[Federal Register: October 4, 2005 (Volume 70, Number 191)]
[Notices]
[Page 57886-57887]
[DOCID:fr04oc05-80]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

Agency Information Collection Activities: Proposed Collection;
Comment Request

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and
Response Directorate, U.S. Department of Homeland Security.

ACTION: Notice and request for comments.

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SUMMARY: The Federal Emergency Management Agency, as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public and other Federal agencies to take this opportunity
to comment on proposed continuing information collections. In
accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3506(c)(2)(A)), this notice seeks comments concerning Federal
Assistance for Offsite Radiological Emergency Planning.

SUPPLEMENTARY INFORMATION: Executive Order 12657, dated November 18,
1988, charged the Federal Emergency Management Agency (FEMA) and other
Federal agencies with emergency planning response in cases where State
and local governments have declined or failed to prepare emergency
plans. To implement Executive Order 12657, FEMA worked with the Nuclear
Regulatory Commission (NRC) and other Federal agencies on the Federal
Radiological Preparedness Coordinating Committee to develop regulation
44 CFR 352, Commercial Nuclear Power Plants: Emergency Preparedness
Planning. This regulation establishes policies and procedures for a
licensee submission of a certification of ``decline or fail,'' and for
FEMA determination concerning Federal assistance to the licensee; and
also establishes policies and procedures for providing Federal support
for offsite planning and preparedness.

Collection of Information

    Title: Federal Assistance for Offsite Radiological Emergency
Planning.
    Type of Information Collection: Extension of a currently approved
collection.
    OMB Number: 1660-0024.
    Form Numbers: None.
    Abstract: In accordance with Executive Order 12657, FEMA will need
certain information from the licensee in order to form a decision as to
whether or not a condition of ``decline or fail'' exists on the part of
State or local governments (44 CFR 352.3-4). This information will be
collected by the appropriate FEMA Regional Office or Headquarters. Also
in accordance with the Executive Order, when a licensee requests
Federal facilities or resources, FEMA will need information from the
NRC as to whether the licensee has made maximum use of its resources
and the extent to which the licensee has complied with 10 CFR 50.47
(c)(1) and 44 CFR 352.5. This information will be collected by the NRC
and will be provided to FEMA through consultation between the two
agencies.
    Affected Public: Business or Other For Profit (Nuclear Regulatory
Commission licensees of commercial nuclear power plants).
    Estimated Total Annual Burden Hours: 160.

                                               Annual Burden Hours
----------------------------------------------------------------------------------------------------------------
                                     Number of                     Burden hours       Annual       Total annual
    Project/activity (survey,       respondents    Frequency of   per respondent     responses     burden hours
   form(s), focus group, etc.)          (A)        responses (B)        (C)            (AxB)          (AxBxC)
----------------------------------------------------------------------------------------------------------------
Submit to the host FEMA Regional               1               1              40               1              40
 Director Certification that a
 decline or fail situation
 exists from the Chief Executive
 officer or Licensee............
Document why assistance is                     1               1              20               1              20
 needed.........................
Document request to and                        1               1              40               1              40
 responses from the Governor(s)
 or Local Officials with
 respects to efforts taken by
 Licensee to secure their
 participation, cooperation,
 commitment of resources or
 document timely correction of
 planning and preparedness
 failure........................
Document Licensee's maximum                    1               1              30               1              30
 feasible use of its resources..
Document efforts to secure the                 1               1              30               1              30
 use of State and Local
 government and volunteer
 resources......................
    Total.......................               1  ..............  ..............  ..............             160
----------------------------------------------------------------------------------------------------------------

    Estimated Cost: $4,171.
    Comments: Written comments are solicited to (a) evaluate whether
the proposed data collection is necessary for the proper performance of
the agency, including whether the information shall have practical
utility; (b) evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used; (c) enhance the
quality, utility, and clarity of the information to be collected; and
(d) minimize the burden of the collection of information on those who
are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. Comments should be received within 60 days of
the date of this notice.

ADDRESSES: Interested persons should submit written comments to Chief,
Records Management Section,

Information Resources Management Branch, Information Technology
Services Division, Federal Emergency Management Agency, Emergency
Preparedness and Response Directorate, Department of Homeland Security,
500 C Street, SW., Room 316, Washington, DC 20472.

FOR FURTHER INFORMATION CONTACT: Contact Vanessa E. Quinn, Chief,
Radiological Emergency Preparedness Section, Nuclear and Chemical
Hazards Branch,<PHONE_NUMBER> for additional information. You may
contact the Records Management Section for copies of the proposed
collection of information at facsimile number<PHONE_NUMBER> or e-mail
address<EMAIL_ADDRESS>
    Dated: September 27, 2005.
Darcy Bingham,
Branch Chief, Information Resources Management Branch, Information
Technology Services Division.
[FR Doc. 05-19814 Filed 10-3-05; 8:45 am]

BILLING CODE 9110-21-P


[Federal Register Volume 81, Number 15 (Monday, January 25, 2016)]
[Notices]
[Pages 4076-4080]
[FR Doc No: 2016-01308]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76931; File No. SR-FINRA-2016-002]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating to Alternative Trading System Volume and
Trading Information

January 19, 2016.
    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 January 8, 2016, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by FINRA. FINRA 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    FINRA is proposing to (i) delete from the FINRA rulebook Rule 4552,
which requires each alternative trading system (``ATS'') that has filed
a Form ATS with the SEC to report to FINRA weekly volume information
and number of trades regarding equity securities transactions within
the ATS; (ii) amend Rules 6110 and 6610 to add provisions regarding
FINRA's publication of ATS volume and trade count information for
equity securities, including information similar to what is currently
reported by ATSs pursuant to Rule 4552 as well as information regarding
ATS block transactions; and (iii) amend Rules 6183 and 6625 to require
ATSs seeking an exemption from FINRA trade reporting rules to provide
FINRA with a link to a publicly-available Web site that displays their
weekly equity volume information in a format substantially similar to
that used by FINRA.
    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA 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, FINRA 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. FINRA 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
(i) Background
    On January 17, 2014, the SEC approved a proposed rule change to (i)
adopt Rule 4552 (Alternative Trading

