,\6\ that the Commission grant the Nasdaq
Affiliated Exchanges an exemption from the rule filing requirements of
Section 19(b) of the Exchange Act for changes to each of the Nasdaq
Affiliated Exchanges' rules that are effected solely by virtue of a
change to the Nasdaq Rule 8000 and 9000 Series that are incorporated by
reference. Specifically, the Nasdaq Affiliated Exchanges request that
they be permitted to incorporate by reference changes made to the
Nasdaq Rule 8000 and 9000 Series that are cross-referenced in each of
the Nasdaq Affiliated Exchanges' rules, without the need for each of
the Nasdaq Affiliated Exchanges to file separately the same proposed
rule changes pursuant to Section 19(b) of the Exchange Act.\7\
---------------------------------------------------------------------------

    \6\ 17 CFR 240.0-12.
    \7\ See Exemptive Request, supra note 3, at 2.
---------------------------------------------------------------------------

    The Nasdaq Affiliated Exchanges represent that the Nasdaq Rule 8000
and

9000 Series are not trading rules. Moreover, the Nasdaq Affiliated
Exchanges state that in each instance, the Nasdaq Affiliated Exchanges
propose to incorporate by reference categories of rules (rather than
individual rules within a category) that are regulatory in nature. The
Nasdaq Affiliated Exchanges will, as a condition of this exemption,
provide written notice to their respective members (or member
organizations) whenever Nasdaq proposes a change to its Rule 8000 and
9000 Series.\8\ Such notice will alert the members (or member
organizations) of each of the Nasdaq Affiliated Exchanges to the
proposed rule change and give them an opportunity to comment on the
proposal. The Nasdaq Affiliated Exchanges state that they will also
inform their respective members (or member organizations) in writing
when the Commission approves any such proposed rule changes.\9\
---------------------------------------------------------------------------

    \8\ The Nasdaq Affiliated Exchanges state that they will provide
such notice on their websites in the same section they use to post
their own proposed rule change filings pursuant to Rule 19b-4(l)
within the timeframe required by such Rule. In addition, the Nasdaq
Affiliated Exchanges state that their websites will also include a
link to the Nasdaq website where the proposed rule change filings
are located. Id. at 3 n.8.
    \9\ Id. at 3.
---------------------------------------------------------------------------

    The Nasdaq Affiliated Exchanges believe this exemption is necessary
and appropriate because it will result in the Nasdaq Affiliated
Exchanges' rules being consistent with the relevant cross-referenced
Nasdaq rules at all times, thus ensuring that the Nasdaq Affiliated
Exchanges and Nasdaq maintain a harmonious system of investigating,
disciplining, and adjudicating the rights of their respective members,
member organizations, associated persons, and other persons subject to
their jurisdiction. Without such an exemption, the Nasdaq Affiliated
Exchanges and Nasdaq could subject their respective members, member
organizations, associated persons, and other persons subject to their
jurisdiction to different standards for investigations and disciplinary
actions.\10\
---------------------------------------------------------------------------

    \10\ Id. at 2.
---------------------------------------------------------------------------

    The Commission has issued exemptions similar to the Nasdaq
Affiliated Exchanges' request.\11\ In granting one such exemption in
2010, the Commission repeated a prior, 2004 Commission statement that
it would consider similar future exemption requests from other self-
regulatory organizations (``SROs''), provided that:
---------------------------------------------------------------------------

    \11\ See, e.g., Securities Exchange Act Release Nos. 83887
(August 20, 2018), 83 FR 42722 (August 23, 2018) (order granting
exemptive request from Nasdaq ISE, LLC, Nasdaq GEMX, LLC, and Nasdaq
MRX, LLC relating to rules of Nasdaq BX, Inc. incorporated by
reference); 80338 (March 29, 2017), 82 FR 16464 (April 4, 2017)
(order granting exemptive request from MIAX PEARL, LLC relating to
rules of Miami International Securities Exchange, LLC incorporated
by reference); 72650 (July 22, 2014), 79 FR 44075 (July 29, 2014)
(order granting exemptive requests from NASDAQ OMX BX, Inc. and the
NASDAQ Stock Market LLC relating to rules of NASDAQ OMX PHLX LLC
incorporated by reference); 67256 (June 26, 2012), 77 FR 39277,
39286 (July 2, 2012) (order approving SR-BX-2012-030 and granting
exemptive request relating to rules incorporated by reference by the
BX Options rules); 61534 (February 18, 2010), 75 FR 8760 (February
25, 2010) (order granting BATS Exchange, Inc.'s exemptive request
relating to rules incorporated by reference by the BATS Exchange
Options Market rules) (``BATS Options Market Order''); and 57478
(March 12, 2008), 73 FR 14521, 14539-40 (March 18, 2008) (order
approving SR-NASDAQ-2007-004 and SR-NASDAQ-2007-080, and granting
exemptive request relating to rules incorporated by reference by The
NASDAQ Options Market).
---------------------------------------------------------------------------

