[Federal Register: October 7, 2009 (Volume 74, Number 193)]
[Notices]
[Page 51597-51600]
[DOCID:fr07oc09-62]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0045; FRL-8792-7]

Notice of Receipt of Several Pesticide Petitions Filed for
Residues of Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the Agency's receipt of several initial
filings of pesticide petitions proposing the establishment or
modification of regulations for residues of pesticide chemicals in or
on various commodities.

DATES: Comments must be received on or before November 6, 2009.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the pesticide petition number (PP) of interest as shown
in the body of this document, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to the docket ID number and the
pesticide petition number of interest as shown in the body of this
document. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: A contact person, with telephone
number and e-mail address, is listed at the end of each pesticide
petition summary. You may also reach each contact person by mail at
Registration Division (7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001.

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:
     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 provides
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 at the end of the pesticide petition
summary of interest.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have a typical or disproportionately high and adverse
human health impacts or environmental effects from exposure to the
pesticides discussed in this document, compared to the general
population.

II. What Action is the Agency Taking?

     EPA is announcing its receipt of several pesticide petitions filed
under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C. 346a, proposing the establishment or modification of
regulations in 40 CFR part 174 or part 180 for residues of pesticide
chemicals in or on various food commodities. EPA has determined that
the pesticide petitions described in this notice contain the data or
information prescribed in FFDCA section 408(d)(2); however, EPA has not
fully evaluated the sufficiency of the submitted data at this time or
whether the data support granting of the pesticide petitions.
Additional data may be needed before EPA can make a final determination
on these pesticide petitions.
     Pursuant to 40 CFR 180.7(f), a summary of each of the petitions
that are the subject of this notice, prepared by the petitioner, is
included in a docket EPA has created for each rulemaking. The docket
for each of the petitions is available on-line at http://
www.regulations.gov.
    As specified in FFDCA section 408(d)(3), (21 U.S.C. 346a(d)(3)),
EPA is publishing notice of the petition so that the public has an
opportunity to comment on this request for the establishment or
modification of regulations for residues of pesticides in or on food
commodities. Further information on the petition may be obtained
through the petition summary referenced in this unit.

New Tolerances

     1. PP 9E7591. (EPA-HQ-OPP-2009-713). Interregional Research
Project Number 4 (IR-4), IR-4 Project, 500 College Rd. East, Suite
201W, Princeton, NJ 08540, proposes to establish a tolerance in 40 CFR
part 180 for the combined residues of the fungicide mefenoxam, ( R )-
and ( S )-2-[(2,6-dimethyl(phenyl)-methoxyacetylamine]-propionic acid
methyl ester, and its metabolites containing the 2,6 dimethylaniline
moiety, and N -(2-hydroxy methyl-6-methylphenyl)- N -(methoxyacetyl)-
alanine methyl ester in or on bean, snap, succulent at 0.35 parts per
million (ppm); caneberry, subgroup 13-07A at 0.80 ppm; bushberry,
subgroup 13-07B at 2.0 ppm; onion, bulb, subgroup 3-07A at 3.0 ppm;
onion, green, subgroup 3-07B at 10.0 ppm, and spinach at 8.0 ppm. Snap
bean and caneberry samples were analyzed for mefenoxam (parent only)
using a procedure derived from ``Confirmatory Analytical Method for the
Enantioselective Determination of Residues of Parent Metalaxyl (CGA-
48988) or Mefenoxam (CGA-329351) in Crop Substrates by Chiral High
Performance Liquid Chromatography with Mass Spectrometric Detection''
(Novartis Crop Protection, Inc., Procedure 456-98, March, 1999). Minor
modifications were made to improve the performance of the method. The
limit of quantitation (LOQ) for the method is 0.028 ppm for snap beans
and 0.059 for caneberries. Selected samples from the snap bean and
caneberry trials were also analyzed with the combined residue method
that converts everything to N-(2,6-dimethylpheny1)-
N(methoxyacetyl)alanine methyl ester. This served as a bridging study
for the other samples that were only analyzed for parent.
    The common moiety method was also used for the spinach trials. The
analytical method used was Ciba-Geigy Corporation Procedure AG-395,
``Improved Method for the Determination of Total Residues of Metalaxyl
in Crop as 2,6-dimethylaniline,'' December 1982. This total residue
method is used for the determination of the combined residues of
metalaxyl N-(2,6-dimethylpheny1)-N-(methoxyacetyl)alanine methyl ester
and its metabolites which contain the 2,6-dimethylaniline (2, 6-DMA)
moiety in crop samples. Contact: Laura Nollen,<PHONE_NUMBER>;
<EMAIL_ADDRESS>    2. PP 9E7594. (EPA-HQ-OPP-2009-0644). Interregional Research
Project Number 4 (IR-4), 500 College Rd. East, Suite 201W, Princeton,
NJ 08540, proposes to establish a tolerance in 40 CFR part 180 for
residues of the insecticide fenpropathrin, alpha-cyano-3-phenoxy-benzyl
2,2,3,3-tetramethylcyclopropanecarboxylate in or on guava, acerola,
feijoa, jaboticaba, passionfruit, starfruit and wax jambu at 1.5 ppm;
lychee, longan, Spanish lime, pulasan and rambutan at 3.0 ppm; sugar
apple, atemoya, biriba, cherimoya, custard apple, ilama, and soursop at
1.0 ppm; and tea at 2.0 ppm. Adequate analytical methodology is
available to detect and quantify fenpropathrin at residue levels in
numerous matrices. The methods use solvent extraction and partition
and/or column chromatography clean-up steps, followed by separation and
quantitation using capillary gas liquid chromatography (GLC) with flame
ionization detector (FID). The extraction efficiency has been validated
using radiocarbon samples from the plant and animal metabolism studies.
The