Systems--Trading Information for Securities Executed Within the
Alternative Trading System) to require ATSs \4\ to report to FINRA
weekly volume information and number of trades regarding securities
transactions within the ATS (``ATS Data'') and to publish the ATS Data
on a delayed basis on FINRA's Web site; \5\ and (ii) amend Rules 6160,
6170, 6480, and 6720 (``MPID Rules'') to require each ATS to acquire
and use a single, unique market participant identifier (``MPID'') when
reporting information to FINRA (``MPID Requirement'').\6\ The
implementation date for the reporting requirements under Rule 4552 was
May 12, 2014, and FINRA began publishing the ATS Data for equity
securities on its Web site on June 2, 2014.\7\ The MPID Requirement was
implemented on February 2, 2015.\8\ As the SEC noted in its order
approving Rule 4552 and the MPID Requirement, FINRA's response to
comments received on that proposal included a commitment by FINRA to
evaluate the continued need for self-reporting under Rule 4552 after
the MPID Requirement was in place and to ``eliminate the self-reporting
requirement for ATSs subject to FINRA trade reporting requirements if
the MPID [R]equirement is implemented and operating as anticipated.''
\9\ FINRA has conducted this evaluation, and the proposed rule change
eliminates the self-reporting requirement in Rule 4552 for ATSs in
light of the successful implementation of the MPID Requirement.\10\
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    \4\ Regulation ATS defines an ``alternative trading system'' as
``any organization, association, person, group of persons, or
system: (1) That constitutes, maintains, or provides a market place
or facilities for bringing together purchasers and sellers of
securities or for otherwise performing with respect to securities
the functions commonly performed by a stock exchange within the
meaning of [Exchange Act Rule 3b-16]; and (2) That does not: (i) Set
rules governing the conduct of subscribers other than the conduct of
such subscribers' trading on such organization, association, person,
group of persons, or system; or (ii) Discipline subscribers other
than by exclusion from trading.'' 17 CFR 242.300(a). Rule 4552
applies to any alternative trading system, as that term is defined
in Regulation ATS, that has filed a Form ATS with the Commission.
See Rule 4552(a).
    \5\ FINRA subsequently filed a proposed rule change to limit the
reporting requirements in Rule 4552 to equity securities and exclude
TRACE-Reportable Securities. See Securities Exchange Act Release No.
71911 (April 9, 2014), 79 FR 21316 (April 15, 2014) (Notice of
Filing and Immediate Effectiveness of File No. SR-FINRA-2014-017).
    \6\ See Securities Exchange Act Release No. 71341 (January 17,
2014), 79 FR 4213 (January 24, 2014) (Order Approving File No. SR-
FINRA-2013-042) (``ATS Approval Order''). The MPID Requirement was
subsequently amended to permit the use of two MPIDs by a single ATS
provided each MPID is used only to report to either the Trade
Reporting and Compliance Engine (``TRACE'') or one or more of
FINRA's equity reporting facilities. See Securities Exchange Act
Release No. 71911 (April 9, 2014), 79 FR 21316 (April 15, 2014)
(Notice of Filing and Immediate Effectiveness of File No. SR-FINRA-
2014-017).
    \7\ See Regulatory Notice 14-07 (February 2014).
    \8\ See Securities Exchange Act Release No. 73340 (October 10,
2014), 79 FR 62500 (October 17, 2014) (Notice of Filing and
Immediate Effectiveness of File No. SR-FINRA-2014-042).
    \9\ ATS Approval Order, supra note 6, 79 FR at 4215-16.
    \10\ FINRA and the SEC also noted that certain ATSs exempt from
FINRA's trade reporting rules (``Exempt ATSs'') may need to continue
reporting because Exempt ATSs would not be using a separate MPID to
report their volume due to the exemption. See ATS Approval Order,
supra note 6, 79 FR at 4216 n.34. As discussed in more detail below,
rather than require Exempt ATSs to continue to self-report volume
information pursuant to Rule 4552, FINRA has determined to require
any ATS that wishes to avail itself of the trade reporting exemption
to provide FINRA with a link to this information on a publicly-
available Web site. FINRA will include a link to this information on
its ATS Web site so that it is readily accessible to investors and
the public.
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    Rule 4552 requires individual ATSs to submit weekly reports to
FINRA regarding equity security volume information within the ATS,
including share volume and number of trades for both NMS stocks and OTC
Equity Securities.\11\ This information must be reported to FINRA on a
security-by-security basis within seven business days after the end of
each calendar week.\12\ The first reports pursuant to Rule 4552 were
due to FINRA by May 28, 2014, covering the week of May 12 through 16,
2014.\13\ After FINRA began receiving the self-reported data from ATSs,
FINRA began publishing on its Web site, on a delayed basis, the
reported information for each equity security for each ATS with
appropriate disclosures that the published volume numbers are based on
ATS-submitted reports and not on reports produced or validated by
FINRA.\14\ FINRA currently makes this data available on its Web site
through weekly reports listing aggregate volume and number of trades by
security for each ATS within the designated time period.\15\ Aggregate
reported information regarding NMS stocks in Tier 1 of the NMS Plan to
Address Extraordinary Market Volatility \16\ is published on a two-week
delayed basis.\17\ FINRA publishes the information on all other NMS
stocks and OTC Equity Securities subject to FINRA trade reporting
requirements on a four-week delayed basis.\18\
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    \11\ See Rule 4552(a) and (d)(4).
    \12\ See Rule 4552(a).
    \13\ See Regulatory Notice 14-07 (February 2014).
    \14\ See Rule 4552(b).
    \15\ The volume information is available at www.finra.org/ats.
    \16\ Tier 1 NMS stocks include those NMS stocks in the S&P 500
Index or the Russell 1000 Index and certain exchange-traded
products. See NMS Plan to Address Extraordinary Market Volatility.
FINRA makes changes to the Tier 1 NMS stocks in accordance with the
Indices. Changes to the S&P 500 are made on an as needed basis and
are not subject to an annual or semi-annual reconstitution. S&P
typically does not add new issues until they have been seasoned for
six to twelve months. Russell 1000 rebalancing typically takes
places in June.
    \17\ See Rule 4552(b)(1). Thus, for example, a typical reporting
scenario (i.e., no federal holidays) requires ATSs to report the
information for a given week by the second Tuesday following the
week. FINRA publishes the information regarding Tier 1 NMS stocks no
earlier than the following Monday. Information on all other equity
securities subject to FINRA trade reporting requirements is
published two weeks following the publication of information for the
Tier 1 NMS stocks.
    \18\ See Rule 4552(b)(2).
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    Rule 4552 also specifies how an ATS should calculate its volume to
ensure consistency and to avoid potential over-counting and requires
that, ``[w]hen calculating and reporting the volume of securities
traded and the number of trades, an alternative trading system shall
include only those trades executed within the alternative trading
system. If two orders are crossed by the alternative trading system,
the volume shall include only the number of shares crossed as a single
trade (e.g., crossing a buy order of 1,000 shares with a sell order of
1,000 shares would be calculated as a single trade of 1,000 shares of
volume).'' \19\ Thus, for example, an ATS only reports trades executed
within the ATS (not orders routed out of the ATS) and only reports the
volume of each executed trade once (not separate or double counting for
the buy and sell side of the trade). Supplementary Material .01 to Rule
4552 provides further guidance on how to calculate volume for reporting
purposes and notes that ``[i]f an ATS routes an order to another member
firm or other execution venue for handling or execution where that
initial order matches against interest resident at the other venue,
then the ATS would not not [sic] . . . include such volume for
reporting purposes.''
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    \19\ See Rule 4552(c).
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    In addition to the reporting requirements under Rule 4552, the MPID
Rules generally require that a member operating an ATS obtain for each
such ATS a single, unique MPID that is designated for exclusive use for
reporting each ATS's transactions.\20\ Members that operate multiple
ATSs or engage in other lines of business requiring the use of MPIDs
are required