     An SRO wishing to incorporate rules of another SRO by
reference has submitted a written request for an order exempting it
from the requirement in Section 19(b) of the Exchange Act to file
proposed rule changes relating to the rules incorporated by reference,
has identified the applicable originating SRO(s), together with the
rules it wants to incorporate by reference, and otherwise has complied
with the procedural requirements set forth in the Commission's release
governing procedures for requesting exemptive orders pursuant to Rule
0-12 under the Exchange Act; \12\
---------------------------------------------------------------------------

    \12\ See 17 CFR 240.0-12 and Securities Exchange Act Release No.
39624 (February 5, 1998), 63 FR 8101 (February 18, 1998)
(``Commission Procedures for Filing Applications for Orders for
Exemptive Relief Pursuant to Section 36 of the Exchange Act; Final
Rule'').
---------------------------------------------------------------------------

     The incorporating SRO has requested incorporation of
categories of rules (rather than individual rules within a category)
that are not trading rules (e.g., the SRO has requested incorporation
of rules such as margin, suitability, or arbitration); and
     The incorporating SRO has reasonable procedures in place
to provide written notice to its members each time a change is proposed
to the incorporated rules of another SRO.\13\
---------------------------------------------------------------------------

    \13\ See BATS Options Market Order, supra note 11 (citing
Securities Exchange Act Release No. 49260 (February 17, 2004), 69 FR
8500 (February 24, 2004) (order granting exemptive request relating
to rules incorporated by reference by several SROs) (``2004
Order'')).
---------------------------------------------------------------------------

    The Commission believes that the Nasdaq Affiliated Exchanges have
satisfied each of these conditions. The Commission also believes that
granting the Nasdaq Affiliated Exchanges an exemption from the rule
filing requirements under Section 19(b) of the Exchange Act will
promote efficient use of the Commission's and Nasdaq Affiliated
Exchanges' resources by avoiding duplicative rule filings based on
simultaneous changes to identical rule text sought by more than one
SRO.\14\ The Commission therefore finds it appropriate in the public
interest and consistent with the protection of investors to exempt the
Nasdaq Affiliated Exchanges from the rule filing requirements under
Section 19(b) of the Exchange Act with respect to the above-described
rules they have incorporated by reference. This exemption is
conditioned upon the Nasdaq Affiliated Exchanges promptly providing
written notice to their members (or member organizations) whenever
Nasdaq changes a rule that the Nasdaq Affiliated Exchanges have
incorporated by reference.
---------------------------------------------------------------------------

    \14\ See BATS Options Market Order, supra note 11, 75 FR at
8761; see also 2004 Order, supra note 13, 69 FR at 8502.
---------------------------------------------------------------------------

    Accordingly, it is ordered, pursuant to Section 36 of the Exchange
Act,\15\ that the Nasdaq Affiliated Exchanges are exempt from the rule
filing requirements of Section 19(b) of the Exchange Act solely with
respect to changes to the rules identified in their request that
incorporate by reference certain Nasdaq rules that are the result of
changes to such Nasdaq rules, provided that the Nasdaq Affiliated
Exchanges promptly provide written notice to their members (or member
organizations) whenever Nasdaq proposes to change a rule that the
Nasdaq Affiliated Exchanges have incorporated by reference.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78mm.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(76).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-20936 Filed 9-22-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 228 (Wednesday, November 26, 2014)]
[Rules and Regulations]
[Pages 70470-70472]
[FR Doc No: 2014-27750]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0475; FRL-9919-66-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Allegheny County's Adoption of Control Techniques
Guidelines for Four Industry Categories for Control of Volatile Organic
Compound Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is conditionally
approving a State Implementation Plan (SIP) revision submitted by the
Commonwealth of Pennsylvania on behalf of the Allegheny County Health
Department (ACHD). This SIP revision includes amendments to the ACHD
Rules and Regulations, Article XXI, Air Pollution Control, and meets
the requirement to adopt Reasonably Available Control Technology (RACT)
for sources covered by EPA's Control Techniques Guidelines (CTG)
standards for the following categories: Miscellaneous metal and/or
plastic parts surface coating processes, automobile and light-duty
truck assembly coatings, miscellaneous industrial adhesives, and
fiberglass boat manufacturing materials. Upon review of the submittal,
EPA found that the average monomer volatile organic compound (VOC)
content limits were referenced but not included in the regulation for
fiberglass boat manufacturing materials. ACHD has committed to revising
the regulation and submitting the table of VOC content limits for
fiberglass boat manufacturing materials to EPA in order to address
specific RACT requirements for Allegheny County. EPA is, therefore,
conditionally approving this revision to the Pennsylvania SIP in
accordance with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on December 26, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2014-0475. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (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 electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the state
submittal are available at the Allegheny County Health Department,
Bureau of Environmental Quality, Division of Air Quality, 301 39th
Street, Pittsburgh, Pennsylvania 15201 and at the Pennsylvania
Department of Environmental Protection, Bureau of Air Quality Control,
P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Irene Shandruk,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Section 172(c)(1) of the CAA provides that SIPs for nonattainment
areas must include reasonably available control measures (RACM),
including RACT, for sources of emissions. Section 182(b)(2)(A) provides
that for certain nonattainment areas, states must revise their SIP to
include RACT for sources of VOC emissions covered by a CTG document
issued after November 15, 1990 and prior to the area's date of
attainment. In 2008, EPA developed new CTGs for miscellaneous metal and
plastic parts coatings, automobile and light-duty assembly coatings,
miscellaneous industrial adhesives, and fiberglass boat manufacturing
materials.

