[Federal Register Volume 87, Number 33 (Thursday, February 17, 2022)]
[Rules and Regulations]
[Pages 8953-8957]
[FR Doc No: 2022-03456]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2021-0840; FRL-9416-01-OCSPP]

[Oxirane, 2-(Phenoxymethyl)-, Polymer With Oxirane, Ether With
2,2',2''-Nitrilotris[Ethanol] (3:1), Diblock; Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of oxirane, 2-(phenoxymethyl)-, polymer
with oxirane, ether with 2,2',2''-nitrilotris[ethanol] (3:1), diblock
(CAS Reg. No. 2307555-89-9), when used as an inert ingredient in a
pesticide chemical formulation. Spring Regulatory Sciences, on behalf
of Stepan Company, submitted a petition to EPA under the Federal Food,
Drug, and Cosmetic Act (FFDCA), requesting an exemption from the
requirement of a tolerance. This regulation eliminates the need to
establish a maximum permissible level for residues of oxirane, 2-
(phenoxymethyl)-, polymer with oxirane, ether with 2,2',2''-
nitrilotris[ethanol] (3:1), diblock on food or feed commodities.

DATES: This regulation is effective February 17, 2022. Objections and
requests for hearings must be received on or before April 18, 2022, 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-2021-0840, is available at
https://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>.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, 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 Office of the Federal Register's e-CFR site at
https://www.ecfr.gov/current/title-40.

C. 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-2021-0840 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 18, 2022. 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-2021-0840, by one of
the following methods.
     Federal eRulemaking Portal: https://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 https://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.

II. Background and Statutory Findings

    In the Federal Register of December 21, 2021 (86 FR 72201) (FRL-
8792-06), EPA issued a document pursuant to FFDCA section 408, 21
U.S.C. 346a, announcing the receipt of a pesticide petition (PP IN-
11646) filed by Spring Regulatory Sciences (6620 Cypresswood Dr., Suite
250, Spring, TX 77379), on behalf of Stepan Company (22 W Frontage Rd.,
Northfield, IL 60093). The petition requested that 40 CFR 180.960 be
amended by establishing an exemption from the requirement of a
tolerance for residues of oxirane, 2-(phenoxymethyl)-, polymer with
oxirane, ether with 2,2',2''-nitrilotris[ethanol] (3:1), diblock (CAS
Reg. No. 2307555-89-9). That document included a summary of the
petition prepared by the petitioner and solicited comments on the
petitioner's request. The Agency did not receive any substantive public
comments.
    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and use 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 an exemption from the
requirement of 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 . . .'' and
specifies factors EPA is to consider in establishing an exemption.

III. Risk Assessment and Statutory Findings

    EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be shown that the risks from aggregate
exposure to pesticide chemical residues under reasonably foreseeable
circumstances will pose no appreciable risks to human health. 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(b)(2)(D), EPA has reviewed the
available scientific data and other relevant information in support of
this action and considered its validity, completeness and reliability
and the relationship of this information 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. In the case of certain chemical substances that
are defined as polymers, the Agency has established a set of criteria
to identify categories of polymers expected to present minimal or no
risk. The definition of a polymer is given in 40 CFR 723.250(b) and the
exclusion criteria for identifying these low-risk polymers are
described in 40 CFR 723.250(d). Oxirane, 2-(phenoxymethyl)-, polymer
with oxirane, ether with 2,2',2''-nitrilotris[ethanol] (3:1), diblock
(CAS Reg. No. 2307555-89-9) conforms to the definition of a polymer
given in 40 CFR 723.250(b) and meets the following criteria that are
used to identify low-risk polymers.
    1. The polymer is not a cationic polymer nor is it reasonably
anticipated to become a cationic polymer in a natural aquatic
environment.
    2. The polymer does contain as an integral part of its composition
at least two of the atomic elements carbon, hydrogen, nitrogen, oxygen,
silicon, and sulfur.
    3. The polymer does not contain as an integral part of its
composition, except as impurities, any element other than those listed
in 40 CFR 723.250(d)(2)(ii).
    4. The polymer is neither designed nor can it be reasonably
anticipated to substantially degrade, decompose, or depolymerize: An
adequate biodegradation study (MRID 51712502) was submitted for
oxirane, 2-(phenoxymethyl)-, polymer with oxirane, ether with 2,2',2''-
nitrilotris[ethanol] (3:1), diblock showing lack of biodegradation
(10.6% at 28 days, 13% at 90 days).
    5. The polymer is manufactured or imported from monomers and/or
reactants that are already included on the Toxic Substances Control Act
(TSCA) Chemical Substance Inventory or manufactured under an applicable
TSCA section 5 exemption.
    6. The polymer is not a water absorbing polymer with a number
average molecular weight (MW) greater than or equal to 10,000 daltons.
    7. The polymer does not contain certain perfluoroalkyl moieties
consisting of a CF3- or longer chain length as listed in 40 CFR
723.250(d)(6).
    Additionally, the polymer also meets as required the following
exemption criteria specified in 40 CFR 723.250(e).
    The polymer's number average molecular weight is greater than or
equal to 1,000 daltons and less than 10,000 daltons (5483 daltons).
Also, the polymer contains less than 2% oligomeric material below MW
500 (2.0%) and less than 5% oligomeric material below MW 1,000 (3.5%).
    Thus, Oxirane, 2-(phenoxymethyl)-, polymer with oxirane, ether with
2,2',2''-nitrilotris[ethanol] (3:1), diblock (CAS Reg. No. 2307555-89-
9) meets the criteria for a polymer to be considered low risk under 40
CFR 723.250. Based on its conformance to the criteria in this unit, no
mammalian toxicity is anticipated from dietary, inhalation, or dermal
exposure to oxirane, 2-(phenoxymethyl)-, polymer with oxirane, ether
with 2,2',2''-nitrilotris[ethanol] (3:1), diblock.