enforcement methods have been validated at independent laboratories and
by EPA. The limit of quantification (LOQ) for fenpropathrin in raw
agricultural commodity samples is usually 0.01 ppm. Contact: Laura
Nollen,<PHONE_NUMBER><EMAIL_ADDRESS>    3. PP 8F7371. (EPA-HQ-OPP-2008-0732). BASF Corporation, 26 Davis
Drive, Research Triangle Park, NC 27709, proposes to establish a
tolerance in 40 CFR part 180 for residues of the fungicide metrafenone
in or on grapes, fruit at 4.5 ppm; grapes, juice at 0.45 ppm; and
grapes, raisin at 17 ppm. BASF analytical methods No. FAMS 105-01 ``CL
375839: Analytical method for the determination of the active
ingredient in grapes,'' and No. FAMS 106-01 ``CL 4375839: Analytical
method for the determination of the active ingredient in must and
wine,'' were developed to determine residues of metrafenone in grapes
and wine, respectively. Quantitative determination of metrafenone is
carried out by capillary gas chromatography with an electron capture
detector (GC/ECD). An independent laboratory validation demonstrated
good performance of these methods. Contact: Tony Kish,<PHONE_NUMBER>;
<EMAIL_ADDRESS>    4. PP 9F7528. (EPA-HQ-OPP-2009-0672). BASF Corporation, P.O. Box
13528, Research Triangle Park, NC, 27709, proposes to establish a
tolerance in 40 CFR part 180 for residues of the fungicide
pyraclostrobin, carbamic acid, [2-[[[1-(4-chlorophenyl)-1H-pyrazol-3-
yl]oxy]methyl]phenyl]methoxy-, methyl ester and its metabolite methyl-
N-[[[1-(4-chlorophenyl) pyrazol-3-yl]oxy]o-tolyl] carbamate (BF 500-3);
expressed as parent compound, in or on alfalfa, forage at 9 ppm and
alfalfa, hay at 27 ppm. In plants the method of analysis is aqueous
organic solvent extraction, column clean-up and quantitation by liquid
chromatography/mass spectrometry/mass spectrometry (LC/MS/MS). In
animals the method of analysis involves base hydrolysis, organic
extraction, column clean-up and quantitation by LC/MS/MS or
derivatization (methylation) followed by quantitation by gas
chromatography/MS (GC/MS). Contact: John Bazuin,<PHONE_NUMBER>;
<EMAIL_ADDRESS>    5. PP 9F7567. (EPA-HQ-OPP-2009-0677). Arysta LifeScience North
America, LLC, 15401 Weston Parkway, Suite 150, Cary, NC 27513, proposes
to establish a tolerance in 40 CFR part 180 for residues of the
fungicide fluoxastrobin, (1E)-[2-[[6-(2-chlorophenoxy)-5-fluoro-4-
pyrimydinyl]oxy]phenyl](5,6-dihydro-1,4,2-dioxazin-3-yl)methanone O-
methyloxime, and its Z isomer, (1Z)-[2-[[6-(2-chlorophenoxy)-5-fluoro-
4-pyrimydinyl]oxy]phenyl](5,6-dihydro-1,4,2-dioxazin-3-yl)methanone O-
methyloxime in or on wheat, grain at 0.09 ppm; wheat, bran at 0.2 ppm;
wheat, forage at 7.0 ppm; wheat, hay at 17 ppm; wheat, straw at 11 ppm;
aspirated grain fractions at 15 ppm; sweet corn (kernels plus cob with
husks removed) at 0.02 ppm; sweet corn, forage at 13 ppm; sweet corn,
stover at 10 ppm; and meat byproducts (cattle, goat, horse sheep) at
0.2 ppm. Adequate analytical methodology using high performance liquid
chromatography/mass spectrometry/mass spectrometry (HPLC/MS/MS)
detection is available for enforcement purposes. Contact: John Bazuin,
(703) 305-7381<EMAIL_ADDRESS>    6. PP 9F7602. (EPA-HQ-OPP-2009-0682). Bayer CropScience, P.O. Box
12014, 2 T.W. Alexander Dr., Research Triangle Park, NC 27709, proposes
to establish a tolerance in 40 CFR part 180 for residues of the
insecticide spiromesifen; 2-oxo-3-(2,4,6-trimethylphenyl)-1-
oxaspiro(4,4)non-3-en-4-yl 3,3-dimethylbutanoate and its enol
metabolite; 4-hydroxy-3-(2,4,6-trimethylphenyl)-1-oxaspiro[4,4]non-3-
en-2-one, calculated as parent compound equivalents in or on vegetable,
leafy petiole, crop group 4B at 6.0 ppm. Adequate analytical
methodology using liquid chromatography/mass spectrometry/mass
spectrometry (LC/MS/MS) detection is available for enforcement
purposes. Contact: Jennifer Gaines,<PHONE_NUMBER>;
<EMAIL_ADDRESS>
Amended Tolerances