II. Summary of SIP Revision

    On November 15, 2013, the Pennsylvania Department of Environmental
Protection (PADEP) submitted to EPA on behalf of ACHD a SIP revision
concerning the adoption of the EPA CTGs for miscellaneous metal and/or
plastic parts surface coating processes, automobile and light-duty
truck assembly coatings, miscellaneous industrial adhesives, and
fiberglass boat manufacturing materials in Allegheny County. These
regulations are contained in the ACHD Rules and Regulations, Article
XXI, Air Pollution Control sections 2105.83, 2105.84, 2105.85, and
2105.86 to: (1) Establish applicability for miscellaneous metal and/or
plastic parts surface coating processes, automobile and light-duty
truck assembly coatings, miscellaneous industrial adhesives, and
fiberglass boat manufacturing materials; (2) establish exemptions; (3)
establish record-keeping and work practice requirements; and (4)
establish emission limitations. Upon review of the November 15, 2013
submittal, EPA found that a table of average monomer VOC content limits
for fiberglass boat manufacturing materials was referenced, however,
the table was erroneously not included in the regulation. Pursuant to
section 110(k)(4) of the CAA, PADEP submitted on behalf of ACHD a
letter dated July 16, 2014 committing to submit a SIP revision to EPA
addressing this error. Other specific requirements and the rationale
for EPA's proposed rulemaking action are explained in the NPR and will
not be restated here. No public comments were received on the NPR.

III. Final Action

    In this rulemaking action, EPA is conditionally approving the
Commonwealth of Pennsylvania SIP revision submitted on November 15,
2013, which consists of amendments to the ACHD Rules and Regulations,
Article XXI, Air Pollution Control for adopting RACT for sources
covered by EPA's CTG standards for the following categories:
Miscellaneous metal and/or plastic parts surface coating processes,
automobile and light-duty truck assembly coatings, miscellaneous
industrial adhesives, and fiberglass boat manufacturing materials.
Pursuant to section 110(k)(4) of the CAA, this conditional approval is
based upon a letter from PADEP on behalf of ACHD dated July 16, 2014
committing to submit to EPA, no later than twelve months from EPA's
final conditional approval of ACHD's adoption of CTGs for miscellaneous
metal and/or plastic parts surface coating processes,

automobile and light-duty truck assembly coatings, miscellaneous
industrial adhesives, and fiberglass boat manufacturing materials, an
additional SIP revision to address the erroneous deficiency in the
current regulation for fiberglass boat manufacturing materials. The SIP
revision, to be submitted by PADEP on behalf of ACHD, will include a
table of monomer VOC content limits for fiberglass boat manufacturing
materials. Once EPA has determined that ACHD has satisfied this
condition, EPA shall remove the conditional nature of its approval and
Allegheny County's adoption of CTGs for miscellaneous metal and/or
plastic parts surface coating processes, automobile and light-duty
truck assembly coatings, miscellaneous industrial adhesives, and
fiberglass boat manufacturing materials will, at that time, receive a
full approval status. Should ACHD fail to meet the condition specified
in this rulemaking action, the final conditional approval will convert
to a disapproval.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely conditionally approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 26, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action pertaining to ACHD's adoption of CTG standards for
miscellaneous metal and/or plastic parts surface coating processes,
automobile and light-duty truck assembly coatings, miscellaneous
industrial adhesives, and fiberglass boat manufacturing materials may
not be challenged later in proceedings to enforce its requirements.
(See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

    Dated: November 5, 2014.
William C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (c)(2) is amended by:
0
a. Under Part A, adding an entry at the end for ``2101.20,
Definitions'';
0
b. Under Part E, Subpart 1, revising the entry for ``2105.10, Surface
Coating Processes''; and
0
c. Under Part E, Subpart 7, adding entries for ``2105.83'',
``2105.84'', ``2105.85'', and ``2105.86'' in numerical order.
    The additions and revision read as follows:

Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (2) * * *

----------------------------------------------------------------------------------------------------------------
  Article XX or XXI                                    State                             Additional explanation/
       citation              Title/subject        effective date    EPA approval date    Sec.   52.2063 citation
----------------------------------------------------------------------------------------------------------------
                                                 Part A--General
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2101.20..............  Definitions..............          6/8/13  11/26/14 [Insert      Addition of three new
                                                                   Federal Register      definitions: General
                                                                   Citation].            multi-component
                                                                                coating, general one
                                                                                component coating, and
                                                                                solids turnover ratio.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Part E--Source Emission and Operating Standards
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                             Subpart 1--VOC Sources
----------------------------------------------------------------------------------------------------------------
2105.10..............  Surface Coating Processes          6/8/13  11/26/14 [Insert      Revision to
                                                                   Federal Register      Applicability, section
                                                                   Citation].            2105.10(a).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                      Subpart 7--Miscellaneous VOC Sources
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2105.83..............  Control of VOC Emissions           6/8/13  11/26/14 [Insert      Conditional approval of
                        from Miscellaneous Metal                   Federal Register      new regulation. See
                        and/or Plastic Parts                       Citation].            section 52.2023(m).
                        Surface Coating
                        Processes.
2105.84..............  Control of VOC Emissions           6/8/13  11/26/14 [Insert      Conditional approval of
                        from Automobile and                        Federal Register      new regulation. See
                        Light-Duty Truck                           Citation].            section 52.2023(m).
                        Assembly Coatings.
2105.85..............  Control of VOC Emissions           6/8/13  11/26/14 [Insert      Conditional approval of
                        from Miscellaneous                         Federal Register      new regulation. See
                        Industrial Adhesives.                      Citation].            section 52.2023(m).
2105.86..............  Control of VOC Emissions           6/8/13  11/26/14 [Insert      Conditional approval of
                        from Fiberglass Boat                       Federal Register      new regulation. See
                        Manufacturing Materials.                   Citation].            section 52.2023(m).

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

* * * * *

0
3. Section 52.2023 is amended by adding paragraph (m) to read as
follows:

Sec.  52.2023  Approval status.

* * * * *
    (m) EPA conditionally approves the Commonwealth of Pennsylvania SIP
revision submitted on November 15, 2013, which consists of amendments
to the ACHD Rules and Regulations, Article XXI, Air Pollution Control
for adopting RACT for sources covered by EPA's CTG standards for the
following categories: Miscellaneous metal and/or plastic parts surface
coating processes, automobile and light-duty truck assembly coatings,
miscellaneous industrial adhesives, and fiberglass boat manufacturing
materials. Pursuant to section 110(k)(4) of the CAA, this conditional
approval is based upon a letter from PADEP on behalf of ACHD dated July
16, 2014 committing to submit to EPA, no later than twelve months from
EPA's final conditional approval of ACHD's adoption of CTGs for
miscellaneous metal and/or plastic parts surface coating processes,
automobile and light-duty truck assembly coatings, miscellaneous
industrial adhesives, and fiberglass boat manufacturing materials, an
additional SIP revision to address the erroneous deficiency in the
current regulation for fiberglass boat manufacturing materials. The SIP
revision, to be submitted by PADEP on behalf of ACHD, will include a
table of monomer VOC content limits for fiberglass boat manufacturing
materials.

[FR Doc. 2014-27750 Filed 11-25-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 131 (Monday, July 11, 2022)]
[Notices]
[Pages 41166-41168]
[FR Doc No: 2022-14710]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2022-0002-N-11]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of information collection; request for comment.

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

SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA) and its
implementing regulations, this notice announces that FRA is forwarding
the Information Collection Request (ICR) abstracted below to the Office
of Management and Budget (OMB) for review and comment. The ICR
describes the information collection and its expected burden. On April
1, 2022, FRA published a notice providing a 60-day period for public
comment on the ICR.

DATES: Interested persons are invited to submit comments on or August
10, 2022.

ADDRESSES: Written comments and recommendations for the proposed ICR
should be sent within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find the particular ICR by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function.

