[Federal Register: July 2, 2008 (Volume 73, Number 128)]
[Rules and Regulations]
[Page 37850-37852]
[DOCID:fr02jy08-36]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0192; FRL-8364-1]

Atrazine; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of
atrazine in or on vegetable, leafy, except brassica, group 4. Syngenta
Crop Protection Inc. requested these tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective July 2, 2008. Objections and
requests for hearings must be received on or before September 2, 2008,
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: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2006-0192. To access the
electronic docket, go to http://www.regulations.gov, select ``Advanced
Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov website to view the docket index or access
available documents. All documents in the docket are listed in the
docket index available in regulations.gov. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available in the electronic docket at http://www.regulations.gov, or,
if only available in hard copy, at the OPP Regulatory Public Docket in
Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr.,
Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The Docket Facility
telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Hope Johnson, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

     You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to those
engaged in the following activities:
      Crop production (NAICS code 111).
      Animal production (NAICS code 112).
      Food manufacturing (NAICS code 311).
      Pesticide manufacturing (NAICS code 32532).
     This listing is not intended to be exhaustive, but rather to
provide a guide for readers regarding entities likely to be affected by
this action. Other types of entities not listed in this unit could also
be affected. The North American Industrial Classification System
(NAICS) codes have been provided to assist you and others in
determining whether this action might apply to certain entities. If you
have any questions regarding the applicability of this action to a
particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.

B. How Can I Access Electronic Copies of this Document?

    In addition to accessing an electronic copy of this Federal
Register document through the electronic docket at http://
www.regulations.gov, you may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr. You may also access a
frequently updated electronic version of EPA's tolerance regulations at
40 CFR part 180 through the Government Printing Office's pilot e-CFR
site at http://www.gpoaccess.gov/ecfr.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of FFDCA, 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-2006-0192 in the subject line on the first page of
your submission. All requests must be in writing, and must be mailed or
delivered to the Hearing Clerk as required by 40 CFR part 178 on or
before September 2, 2008.
    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 that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit this copy, identified by docket ID number
EPA-HQ-OPP-2006-0192, by one of the following methods:
      Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
      Mail: Office of Pesticide Programs (OPP) Regulatory
Public Docket (7502P), Environmental Protection Agency, 1200

Pennsylvania Ave., NW., Washington, DC 20460-0001.
      Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.

II. Petition for Tolerance

    In the Federal Register of August 15, 2006 (71 FR 46911) (FRL-8064-
1), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
6F7022) by Syngenta Crop Protection Inc., P.O. Box 18300, Greensboro,
NC 27409. The petition requested that 40 CFR 180.220 be amended by
establishing tolerances for residues of the herbicide atrazine, 2-
chloro-4-ethylamino-6-isopropylamino-s-triazine, in or on leafy
vegetables (excluding brassica) at 0.60 parts per million (ppm). That
notice referenced a summary of the petition prepared by Syngenta Crop
Protection Inc., the registrant, which is available to the public in
the docket, http://www.regulations.gov. Comments were received on the
notice of filing. EPA's response to these comments is discussed in Unit
IV.C.
     Based upon review of the data supporting the petition, EPA has
concluded that a tolerance level of 0.25 ppm shall be established for
the raw agricultural commodities vegetable, leafy, except brassica,
group 4. The reason for these changes are explained in Unit IV.D.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical
residue....''
    Consistent with section 408(b)(2)(D) of FFDCA, and the factors
specified in section 408(b)(2)(D) of FFDCA, 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 the petitioned-for
tolerances for residues of atrazine on vegetable, leafy, except
brassica, group 4 at 0.25 ppm. EPA's assessment of exposures and risks
associated with establishing the tolerance were discussed in the Notice
published in the Federal Register of June 21, 2006 (71 FR 35664) (FRL-
8065-4) which made available the cumulative risk assessment for the
chlorinated triazine pesticides, which include atrazine. The Agency
concluded that the cumulative risks associated with the chlorinated
triazine pesticides are below the Agency's level of concern. In the
risk assessment for the inadvertant residues of atrazine on leafy
vegetables, EPA concluded that the food related exposures to atrazine
from leafy vegetables are insignificant. Thus, the atrazine-related
risks calculated in the triazine cumulative risk assessment will be
unchanged by this action. The triazine cumulative risk assessment can
be accessed at http://www.regulations.gov under docket identification
(ID) number EPA-HQ-OPP-2005-0481. Based on the risk assessment
discussed in the above notice, EPA concludes that there is a reasonable
certainty that no harm will result to the general population, and to
infants and children from aggregate exposure to atrazine residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (Syngenta Analytical Methods AG-
601, AG-484, AG-564 (plants), Method III in Pam Vol. II (milk) and
Method I in PAM Vol. II (meat)) is available to enforce the tolerance
expression. The method may be requested from: Chief, Analytical
Chemistry Branch, Environmental Science Center, 701 Mapes Rd., Ft.
Meade, MD 20755-5350; telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
B. International Residue Limits