    1. PP 9E7591. (EPA-HQ-OPP-2009-0713). Interregional Research
Project Number 4 (IR-4), IR-4 Project, 500 College Rd. East, Suite
201W, Princeton, NJ 08540, proposes to remove the tolerance in 40 CFR
180.546 for the combined residues of the fungicide mefenoxam, ( R )-
and ( S )-2-[(2,6-dimethyl(phenyl)-methoxyacetylamine]-propionic acid
methyl ester, and its metabolites containing the 2,6 dimethylaniline
moiety, and N -(2-hydroxy methyl-6-methylphenyl)- N -(methoxyacetyl)-
alanine methyl ester in or on lingonberry at 2.0 ppm. Contact: Laura
Nollen,<PHONE_NUMBER><EMAIL_ADDRESS>    2. PP 9E7592. (EPA-HQ-OPP-2009-0714). Arysta LifeScience North
America, LLC, 15401 Weston Parkway, Cary, NC 27513, proposes to amend
the tolerances in 40 CFR 180.560 by establishing a tolerance for the
combined residues of cloquintocet-mexyl, (acetic acid, [(5-chloro-8-
quinolinyl)oxy-,1-methylhexyl ester) (CAS Reg. No. 99607-70-2) and its
acid metabolite (5-chloro-8-quinolinoxyacetic acid, also known as CGA-
153433) when used as a pesticide inert ingredient (safener) in
pesticide formulations containing the herbicide flucarbazone-sodium
(wheat only), pinoxaden (wheat or barley), clodinafop-propargyl (wheat
only), or pyroxsulum (wheat only) in or on barley, grain at 0.10 ppm;
barley, hay at 0.10 ppm; barley, straw at 0.10 ppm; wheat, grain at
0.10 ppm; wheat, forage at 0.2 ppm; wheat, hay at 0.50 ppm; and wheat,
straw at 0.10 ppm. The analytical methodology for detecting and
measuring combined levels of cloquintocet-mexyl and its acid metabolite
5-chloro-8-quinolinoxylacetic acid has been submitted to the Agency.
The method is based upon acid hydrolysis extraction, which converts the
parent and all conjugates to the acid metabolite. The acid metabolite
is subject to commodity specific clean-up procedures and high
performance liquid chromatography (HPLC) determination with triple
stage quadruple mass spectrometry (LC/MS/MS). The limit of quantitation
(LOQ), as demonstrated by the lowest acceptable recovery samples, is
0.01 ppm for grain and 0.02 ppm for forage, hay and straw. Contact:
Karen Samek,<PHONE_NUMBER><EMAIL_ADDRESS>
New Tolerance Exemptions

    1. PP 9E7574. (EPA-HQ-OPP-2009-0480). UDL Laboratories, Inc., 12720
Dairy Ashford, Sugar Land, TX 77478, proposes to establish an exemption
from the requirement of a tolerance for residues of poly(oxy-1,2-
ethanediyl), [alpha]-hydro-[omega]-hydroxy-, polymer with 1,1'-
methylene-bis-[4- isocyanatocyclohexane and having a number average
molecular weight of 1,858 (CAS No. 39444-87-6) under 40 CFR 180.960 for
use as an excipient when used as a pesticide inert ingredient in
pesticide formulations. The petitioner believes an analytical method to
determine residues is not relevant based upon the definition of a low
risk polymer under 40 CFR 723.250. Contact: Elizabeth Fertich, (703)
347-8560<EMAIL_ADDRESS>    2. PP 9E7584. (EPA-HQ-OPP-2009-0663). Pimi Agro CleanTech, Ltd.,
P.O. Box 117, Hutzot Alonim, 30049, Israel c/o Wagner Regulatory
Associates, Inc., P.O. Box 640, Hockessin, DE 19707, proposes to
establish an exemption from the requirement of a tolerance for residues
of silver nitrate (CAS No. 7761-88-8) under 40 CFR 180.910 on stored
potatoes when used as a pesticide inert ingredient (stabilizer) in
pesticide