to obtain and use multiple MPIDs, and if a firm operates multiple ATSs,
each ATS must have its own MPID. Firms are required to notify FINRA
before changing the usage of the MPID in any way (e.g., repurposing an
MPID from reflecting ATS activity to other trading activity at the
firm). After an ATS is provided its MPID, any reporting by the ATS--
either reporting trades to a FINRA TRF, the Alternative Display
Facility, the OTC Reporting Facility, TRACE, or reporting orders to the
Order Audit Trail System (``OATS'')--must include the MPID assigned to
the particular ATS, and the member must use the separate MPID to report
all transactions executed within the ATS to the appropriate reporting
facility. Finally, the MPID Rules prohibit a member from using an MPID
assigned to an ATS to report any transaction that is not executed
within the ATS and require members to have policies and procedures in
place to ensure that trades reported with a separate MPID obtained
under the rules are restricted to trades executed within the ATS.
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    \20\ See Rule 6160 (Multiple MPIDs for Trade Reporting Facility
Participants); Rule 6170 (Primary and Additional MPIDs for
Alternative Display Facility Participants); Rule 6480 (Multiple
MPIDs for Quoting and Trading in OTC Equity Securities). As noted
above, an ATS is permitted to use two separate MPIDs if one MPID is
used exclusively for reporting transactions to TRACE and the other
MPID is used exclusively for reporting transactions to the equity
trade reporting facilities. See Rule 6160(d); Rule 6170(e); Rule
6480(d).
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(ii) MPID Requirement Implementation and Evaluation
    Under FINRA's trade reporting rules, orders that are crossed by an
ATS are reported to the appropriate FINRA trade reporting facility by
the ATS.\21\ The MPID Requirement--which requires ATSs to use a single,
unique MPID when reporting trades within the ATS to an equity trade
reporting facility--became effective on February 2, 2015. Since that
time, FINRA has been able to calculate the trading volume for ATSs,
other than Exempt ATSs, through the trade reports submitted using the
ATS's MPID. FINRA has been comparing the information reported by ATSs
pursuant to Rule 4552 to information generated by FINRA from trade
reports since the MPID Requirement was implemented.
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    \21\ See Securities Exchange Act Release No. 58903 (November 5,
2008), 73 FR 67905, at 67906 (November 17, 2008) (Order Approving
File No. SR-FINRA-2008-011) (``Under the proposed rule change, an
[ATS] . . . would be the executing party and would have the
reporting obligation where the transaction is executed on the
ATS.''); see also Regulatory Notice 09-08 (January 2009).
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    For most weeks since the implementation of the MPID Requirement,
over 75% of ATSs have exact matches between self-reported data and
trade reporting data, and there has been a 99.99% overall match rate
between self-reported ATS volume and trade reporting volume for ATSs
that submit trade reports on the same basis that they calculate volume
information pursuant to Rule 4552.\22\ Where differences between the
self-reported data and the trade reporting data have been detected by
FINRA staff, these differences have almost always been errors in the
self-reporting of data by ATSs rather than errors in calculating volume
based on trade reporting data. For example, FINRA has found errors such
as ATSs including cancelled or reversed trades in the calculations or
double-counting certain volume.
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    \22\ The 99.99% match rate excludes three ATSs that trade equity
securities and, under current guidance or exemptions, will not
match: One is an Exempt ATS; one ATS reports trades to a FINRA
facility but excludes trades that are matched on an Exempt ATS
pursuant to the guidance on volume calculation in Supplementary
Material .01 to Rule 4552; and one ATS matches orders but routes
some of those matched orders for execution to a third party broker-
dealer that executes and reports the trade to FINRA. In each of
these three unique circumstances, the trade reports will not match
the data reported pursuant to Rule 4552.
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    Based on this comparison over the past several months, FINRA
believes that, going forward, disseminating ATS volume information
based on trade reporting data, rather than self-reported data, will
provide a more accurate calculation of ATS volume. Consequently, the
proposed rule change replaces the ATS reporting obligations in Rule
4552 with a dissemination provision in Rule 6110 (for NMS stocks) and
Rule 6610 (for OTC Equity Securities). The information disseminated by
FINRA under the Rules will be substantially the same as that currently
disseminated under Rule 4552; however, with the exception of Exempt
ATSs, the obligation to calculate the information will shift from the
ATSs to FINRA. As discussed below and noted above, however, some of the
data calculations will change for ATSs that match orders using an
Exempt ATS and ATSs that otherwise have unique trade reporting
situations that result in trade reporting data not aligning with the
ATS's current calculation methodology under Rule 4552.
(iii) Exempt ATSs
    By shifting ATS volume calculations from self-reported ATS data to
trade reporting data, FINRA will not have transaction information for
Exempt ATSs because they do not report trades to FINRA under existing
exemptive rules.\23\ Because FINRA believes this information will
remain important to investors and to the public, Exempt ATSs that wish
to continue to have an exemption from the trade reporting requirements
must continue to calculate their volume in the same manner they
currently do under Rule 4552; however, rather than report the
information to FINRA, the proposed rule change moves the requirement,
including all of the calculation requirements and guidance, into Rules
6183 and 6625 and requires Exempt ATSs to provide FINRA with a link to
the information. The information at that link must be publicly
available at no charge and must appear in a substantially similar
format as the ATS volume information that FINRA makes available.
Supplementary Material .01 to the rules makes clear that, in order for
data posted at the link to be in a ``substantially similar format''
under the rule, the data must include the same data elements for the
same timeframes, be accessible in the same manner as FINRA makes data
available (e.g., downloadable), and include data for the same time
periods (including current and historical data). FINRA will use the
link provided by the Exempt ATS and make the link available on its
public Web site so that investors and other members of the public can
freely and readily access Exempt ATS volume information.
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    \23\ See Rules 6183 and 6625.
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    Because the amendments to Rules 6183 and 6625 incorporate the
calculation provisions from Rule 4552, the calculation of Exempt ATS
volume information will not change as a result of the proposed rule
change; however, the information will be published by the Exempt ATS
with a link from FINRA's Web site rather than be reported to FINRA and
displayed directly on FINRA's Web site. By shifting the basis of ATS
Data from self-reported data to trade reporting data, the calculations,
and thus the displayed data, will change primarily for those ATSs that
currently exclude transactions involving Exempt ATSs from their reports
under Rule 4552. These ATSs report trades to FINRA using their ATS MPID
(including those trades that are matched through an Exempt ATS);
consequently, those trades involving Exempt ATSs that are currently
excluded pursuant to Supplementary Material .01 to Rule 4552 will be
included in the volume calculations once the calculations are based on
trade reporting data.\24\
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    \24\ This category of trades will also be included in the Exempt
ATS's volume calculations. FINRA will note this potential double-
counting on its Web site to ensure users of the ATS data are aware
of this double-counting.
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(iv) ATS Block Data
    With the implementation of the MPID Requirement, FINRA now has
access to trade-by-trade reporting data from ATSs. The MPID Requirement
also allows FINRA to aggregate and categorize ATS trading data in
additional ways, and FINRA has been considering additional data that
may be useful to investors and the public, particularly with respect to
larger-sized, or ``block,'' trades.

Following discussions with numerous ATSs, broker-dealers, and FINRA
committees, the proposed rule change also provides that FINRA will
publish on its public Web site monthly aggregate ATS block trading
statistics, with the specific elements to be determined from time to
time by FINRA in its discretion as stated in a Regulatory Notice or
other equivalent publication, for each ATS.\25\ FINRA believes that
these statistics would prove beneficial to firms and the general public
and provide interested parties with more detailed information on ATS
trading activities, thus enhancing transparency in the over-the-counter
market, and the proposed rule change would provide FINRA with a limited
ability to change or refine the data fields for ATS block trades to
respond to user needs or improve the usefulness of the data.
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    \25\ FINRA notes that announcement of the specific elements in a
Regulatory Notice or other equivalent publication is similar to the
manner in which FINRA announces the data elements and fields
included in Historic TRACE Data. See Rules 7730(d) and (f)(4); see
also Regulatory Notice 10-14 (March 2010).
---------------------------------------------------------------------------

