[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Notices]
[Pages 10584-10586]
[FR Doc No: 2012-4079]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66400; File No. SR-NYSEAmex-2012-07]

Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending NYSE Amex
Equities Rule 123C(4) To Provide for How Certain Interest Is Included
in the Calculation of MOC and LOC Imbalances

February 15, 2012.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on February 3, 2012, NYSE Amex LLC (the ``Exchange'' or
``NYSE Amex'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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 amend NYSE Amex Equities Rule 123C(4) to
provide for how certain interest is included in the calculation of MOC
and LOC imbalances. The text of the proposed rule change is available
at the Exchange, the Commission's Public Reference Room, and
www.nyse.com, and www.sec.gov.

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

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

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

1. Purpose
    The Exchange proposes to amend NYSE Amex Equities Rule 123C(4) to
provide more specificity of how certain interest is treated for purpose
of calculating MOC and LOC \4\ imbalances. In particular, the Exchange
proposes to amend Rule 123C(4)(a)(vi) to describe how LOC orders priced
equal to the last sale are treated in the imbalance publication and to
add new supplementary material to describe how sell short interest is
treated in the imbalance publication during a Short Sale Period, as
defined in NYSE Amex Equities Rule 440B.
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    \4\ See NYSE Amex Equities Rule 13 for definitions of MOC and
LOC orders.
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Background
    NYSE Amex Equities Rule 123C(4) describes how the Exchange
calculates the MOC and LOC imbalances. The Exchange publishes MOC and
LOC imbalance information as part of its Informational Imbalance
Publication (as defined in Rule 123C(1)(b)), Mandatory MOC/LOC
Imbalance Publication (as defined in Rule 123C(1)(d)), and Order
Imbalance Information (as defined in Rule 123C(1)(e)), which are
further described in Rule 123C(5) and (6). The MOC and LOC imbalance
information is intended to provide market participants with a snapshot
of the prices at which interest eligible to participate in the closing
transaction would be executed in full against each other at the time
the data feed is disseminated. The manner by which the imbalance is
calculated takes into consideration the order of execution at the
close, as set forth in Rule 123C(7). The goal of such transparency is
to attract contra-side interest to offset order imbalances, thereby
potentially minimizing price dislocation at the close.
Proposed Amendments
    Because the MOC and LOC imbalance calculations under Rule 123C(4)
are intended to provide an informational snapshot of what an imbalance
may be at a particular time, and are intended to mirror how the
imbalance is calculated for purposes of determining the closing price,
the Exchange proposes to amend elements of Rule 123C(4) to describe
with more specificity how the imbalance is calculated. The Exchange
notes that these proposed rule change does not change how the Exchange
currently calculates the imbalance information, but rather provides
more detail in the rule text concerning the methodology for
calculation.
    First, the Exchange proposes to amend Rule 123C(4)(a)(vi) to
describe with more specificity how LOC interest that is priced equal to
the last sale is addressed in the MOC and LOC imbalance calculation.
Because the Buy or Sell Imbalance is intended to be indicative of what
the imbalance would be at the close, the Exchange seeks to reduce the
Buy or Sell Imbalance by any closing interest that could potentially
participate in the close, which is why the rule currently provides that
tick sensitive MOC and LOC interest can reduce the Buy or Sell
Imbalance to bring the imbalance quantity as close to zero as possible.
    The Exchange proposes to amend Rule 123C(4)(a)(vi) to add that LOC
orders priced equal to the last sale also reduce the Buy or Sell
Imbalance. The Exchange proposes this change because, as set forth in
Rule 123C(7)(b)(ii), LOC orders priced equal to the closing price may
participate in the closing transaction. Because such interest may