formulations of the active ingredient hydrogen peroxide as a post-
harvest treatment to control sprouting. The petitioner believes no
analytical method is needed because it is proposed that silver nitrate
be exempt from the requirement for a tolerance for residues. Contact:
Alganesh Debesai,<PHONE_NUMBER><EMAIL_ADDRESS>    3. PP 9E7586. (EPA-HQ-OPP-2009-0676). WHITMIRE MICROGEN c/o Landis
International, Inc., P.O. Box 5126, Valdosta, GA 31603-5126, proposes
to establish an exemption from the requirement of a tolerance for
residues of isobutane (CAS No. 75-28-5) when used as a pesticide inert
ingredient in pesticide formulations used in accordance with good
agricultural practice as an aerosol propellant in pesticide
formulations used pre- and post-harvest 40 CFR 180.910 and when applied
to animals 40 CFR 180.930. The petitioner believes no analytical method
is needed because it is proposed that isobutane be exempt from the
requirement for a tolerance for residues. Contact: Keri Grinstead,
(703) 308-8373<EMAIL_ADDRESS>    4. PP 9E7595. (EPA-HQ-OPP-2009-0675). BASF Corporation, 100 Campus
Dr., Florham Park, NJ 07932, proposes to establish an exemption from
the requirement of a tolerance for residues of oxirane, 2-methyl-,
polymer with oxirane, dimethyl ether (CAS No. 61419-46-3) under 40 CFR
180.960 when used as a pesticide inert ingredient as a surfactant in
pesticide formulations without limitation. The petitioner believes no
analytical method is needed because it is proposed that oxirane, 2-
methyl-, polymer with oxirane, dimethyl ether be exempt from the
requirement of a tolerance for residues. Contact: Keri Grinstead, (703)
308-8373<EMAIL_ADDRESS>    5. PP 9E7599. (EPA-HQ-OPP-2009-0662). Akzo Nobel Surface Chemistry,
LLC, 909 Mueller Ave., Chattanooga, TN 37406, proposes to establish an
exemption from the requirement of a tolerance for residues and requests
the elimination of the need to establish a maximum permissible level
for residues of acrylic acid-benzyl methacrylate-1-propanesulfonic
acid, 2-methyl-2-[1(1-oxo-2-propenyl)amino]-, monosodium salt copolymer
(CAS No. 1152297-42-1) when used as a pesticide inert ingredient as a
dispersant in pesticide formulations under 40 CFR 180.960 in or on all
raw agricultural commodities. The petitioner believes no analytical
method is needed because this information is generally not required
when all criteria for polymer exemption under 40 CFR 723.250 are met.
In addition, Akzo Nobel is petitioning for an exemption from the
requirement of a tolerance without any numerical limitations. Contact:
Alganesh Debesai,<PHONE_NUMBER><EMAIL_ADDRESS>    6. PP 9E7603. (EPA-HQ-OPP-2009-0693). Croda, Inc., 315 Cherry Lane,
New Castle, DE, proposes to establish an exemption from the requirement
of a tolerance for residues of the following polymerized fatty acid
copolymer esters under 40 CFR 180.960 low risk polymers:
Dimethylaminoethanol, ethoxylated, reaction products with fatty acid
dimers (CAS Reg. No. 1173188-38-9);
Dimethylaminoethanol, ethoxylated, propoxylated, reaction products with
fatty acid dimers (CAS Reg. No. 1173188-42-5);
Diethylaminoethanol, ethoxylated, reaction products with fatty acid
dimers (CAS Reg. No. 1173188-72-1);
Diethylaminoethanol, ethoxylated, propoxylated, reaction products with
fatty acid dimers (CAS Reg. No. 1173188-75-4);
Dimethylaminoethanol, ethoxylated, reaction products with fatty acid
trimers (CAS Reg. No. 1173188-49-2);
Dimethylaminoethanol, ethoxylated, propoxylated, reaction products with
fatty acid trimers (CAS Reg. No. 1173188-67-4);
Diethylaminoethanol, ethoxylated, reaction products with fatty acid
trimers (CAS Reg. No. 1173188-81-2);
Diethylaminoethanol, ethoxylated, propoxylated, reaction products with
fatty acid trimers (CAS Reg. No. 1173188-83-4);
Hydroxyethylmorpholine, ethoxylated, reaction products with fatty acid
dimers (CAS Reg. No. 1173189-00-8);
Hydroxyethylmorpholine, ethoxylated, propoxylated, reaction products
with fatty acid dimers (CAS Reg. No. 1173189-06-4);
Hydroxyethylpiperidine, ethoxylated, reaction products with fatty acid
dimers (CAS Reg. No. 1173189-20-2);
Hydroxyethylpiperidine, ethoxylated, propoxylated, reaction products
with fatty acid dimers (CAS Reg. No. 1173189-22-4);
Hydroxyethylmorpholine, ethoxylated, reaction products with fatty acid
trimers (CAS Reg. No. 1173189-09-7);
Hydroxyethylmorpholine, ethoxylated, propoxylated, reaction products
with fatty acid trimers (CAS Reg. No. 1173189-17-7);
Hydroxyethylpiperidine, ethoxylated, reaction products with fatty acid
trimers (CAS Reg. No. 1173189-25-7);
and Hydroxyethylpiperidine, ethoxylated, propoxylated, reaction
products with fatty acid trimers (CAS Reg. No. 1173189-28-0)
when used as a pesticide inert ingredient in pesticide formulations.
Requirements for an analytical method are not applicable to a request
to establish an exemption from the requirement of a tolerance. An
analytical method is not provided as the Agency does not require it to
rule on the exemption from the requirement of a tolerance for a Low
Risk Polymer inert ingredient. Contact: Deirdre Sunderland, (703) 603-
0851<EMAIL_ADDRESS>    7. PP 9E7608. (EPA-HQ-OPP-2009-0691). BASF Corporation, 100 Campus
Dr., Florham Park, NJ 07932, proposes to establish an exemption from
the requirement of a tolerance for residues of 2-propenoic acid, butyl
ester, polymer with ethenylbenzene, methyl 2-methyl-2-propenoate and 2-
propenoic acid (CAS No. 27306-39-4) under 40 CFR 180.960 when used as a
pesticide inert ingredient as a surfactant in pesticide formulations
without limitation. The petitioner believes no analytical method is
needed because this petition is a request for an exemption from the
requirement of a tolerance. Contact: Lisa Austin,<PHONE_NUMBER>;
<EMAIL_ADDRESS>     8. PP 9E7609. (EPA-HQ-OPP-2009-0699). BASF Corporation, 100 Campus
Dr., Florham Park, NJ 07932, proposes to establish an exemption from
the requirement of a tolerance for residues of 2-propenoic acid, 2-
ethylhexyl ester, polymer with ethenylbenzene and 2-methylpropyl 2-
methyl-2-propenoate (CAS No. 68240-06-2) under 40 CFR 180.960 when used
as a pesticide inert ingredient as a surfactant in pesticide
formulations without limitation. The petitioner believes no analytical
method is needed because this petition is a request for an exemption
from the requirement of a tolerance. Contact: Elizabeth Fertich, (703)
347-8560<EMAIL_ADDRESS>
List of Subjects

    Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.

    Dated: September 24, 2009.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. E9-24061 Filed 10-6-09; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 82, Number 234 (Thursday, December 7, 2017)]
[Notices]
[Pages 57732-57733]
[FR Doc No: 2017-26393]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

Filings Instituting Proceedings

    Docket Numbers: RP18-210-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Cherokee
AGL--Replacement Shippers--Dec 2017 to be effective 12/1/2017.
    Filed Date: 11/30/17.
    Accession Number: 20171130-5094.
    Comments Due: 5 p.m. ET 12/12/17.

    Docket Numbers: RP18-211-000.
    Applicants: Northern Natural Gas Company.
    Description: Sec.  4(d) Rate Filing: 20171130 Negotiated Rate to be
effective 12/1/2017.
    Filed Date: 11/30/17.
    Accession Number: 20171130-5096.
    Comments Due: 5 p.m. ET 12/12/17.

    Docket Numbers: RP18-212-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Sec.  4(d) Rate Filing: Amendments to Neg Rate Agmts
(Devon 10, Enterprise 12, BP 37) to be effective 11/30/2017.
    Filed Date: 11/30/17.
    Accession Number: 20171130-5108.
    Comments Due: 5 p.m. ET 12/12/17.

    Docket Numbers: RP18-213-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmts (RE Gas
35433, 34955 to BP 36803, 36804) to be effective 12/1/2017.
    Filed Date: 11/30/17.
    Accession Number: 20171130-5110.
    Comments Due: 5 p.m. ET 12/12/17.

    Docket Numbers: RP18-214-000.
    Applicants: Mojave Pipeline Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Annual Fuel and L&U Filing
2018 to be effective 1/1/2018.
    Filed Date: 11/30/17.
    Accession Number: 20171130-5118.
    Comments Due: 5 p.m. ET 12/12/17.

    Docket Numbers: RP18-215-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmts (PH
41455 to NextEra 48678, Texla 48792) to be effective 12/1/2017.
    Filed Date: 11/30/17.

    Accession Number: 20171130-5119.
    Comments Due: 5 p.m. ET 12/12/17.

    Docket Numbers: RP18-216-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmts
(Atlanta Gas 8438 to various eff 12-1-17) to be effective 12/1/2017.
    Filed Date: 11/30/17.
    Accession Number: 20171130-5120.
    Comments Due: 5 p.m. ET 12/12/17.

    Docket Numbers: RP18-217-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Neg Rate 2017-11-30 BP(2),
Encana to be effective 12/1/2017.
    Filed Date: 11/30/17.
    Accession Number: 20171130-5151.
    Comments Due: 5 p.m. ET 12/12/17.

    Docket Numbers: RP18-218-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Sec.  4(d) Rate Filing: Neg Rate 2017-11-30 Morgan
Stanley to be effective 12/1/2017.
    Filed Date: 11/30/17.
    Accession Number: 20171130-5152.
    Comments Due: 5 p.m. ET 12/12/17.

    Docket Numbers: RP18-219-000.
    Applicants: Nautilus Pipeline Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Nautilus Changes to FT-2 3.8
to be effective 1/1/2018.
    Filed Date: 11/30/17.
    Accession Number: 20171130-5176.
    Comments Due: 5 p.m. ET 12/12/17.