IV. Aggregate Exposures

    For the purposes of assessing potential exposure under this
exemption, EPA considered that oxirane, 2-(phenoxymethyl)-, polymer
with oxirane, ether with 2,2',2''-nitrilotris[ethanol] (3:1), diblock
could be present in all raw and processed agricultural commodities and
drinking water, and that non-occupational non-dietary exposure was
possible. The minimum number average MW of oxirane, 2-(phenoxymethyl)-,
polymer with oxirane, ether with 2,2',2''-nitrilotris[ethanol] (3:1),
diblock is 5,300 daltons. Generally, a polymer of this size would be
poorly absorbed through the intact gastrointestinal tract or through
intact human skin. Since oxirane, 2-(phenoxymethyl)-, polymer with
oxirane, ether with 2,2',2''-nitrilotris[ethanol] (3:1), diblock
conforms to the criteria that identify a low-risk polymer, there are no
concerns for risks associated with any potential exposure scenarios
that are reasonably foreseeable. The Agency has determined that a
tolerance is not necessary to protect the public health.

V. Cumulative Effects From Substances With a Common Mechanism of
Toxicity

    Section 408(b)(2)(D)(v) of FFDCA requires that, when considering
whether to establish, modify, or revoke a tolerance, the Agency
consider ``available information'' concerning the cumulative effects of
a particular pesticide's residues and ``other substances that have a
common mechanism of toxicity.''
    EPA has not found oxirane, 2-(phenoxymethyl)-, polymer with
oxirane, ether with 2,2',2''-nitrilotris[ethanol] (3:1), diblock to
share a common mechanism of toxicity with any other substances, and
oxirane, 2-(phenoxymethyl)-, polymer with oxirane, ether with 2,2',2''-
nitrilotris[ethanol] (3:1), diblock does not appear to produce a toxic
metabolite produced by other substances. For the purposes of this
tolerance action, therefore, EPA has assumed that oxirane, 2-
(phenoxymethyl)-, polymer with oxirane, ether with 2,2',2''-
nitrilotris[ethanol] (3:1), diblock does not have a common mechanism of
toxicity with other substances. For information regarding EPA's efforts
to determine which chemicals have a common mechanism of toxicity and to
evaluate the cumulative effects of such chemicals, see EPA's website at
https://www.epa.gov/pesticides/cumulative.

VI. Additional Safety Factor for the Protection of Infants and Children

    Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an
additional tenfold margin of safety for infants and children in the
case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the data base unless EPA concludes
that a different margin of safety will be safe for infants and
children. Due to the expected low toxicity of oxirane, 2-
(phenoxymethyl)-, polymer with oxirane, ether with 2,2',2''-
nitrilotris[ethanol] (3:1), diblock, EPA has not used a safety factor
analysis to assess the risk. For the same reasons the additional
tenfold safety factor is unnecessary.