    The Codex Alimentarius Commission has not proposed or established
maximum residue limits (MRLs) for residues of atrazine in or on
agricultural commodities.

C. Response to Comments

    Several comments were received from a private citizen objecting to
pesticide body load, animal testing, establishing tolerances, and
pesticide residues. The Agency has received these same comments from
this commenter on numerous previous occasions. Refer to the following
Federal Register cites: 70 FR 37686, June 30, 2005; 70 FR 1354, January
7, 2005; 69 FR 63096-63098 October 29, 2004; for the Agency's response
to these objections.

D. Revisions to Petitioned-For Tolerances

    Based upon review of the data supporting the petition, EPA has
concluded that a tolerance level of 0.25 ppm on leafy vegetables
(excluding brassica) is more appropriate than 0.60 ppm as it covers the
maximum residue level found in the study submitted, while retaining the
capability of detecting instances of misuse. The Agency is revising the
raw agricultural commodities nomenclature for ``leafy vegetables
(excluding brassica)'' to ``vegetable, leafy, except brassica, group
4.''

V. Conclusion

    Therefore, tolerances are established for residues of atrazine, 2-
chloro-4-ethylamino-6-isopropylamino-s-triazine, in or on vegetable,
leafy, except brassica, group 4 at 0.25 ppm.

VI. Statutory and Executive Order Reviews

    This final rule establishes tolerances under section 408(d) of
FFDCA in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Because this final rule has been
exempted from review under Executive Order 12866, this final rule is
not subject to Executive Order 13211, Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use (66 FR
28355, May 22, 2001) or Executive Order 13045, entitled Protection of
Children from Environmental Health Risks and Safety Risks (62 FR 19885,
April 23, 1997). This final rule does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., nor does it require any special
considerations under Executive Order

12898, entitled Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations (59 FR 7629, February
16, 1994).
     Since tolerances and exemptions that are established on the basis
of a petition under section 408(d) of FFDCA, such as the tolerance in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
     This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
67249, November 9, 2000) do not apply to this final rule. In addition,
this final rule does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Public Law 104-4).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).

VII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. 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 this final rule in the Federal
Register. This final rule 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: June 23, 2008.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

0
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 180.220 is amended by adding text to paragraph (d) to read
as follows:

Sec.  180.220  Atrazine; tolerances for residues.

* * * * *
    (d) Indirect or inadvertant residues. Tolerances are established
for indirect or inadvertant residues of atrazine, 2-chloro-4-
ethylamino-6-isopropylamino-s-triazine, in or on the following raw
agricultural commodity when present therein as a result of application
of atrazine to the growing crops in paragraph (a) of this section:

------------------------------------------------------------------------
                      Commodity                        Parts per million
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Vegetable, leafy, except brassica, group 4...........               0.25
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[FR Doc. E8-15010 Filed 7-1-08; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register: March 27, 2008 (Volume 73, Number 60)]
[Notices]
[Page 16395-16399]
[DOCID:fr27mr08-87]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57539; File No. SR-Amex-2008-17]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing of Proposed Rule Change and Amendment No. 1 Thereto To
Adopt Listing Rules for Fixed Income-Linked Securities, Futures-Linked
Securities, and Combination-Linked Securities

March 20, 2008.
    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 February 29, 2008, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been substantially prepared by the
Exchange. On March 20, 2008, the Exchange filed Amendment No. 1 to the
proposed rule change. The Commission is publishing this notice to
solicit comments on the proposed rule change, as amended, from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to adopt generic listing standards for Fixed
Income-Linked Securities, Futures-Linked Securities, and Combination-
Linked Securities (collectively, the ``New Linked Securities'') and a
technical change to section 107D of the Amex Company Guide. The text of
the proposed rule change is available at Amex, the Commission's Public
Reference Room, and http://www.amex.com.