    Docket Numbers: RP18-220-000.
    Applicants: Nautilus Pipeline Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Nautilus contact info change
to be effective 1/1/2018.
    Filed Date: 11/30/17.
    Accession Number: 20171130-5183.
    Comments Due: 5 p.m. ET 12/12/17.

    Docket Numbers: RP18-221-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Non-Conforming Negotiated Rate
Gathering Agreements to be effective 6/9/2010.
    Filed Date: 11/30/17.
    Accession Number: 20171130-5212.
    Comments Due: 5 p.m. ET 12/12/17.

    Docket Numbers: RP18-222-000.
    Applicants: Destin Pipeline Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreements
Schedule to be effective 1/1/2018.
    Filed Date: 11/30/17.
    Accession Number: 20171130-5230.
    Comments Due: 5 p.m. ET 12/12/17.

    Docket Numbers: RP18-223-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: Amendments to Neg Rate Agmts
(Entergy 35233-6, Mobile 38531-5) to be effective 6/1/2016.
    Filed Date: 12/1/17.
    Accession Number: 20171201-5017.
    Comments Due: 5 p.m. ET 12/13/17.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and Sec.  385.214) on or
before 5:00 p.m. Eastern time on the specified comment date. Protests
may be considered, but intervention is necessary to become a party to
the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 1, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-26393 Filed 12-6-17; 8:45 am]
 BILLING CODE 6717-01-P


 [Federal Register Volume 76, Number 142 (Monday, July 25, 2011)] [Notices] [Page 44323] [FR Doc No: 2011-18697]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL11-49-000]

National Grid Transmission Services Corporation; Bangor Hydro

Electric Company; Notice of Petition for Declaratory Order

    Take notice that on July 11, 2011, pursuant to Rule 207 of the

Commission's Rules of Practice and Procedure, 18 CFR 385.207, National

Grid Transmission Services Corporation and Bangor Hydro Electric

Company (collectively, NEL Parties) filed a petition for declaratory

order to request that the Commission issues a finding that a proposed

transaction, between the NEL Parties and an undesignated subsidiary of

First Wind Holdings, Inc. (First Wind) is consistent with the

Commission's requirements regarding participant-funded transmission

lines. The NEL Parties seek a determination that a proposed bilateral

transmission services agreement, under which the NEL Parties will sell

First Wind up to 1,100 MW of transmission service over a new,

participant-funded, high voltage direct current transmission line, the

Northeast Energy Link, in order that First Wind may deliver energy to

purchasers in New England.

    Any person desiring to intervene or to protest this filing must

file in accordance with Rules 211 and 214 of the Commission's Rules of

Practice and Procedure (18 CFR 385.211, 385.214). Protests will be

considered by the Commission in determining the appropriate action to

be taken, but will not serve to make protestants parties to the

proceeding. Any person wishing to become a party must file a notice of

intervention or motion to intervene, as appropriate. Such notices,

motions, or protests must be filed on or before the comment date. On or

before the comment date, it is not necessary to serve motions to

intervene or protests on persons other than the Applicant.

    The Commission encourages electronic submission of 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 protest or intervention 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 August 15, 2011.

    Dated: July 18, 2011.

Kimberly D. Bose,

Secretary.

[FR Doc. 2011-18697 Filed 7-22-11; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Notices]
[Page 41880]
[FR Doc No: 2021-16555]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 2:00 p.m. on Thursday, August 5, 2021.

PLACE: The meeting will be held via remote means and/or at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    In the event that the time, date, or location of this meeting
changes, an announcement of the change, along with the new time, date,
and/or place of the meeting will be posted on the Commission's website
at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matter of the closed meeting will consist of the
following topics:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to examinations and enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.

    Dated: July 29, 2021.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2021-16555 Filed 7-30-21; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register: February 7, 2007 (Volume 72, Number 25)]
[Notices]
[Page 5783-5786]
[DOCID:fr07fe07-165]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55215; File No. SR-NYSEArca-2006-51]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change and Amendment No. 1 Thereto Relating to
Amendments to Registration Rules of NYSE Arca, Inc.

January 31, 2007.
    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 November 14, 2006, NYSE Arca, Inc. (``NYSE Arca'' 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. The Exchange
filed Amendment No. 1 to the proposed rule change on January 12, 2007.
The Commission is publishing this notice to solicit comments on the
proposed rule change, as amended, from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 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 amend certain NYSE Arca Rules governing
registration of OTP Holders \3\ and employees of Option Trading Permit
(``OTP'') Firms \4\ in order to: (i) Clarify registration procedures
and make them consistent with the procedures of other self-regulatory
organizations (``SROs''), and (ii) include an additional registration
category in connection with the Exchange's new options trading
platform, OX.\5\ The text of the proposed rule change is available at
NYSE Arca, the Commission's Public Reference Room, and
http://www.nysearca.com/regulation/filings.asp.