VII. Determination of Safety

    Based on the conformance to the criteria used to identify a low-
risk polymer, EPA concludes that there is a reasonable certainty of no
harm to the U.S. population, including infants and children, from
aggregate exposure to residues of oxirane, 2-(phenoxymethyl)-, polymer
with oxirane, ether with 2,2',2''-nitrilotris[ethanol] (3:1), diblock.

VIII. Other Considerations

A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption

from the requirement of a tolerance without any numerical limitation.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established a MRL for oxirane, 2-(phenoxymethyl)-
, polymer with oxirane, ether with 2,2',2''-nitrilotris[ethanol] (3:1),
diblock.

IX. Conclusion

    Accordingly, EPA finds that exempting residues of oxirane, 2-
(phenoxymethyl)-, polymer with oxirane, ether with 2,2',2''-
nitrilotris[ethanol] (3:1), diblock from the requirement of a tolerance
will be safe.

X. Statutory and Executive Order Reviews

    This action establishes 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 tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This 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).

XI. 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 8, 2022.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR chapter I as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD

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

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

0
2. In Sec.  180.960, amend Table 1 to Sec.  180.960, by adding in
alphabetical order the polymer ``Oxirane, 2-(phenoxymethyl)-, polymer
with oxirane, ether with 2,2',2''-nitrilotris[ethanol] (3:1), diblock,
minimum number average molecular weight (in amu), 5,300'' to read as
follows:

Sec.  180.960  Polymers; exemptions from the requirement of a
tolerance.

* * * * *

                        Table 1 to Sec.   180.960
------------------------------------------------------------------------
                        Polymer                              CAS No.
------------------------------------------------------------------------

                              * * * * * * *
Oxirane, 2-(phenoxymethyl)-, polymer with oxirane,          2307555-89-9
 ether with 2,2',2''-nitrilotris[ethanol] (3:1),
 diblock, minimum number average molecular weight (in
 amu), 5,300...........................................

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

[FR Doc. 2022-03456 Filed 2-16-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: March 5, 2010 (Volume 75, Number 43)]
[Notices]
[Page 10230]
[DOCID:fr05mr10-35]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP10-65-000]

Mississippi Hub, LLC; Notice of Amendment Application

February 25, 2010.
    On February 8, 2010, Mississippi Hub, LLC (MS Hub), pursuant to
section 7(c) of the Natural Gas Act, as amended, and parts 157 and 284
of the Federal Energy Regulatory Commission's (Commission) regulations,
filed to amend its certificate. The amendment would expand the gas
storage project certificated in CP09-19-000 on September 17, 2009, by
adding 37,305 horsepower of additional compression and adding working
gas capacity totaling 15 billion cubic feet (Bcf) in two new salt dome
storage caverns. The amendment would expand total storage project
working gas capacity to 30 Bcf and project delivery and injection
capabilities, respectively to 2.8 and 1.5 Bcf per day. MS Hub also
requests that the Commission reaffirm its market-based rates authority
and issue all required authorizations by June 1, 2010.
    Questions regarding this application should be directed to William
Rapp, Mississippi Hub, LLC, 101 Ash Street, San Diego, CA 92101, (619)
699-5050.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 14 copies of the intervention or protest to the
Federal Energy regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on March 18, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-4606 Filed 3-4-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Notices]
[Pages 11499-11501]
[FR Doc No: 2023-03699]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96944; File No. SR-NYSE-2023-11]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify Rule 7.44 Relating to the Retail Liquidity Program

February 16, 2023.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on February 14, 2023, New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to modify Rule 7.44 relating to the Retail
Liquidity Program. The proposed rule change is available on the
Exchange's website at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to modify Rule 7.44, which sets forth the
Exchange's Retail Liquidity Program (the ``Program'').\4\ The purpose
of the Program is to attract retail order flow to the Exchange and
allow such order flow to receive potential price improvement. Under
Rule 7.44, a class of market participants called Retail Liquidity
Providers (``RLPs'') and non-RLP member organizations are able to
provide potential price improvement to retail investor orders in the
form of a non-displayed order that is priced better than the best
protected bid or offer, called a Retail Price Improvement Order (``RPI
Order'').\5\ When there is an RPI Order in a particular security, the
Exchange disseminates an indicator, known as the Retail Liquidity
Identifier, that such interest exists.\6\ Retail Member Organizations
(``RMOs'') can submit a Retail Order to the Exchange, which interacts,
to the extent possible, with available contra-side RPI Orders and then
may interact with other liquidity on the Exchange or elsewhere,
depending on the Retail Order's instructions.\7\ The segmentation in
the Program allows retail order flow to receive potential price
improvement as a result of their order flow being deemed more desirable
by liquidity providers. The Exchange recently modified the Program to
be available for all securities traded on the Exchange.\8\
---------------------------------------------------------------------------