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

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

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

1. Purpose
    The Exchange proposes to add new sections 107G, 107H, and 107I of
the Amex Company Guide to provide generic listing standards for the New
Linked Securities. The purpose of the proposed rule change is to enable
the listing and trading of the New Linked Securities pursuant to Rule
19b-4(e) \3\ under the Act, without individual Commission approval of
each such product pursuant to section 19(b)(2) of the Act.\4\ The
Exchange represents that within five business days after commencement
of trading of a series of New Linked Securities under proposed sections
107G, 107H, and 107I of the Amex Company Guide, as applicable, the
Exchange will file a Form 19b-4(e).\5\
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    \3\ Rule 19b-4(e) provides that the listing and trading of a new
derivative securities product by a self-regulatory organization
(``SRO'') shall not be deemed a proposed rule change, pursuant to
Section (c)(1) of Rule 19b-4 (17 CFR 240.19b-4(c)(1)), if the
Commission has approved, pursuant to Section 19(b) of the Act (15
U.S.C. 78s(b)), the SRO's trading rules, procedures, and listing
standards for the product class that would include the new
derivatives securities product, and the SRO has a surveillance
program for the product class. See 17 CFR 240.19b-4(e).
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ 17 CFR 240.19b-4(e)(2)(ii); 17 CFR 249.820.
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General Issuer and Issue Eligibility
    As with Index-Linked Securities under current Section 107D,\6\
Commodity-Linked Securities under section 107E,\7\ and Currency-Linked
Securities under section 107F of the Amex Company Guide,\8\ the New
Linked Securities do not give the holder any right to receive a
portfolio component or any other ownership right or interest in the
portfolio or underlying components comprising the applicable Reference
Asset (as defined herein) and may or may not provide for the repayment
of the original principal investment amount. Likewise, the general
standards set forth in section 107D(a)-(f), section 107E(a)-(f), and
section 107F(a)-(f) of the Amex Company Guide will similarly apply to
the New Linked Securities.\9\ Specifically, the Exchange will apply the
following requirements to all issuers of New Linked Securities:
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    \6\ Index-Linked Securities are securities that provide for the
payment at maturity of a cash amount based on the performance of an
underlying index or indexes. As part of this proposed rule change,
the Exchange seeks to make a technical change to Section 107D of the
Amex Company Guide to define such underlying index or indexes as the
``Equity Reference Asset.'' Such securities may or may not provide
for the repayment of the original principal investment amount. See
Section 107D and Section 107D(d) of the Amex Company Guide.
    \7\ Commodity-Linked Securities are securities that provide for
the payment at maturity of a cash amount based on the performance of
one or more commodities, commodity futures, options or other
commodity derivatives or Commodity-Based Trust Shares (as defined in
Amex Rule 1200A), or a basket or index of any of the foregoing (the
``Commodity Reference Asset''). Such securities may or may not
provide for the repayment of the original principal investment
amount. See Section 107E of the Amex Company Guide.
    \8\ Currency-Linked Securities are securities that provide for
the payment at maturity of a cash amount based on the performance of
one or more currencies, or options or currency futures or other
currency derivatives or Currency Trust Shares (as defined in Amex
Rule 1200B), or a basket or index of any of the foregoing (the
``Currency Reference Asset''). Such securities may or may not
provide for the repayment of the original principal investment
amount. See Section 107F of the Amex Company Guide.
    \9\ See Section 107A of the Amex Company Guide (setting forth
the ``General Criteria'' relating to minimum issuer eligibility
requirements based on assets, earnings, and stockholders' equity,
and minimum issue requirements based on public distribution, public
shareholders, and principal amount/aggregate market value).
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     The issuer will be expected to have a minimum tangible net
worth of $250,000,000 and to otherwise exceed certain earnings
requirements. In the alternative, the issuer will be expected: (1) To
have a minimum tangible net worth of $150,000,000; and (2) not to have
issued index-linked note offerings (including the New Linked
Securities), the original issue price of which, combined with all the
issuer's other index-linked note offerings listed on a national
securities exchange, exceeds 25% of the issuer's tangible net worth at
the time of issuance.
     The issuer must be in compliance with Rule 10A-3 under the
Act.\10\ In addition, the Exchange will apply the following
requirements to each issue of New Linked Securities:
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    \10\ See 17 CFR 240.10A-3.
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     The issue must have a minimum public distribution of at
least 1,000,000 trading units with a minimum of 400 public
shareholders. This minimum public distribution and minimum public
shareholders requirements will not be applicable to an issue traded in
thousand dollar denominations or if the securities are redeemable at
the option of the holders thereof on at least a weekly basis.
     The issue must have a principal amount/aggregate market
value of not less than $4 million.
     The issue must have a term of at least one year, but not
greater than 30 years.
     The issue must be the nonconvertible debt of the issuer.
     The payment at maturity may or may not provide for a
multiple of the