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    \3\ See NYSE Arca Rule 1.1(q).
    \4\ See NYSE Arca Rule 1.1(r).
    \5\ See Securities Exchange Act Release No. 54238 (July 28,
2006), 71 FR 44758 (August 7, 2006) (SR-NYSEArca-2006-13).
---------------------------------------------------------------------------

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 amend NYSE Arca Rules 2.5, 2.23, 6.33,
6.34A and 9.27 (referred to herein as Rules 2.5, 2.23, 6.33, 6.34A and
9.27) in order to clarify registration procedures and ongoing
compliance obligations for OTP Holders and OTP Firms and their
registered persons. Further, the Exchange proposes to amend these rules
so that they are consistent with industry practices and with the
operation of the Central Registration Depository (``CRD'') system
maintained by the National Association of Securities Dealers, Inc.
(``NASD''). The proposed rule changes are similar to the rules of other
SROs.\6\
---------------------------------------------------------------------------

    \6\ See NASD Rules 1070(d) and 1120(a) and (b) and New York
Stock Exchange LLC (``NYSE'') Rule 345A and Supplementary Material
.15(1)(b) to NYSE Rule 345.
---------------------------------------------------------------------------

Registration Category

    The Exchange proposes to amend Rule 2.5(b)(10)(A) to include the
registration category, Market Maker Authorized Trader,\7\ for
individuals who perform market making activity on behalf of an OTP Firm
on the OX trading facility. This registration category is new at this
time because Market Maker Authorized Traders did not exist at NYSE Arca
until the adoption of the OX trading rules in July 2006.\8\ These
individuals will be required to maintain registration requirements
similar to existing Market Makers on the Exchange.
---------------------------------------------------------------------------

    \7\ See NYSE Arca Rule 6.1A(9).
    \8\ See note 5, supra.
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Exceptions to Required Registration Examinations

    The Exchange proposes to further amend Rule 2.5(b)(10)(A) to
include certain exceptions to the registration examination
requirements. Currently, similar, but not identical, exceptions are
included as circumstances under which the Exchange will consider a
waiver of the registration examination requirements under Rule 2.5(c),
as described below. The Exchange believes that the added exceptions are
clear cases when registration requirements need not apply, and does not
believe that it is necessary to consider similar circumstances on a
case-by-case basis as required under the waiver provisions in Rule
2.5(c).

Consideration of Requests for Waivers of Examination Requirements

    The Exchange proposes to amend Rule 2.5(c), which governs requests
from OTP Firm applicants to waive applicable examinations requirements
prescribed by the Exchange. Specifically, the Exchange proposes to add
new waiver standards under which the Exchange has discretion to grant
waivers so that the Exchange's practices are generally consistent with
the criterion set forth in NASD Rule 1070(d) and Supplementary Material
.15(1)(b) to NYSE Rule 345 and to make other clarifications.
    In connection with changing the waiver standards, the Exchange also
proposes to delete the remainder of Rule 2.5(c), which sets forth
specific listed instances when the Exchange will waive required
examinations. The purpose for deleting this language is because the
Exchange proposes: (i) Waiver standards under which the Exchange has
discretion to grant waivers rather than specific listed circumstances,
which is consistent with the other SROs as noted above, and (ii) to
make certain of these specific instances actual exceptions to the
registration examination requirements in Rule 2.5(b)(10)(A), rather
than circumstances under which the Exchange will consider a waiver. As
explained above, the Exchange believes that such circumstances are
clear cases when registration requirements need not apply, and does not
believe that it is necessary to consider such circumstances on a case-
by-case basis as required under the waiver provisions in Rule 2.5(c).

Filing of Registration Documentation With the Exchange

    The Exchange proposes to amend Rule 2.23, which governs
registration procedures for employees of OTP Firms. Specifically, the
Exchange proposes to amend the rule to provide manual registration
procedures for registration categories (e.g., floor clerk) for which
CRD does not provide electronic registration.\9\
---------------------------------------------------------------------------

    \9\ In 2005, NYSE Arca (formerly Pacific Exchange, Inc.) became
a participant of the CRD system for maintenance of certain
registration categories with the Exchange. As part of this
implementation, applicable rules of the Exchange were amended to
address filing appropriate registration documentation electronically
with the CRD system for employees of ETP Holders. These amended
rules, however, inadvertently omitted certain registration
procedures for positions not available on the CRD system.
---------------------------------------------------------------------------