FOR FURTHER INFORMATION CONTACT: Ms. Hodan Wells, Information
Collection Clearance Officer, at email: [email protected] or
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its
implementing regulations, 5 CFR part 1320, require Federal agencies to
issue two notices seeking public comment on information collection
activities before OMB may approve paperwork packages. See 44 U.S.C.
3506, 3507; 5 CFR 1320.8 through 1320.12. On April 1, 2022, FRA
published a 60-day notice in the Federal Register soliciting comment on
the ICR for which it is now seeking OMB approval. See 87 FR 19176. FRA
received one comment from the Association of American Railroads (AAR)
related to the proposed collection of information.
    In its comment letter, AAR expressed its concerns about the
reliability of the data collected by the blocked crossing portal,
noting the potential for the public to submit reports of trains moving
through highway-rail grade crossings in the ordinary course of
operations rather than of avoidable, blocked crossing incidents. AAR
also noted that there is no mechanism in place to guard against
individuals submitting multiple reports of a single event, asserting
that a small number of people could repeatedly submit a high volume of
complaints regarding trains at specific locations. Finally, AAR
asserted that FRA failed take into account the paperwork burden imposed
when FRA requests further information from a railroad as part of its
blocked crossing investigation.
    As referenced below, the Infrastructure Investment and Jobs Act,
(Pub. L. 117-58), also known as the ``Bipartisan Infrastructure Law''
(BIL) requires that FRA maintain an online portal and corresponding
database to receive information from the public regarding blocked
highway-rail grade crossings. Section 22404(i) of BIL requires FRA to
submit a report to Congress that discusses, among other things, whether
FRA's blocked crossing portal continues to be an effective method to
collect blocked crossing information, as well as changes that could be
made to improve its effectiveness. On June 14, 2022, FRA published a
request for information (RFI) in the Federal Register, soliciting
comments on how FRA's engagement with affected parties and changes to
the portal and related operations can improve the effectiveness of the
portal. See 87 FR 36036. FRA encourages AAR and other affected parties
to submit its suggestions on how to improve the effectiveness of the
portal to the RFI docket.
    FRA appreciates AAR's comments about the quality of the blocked
crossing portal's collected data and seeks comments through the RFI on
ways in which it can be improved. Before FRA follows up with a railroad
on a reported blocked crossing, FRA reviews information available about
the blocked crossing incident. If FRA determines that the blocked
crossing arose because a train moved through a highway-rail grade
crossing in the ordinary course of operations, FRA will not investigate
the incident further. In addition, if FRA determines that the railroad
had an operational justification for blocking the crossing, FRA will
include this information in its records.
    Since the introduction of the blocked crossing portal in 2020, FRA
has streamlined its procedures for following-up with railroads in
response to blocked crossing reports. In response to AAR feedback that
FRA's inquiries were too onerous, FRA completes the majority of its
follow-up requests after a brief phone call with the involved railroad
or during stakeholder meetings. Additionally, FRA also recognizes that
railroads may not collect the requested information and, in those
circumstances, FRA considers the response of ``not known'' sufficient.
Nonetheless, FRA agrees with AAR that it should adjust its estimated
paperwork burdens to account for railroad responses to FRA's inquiries.
Accordingly, FRA is updating its burden estimates in the re-published
PRA table to better account for railroads' burdens in response to FRA's
follow-up inquiries.
    Before OMB decides whether to approve the proposed collection of
information, it must provide 30 days for public comment. Federal law
requires OMB to approve or disapprove paperwork packages between 30 and
60 days after the 30-day notice is published. 44 U.S.C. 3507(b)-(c); 5
CFR 1320.12(a); see also 60 FR 44978, 44983 (Aug. 29, 1995). OMB
believes the 30-day notice informs the regulated community to file
relevant comments and affords the agency adequate time to digest public
comments before it renders a decision. 60 FR 44983 (Aug. 29, 1995).
Therefore, respondents should submit their respective comments to OMB
within 30 days of publication to best ensure having their full effect.
    Comments are invited on the following ICR regarding: (1) whether
the information collection activities are necessary for FRA to properly
execute its functions, including whether the information will have
practical utility; (2) the accuracy of FRA's estimates of the burden of
the information collection activities, including the validity of the
methodology and assumptions used to determine the estimates; (3) ways
for FRA to enhance the quality, utility, and clarity of the information
being collected; and (4) ways to minimize the burden of information
collection activities on the public, including the use of automated
collection techniques or other forms of information technology.
    The summary below describes the ICR that FRA will submit for OMB
clearance as the PRA requires:
    Title: Inquiry into Blocked Highway-Rail Grade Crossings throughout
the United States.
    OMB Control Number: 2130-0630.
    Abstract: In 2020, FRA created a dedicated website allowing the
public and law enforcement personnel to use web-based forms to
voluntarily submit information about blocked crossings to FRA.\1\ Under
the currently approved information collection request, users provide
information regarding the location, date, time, duration, and immediate
impacts of highway-rail grade crossings blocked by slow-moving or
stationary trains. FRA uses the data collected to gain a more complete
picture of where, when, for how long, and what impacts result from
reported blocked crossing incidents.\2\ Additionally, FRA uses the
information to respond to congressional inquiries so that congressional
staff can respond to their constituents. Furthermore, FRA uses the
information gathered to facilitate meetings, outreach, and other
solutions for stakeholders to reduce or eliminate blocked crossing
concerns.
---------------------------------------------------------------------------