    \4\ The Program was established on a pilot basis in 2012 and was
approved by the Commission to operate on a permanent basis in 2019.
See Securities Exchange Act Release No. 85160 (February 15, 2019),
84 FR 5754 (February 22, 2019) (SR-NYSE-2018-28). In connection with
the Commission's approval of the Program on a pilot basis, the
Commission granted the Exchange's request for exemptive relief from
Rule 612 of Regulation NMS, 17 CFR 242.612 (the ``Sub-Penny Rule''),
which, among other things, prohibits a national securities exchange
from accepting or ranking orders priced greater than $1.00 per share
in an increment smaller than $0.01. See Securities Exchange Act
Release No. 67347 (July 3, 2012), 77 FR 40673 (July 10, 2012) (SR-
NYSE-2011-55). The Exchange notes that the change proposed in this
filing has no substantive impact under the Sub-Penny Rule and thus
does not require an update or revision to the exemptive relief
previously granted by the Commission.
    \5\ See Rules 7.44(a)(1) (defining an RLP) and 7.44(a)(4)
(defining RPI Order).
    \6\ See Rule 7.44(j).
    \7\ See Rule 7.44(a)(2) (defining RMO); Rules 7.44(a)(3) and
7.44(k) (describing Retail Orders).
    \8\ See Securities Exchange Act Release No. 96112 (October 20,
2022), 87 FR 64831 (October 26, 2022) (SR-NYSE-2022-47) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change to Modify
Rule 7.44).
---------------------------------------------------------------------------

    Rule 7.44(k) currently describes the operation of a Retail Order
pursuant to the Program, which is defined in Rule 7.44(a)(3) as an
agency order or a riskless principal order that meets the criteria of
FINRA Rule 5320.03 that originates from a natural person and is
submitted to the Exchange by an RMO, provided that no change is made to
the

terms of the order with respect to price or side of market and the
order does not originate from a trading algorithm or any other
computerized methodology. Rule 7.44(k) provides that a Retail Order is
a non-routable Limit IOC Order to buy (sell) that will trade only with
available RPIs to sell (buy) and all other orders to sell (buy) with a
working price below (above) the PBO (PBB) on the Exchange Book. Any
quantity of a Retail Order to buy (sell) that does not trade with
eligible orders to sell (buy) will be immediately and automatically
cancelled. Rule 7.44(k) further provides that a Retail Order will be
rejected on arrival if the PBBO is locked or crossed and may not be
designated with a minimum trade size modifier (``MTS Modifier'').\9\
---------------------------------------------------------------------------

    \9\ See Rule 7.31(i)(3) (providing that the MTS Modifier
designates an order with a minimum trade size and an order with an
MTS Modifier will be rejected if the MTS is less than a round lot or
if the MTS is larger than the size of the order). The Exchange notes
that the rule text currently providing that a Retail Order may not
be designated with an MTS Modifier was introduced in connection with
the Exchange's transition to the Pillar trading platform and was
intended to ensure that Exchange rules continued to accurately
reflect the operation of Retail Orders (as established prior to such
transition). See Securities Exchange Act Release No. 85930 (May 23,
2019), 84 FR 25100 (May 30, 2019) (SR-NYSE-2019-26) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change of New
Rule 7.44 To Operate Its Retail Liquidity Program on Pillar, the
Exchange's New Technology Trading Platform).
---------------------------------------------------------------------------

    The Exchange now proposes to permit Retail Orders to be designated
with an MTS Modifier and, accordingly, proposes to modify the last
sentence of Rule 7.44(k) to reflect this change. The proposed change is
intended to provide RMOs with the option to designate Retail Orders
with a minimum trade size if they so choose. The Exchange believes that
the proposed change would provide additional flexibility to RMOs
entering Retail Orders, which could encourage retail order flow to the
Exchange and promote additional opportunities for price improvement for
such orders. The Exchange notes that the proposed change would not
otherwise impact the operation of Retail Orders as set forth in current
Exchange rules and would simply make an existing modifier available for
use with Retail Orders. The Exchange also believes that the proposed
change would allow it to compete with other exchanges' retail price
improvement programs that permit retail orders to be designated with a
minimum trade size.\10\
---------------------------------------------------------------------------