    Although FINRA will announce in a Regulatory Notice the specific
elements that will be published, the rule provides that the statistics
regarding ATS block trades will be aggregated across all NMS stocks
(i.e., there will be no security-by-security block data),\26\ will be
for a minimum time period of one month of trading,\27\ and will be
published no earlier than one month following the end of the month for
which trading was aggregated. Rather than strictly define a block
transaction, FINRA concluded it would be most beneficial to provide
firms and the public with information on block transactions using
share-based thresholds, dollar-based thresholds, and thresholds that
include both shares and dollar amount. Initially, FINRA anticipates
that the ATS block data elements listed below will be published under
Rule 6110; however, FINRA will formally announce the elements in a
Regulatory Notice.\28\ FINRA currently anticipates that the thresholds
for block trades will be the following:
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    \26\ The proposed rule change does not include OTC Equity
Securities in the initial dissemination phase for block trades, due
largely to the wide variance of trading activity in these securities
and the difficulty associated with determining thresholds that are
appropriate across this class of securities. However, FINRA intends
to reassess whether, in the future, the publication of block data
should be expanded to include trades in OTC Equity Securities or
some subset thereof.
    \27\ All monthly information will be calculated using calendar
months. Because the reports will be based on aggregated monthly data
rather than weekly data and includes all NMS stocks, Tier 1 and Tier
2 NMS stocks will not be treated differently for purposes of block
trading statistics.
    \28\ FINRA anticipates that any changes to the elements or the
addition of any new elements will be published well in advance of
implementation to provide an opportunity for comment by any
interested parties. As noted above, for trades executed on an ATS,
the ATS is required to report the trade using its MPID.
Consequently, the publication by FINRA of ATS block data will not
impose any additional obligations on ATSs.

[cir] 10,000 or more shares
[cir] $200,000 or more in dollar value
[cir] 10,000 or more shares and $200,000 or more in dollar value
[cir] 2,000 to 9,999 shares
[cir] $100,000 to $199,999 in dollar value
[cir] 2,000 to 9,999 shares and $100,000 to $199,999 in dollar value

    For each of these thresholds, FINRA intends to publish trade count
and volume information for each ATS aggregated across all NMS stocks.
As a convenience for users, FINRA also anticipates calculating and
displaying the average trade size and each ATS's rank as well as block
market share (i.e., the proportion of each ATS's block trading volume
in relation to total block trading by all ATSs) and block business
share (i.e., the proportion of a particular ATS's overall trading
volume that was done as block trades) and rankings of those
metrics.\29\
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    \29\ Both the block business share and the rankings would be
determined using the data FINRA is proposing to make publicly
available; thus, these metrics would be calculated and provided by
FINRA merely as a service to users to enable them to determine this
information more readily. Monthly total ATS share volume and trades
are calculated in order to derive the block business share, so those
values and their market share and ranking would also be published as
a service to users.
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    FINRA believes that ATS block trading data will be helpful for
firms to inform their routing decisions and that FINRA's data, because
it would be based on the trade reports submitted by the ATSs, would be
more accurate and complete than existing sources of this information.
In addition, FINRA believes that monthly aggregated data across all NMS
stocks published on a one-month delayed basis will avoid any potential
information leakage concerns.
    FINRA has filed the proposed rule change for immediate
effectiveness. The implementation date for the deletion of Rule 4552,
the amendments to Rules 6183 and 6625, and the publication of ATS
volume and trade count information (except for ATS block data) pursuant
to the amendments to Rules 6110 and 6610 will be February 9, 2016.
Consequently, ATSs will be required to calculate their volume
information pursuant to Rule 4552 through January 31, 2016, and will
have until February 9, 2016, to report this data to FINRA.\30\ FINRA
will begin calculating ATS volume data based on trade reports beginning
February 1, 2016. FINRA will announce the implementation date for these
amendments no later than seven days following the filing of the
proposed rule change for immediate effectiveness. FINRA will announce
the implementation date for the publication of ATS block data in a
Regulatory Notice to be published no later than 90 days following
publication of the Commission's notice of the filing of the proposed
rule change for immediate effectiveness in the Federal Register. The
implementation date for the publication of ATS block data will be no
later than 180 days after publication of the Regulatory Notice.
---------------------------------------------------------------------------

    \30\ As discussed above, ATSs exempt from FINRA trade reporting
requirements will continue to calculate their volume using the same
calculation methodology after Rule 4552 is removed from the FINRA
rulebook pursuant to amended Rules 6183 and 6625. As with all ATSs,
however, the reporting requirements of Rule 4552 will no longer
apply beginning with the trading week of February 1, 2016. Instead,
ATSs continuing to rely on the exemption will begin providing FINRA
with a link to their data on the same timeframe as FINRA posts the
data for other ATSs.
---------------------------------------------------------------------------

2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\31\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the weekly ATS volume statistics
have significantly enhanced transparency and understanding into trading
activity on ATSs in the over-the-counter market. FINRA believes that,
with the successful implementation of the MPID Requirement,
transitioning the source of this information from self-reported data to
trade reporting data enhances the reliability of the data while also
reducing the reporting and compliance burden on firms and ATSs. FINRA
believes that the proposal to publish ATS block trading data will
provide additional transparency into ATS activity and enhance market
participants' and investors' understanding of the over-the-counter
market.
---------------------------------------------------------------------------

    \31\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.
    FINRA notes that the publication of ATS block trading information
as

described above would not impose any additional reporting requirements
on ATSs because the data will be derived solely from trade reports
submitted to the FINRA equity trade reporting facilities. FINRA
believes that the proposal will have minimal to no impact on firms from
a systems development perspective while significantly benefiting the
marketplace as a whole. Thus, the proposal will provide additional
transparency into ATS trading activity by enabling market participants
and investors to have a better understanding of ATS block trading
volume at no required cost to firms or ATSs.
    The proposed rule change would expand the benefits of FINRA's ATS
transparency program by providing additional transparency on monthly
aggregate block trading on ATSs. The additional information may help
market participants and investors to enhance their understanding of
trading activity on ATSs and inform routing decisions based on this
information. As discussed above, the proposal to publish ATS block
trading volume would not impose any additional reporting requirements
on firms, and as a result would have no direct impact on firms. Some
firms may choose to incur costs to verify the information FINRA
publishes, but these cost are voluntary and are also likely to be
minimal.

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

    Written comments were neither solicited nor received. As noted
above, however, FINRA received written comments on the proposed rule
change to adopt Rule 4552 and the MPID Requirement, many of which
requested that FINRA eliminate Rule 4552 once the MPID Requirement was
implemented and functioning as intended.\32\ The current proposed rule
change addresses this concern expressed by earlier commenters by
eliminating the reporting requirements in Rule 4552.
---------------------------------------------------------------------------

    \32\ See ATS Approval Order, supra note 6, 79 FR at 4215.
---------------------------------------------------------------------------

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) of the Act \33\ and Rule 19b-
4(f)(6) thereunder.\34\
---------------------------------------------------------------------------

    \33\ 15 U.S.C. 78s(b)(3)(A).
    \34\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    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_ADDRESS>Please include
File Number SR-FINRA-2016-002 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-FINRA-2016-002. 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 Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site 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 such filing also will be available
for inspection and copying at the principal office of FINRA. 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-FINRA-2016-002, and should
be submitted on or before February 16, 2016.
---------------------------------------------------------------------------

    \35\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\35\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-01308 Filed 1-22-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)]
[Notices]
[Pages 4082-4083]
[FR Doc No: 2018-01599]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-148, OMB Control No. 3235-0133]

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Rule 17a-19 and Form X-17A-19.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for approval of extension of the
previously approved collection of information provided for in Rule 17a-
19 (17 CFR 240.17a-19) and Form X-17A-19 of the Securities Exchange Act
of 1934 (15 U.S.C. 78a et seq.).
    Rule 17a-19 requires every national securities exchange and
registered national securities association to file a Form X-17A-19 with
the Commission and the Securities Investor Protection Corporation
(``SIPC'') within 5 business days of the initiation, suspension, or
termination of any member and, when terminating the membership interest
of any member, to notify that member of its obligation to file
financial reports as

required by Exchange Act Rule 17a-5(b).\1\
---------------------------------------------------------------------------

    \1\ 17 CFR 240.17a-5(b).
---------------------------------------------------------------------------

    Commission staff anticipates that the national securities exchanges
and registered national securities associations collectively will make
800 total filings annually pursuant to Rule 17a-19 and that each filing
will take approximately 15 minutes. The total reporting burden is
estimated to be approximately 200 total annual hours.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    The public may view background documentation for this information
collection at the following website: www.reginfo.gov. Comments should
be directed to: (i) Desk Officer for the Securities and Exchange
Commission, Office of Information and Regulatory Affairs, Office of
Management and Budget, Room 10102, New Executive Office Building,
Washington, DC 20503, or by sending an email to:
[email protected]; and (ii) Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE, Washington, DC 20549, or by sending an
email to: [email protected]. Comments must be submitted to OMB within
30 days of this notice.