direct or inverse performance of the underlying Reference Asset;
however, in no event will a loss or negative payment at maturity be
accelerated by a multiple that exceeds twice the performance of the
underlying Reference Asset.
Fixed Income-Linked Securities
    Fixed Income-Linked Securities will be subject to the criteria
proposed in new Section 107G of the Amex Company Guide for initial and
continued listing. Fixed Income-Linked Securities are securities that
provide for the payment at maturity of a cash amount based on the
performance of one or more indexes or portfolios of debt securities
that are notes, bonds, debentures or evidence of indebtedness that
include, but are not limited to, U.S. Department of Treasury securities
(``Treasury Securities''), government-sponsored entity securities
(``GSE Securities''), municipal securities, trust preferred securities,
supranational debt and debt of a foreign country or subdivision
thereof, or a basket or index of any of the foregoing (collectively,
``Fixed Income Reference Asset'').
    For the initial listing of Fixed Income-Linked Securities, the
Fixed Income Reference Asset must either: (1) Have been approved for
the trading of options or other derivatives by the Commission under
section 19(b)(2) of the Act and the rules thereunder, and the
conditions set forth in the Commission's approval order, including
comprehensive surveillance sharing agreements, continue to be
satisfied; or (2) meet the following requirements: \11\
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    \11\ The Exchange notes that the quantitative criteria for Fixed
Income Reference Assets are substantially similar to those set forth
under Commentary .02 to Amex Rule 1000-AEMI and Commentary .03 to
Amex Rule 1000A-AEMI, relating to Portfolio Depositary Receipts and
Index Fund Shares, respectively, based on a fixed income index or
portfolio. See Securities Exchange Act Release No. 55437 (March 9,
2007), 72 FR 12233 (March 15, 2007) (SR-Amex-2006-118) (approving
the adoption of ``fixed income'' and ``combination'' generic listing
standards for exchange-traded funds).
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     Components of the Fixed Income Reference Asset that, in
the aggregate, account for at least 75% of the weight of the Fixed
Income Reference Asset must each have a minimum original principal
amount outstanding of $100 million or more;
     A component of the Fixed Income Reference Asset may be a
convertible security; however, once the convertible security component
converts to the underlying equity security, the component is removed
from the Fixed Income Reference Asset;
     No component of the Fixed Income Reference Asset
(excluding Treasury Securities and GSE Securities) may represent more
than 30% of the weight of the Fixed Income Reference Asset, and the
five highest weighted components in the Fixed Income Reference Asset
may not, in the aggregate, account for more than 65% of the weight of
the Fixed Income Reference Asset;
     An underlying Fixed Income Reference Asset (excluding one
consisting entirely of exempted securities) \12\ must include a minimum
of 13 non-affiliated issuers;
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    \12\ ``Exempted securities'' is defined in Section 3(a)(12) of
the Act (15 U.S.C. 78c(a)(12)). The Exchange notes that, for
purposes of a Fixed Income Reference Asset, an ``exempted security''
may include Treasury Securities, municipal securities and/or GSE
Securities.
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     Component securities that, in the aggregate, account for
at least 90% of the weight of the Fixed Income Reference Asset must be
one of the following: (1) From issuers that are required to file
reports pursuant to sections 13 and 15(d) of the Act; \13\ (2) from
issuers that have a worldwide market value of their outstanding common
equity held by non-affiliates of $700 million or more; (3) from issuers
that have outstanding securities that are notes, bonds, debentures, or