    \1\ Access to the web-based form used by the public is
unrestricted. Access to the web-based form used by law enforcement
personnel and first responders is restricted to law enforcement
personnel with usernames and passwords managed by FRA.
    \2\ The data collection is not designed to provide a
representative sample or create generalizable statistics.
Additionally, the data gathered from this collection is not suitable
for use in budgetary requests or regulatory proposals.
---------------------------------------------------------------------------

    Upon accessing these web-based forms, users are notified there are
no Federal laws or regulations that specifically address the length of
time a

train may occupy a highway-rail grade crossing. Users are also notified
that information submitted will not be forwarded to a railroad, State,
or local agency, and will only being used for data collection purposes
to determine the locations, times, and impacts of blocked crossings.
    On November 15, 2021, the BIL was enacted. In addition to mandating
that FRA establish an online portal and corresponding database to
receive information regarding blocked highway-rail grade crossings,
section 22404 of BIL ``encourages each complainant to report the
blocked crossing to the relevant railroad.'' Therefore, in preparation
for this new statutory mandate, FRA proposes to modify the existing
web-based forms by adding one question, ``have you contacted the
railroad?'' Otherwise, the rest of the questions on the web-based forms
will remain the same.\3\
---------------------------------------------------------------------------

    \3\ The average time per response will be remain at 3 minutes
per response since the modification made under BIL requirement is de
minimis.
---------------------------------------------------------------------------

    Currently, there are no Federal laws or regulations that
specifically address how long a train may occupy a crossing, whether
stationary or operating at slow speeds. Some States and local
municipalities have laws that vary in how long trains are permitted to
occupy crossings. However, there are legitimate operational reasons why
trains may block grade crossings, including trains stopping for
compliance with Federal regulatory requirements (such as required
safety tests and inspections). Therefore, some courts have found that
State laws and regulations that address how long trains may occupy
grade crossings have the effect of regulating aspects of railroad
operations currently regulated by FRA and are thus preempted by the
Federal railroad safety statutes and regulations. (See CSX Transp.,
Inc. v. City of Plymouth, 283 F.3d 812 (6th Cir. 2002)). In addition,
some courts have found State laws and regulations attempting to limit
the time trains are permitted to occupy grade crossings to be preempted
by the Interstate Commerce Commission Termination Act, which provides
the Surface Transportation Board with broad jurisdiction over railroad
operations. (See Elam v. Kansas City So., 635 F.3d 796 (5th Cir.
2011)).
    There are potential safety concerns with crossings that are blocked
by trains. For instance, pedestrians may crawl under or through
stationary trains. Also, emergency response vehicles and first
responders may be delayed when responding to an incident or
transporting persons to a hospital. In addition, drivers may take more
risks, such as driving around lowered gates at a crossing or attempting
to beat a train through a crossing without gates, in order to avoid a
lengthy delay if they are aware that trains routinely block a crossing
for extended periods of time. There are also potential economic impacts
that affect businesses, such as stores or restaurants not being
accessible to their customer base for an extended time period. Finally,
highway-rail grade crossings that are blocked for extended time periods
may create societal nuisances, such as roadway congestion, delayed mail
service and deliveries, disrupted school and work arrival and
dismissal, or missed appointments.
    Type of Request: Revision of a currently approved collection.
    Affected Public: Public individuals, law enforcement personnel, and
first responders.
    Form(s): FRA F 6180.175.
    Respondent Universe: Public individuals, law enforcement personnel,
and first responders.
    Frequency of Submission: On occasion. Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                                                              Total annual
          Section \4\            Total annual  responses   Average time  per      burden         Total cost
                                                               response           hours          equivalent
----------------------------------------------------------------------------------------------------------------
                                 (A)....................  (B)...............   (C) = A * B   (D) = C * wage rate
                                                                                \5\
----------------------------------------------------------------------------------------------------------------
General public via the           15,500 responses.......  3 minutes.........           775               $20,925
 unrestricted form on the FRA
 website.
Law enforcement personnel        350 responses..........  3 minutes.........          17.5                   895
 (including first responders)
 via the limited access form on
 the FRA website.
Monthly meeting between FRA and  12 meetings and reviews  20 hours..........           240                18,586
 Class I railroads on blocked
 crossings--Review of blocked
 crossings data from FRA's
 blocked crossings portal \6\.
                                --------------------------------------------------------------------------------
    Total......................  15,862 responses.......  N/A...............         1,033                40,406
----------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Responses: 15,862.
---------------------------------------------------------------------------