    Dated: January 24, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-01599 Filed 1-26-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 92 (Monday, May 13, 2019)]
[Notices]
[Pages 20873-20875]
[FR Doc No: 2019-09718]

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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: EC19-84-000.

    Applicants: Oregon Trail Wind Park, LLC, Payne's Ferry Wind Park,
LLC, Pilgrim Stage Station Wind Park, LLC, Yahoo Creek Wind Park, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act, et al. of Oregon Trail Wind Park, LLC, et al.
    Filed Date: 5/2/19.
    Accession Number: 20190502-5140.
    Comments Due: 5 p.m. ET 5/23/19.

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

    Docket Numbers: EG19-95-000.
    Applicants: Glen Ullin Energy Center, LLC.
    Description: Self-Certification of EG or FC of Glen Ullin Energy
Center, LLC.
    Filed Date: 5/3/19.
    Accession Number: 20190503-5112.
    Comments Due: 5 p.m. ET 5/24/19.

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

    Docket Numbers: ER10-2718-032; ER10-2719-032.
    Applicants: Cogen Technologies Linden Venture, L.P., East Coast
Power Linden Holding, L.L.C.
    Description: Supplement to November 26, 2018 Notice of Non-Material
Change in Status of Cogen Technologies Linden Venture, L.P., et al.
    Filed Date: 5/3/19.
    Accession Number: 20190503-5084.
    Comments Due: 5 p.m. ET 5/24/19.

    Docket Numbers: ER17-1531-003.
    Applicants: CPV Fairview, LLC.
    Description: Supplement to January 17, 2019 Notice of Change in
Status of CPV Fairview, LLC.
    Filed Date: 5/3/19.
    Accession Number: 20190503-5100.
    Comments Due: 5 p.m. ET 5/24/19.

    Docket Numbers: ER19-1153-001.
    Applicants: California Independent System Operator Corporation.
    Description: Tariff Amendment: 2019-05-03 Deficiency Filing
Inverter-Based Interconnection Requirements to be effective 4/30/2019.
    Filed Date: 5/3/19.
    Accession Number: 20190503-5081.
    Comments Due: 5 p.m. ET 5/24/19.

    Docket Numbers: ER19-1339-001.
    Applicants: Duke Energy Progress, LLC.
    Description: Tariff Amendment: Clarifying Amendment to Recovery of
Storm Rates and Reqt for Expedited Action to be effective 5/15/2019.
    Filed Date: 5/3/19.
    Accession Number: 20190503-5066.
    Comments Due: 5 p.m. ET 5/10/19.

    Docket Numbers: ER19-1374-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Tariff Amendment: 2019-05-02_SA 3271 Bondurant-
Montezuma 345kV Structure Replacement Sub MPFCA to be effective 3/20/
2019.
    Filed Date: 5/2/19.
    Accession Number: 20190502-5095.
    Comments Due: 5 p.m. ET 5/13/19.

    Docket Numbers: ER19-1375-001.
    Applicants: Midcontinent Independent System Operator, Inc..
    Description: Tariff Amendment: 2019-05-03_SA 3273 150 Mvar Cap Bank
at Blackhawk 345kV Sub MPFCA to be effective 3/20/2019.
    Filed Date: 5/3/19.
    Accession Number: 20190503-5036.
    Comments Due: 5 p.m. ET 5/13/19.

    Docket Numbers: ER19-1378-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Tariff Amendment: 2019-05-03_SA 3274 1x50 Mvar Cap
Bank at Midport 161 kV MPFCA Sub to be effective 3/20/2019.
    Filed Date: 5/3/19.
    Accession Number: 20190503-5096.
    Comments Due: 5 p.m. ET 5/13/19.

    Docket Numbers: ER19-1639-001.
    Applicants: South Peak Wind LLC.
    Description: Tariff Amendment: Amendment to market-based rate
application to be effective 6/21/2019.
    Filed Date: 5/3/19.
    Accession Number: 20190503-5042.
    Comments Due: 5 p.m. ET 5/24/19.

    Docket Numbers: ER19-1771-000.
    Applicants: GridLiance Heartland LLC.
    Description: Limited Revisions to Attachment O Formula Rate
Template and Implementation Protocols of GridLiance Heartland LLC..
    Filed Date: 5/2/19.
    Accession Number: 20190502-5139.
    Comments Due: 5 p.m. ET 5/23/19.

    Docket Numbers: ER19-1772-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA, Service
Agreement No. 4121, Queue No. NQ113 to be effective 2/25/2019.
    Filed Date: 5/3/19.
    Accession Number: 20190503-5041.
    Comments Due: 5 p.m. ET 5/24/19.

    Docket Numbers: ER19-1773-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: Three Rocks Solar (Evergreen
Solar) LGIA Filing to be effective 4/22/2019.
    Filed Date: 5/3/19.
    Accession Number: 20190503-5043.
    Comments Due: 5 p.m. ET 5/24/19.

    Docket Numbers: ER19-1774-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: Turkey Run LGIA Filing to be
effective 4/22/2019.
    Filed Date: 5/3/19.
    Accession Number: 20190503-5044.
    Comments Due: 5 p.m. ET 5/24/19.

    Docket Numbers: ER19-1775-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: SCE Recollation of TO Tariff
Filing 2b of 3 to be effective 5/1/2019.
    Filed Date: 5/3/19.
    Accession Number: 20190503-5048.
    Comments Due: 5 p.m. ET 5/24/19.

    Docket Numbers: ER19-1776-000.
    Applicants: Southern California Edison Company.
    Description: Tariff Cancellation: Notice of Cancellation GIA & DSA
Dwight ES 1 Project SA Nos. 1055-1056 to be effective 4/29/2019.
    Filed Date: 5/3/19.
    Accession Number: 20190503-5062.
    Comments Due: 5 p.m. ET 5/24/19.

    Docket Numbers: ER19-1777-000.
    Applicants: Midwest Energy, Inc.
    Description: Petition for Temporary Waiver of Midwest Energy, Inc.
    Filed Date: 5/3/19.
    Accession Number: 20190503-5063.
    Comments Due: 5 p.m. ET 5/24/19.

    Docket Numbers: ER19-1778-000.
    Applicants: Glen Ullin Energy Center, LLC.
    Description: Baseline eTariff Filing: Market-Based Rate Application
to be effective 5/6/2019.
    Filed Date: 5/3/19.
    Accession Number: 20190503-5092.
    Comments Due: 5 p.m. ET 5/24/19.