evidence of indebtedness having a total remaining principal amount of
at least $1 billion; (4) exempted securities as defined in Section
3(a)(12) of the Act; \14\ or (5) from issuers that are a government of
a foreign country or a political subdivision of a foreign country; and
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    \13\ See 15 U.S.C. 78m; 15 U.S.C. 78o(d).
    \14\ See 15 U.S.C. 78c(a)(12).
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     The Fixed Income Reference Asset must be widely
disseminated to the public by one or more major market vendors at least
once per trading day.
    The Exchange will commence delisting or removal proceedings: \15\
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    \15\ The Exchange notes that the proposed continued listing
standards for each of Fixed Income-Linked Securities, Futures-Linked
Securities, and Combination-Linked Securities are substantially
similar to those standards under Sections 107D, 107E, and 107F
currently applicable to Index-Linked Securities, Commodity-Linked
Securities, and Currency-Linked Securities, respectively. See
Sections 107D, 107E, and 107F of the Amex Company Guide.
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     If any of the initial listing criteria for Fixed Income-
Linked Securities are not continuously maintained;
     If the aggregate market value or the principal amount of
the Fixed Income Index-Linked Securities publicly held is less than
$400,000;
     The value of the Fixed Income Reference Asset is no longer
calculated or available, and a new Fixed Income Reference is
substituted, unless the new Fixed Income Reference Asset meets the
requirements of proposed section 107G of the Company Guide; or
     If such other event shall occur or condition exists that,
in the opinion of the Exchange, makes further dealings on the Exchange
inadvisable.
Futures-Linked Securities
    Futures-Linked Securities will be subject to the criteria in
proposed Section 107H of the Amex Company Guide for initial and
continued listing. Futures-Linked Securities are securities that
provide for the payment at maturity of a cash amount based on the
performance of one or more indexes or portfolios of: (1) Futures on
Treasury Securities, GSE Securities, supranational debt and debt of a
foreign country or a subdivision thereof, or options or other
derivatives on any of the foregoing; or (2) interest rate futures or
options or derivatives on the foregoing (collectively, ``Futures
Reference Asset'').
    The issue must meet one of the initial listing standards set forth
below:
     The Futures Reference Asset must have been reviewed and
approved for the trading of Futures Securities or options or other
derivatives by the Commission under Section 19(b)(2) of the Act and
rules thereunder, and the conditions set forth in the Commission's
approval order, including with respect to comprehensive surveillance
sharing agreements, continue to be satisfied; or
     The pricing information for components of a Futures
Reference Asset must be derived from a market which is an Intermarket
Surveillance Group (``ISG'') member or affiliate member or with which
the Exchange has a comprehensive surveillance sharing agreement. A
Futures Reference Asset may include components representing not more
than 10% of the dollar weight of such Futures Reference Asset for which
the pricing information is derived from markets that do not meet the
specified requirements; provided, however, that no single component
subject to this exception exceeds 7% of the dollar weight of the
Futures Reference Asset.
    In addition, the issue must meet both of the following initial
listing criteria: (1) The value of the Futures Reference Asset must be
calculated and widely disseminated by one or more major market data
vendors on at least a 15-second basis during trading on the Exchange;
and (2) in the case of Futures-Linked Securities that are periodically
redeemable, the indicative value of the subject Futures-Linked
Securities must be calculated and widely disseminated by one or more
major market data