    \10\ See, e.g., Investors Exchange LLC (``IEX'') Rules
11.190(b)(9)(G), 11.190(b)(10)(G), and 11.232(a)(2) (providing that
a Retail order may be a Discretionary Peg order or Midpoint Peg
order, either of which may be designated with a minimum trade size).
The Exchange notes that IEX's retail improvement program differs
from the NYSE RLP in that the IEX program is designed to provide
price improvement at the midpoint but does not believe that
difference to be meaningful with respect to the ability to designate
a retail order with a minimum trade size.
---------------------------------------------------------------------------

    The Exchange also proposes non-substantive clarifying changes to
Rules 7.44(a)(3) and 7.44(a)(4) \11\ relating to the size of Retail
Orders and RPI Orders. Rules 7.44(a)(3) and 7.44(a)(4)(E) currently
include text providing that Retail Orders and RPI Orders, respectively,
may be an odd lot, round lot, or mixed lot. The Exchange now proposes
to delete such rule text as extraneous because Exchange rules already
provide that orders may be entered in any size unless otherwise
specified.\12\
---------------------------------------------------------------------------

    \11\ The Exchange also proposes a non-substantive change to Rule
7.44(a)(4)(A) to improve the clarity of the rule text, with no
change to the operation of the rule.
    \12\ See Rule 7.38(a).
---------------------------------------------------------------------------

    Subject to the effectiveness of this proposed rule change, the
Exchange will implement this change no later than in the second quarter
of 2023 and announce the implementation date by Trader Update.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\13\ in general, and furthers the objectives of Section
6(b)(5),\14\ in particular, because it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, to
remove impediments to, and perfect the mechanism of, a free and open
market and a national market system and, in general, to protect
investors and the public interest.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes the proposed change would remove impediments
to, and perfect the mechanism of, a free and open market and a national
market system and, in general, protect investors and the public
interest by allowing RMOs the option to designate Retail Orders with a
minimum trade size, which could attract additional retail order flow to
the Exchange, thereby promoting additional opportunities for price
improvement and order execution on the Exchange and promoting
competition with other exchanges operating retail price improvement
programs that allow retail orders to be designated with a minimum trade
size.\15\ The Exchange also believes that the proposed change would
remove impediments to, and perfect the mechanism of, a free and open
market and a national market system and promote just and equitable
principles of trade because it would permit the use of the existing MTS
Modifier with Retail Orders and would not otherwise impact the
operation of Retail Orders as provided under current Exchange rules.
The Exchange further believes that the proposed clarifying changes to
Rule 7.44 would remove impediments to, and perfect the mechanism of, a
free and open market and a national market system and, in general,
protect investors and the public interest because they are intended
only to streamline Exchange rules and would not impact the operation of
existing Exchange rules.
---------------------------------------------------------------------------

    \15\ See note 10, supra.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange believes that,
to the extent the proposed change encourages RMOs to direct additional
Retail Orders to the Exchange and increases opportunities for price
improvement and order execution, the proposed change would promote
competition by making the Exchange a more attractive venue for order
flow and enhancing market quality for all market participants. The
Exchange also believes that the proposed change would promote
competition with retail price improvement programs on other equities
exchanges that permit retail orders to be designated with a minimum
trade size.\16\
---------------------------------------------------------------------------

    \16\ Id.
---------------------------------------------------------------------------

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \17\ and Rule 19b-4(f)(6) thereunder.\18\
Because the foregoing proposed rule change does not: (i) significantly
affect the protection

of investors or the public interest; (ii) impose any significant burden
on competition; and (iii) become operative for 30 days from the date on
which it was filed, or such shorter time as the Commission may
designate, it has become effective pursuant to Section 19(b)(3)(A)(iii)
of the Act \19\ and subparagraph (f)(6) of Rule 19b-4 thereunder.\20\
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \18\ 17 CFR 240.19b-4(f)(6).
    \19\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \20\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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 under
Section 19(b)(2)(B) \21\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSE-2023-11 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-NYSE-2023-11. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2023-11 and should be submitted on
or before March 16, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-03699 Filed 2-22-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 41 (Tuesday, March 3, 2015)]
[Notices]
[Pages 11426-11427]
[FR Doc No: 2015-04317]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP15-495-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Section 4(d) rate filing per 154.204: AGT Statements
of Negotiated Rates Tariff Volume to be effective 4/1/2015.
    Filed Date: 2/23/15.
    Accession Number: 20150223-5070.
    Comments Due: 5 p.m. ET 3/9/15.