    Docket Numbers: ER19-1779-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2019-05-03_SA 1632 ITC
Midwest-Osceola Windpower 3rd Rev GIA (G426 G538) to be effective 4/19/
2019.
    Filed Date: 5/3/19.
    Accession Number: 20190503-5094.
    Comments Due: 5 p.m. ET 5/24/19.

    Docket Numbers: ER19-1780-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3550 WAPA & City of Moorhead
MN Interconnection Agreement to be effective 5/2/2019.
    Filed Date: 5/3/19.
    Accession Number: 20190503-5114.
    Comments Due: 5 p.m. ET 5/24/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings

must file in accordance with Rules 211 and 214 of the Commission's
Regulations (18 CFR 385.211 and 385.214) 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>.

    Dated: May 3, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-09718 Filed 5-10-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: November 4, 2009 (Volume 74, Number 212)]
[Notices]
[Page 57211-57212]
[DOCID:fr04no09-112]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Monday, November
9, 2009 at 10 a.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one of the exemption set forth in 5
U.S.C. 552b(c)(10) and 17 CFR 200.402(a)(10), permit consideration of
the scheduled matter at the Closed Meeting.
    Commissioner Aguilar, as duty officer, voted to consider the item
listed for the Closed Meeting in a closed session.
    The subject matter of the Closed Meeting scheduled for Monday,
November 9, 2009 will be:
    Consideration of amicus participation.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been

added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: November 2, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-26721 Filed 11-2-09; 4:15 pm]

BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 193 (Thursday, October 6, 2022)]
[Notices]
[Pages 60669-60670]
[FR Doc No: 2022-21783]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP16-454-000; CP16-454-003; CP16-455-000; CP16-455-002]

Rio Grande LNG, LLC; Rio Bravo Pipeline Company, LLC; Notice
Seeking Public Comment on Responses to Information Requests

    On May 5, 2016, Rio Grande LNG, LLC (Rio Grande) filed an
application under section 3 of the Natural Gas Act (NGA) \1\ and Part
153 of the Commission's regulations \2\ for authorization to construct
and operate a liquefied natural gas (LNG) export terminal on the north
embankment of the Brownsville Ship Channel in Cameron County, Texas. At
the same time, Rio Bravo Pipeline Company, LLC (Rio Bravo) filed an
application under NGA section 7(c) \3\ and Part 157 of the Commission's
regulations \4\ for authorization to construct and operate a natural
gas pipeline system that would deliver gas to the terminal for
liquefaction and export. On November 22, 2019, the Commission
authorized Rio Grande's and Rio Bravo's respective proposals, subject
to conditions.\5\ On August 3, 2021, the U.S. Court of Appeals for the
D.C. Circuit (D.C. Circuit) partially remanded, but did not vacate, the
Commission's authorization.\6\ On August 16, 2022, and August 31, 2022,
Commission staff issued environmental information requests to Rio
Grande in order to address deficiencies noted in the D.C. Circuit's
August 3, 2021 decision. Rio Grande responded to Commission staff's
information requests on August 22,

2022, and September 15, 2022.\7\ Similarly on May 2 and May 10, 2022,
Commission staff issued information requests to Rio Bravo to address
deficiencies noted in the D.C. Circuit's August 3, 2021 decision, to
which Rio Bravo provided responses on June 1, 2022.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 717b.
    \2\ 18 CFR part 153 (2021).
    \3\ 15 U.S.C. 717f(c).
    \4\ 18 CFR part 157 (2021).
    \5\ Rio Grande LNG, LLC, 169 FERC ] 61,131 (2019), order on
reh'g, 170 FERC ] 61,046 (2020).
    \6\ Vecinos para el Bienestar de la Comunidad Costera v. FERC, 6
F.4th 1321, 1332 (D.C. Cir. 2021) (remanding orders without vacatur
for the Commission to redress deficiencies regarding its analyses of
project impacts on climate change and environmental justice
communities).
    \7\ Rio Grande submitted a partial response on August 22, 2022,
addressing questions related to air modeling and environmental
justice.
---------------------------------------------------------------------------

    By this notice, Commission staff requests public comments on the
issues addressed in Rio Grande's and Rio Bravo's responses to staff's
above-referenced information requests of May 2, May 10, August 16, and
August 31, 2022, regarding environmental justice communities, visual
impacts, air quality modeling, and emergency planning. Any person
wishing to comment on these issues may do so.
    To ensure that your comments within the scope of this notice are
timely and properly recorded, please submit your initial comments no
later than October 21, 2022. Reply comments are due no later than
November 4, 2022.
    There are three methods you can use to submit your comments to the
Commission. Please carefully follow these instructions so that your
comments are properly recorded. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or [email protected].
    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. Using eComment is an easy method for
submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; a comment on a particular project is considered a ``Comment
on a Filing'';
    (3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (CP16-
454-000 and CP16-455-000) on your letter. Submissions sent via the U.S.
Postal Service must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE, Room 1A,
Washington, DC 20426. Submissions sent via any other carrier must be
addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
    Additional information about the project, including copies of the
above-referenced information requests and responses, are available from
the Commission's Office of External Affairs, at (866) 208-FERC, or on
the FERC website at www.ferc.gov using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number
in the ``Docket Number'' field. Be sure you have selected an
appropriate date range. For assistance, please contact FERC Online
Support at [email protected] or<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of all formal documents issued by the Commission, such as orders,
notices, and rulemakings.

    Dated: September 30, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-21783 Filed 10-5-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 33 (Thursday, February 19, 2015)]
[Notices]
[Pages 8868-8869]
[FR Doc No: 2015-03477]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL 9921-30-Region 2]

Tentative Approval and Solicitation of Request for a Public
Hearing for Public Water System Supervision Program Revision for Puerto
Rico

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Notice is hereby given that the Commonwealth of Puerto Rico is
revising its approved Public Water System Supervision Program to adopt
the Environmental Protection Agency's (EPA)'s National Primary Drinking
Water Regulations for one major rule. The EPA has determined that this
revision is no less stringent than the corresponding Federal
regulations. Therefore, the EPA intends to approve this program
revision. All interested parties may request a public hearing.

DATES: A request for a public hearing must be submitted to the Regional
Administrator at the address shown below March 23, 2015. If no timely
and appropriate request for a hearing is received and the Regional
Administrator does not elect to hold a hearing on her own motion, this
determination shall become final and effective March 23, 2015. More
information on requesting a public hearing can be found in the
SUPPLEMENTARY INFORMATION section of this document.

ADDRESSES: Requests for Public Hearing shall be addressed to: Regional
Administrator, U.S. Environmental Protection Agency--Region 2, 290
Broadway, New York, New York 10007-1866.
    All documents relating to this determination are available for
inspection between the hours of 9:00 a.m. and 4:30 p.m., Monday through
Friday, excluding legal holidays, at the following offices:

Puerto Rico Department of Health, PO Box 70184, San Juan, Puerto Rico
00936-8184
U.S. Environmental Protection Agency--Region 2, 24th Floor

Drinking Water Ground Water Protection Section, 290 Broadway, New York,
New York 10007-1866

FOR FURTHER INFORMATION CONTACT: Michael J. Lowy, Drinking Water Ground
Water Protection Section, U.S. Environmental Protection Agency--Region
2,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the United
States Environmental Protection Agency (EPA) has determined to approve
an application by the Commonwealth of Puerto Rico Department of Health
to revise its Public Water Supply Supervision Primacy Program to
incorporate a regulation no less stringent than the EPA's National
Primary Drinking Water Regulations (NPDWR) for National Primary
Drinking Water Regulation: Revisions to the Total Coliform Rule, Final
Rule, promulgated by EPA February 13, 2013 (78 FR 10269).
    The application demonstrates that Puerto Rico has adopted drinking
water regulations which satisfy the NPDWRs for the above. The USEPA has
determined that Puerto Rico's regulations are no less stringent than
the corresponding Federal Regulations and that Puerto Rico continues to
meet all requirements for primary enforcement responsibility as
specified in 40 CFR 142.10.