vendors on at least a 15-second basis during trading on the Exchange.
    The Exchange will commence delisting or removal proceedings:
     If any of the initial listing criteria for Futures-Linked
Securities are not continuously maintained;
     If the aggregate market value or the principal amount of
the Futures-Linked Securities publicly held is less than $400,000;
     The value of the Futures Reference Asset is no longer
calculated or available, and a new Futures Reference Asset is
substituted, unless the new Futures Reference Asset meets the
requirements of proposed section 107H of the Amex Company Guide; or
     If such other event shall occur or condition exists that,
in the opinion of the Exchange, makes further dealings on the Exchange
inadvisable.
Combination-Linked Securities
    Combination-Linked Securities will be subject to the criteria in
proposed section 107I of the Amex Company Guide for initial and
continued listing. Combination-Linked Securities are securities that
provide for the payment at maturity of a cash amount based on the
performance of any combination of two or more Equity Reference Assets,
Commodity Reference Assets, Currency Reference Assets, Fixed Income
Reference Assets, or Futures Reference Assets (collectively,
``Combination Reference Asset,'' and together with Equity Reference
Assets, Commodity Reference Assets, Currency Reference Assets, Fixed
Income Reference Assets, and Futures Reference Assets, collectively,
``Reference Assets''). In addition, a Combination Reference Asset may
include as a component a notional investment in cash or a cash
equivalent based on a widely accepted overnight loan interest rate,
London Interbank Offered Rate (``LIBOR''), Prime Rate, or an implied
interest rate based on observed market spot and foreign currency
forward rates. The Exchange states that, for purposes of a notional
investment as a component of a Multifactor Reference Asset, a long
LIBOR weighting would represent a leverage charge offsetting long
positions in the underlying Reference Assets.
    For the initial listing of a series of Combination-Linked
Securities, each component of the Combination Reference Asset must: (1)
Have been reviewed and approved for the trading of options or other
derivatives by the Commission under section 19(b)(2) of the Act and
rules thereunder, and the conditions set forth in the Commission's
approval order, including with respect to comprehensive surveillance
sharing agreements, continued to be satisfied; or (2) meet the
following requirements:
     Each Reference Asset included in the Combination Reference
Asset must meet the applicable initial and continued listing criteria
set forth in sections 107D, 107E, 107F, 107G and/or 107H of the Amex
Company Guide;
     The value of the Combination Reference Asset must be
calculated and widely disseminated to the public on at least a 15-
second basis during the time the Combination-Linked Securities trade on
the Exchange; and
     In the case of Combination-Linked Securities that are
periodically redeemable, the indicative value of the Combination-Linked
Securities must be calculated and widely disseminated by one or more
major market data vendors on at least a 15-second basis during the time
the Combination-Linked Securities trade on the Exchange.
    The Exchange will commence delisting or removal proceedings:
     If any of the initial listing criteria for Combination-
Linked Securities are not continuously maintained;
     If the aggregate market value or the principal amount of
the Combination-Linked Securities publicly held is less than $400,000;
     The value of the Combination Reference Asset is no longer
calculated or available, and a new Combination Reference is
substituted, unless the new Combination Reference Asset meets the
requirements of section 107I of the Amex Company Guide; or
     If such other event shall occur or condition exists that,
in the opinion of the Exchange, makes further dealings on the Exchange
inadvisable.
Applicable Exchange Rules
    The New Linked Securities traded on the Exchange's equity trading
floor will be subject to all Exchange rules governing the trading of
equity securities. The Exchange's equity margin rules and the
Exchange's regular trading hours (9:30 a.m. to 4 p.m. Eastern Time)
will apply to transactions in the New Linked Securities. New Linked
Securities listed and traded as bond or debt securities will be subject
to the rules applicable to bond or debt securities, however, those New
Linked Securities redeemable at the option of the holders thereof on at
least a weekly basis will be subject to the trading rules applicable to
exchange-traded funds.\16\
---------------------------------------------------------------------------