    \4\ The current inventory exhibits a total burden of 250 hours
while the total burden of this notice is 1,033 hours. The increase
in burden hours is due to an anticipated increase in the number of
responses.
    \5\ For the value of the public's time, FRA used an hourly rate
of $27 per hour from the Department of Labor, Bureau of Labor
Statistics (BLS). For law enforcement and first responder
respondents, FRA used an hourly wage rate of $49.74 per hour that
includes an average benefit rate of $20.87 from BLS' Occupational
Employment Statistics (OES) 33-3000, classified within NAICS 999200,
State Government--excluding schools and hospitals. See https://www.bls.gov/oes/current/naics4_999200.htm. For railroad respondents,
FRA used an hourly wage rate of $77.44 that includes a 75-percent
overhead charge from the Surface Transportation Board's 2020 Full
Year Wage A&B data series for railroad workers.
    \6\ FRA adds this row in response to AAR's comments that FRA
should account for railroads' estimated paperwork burdens in
responding to FRA's follow-up inquiries on blocked crossings.
---------------------------------------------------------------------------

    Total Estimated Annual Burden: 1,033 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: $40,406.
    FRA informs all interested parties that it may not conduct or
sponsor, and a respondent is not required to respond to, a collection
of information that does not display a currently valid OMB control
number.
    Authority: 44 U.S.C. 3501-3520.

Allison Ishihara Fultz,
Chief Counsel.
[FR Doc. 2022-14710 Filed 7-8-22; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 76, Number 134 (Wednesday, July 13, 2011)]
[Notices]
[Pages 41250-41253]
[FR Doc No: 2011-17359]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2011-0507; FRL-8879-7]

Formetanate HCl and Acephate; Notice of Receipt of Requests to
Voluntarily Amend Registrations To Terminate Certain Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

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 requests by registrants to voluntarily amend their
formetanate HCl and acephate product registrations to delete uses. The
requests would delete formetanate HCl use in or on apple, pear and
peach commodities, and acephate use in or on succulent green beans. The
requests would not terminate the last formetanate HCl or acephate
products registered for use in the United States. 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 request, or unless
one or more of the

registrants withdraws its request. If these requests are granted, any
sale, distribution, or use of products listed in this notice will be
permitted after the uses are deleted 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 12, 2011.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2011-0507, 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 Facility'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-
2011-0507. 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 Web site 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 at http://www.regulations.gov. 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<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For pesticide specific information
contact: The Chemical Review Manager listed for the pesticide of
interest:

Active Ingredient......................  Chemical Review Manager,
                                          Telephone Number, E-mail
                                          Address
Formetanate HCl........................  James Parker,<PHONE_NUMBER>
<EMAIL_ADDRESS>Acephate...............................  Kelly Ballard,<PHONE_NUMBER>
<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 Requests To Amend Registrations To
Delete Uses

    This notice announces receipt by EPA of requests from several
registrants including Amvac Chemical Corporation, United Phosphorus,
Inc., ChemStarr, LLC, Makhteshim Agan of North America, Inc., and Tide
International, USA, Inc., to delete the succulent green bean use from
acephate product registrations. This notice also announces receipt by
EPA of a request from Gowan Company to delete apple, peach and pear
uses from formetanate HCl product registrations.
    In a letter dated May 31, 2011, Gowan Company requested that the
EPA amend to delete apple, peach and pear uses from formetanate HCl
product

registrations identified in Table 1 of Unit III. Specifically, Gowan
Company is requesting to amend product registrations to delete
formetanate HCl use on apples, peaches and pears in order to reduce
dietary exposure and risks. This action by Gowan Company will aid in
mitigating dietary risks identified in a December 7, 2010, dietary risk
assessment. More information regarding this situation is available in
the formetanate HCl docket (EPA-HQ-OPP-2010-0939). Formetanate HCl is a
miticide/insecticide used on assorted crops. There are no residential
uses for formetanate HCl products. Registered products containing
formetanate HCl are intended to control thrips, lygus bugs, stink bugs,
mites, scale, campylloma, and spiders. Currently, formetanate HCl is
only available as a wettable powder formulation sold in water soluble
bags. The deletion of these uses will not terminate the last
formetanate HCl products registered in the United States.
    In letters dated April 20, 2011 (Makhteshim Agan of North America,
Inc.), May 10, 2011 (United Phosphorus, Inc.), May 13, 2011 (Amvac
Chemical Corporation), and May 25, 2011 (ChemStarr, LLC., and Tide
International, USA, Inc.), registrants requested that EPA amend their
product registrations to delete the succulent green bean use from
acephate product registrations which are identified in Table 1 of Unit
III. Specifically, the registrants are requesting to amend product
registrations to delete acephate use on succulent green beans. Acephate
is an organophosphate insecticide, and is registered for use on a
variety of field, fruit, and vegetable crops, and in food handling
establishments. It is also registered for outdoor use on field-grown
ornamentals, pasture, rangeland, sod and golf course turf, and indoor
use in institutional settings. The deletion of these uses will not
terminate the last acephate products registered in the United States.