    Docket Numbers: RP15-496-000.
    Applicants: Midwestern Gas Transmission Company.
    Description: Section 4(d) rate filing per 154.204: Negotiated Rate
PAL Agreement--Duke Energy Indiana, Inc. to be effective 2/23/2015.
    Filed Date: 2/23/15.
    Accession Number: 20150223-5123.
    Comments Due: 5 p.m. ET 3/9/15.

    Docket Numbers: RP15-497-000.
    Applicants: East Tennessee Natural Gas, LLC.
    Description: Section 4(d) rate filing per 154.204: Move Neg Rate
for Contract 661310 to be effective 3/1/2015.
    Filed Date: 2/23/15.
    Accession Number: 20150223-5154.

    Comments Due: 5 p.m. ET 3/9/15.

    Docket Numbers: RP15-498-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Section 4(d) rate filing per 154.403(d)(2): 2015
Annual Fuel Tracker to be effective 4/1/2015.
    Filed Date: 2/23/15.
    Accession Number: 20150223-5198.
    Comments Due: 5 p.m. ET 3/9/15.

    Docket Numbers: RP15-499-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Section 4(d) rate filing per 154.204: 02/23/15
Negotiated Rates--ConEdison Energy Inc. (HUB) 2275-89 to be effective
2/20/2015.
    Filed Date: 2/23/15.
    Accession Number: 20150223-5216.
    Comments Due: 5 p.m. ET 3/9/15.

    Docket Numbers: RP15-500-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Section 4(d) rate filing per 154.204: 02/23/15
Negotiated Rates--Mercuria Energy Trading Gas LLC (HUB) 7540-89 to be
effective 2/20/2015.
    Filed Date: 2/23/15.
    Accession Number: 20150223-5235.
    Comments Due: 5 p.m. ET 3/9/15.

    Docket Numbers: RP15-501-000.
    Applicants: Guardian Pipeline, L.L.C.
    Description: Section 4(d) rate filing per 154.204: Negotiated Rate
PAL Agreement--MIECO, Inc. to be effective 2/23/2015.
    Filed Date: 2/23/15.
    Accession Number: 20150223-5240.
    Comments Due: 5 p.m. ET 3/9/15.

    Docket Numbers: RP15-502-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Section 4(d) rate filing per 154.204: 02/23/15
Negotiated Rates--Sequent Energy Management (HUB) 3075-89 to be
effective 2/20/2015.
    Filed Date: 2/23/15.
    Accession Number: 20150223-5241.
    Comments Due: 5 p.m. ET 3/9/15.

    Docket Numbers: RP15-503-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Section 4(d) rate filing per 154.204: 02/23/15
Negotiated Rates--United Energy Trading, LLC (HUB) 2275-89 to be
effective 2/21/2015.
    Filed Date: 2/23/15.
    Accession Number: 20150223-5243.
    Comments Due: 5 p.m. ET 3/9/15.

    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.

Filings in Existing Proceedings

    Docket Numbers: RP15-23-002.
    Applicants: Transwestern Pipeline Company, LLC.
    Description: Compliance filing per 154.203: Compliance with RP15-
23-001 Order on Rehearing to be effective 4/1/2015.
    Filed Date: 2/23/15.
    Accession Number: 20150223-5122.
    Comments Due: 5 p.m. ET 3/9/15.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    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: February 24, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-04317 Filed 3-2-15; 8:45 am]
BILLING CODE 6717-01-P


MEMORANDUM
TO: Air and Radiation Docket EPA-HQ-OAR-2012-0401
FROM: EPA Office of Transportation and Air Quality
DATE: May 16, 2014
SUBJECT: Meeting with Element Markets
On December 3, 2013, Office of Transportation and Air Quality (OTAQ) staff held a meeting with staff of Element Markets. This memorandum provides written documentation and a brief summary of this meeting.
This meeting explained the substance of the Notice of Proposed Rulemaking, Regulation of Fuels and Fuel Additives: RFS Pathways II and Technical Amendments to the RFS 2 Standards (Docket ID EPA-HQ-OAR-2012-0401). OTAQ staff participating included Vincent Camobreco, David Babson, Dallas Burkholder and Sharyn Lie. Element Markets representatives included Randall N. Lack, Chief Marketing Officer.