    Authority: (Section 1413 of the Safe Drinking Water Act, as
amended, 40 U.S.C. 300g-2, and 40 CFR 142.10, 142.12(d) and 142.13).

    This determination to approve Puerto Rico's primacy program
revision application is made pursuant to 40 CFR 142.12(d)(3). It shall
become final and effective unless (1) a timely and appropriate request
for a public hearing is received or (2) the Regional Administrator
elects to hold a public hearing on her own motion. Any interested
person, other than Federal Agencies, may request a public hearing.
    If a substantial request for a public hearing is made within the
requested thirty day time frame, a public hearing will be held and a
notice will be given in the Federal Register and a newspaper of general
circulation. Frivolous or insubstantial requests for a hearing may be
denied by the Regional Administrator.
    Any request for a public hearing shall include the following
information: (1) Name, address and telephone number of the individual,
organization or other entity requesting a hearing; (2) a brief
statement of the requesting person's interest in the Regional
Administrator's determination and a brief statement on information that
the requesting person intends to submit at such hearing; and (3) the
signature of the individual making the requests or, if the request is
made on behalf of an organization or other entity, the signature of a
responsible official of the organization or other entity.

    Dated: January 28, 2015.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2015-03477 Filed 2-18-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 40 (Wednesday, February 28, 2018)]
[Rules and Regulations]
[Pages 8616-8619]
[FR Doc No: 2018-04108]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2017-0257; FRL-9972-63]

Titanium Dioxide; Exemption From the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of titanium dioxide (CAS Reg. No. 13463-67-
7) in pre-harvest crops when used as an inert ingredient (colorant) at
a concentration of not more than 45% in foliar applications of
pesticide formulations containing anthraquinone. Landis International,
Inc., on behalf of Arkion Life Sciences, LLC submitted a petition to
EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting
establishment of an exemption from the requirement of a tolerance. This
regulation eliminates the need to establish a maximum permissible level
for residues of titanium dioxide resulting from this use.

DATES: This regulation is effective February 28, 2018. Objections and
requests for hearings must be received on or before April 30, 2018, 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-2017-0257, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

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

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

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

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

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

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

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2017-0257 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
April 30, 2018. 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-2017-0257, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Petition for Exemption

    In the Federal Register of September 15, 2017 (82 FR 43352) (FRL-
9965-43), EPA issued a document pursuant to FFDCA section 408, 21
U.S.C. 346a, announcing the filing of a pesticide petition (PP IN-
11010) by Landis International, Inc., on behalf of Arkion Life
Sciences, LLC., 551 Mews Drive, Suite J, New Castle DE 19720. The
petition requested that 40 CFR 180.920 be amended by establishing an
exemption from the requirement of a tolerance for residues of titanium
dioxide (CAS Reg. No. 13463-67-7) in pre-harvest crops when used as an
inert ingredient (colorant) at a concentration not more than 45% by
weight in pesticide formulations containing anthraquinone. That
document referenced a summary of the petition prepared by Landis
International Inc., on behalf of Arkion Life Sciences, LLC, the
petitioner, 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 is
establishing an exemption from the requirement of a tolerance in 40 CFR
180.1195, instead of 40 CFR 180.920 as requested. Exemptions under
section 180.920 cover residues applied to growing crops. Because the
petitioner requested an exemption to cover residues only in pre-harvest
crops with foliar pesticide applications containing anthraquinone, the
Agency has determined that the broader exemption in section 180.920 is
not appropriate. For ease of reference, the Agency is establishing this
exemption in section 180.1195, which contains other limited exemptions
for residues of titanium dioxide.

III. Inert Ingredient Definition

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

IV. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the 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. . . .''
    EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be clearly demonstrated that the risks from
aggregate exposure to pesticide chemical residues under reasonably
foreseeable circumstances will pose no appreciable risks to human
health. In order to determine the risks from aggregate exposure to
pesticide inert ingredients, the Agency considers the toxicity of the
inert in conjunction with possible exposure to residues of the inert
ingredient through food, drinking water, and through other exposures
that occur as a result of pesticide use in residential settings. If EPA
is able to determine that a finite tolerance is not necessary to ensure
that there is a reasonable certainty that no harm will result from
aggregate exposure to the inert ingredient, an exemption from the
requirement of a tolerance may be established.
    Consistent with FFDCA section 408(c)(2)(A), and the factors
specified in FFDCA section 408(c)(2)(B), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for titanium dioxide including
exposure resulting from the exemption established by this action. EPA's
assessment of exposures and risks associated with titanium dioxide
follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered their
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 available toxicity studies on titanium dioxide via the oral
route of exposure clearly demonstrate a lack of toxicity. The several
studies in mice, rats, dogs, cats, rabbits and other species of varying
durations do not indicate toxicity, even at very high doses (e.g.
50,000 ppm or 2,500 mg/kg/day dietary exposure for two years in rats).
There are no studies on the dermal toxicity of titanium dioxide and
there is no expected toxicity via the dermal route of exposure because
as an insoluble solid material, titanium dioxide is not absorbed via
the skin.
    The available inhalation studies indicate that the primary toxicity
of titanium dioxide is due to deposition of the inhaled particles.
Although these studies suggest equivocal evidence of carcinogenicity
due to prolonged exposure to titanium dioxide particles, EPA has
determined that these effects are not relevant for assessing risk from
exposure to titanium dioxide when used as an inert ingredient in
pesticide formulations based on the following. First, tumors were only
observed in two of the available studies and only in one species. In
one study, those tumors were only observed in rats continually exposed
to ultrafine particles of titanium dioxide. In the second study, tumors
were only observed from exposure to fine particles of titanium dioxide
at extremely high concentrations (250 mg/m\3\), in which the animals
experienced overloading of lung clearance, with chronic inflammation
resulting in lung tumors. All but one of the tumors in the second study
were subsequently reclassified as non-neoplastic or non-cancerous in
nature. No tumors were observed in studies involving mice.
    The titanium dioxide used in pesticide formulations is considered
pigmentary grade, not ultrafine or nanoscale. Consequently, the tumors
observed from exposure to ultrafine particles of titanium dioxide are
not relevant for assessing exposure to the type of titanium dioxide
used in pesticide formulations. Following the reclassification of the
tumors observed in the second inhalation study, EPA does not consider
these effects to be strong evidence of carcinogenicity from exposure to
fine-particle-sized titanium dioxide. Even assuming this study
indicates the potential for carcinogenicity, EPA does not expect any
reasonably foreseeable uses of titanium dioxide in pesticide
formulations that might result in residential exposures to approach the
levels of exposure necessary to elicit the effects seen in the
available inhalation study. The levels at which effects were observed
in that study greatly exceed any reasonable dose for toxicity testing
and any likely residential exposure levels. Moreover, when used as an
inert in pesticide formulations, titanium dioxide will be bound to
other materials, which means there will not be significant inhalation
exposure to titanium dioxide particles themselves.
    This position is consistent with the National Institute of
Occupational Health and Safety's (NIOSH) recent assessment that
ultrafine but not fine titanium dioxide would be considered a
``potential occupational carcinogen.'' The NIOSH Current Intelligence
Bulletin ``Occupational Exposure to Titanium Dioxide'' concludes that
``[t]he lung tumors observed in rats after exposure to 250 mg/m\3\ of
fine TiO2 [titanium dioxide] were the basis for the original
NIOSH designation of TiO2 as a ``potential occupational
carcinogen.'' However, because this dose is considered to be
significantly higher than currently accepted inhalation toxicology
practice, NIOSH concluded that the response at such a high dose should
not be used in making its hazard identification.'' NIOSH concluded that
the data is insufficient to classify fine titanium dioxide as a
potential occupational carcinogen.