    \16\ See proposed Sections 107G(k), 107H(k), and 107I(k) of the
Amex Company Guide.
---------------------------------------------------------------------------

Information Circular
    Upon evaluating the nature and complexity of each New Linked
Security, the Exchange represents that it will prepare and distribute,
if appropriate, an Information Circular to member organizations
describing the products. Accordingly, the particular structure and
corresponding risks of a New Linked Security will be highlighted and
disclosed. The Information Circular will disclose whether the New
Linked Security will trade as equity or debt, subject to appropriate
trading rules including, among others, rules governing priority, parity
and precedence of orders, specialist responsibilities, account opening,
and margin.
    The Information Circular will also detail the Exchange's
suitability rule that requires a member organization recommending a
transaction in these Securities: (1) To determine that such transaction
is suitable for the customer (Amex Rule 411); and (2) to have a
reasonable basis for believing that the customer can evaluate the
special characteristics, and is able to bear the financial risks, of
such transaction. In addition, the Information Circular will reference
the requirement that Amex member organizations must deliver a
prospectus to investors purchasing newly issued New Linked Securities
prior to or concurrently with the confirmation of a transaction.
Surveillance
    The Exchange states that it will closely monitor activity in the
New Linked Securities to identify and deter any potential improper
trading activity. Additionally, the Exchange represents that its
surveillance procedures are adequate to properly monitor the trading of
the New Linked Securities. Specifically, the Exchange will rely on its
existing surveillance procedures governing equities, options, and
exchange-traded funds.\17\ The Exchange has developed procedures to
closely monitor activity in the New Linked Securities and the
underlying indexes and/or portfolios to identify and deter potential
improper trading activity. To the extent applicable, the Exchange will
be able to obtain trading and beneficial holder information from the
primary trading markets for the portfolio components in relation to the
New Linked Securities, either pursuant to bilateral information sharing
agreements with those markets or because those markets are SRO members
or affiliate members of ISG.
---------------------------------------------------------------------------

    \17\ See proposed Sections 107G(j), 107H(j), and 107I(j) of the
Amex Company Guide.

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

Firewall Procedures
    If an underlying index is maintained by a broker-dealer, the
broker-dealer is required to erect a ``firewall'' around the personnel
responsible for the maintenance of such underlying index or who have
access to information concerning changes and adjustments to the
underlying index, and the underlying index must be calculated by a
third party who is not a broker-dealer. Any advisory committee,
supervisory board, or similar entity that advises an index license
provider or that makes decisions regarding the underlying index or
portfolio composition, methodology, and related matters must implement
and maintain, or be subject to, procedures designed to prevent the use
and dissemination of material, non-public information regarding the
applicable underlying index or portfolio.\18\ The Exchange further
proposes to apply Amex Rules 1203A and 1203B \19\ and 1204A and 1204B
\20\ to Futures-Linked Securities and Combination-Linked Securities, to
the extent such Combination-Linked Securities are comprised in part of
Futures, Commodity, or Currency Reference Assets.
---------------------------------------------------------------------------

    \18\ See proposed Sections 107G(i), 107H(i), and 107I(i) of the
Amex Company Guide.
    \19\ Amex Rules 1203A and 1203B restrict the ability of the
specialist firm for any issue of Commodity-Based Trust Shares and
Currency Trust Shares or its affiliates to make markets in and trade
the Commodity Reference Asset and/or Currency Reference Asset
components, the commodities or currencies underlying the Commodity
Reference Asset or Currency Reference Asset components, or options,
futures, or options on futures on the Commodity Reference Asset or
Currency Reference Asset, or any other derivatives based on the
Commodity Reference Asset or Currency Reference Asset, any Commodity
Reference Asset or Currency Reference Asset component, or any
physical commodity or commodities underlying a Commodity Reference
Asset component or any currency or currencies underlying a Currency
Reference Asset component. See Amex Rules 1203A and 1203B. The
Exchange maintains that these rules would similarly apply to the
trading of the New Linked Securities to the extent such New Linked
Securities are comprised in part of a Futures, Commodity, or
Currency Reference Asset.
    \20\ Amex Rules 1204A and 1204B provide that specialists
handling Commodity-Based Trust Shares and Currency Trust Shares
provide the Exchange with all necessary information relating to
their trading in underlying physical assets, commodities or
currencies, related futures or options on futures, or any other
related derivatives. See Amex Rules 1204A and 1204B. The Exchange
maintains that these rules would similarly apply to the trading of
New Linked Securities to the extent such New Linked Securities are
comprised in part of a Futures, Commodity, or Currency Reference
Asset.
---------------------------------------------------------------------------