Continuing Education Requirements

    Currently, employees of OTP Firms who wish to initiate and maintain
registration with the Exchange must follow two separate rules--Rules
2.23 and 9.27. Rule 2.23 sets forth initial registration requirements,
whereas Rule 9.27 sets forth the continuing education requirements that
must be satisfied to maintain registration with the Exchange.
    In order to simplify compliance for employees of OTP Firms, the
Exchange proposes to provide continuing registration requirements in
the same rule as initial registration requirements. Specifically, the
Exchange proposes to add continuing education requirements to new Rule
2.23(d) and certain definitions and clarifications with respect thereto
to new Commentary .01-.06 to Rule 2.23.
    The continuing education requirements in proposed new Rule 2.23(d)
and related Commentary .01-.06 to Rule 2.23 are substantially similar
to those contained in current Rule 9.27(c) and (d) and related
Commentary .01-.06 to Rule 9.27(c) and (d), except that the Exchange
has made certain clarifications so that the continuing education
requirements and related definitions and clarifications are more
closely aligned with NASD Rule 1120 and NYSE Rule 345A and other clean-
up changes, as set forth in detail below.
    Specifically, the Exchange proposes in Rule 2.23(d)(1) that the
content of the Regulatory Element of the program shall be consistent
with the standards set forth by the Exchange and other SROs, rather
than just determined by the Exchange as is set forth in the current
Rule 9.27(c). In addition, the Exchange proposes to add language in
Rule 2.23(d)(2)(B)(i) providing that if an OTP Firm's or an OTP
Holder's analysis establishes the need for supervisory training for
persons with supervisory responsibilities, such training must be
included in the OTP Firm's or OTP Holder's training plan. Such language
is not included in the current Rule 9.27(d)(2)(A).
    The Exchange has not proposed for inclusion NASD's continuing
education requirements applicable to research analysts because the
Exchange does not provide for research analyst registration.
Additionally, unlike current NASD Rule 1120(a)(6), the Exchange is not
proposing to permit OTP Firms or OTP Holders to self-administer the
Regulatory Element of continuing education, as the Exchange does not
have the resources or capability to offer an approval process or
monitoring of such self-administered programs. OTP Firms and OTP
Holders will be

responsible for ensuring continuing education information related to
their associated persons is received by the firm in a timely manner
and, as such, shall designate a person or persons to receive applicable
information via electronic mail directly from the CRD system. OTP Firms
and OTP Holders will not be required to submit to the Exchange the
names of such designated persons, as is required by the current NASD
rule. This is based on the fact that the Exchange does not have a
contact management system comparable to that of NASD.
    With respect to the proposed new Commentary to Rule 2.23, the
Exchange proposes to add a definition of ``registered person'' to
Commentary .01 to Rule 2.23 as is currently set forth in Commentary .01
to Rule 9.27(c) and (d), except that the definition that the Exchange
is proposing does not include the carve-out for ``any such person whose
activities are limited solely to the transaction of business on the
facilities of the Exchange,'' but rather includes a carve-out for
``such persons who are not subject to the registration requirements for
traders as set forth in Rule 2.5(b)(10)(A).'' In addition, the Exchange
proposes in Commentary .03 to Rule 2.23 to correct a mistake in the
language in Commentary .03 to Rule 9.27(c) and (d) to provide that
reassociated registered persons shall participate in the Regulatory
Element at intervals based on their initial base date, rather than
their new base date. Lastly, the Exchange proposes in Commentary .06 to
Rule 2.23 to change the reference of ``any registered member who is an
OTP Holder,'' which is currently in Commentary .06 to Rule 9.27(c) and
(d), to ``any registered person who is associated with an OTP Firm or
OTP Holder'' in order to be consistent with the language of other SROs.
    In connection with the addition of proposed new Rule 2.23(d) and
Commentary .01-.06 to Rule 2.23 as set forth above, the Exchange
proposes to delete the specific continuing education requirements in
Rule 9.27(c) and (d) and the related Commentary .01-.06 to Rule 9.27(c)
and (d). The purpose for deleting the continuing education requirements
in Rule 9.27(c) and (d) is to avoid needless repetition and risk of
inconsistencies. The Exchange proposes to include cross-reference
language in Rule 9.27(c) that provides that registered persons shall
follow the continuing education requirements set forth in Rule 2.23(d).
    In addition, the Exchange proposes to delete current Rule 2.23(i)
with respect to transition to the CRD system because registration with
CRD is already provided for in Rule 2.23(a).
Orientation Program for Certain Market Makers and Market Maker
Authorized Traders
    The Exchange proposes to amend Rules 6.33 and 6.34A(b)(2) to
provide that Market Maker and Market Maker Authorized Trader applicants
to the Exchange who have previously successfully completed the required
examination and have been absent from registration with the Exchange in
such capacity for six months or more will be required to complete an
orientation program prescribed by the Exchange.
    The Exchange proposes these rule changes because it believes that
Market Makers and Market Maker Authorized Traders that have been absent
from the Exchange for six months or more should be required to take a
program to reacquaint them with the requirements of the Exchange due to
the length of time that they have been absent from the Exchange.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Act,\10\ in general, and furthers the objectives of
Section 6(b)(5) \11\ 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, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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.

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

    Written comments on the proposed rule change were neither solicited
nor received.

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 the Exchange 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-NYSEArca-2006-51 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-NYSEArca-2006-51.
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. Copies of such
filing also will be available for inspection and copying at the
principal office of NYSE Arca. 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-NYSEArca-2006-51 and should be submitted on or before
February 28, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-1999 Filed 2-6-07; 8:45 am]

BILLING CODE 8010-01-P