III. What action is the agency taking?

    This notice announces receipt by EPA of requests from registrants
to delete certain uses of formetanate HCl and acephate product
registrations. The affected products and the registrants making the
request are identified in Tables 1 and 2 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 amending the
affected registrations.

         Table 1--Formetanate HCl and Acephate Product Registrations With Pending Requests for Amendment
----------------------------------------------------------------------------------------------------------------
           Registration No.                  Product name               Chemical            Uses to be deleted
----------------------------------------------------------------------------------------------------------------
10163-264............................  Formetanate              Formetanate HCl........  Apple, Peach & Pear.
                                        Hydrochloride
                                        Technical.
10163-265............................  Carzol SP Miticide/      Formetanate HCl........  Apple, Peach & Pear.
                                        Insecticide in Water
                                        Soluble Packaging.
WA010033.............................  Carzol SP Insecticide    Formetanate HCl........  Apple & Pear.
                                        in Water Soluble
                                        Packaging.
5481-8975............................  Orthene Technical......  Acephate...............  Succulent Green Beans.
70506-1..............................  Acephate 75 Insecticide  Acephate...............  Succulent Green Beans.
70506-2..............................  Acephate 90 Insecticide  Acephate...............  Succulent Green Beans.
70506-3..............................  Acephate Technical.....  Acephate...............  Succulent Green Beans.
70506-8..............................  Acephate 97UP            Acephate...............  Succulent Green Beans.
                                        Insecticide.
70506-71.............................  Acephate 90SP            Acephate...............  Succulent Green Beans.
                                        Manufacturing Use
                                        Product.
70506-76.............................  Acephate 90DF            Acephate...............  Succulent Green Beans.
                                        Insecticide.
81964-1..............................  Acephate Technical.....  Acephate...............  Succulent Green Beans.
81964-3..............................  Acephate 90% SP........  Acephate...............  Succulent Green Beans.
83558-35.............................  Acephate Technical.....  Acephate...............  Succulent Green Beans.
84229-7..............................  Tide Acephate 90 WDG...  Acephate...............  Succulent Green Beans.
----------------------------------------------------------------------------------------------------------------

    Table 2 of this unit includes the name and address of record for
the registrant of the products listed in Table 1 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
of this unit.

          Table 2--Registrants Requesting Voluntary Amendments
------------------------------------------------------------------------
            EPA Company No.                  Company name and address
------------------------------------------------------------------------
5481...................................  Amvac Chemical Corporation,
                                          4695 MacArthur Court, Suite
                                          1250, Newport Beach, CA 92660.
10163..................................  Gowan Company, P.O. Box 5569,
                                          Yuma, AZ 85366-5569.
70506..................................  United Phosphorus, Inc., 630
                                          Freedom Business Center, Suite
                                          402, King of Prussia, PA
                                          19406.
81964..................................  ChemStarr, LLC, 21 Hubble,
                                          Irvine, CA 92618.
83558..................................  Makhteshim Agan of North
                                          America, Inc., 4515 Falls of
                                          Neuse Road, Suite 300,
                                          Raleigh, NC 27609.
84229..................................  Tide International, USA, Inc.,
                                          21 Hubble, Irvine, CA 92618.
------------------------------------------------------------------------

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.
    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, FIFRA section 6(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 formetanate HCl and acephate registrants have requested that
EPA waive the 180-day comment period. Accordingly, EPA will provide a
30-day comment period on the proposed requests.

V. Procedures for Withdrawal of Requests

    Registrants who choose to withdraw a request for product
cancellation or use deletion 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 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 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 amendments to delete 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 amendments to
delete uses, EPA proposes to include the following provisions for the
treatment of any existing stocks of the products listed in Table 1 of
Unit III.
    Formetanate HCl registrants will be permitted to sell and
distribute existing stocks of products under the previously approved
labeling until November 30, 2011. Thereafter, registrants will be
prohibited from selling or distributing the products whose labels
include the deleted uses identified in Table 1 of Unit III., 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 products, including those of (24c) Special Local
Needs Registration, whose labels include the deleted uses until
December 31, 2013, provided that such sale, distribution, or use is
consistent with the terms of the previously approved labeling on, or
that accompanied, the deleted uses.
    Once EPA has approved amended acephate product labels reflecting
the requested amendments to delete the succulent green bean use,
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 deleted uses identified in Table 1 of Unit III., except for
export consistent with FIFRA section 17 or for proper disposal.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: June 30, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2011-17359 Filed 7-12-11; 8:45 am]
BILLING CODE 6560-50-P