Trading Halts
    If the indicative value or the Reference Asset value applicable to
a series of New Linked Securities is not being disseminated as
required, the Exchange may halt trading during the day on which such
interruption first occurs. If such interruption persists past the
trading day in which it occurred, the Exchange will halt trading no
later than the beginning of the trading day following the
interruption.\21\
---------------------------------------------------------------------------

    \21\ See proposed Sections 107G(h)(3), 107H(h)(3), and
107I(h)(3) of the Amex Company Guide.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with section 6(b) of the Act,\22\ in general, and furthers the
objectives of section 6(b)(5) of the Act,\23\ in particular, in that 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. The Exchange
believes the adoption of generic listing standards for Fixed Income-
Linked Securities, Futures-Linked Securities, and Combination-Linked
Securities would benefit the marketplace and investors by reducing the
administrative burdens associated with the listing of such securities
based on identifiable reference assets.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78f(b).
    \23\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange believes the proposed rule change will impose no
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    The Exchange states that 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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Amex-2008-17 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Amex-2008-17. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Amex-2008-17 and should be
submitted on or before April 17, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
---------------------------------------------------------------------------

    \24\17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-6249 Filed 3-26-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 174 (Friday, September 7, 2012)]
[Notices]
[Pages 55207-55208]
[FR Doc No: 2012-22045]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP12-501-000; PF12-5-000]

Florida Gas Transmission Company, LLC, Florida Gas Transmission
Company, LLC; Notice of Application

    Take notice that on August 16, 2012, Florida Gas Transmission
Company, LLC (FGT), 5051 Westheimer Road, Houston, Texas 77056, filed
an application pursuant to sections 7(b) and 7(c) of the Natural Gas
Act and parts 157 of the Commission's to: (1) Replace approximately
1,618 feet of 36-inch diameter pipeline used to render transportation
services under Subpart G of Part 284 of the Commission's regulations,
18 CFR part 284 (2012); and (2) the issuance of a certificate of public
convenience and necessity to construct, modify, and operate pipeline,
and ancillary facilities to replace the abandoned facilities (I-595
Replacement Project). The purpose of the I-595 Replacement Project is
designed to resolve direct conflicts with the Florida Department of
Transportation's construction of a mechanically stabilized earth wall
and other encroachments in FGT's easement along State Road 91 in
Broward County, Florida by the Florida Department of Transportation/
Florida Turnpike Enterprise (FDOT/FTE), which is part of the I-595
Express Corridor Improvements Project (FDOT/FTE Project), all as more
fully set forth in the application which is on file with the Commission
and open to public inspection. The total estimated cost for the
proposed I-595 Replacement Project is approximately $24.7 million. The
filing may also be viewed on the web at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, contact FERC at<EMAIL_ADDRESS>or call toll-
free,<PHONE_NUMBER> or TTY,<PHONE_NUMBER>.
    Any questions regarding this application should be directed to
Stephen Veatch, Senior Director of Certificates & Tariffs, Florida Gas
Transmission Company, LLC, 5051 Westheimer Road, Houston, Texas, 77056,
or call<PHONE_NUMBER>, or fax<PHONE_NUMBER>, or by email
<EMAIL_ADDRESS>    On January 11, 2012, the Commission staff granted the Applicants'
request to utilize the Pre-Filing Process and assigned Docket No. PF12-
5-000 to staff activities involved the I-595 Replacement Project. Now
as of the filing the August 16, 2012 application, the Pre-Filing
Process for this project has ended. From this time forward, this
proceeding will be conducted in Docket No. CP12-501-000, as noted in
the caption of this Notice.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    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 7 copies of filings made in the proceeding with the Commission
and must mail a copy to the applicant and to every other party. 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.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    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 7 copies of the protest or intervention to the
Federal Energy

regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    Comment Date: 5 p.m. Eastern Time on September 20, 2012.

    Dated: August 30, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-22045 Filed 9-6-12; 8:45 am]
BILLING CODE 6717-01-P