    Because the predominant form of titanium dioxide used commercially,
and the form used as an inert ingredient in pesticide formulations is
pigment grade, which is not in the ultrafine or nanoscale particle size
range but rather in the fine particle size range, EPA concludes that
carcinogenicity is not a concern from exposure to titanium dioxide
resulting from its use as an inert ingredient in pesticides.
    Specific information on the studies received and the nature of the
adverse effects caused by titanium dioxide 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 July 27, 2012 (77 FR 44151) (FRL-
9354-6) and in the Agency's risk assessment which can be found at
http://www.regulations.gov in document Titanium Dioxide; Human Health
Risk Assessment and Ecological Effects Assessment to Support Proposed
Exemption from the Requirement of a Tolerance When used as an Inert
Ingredient in Pesticide Formulations in docket ID number EPA-HQ-OPP-
2017-0257.

B. Toxicological Points of Departure/Levels of Concern

    Because the available data indicate no toxicity via the oral route
of exposure, no endpoint of concern for that route of exposure has been
identified in the available database. This conclusion is in agreement
with the conclusion of the World Health Organization (WHO) Committee on
Food Coloring Materials that no Acceptable Daily Intake (ADI) need be
set for the use of titanium dioxide based on the range of acute, sub-
acute, and chronic toxicity assays, all showing low mammalian toxicity.
Similarly, no significant toxicity of titanium dioxide is expected via
the dermal route of exposure, so no endpoint was identified.
    Because the effects seen in inhalation studies occurred at doses
above the levels at which pesticide exposure is expected and for
particle sizes that are different from the size of titanium dioxide
used in pesticide formulations, the Agency has concluded that those
risks are not relevant for assessing risk from pesticide exposure and
therefore, did not identify an endpoint for assessing inhalation
exposure risk.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to titanium dioxide, EPA considered exposure under the
proposed exemption from the requirement of a tolerance and all other
existing exemptions from the requirement of a tolerance for residues of
titanium dioxide. EPA assessed dietary exposures from titanium dioxide
in food as follows:
    Residues of titanium dioxide are exempt from the requirement of a
tolerance when used as an inert ingredient in many different
circumstances: When used in pesticide formulations applied to growing
crops as a pigment/coloring agent in plastic bags used to wrap growing
bananas or colorant on seeds for planting (40 CFR 180.920); when used
in pesticide formulations applied to animals (40 CFR 180.930); when
used as a Ultraviolet (UV) protectant in microencapsulated formulations
of the insecticide lambda-cyhalothrin at no more than 3.0% by weight
(40 CFR 180.1195); when used as a UV stabilizer in pesticide
formulations of napropamide at no more than 5% of the product
formulation (40 CFR 180.1195); and when used in pesticide placed at
entrance to bee hives intended to control varroa mites in hive at a
maximum of 0.1% weight/weight (wt/wt) (40 CFR 180.1195). Titanium
dioxide is also approved for use as a colorant in food (21 CFR 73.575);
in drugs (21 CFR 73.1575); and in cosmetics (21 CFR 73.2575 and
73.3126).
    Although dietary exposure may be expected from use of titanium
dioxide in pesticide formulations applied to bee hives and on other
crops (as well as from other non-pesticidal sources), a quantitative
exposure assessment for titanium dioxide was not conducted because no
endpoint of concern was identified in the database.
    2. Dietary exposure from drinking water. Since a hazard endpoint of
concern was not identified for the acute and chronic dietary
assessment, a quantitative dietary exposure risk assessment for
drinking water was not conducted, although exposures from drinking
water may be expected from use on food crops.
    3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., textiles (clothing and diapers), carpets, swimming
pools, and hard surface disinfection on walls, floors, tables).
    Titanium dioxide may be used in non-pesticide products such as
paints, printing inks, paper and plastic products around the home.
Additionally titanium dioxide may be used as an inert ingredient in
pesticides that include residential uses, however based on the
discussion in Unit IV.B., a quantitative residential exposure
assessment for titanium dioxide was not conducted.
    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.''
    Because titanium dioxide does not have a toxic mode of action or a
mechanism of toxicity, this provision does not apply.

D. Safety Factor for Infants and Children

    Due to titanium dioxide's low potential hazard and the lack of a
hazard endpoint, it was determined that a quantitative risk assessment
using safety factors applied to a point of departure protective of an
identified hazard endpoint is not appropriate for titanium dioxide. For
the same reasons that a quantitative risk assessment based on a safety
factor approach is not appropriate for titanium dioxide, a Food Quality
Protection Act Safety Factor (FQPA SF) is not needed to protect the
safety of infants and children.

E. Aggregate Risks and Determination of Safety

    Taking into consideration all available information on titanium
dioxide, EPA has determined that there is a reasonable certainty that
no harm to any population subgroup will result from aggregate exposure
to titanium dioxide under reasonable foreseeable circumstances.
Therefore, the establishment of an exemption from tolerance under 40
CFR 180.1195 for residues pre-harvest crops of titanium dioxide, when
used as an inert ingredient (colorant) up to 45% in foliar pesticide
formulations containing anthraquinone, is safe under FFDCA section 408.

V. Analytical Enforcement Methodology

    Although EPA is establishing a limitation on the amount of titanium
dioxide that may be used in pesticide formulations, an analytical
enforcement methodology is not necessary for this exemption from the
requirement of tolerance. The limitation will be enforced through the
pesticide registration process under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136 et seq. EPA will
not register any pesticide for sale or distribution for use in pre-
harvest crops

with concentrations of titanium dioxide exceeding 45% by weight of the
formulations containing anthraquinone.

VI. Conclusions

    Therefore, an exemption from the requirement of a tolerance is
established under 40 CFR 180.1195 for titanium dioxide (CAS Reg. No.
13463-67-7) when used as an inert ingredient (colorant) up to 45% in
foliar pesticide formulations containing anthraquinone.

VII. Statutory and Executive Order Reviews

    This action establishes an exemption from the requirement of a
tolerance under FFDCA section 408(d) in response to a petition
submitted to the Agency. The Office of Management and Budget (OMB) has
exempted these types of actions from review under Executive Order
12866, entitled ``Regulatory Planning and Review'' (58 FR 51735,
October 4, 1993). Because this action has been exempted from review
under Executive Order 12866, this action is not subject to Executive
Order 13211, entitled ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) or Executive Order 13045, entitled ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997). This action does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA) (44 U.S.C. 3501 et seq.), nor does it require any special
considerations under Executive Order 12898, entitled ``Federal Actions
to Address Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the exemption in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

VIII. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

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

    Dated: February 15, 2018.
Michael L. Goodis,
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. Section 180.1195 is amended by adding paragraph (c) to read as
follows:

Sec.  180.1195  Titanium dioxide.

* * * * *
    (c) Titanium dioxide (CAS Reg. No. 13463-67-7) is exempted from the
requirement of a tolerance for residues in or on growing crops, when
used as an inert ingredient (colorant) in foliar applications at no
more than 45% of the formulations containing anthraquinone.

[FR Doc. 2018-04108 Filed 2-27-18; 8:45 am]
BILLING CODE 6560-50-P