participate in the close, the Exchange believes that when calculating
the imbalance, reducing the Buy or Sell Imbalance by the amount of LOC
interest priced equal to the last sale provides a potentially more
realistic indication of how the imbalance may be offset at the close.
    Second, the Exchange proposes to make conforming amendments to
Rules 123C(4)(a)(vi)(A) and (B), which currently provide more detail of
which tick sensitive interest is included to offset a Buy or Sell
Imbalance, as provided for under Rule 123C(4)(a)(vi). Rule
123C(4)(a)(vi)(A) currently provides that of tick sensitive orders,
only Sell Plus \5\ MOC and Sell Plus LOC orders priced below the last
sale will be included to offset the Buy Imbalance. Rule 123C4(a)(vi)(B)
currently provides that of tick sensitive orders, only Buy Minus \6\
MOC and Buy Minus LOC orders priced above the last sale price will be
included to offset the Sell Imbalance. Because the Exchange is
proposing to amend Rule 123C(4)(a)(vi) to add that LOC interest priced
equal to the last sale price can offset the Buy or Sell Imbalance, the
Exchange proposes to make conforming amendments to Rules
123C(4)(a)(vi)(A) and (B). Accordingly, the Exchange proposes to amend
Rule 123C(4)(a)(vi)(A) to specify that Sell Plus LOC orders priced
equal to or below the last sale price and Sell and Sell Short LOC
orders priced equal to the last sale price will also be included to
offset the Buy Imbalance. Similarly, the Exchange proposes to amend
Rule 123C(4)(a)(vi)(B) to specify that Buy Minus LOC orders priced
equal to or above the last sale price, and Buy LOC orders priced equal
to the last sale will be included to offset the Sell Imbalance.
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    \5\ As defined in NYSE Amex Equities Rule 13, a Sell Plus order
is a market or limit order to sell a stated amount of stock for
which the price to be obtained is not lower than the last sale if
the last sale was a ``plus'' or ``zero plus'' tick, and is not lower
than the last sale plus the minimal fractional change in the stock
if the last sale was a ``minus'' or ``zero minus'' tick. The purpose
of a Sell Plus order is to ensure that a market participant does
create a new low price with the sell order. For example, if the
closing price is $10.10, and the last sale prior to the closing
transaction was $10.11 or higher on a plus or zero plus tick, a Sell
Plus LOC with a limit of $10.09 would not participate in the closing
transaction because it would be selling at a price lower than the
last sale, which was on a plus or zero plus tick.
    \6\ As defined in NYSE Amex Equities Rule 13, a Buy Minus order
is a market or limit order to buy a stated amount of stock on the
close for which the price to be obtained is not higher than the last
sale if the last sale was a ``minus'' or ``zero minus'' tick, and is
not higher than the last sale minus the minimum fractional change in
the stock if the last sale was a ``plus'' or ``zero plus'' tick. The
purpose of a Buy Minus order is to ensure that a market participant
does not create a new high price with the buy order. For example, if
the closing price is $10.10, and the last sale prior to the closing
transaction was $10.09 or below on a minus or zero minus tick, a Buy
Minus LOC with a limit price of $10.11 would not participate in the
closing transaction because it would be buying at a price higher
than the last sale, which was on a minus or zero minus tick.
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    Third, the Exchange proposes to amend Rule 123C(4)(a)(vi)(A) and
(B) to further specify that tick sensitive interest will be included to
offset the Buy or Sell Imbalance only if such orders could be executed
consistent with the terms of their tick restrictions. This proposed
amendment is consistent with the rationale of how MOC and LOC
imbalances are calculated, namely, to include interest that could
participate in the closing price to offset the imbalance. If, by the
terms of the tick restriction, an order could not participate in the
close, such interest should not be used to offset the imbalance
calculation. For example, if the Buy Imbalance is calculated based on a
$10.10 reference price, and the last sale prior to that reference price
is $10.11 on a plus or zero plus tick, Sell Plus MOCs and Sell Plus
LOCs are not included to offset that Buy Imbalance because they would
not participate if that were the closing price at that time. Likewise,
if the last sale is $10.09 on a minus or zero minus tick, and the Sell
Imbalance is calculated based on a $10.10 reference price, Buy Minus
MOCs and Buy Minus LOCS priced below the last sale are not included to
offset the Sell Imbalance because they would not participate if that
were the closing price at that time.
    Finally, the Exchange proposes to add supplementary material .30 to
Rule 123C to specify how Sell Short interest is treated for purposes of
calculating MOC and LOC imbalances during a Short Sale Period, as
defined in Rule 440B(d). Rule 123C(4)(a)(iv) currently provides that
Sell Short MOC and Sell Short LOC orders priced below the last sale
price are included in the aggregation of the Sell side closing volume.
During a Short Sale Period, if a security closes at a price equal to or
lower than the last Exchange bid, sell short interest would not be
eligible to participate in the closing transaction. Because a Sell
imbalance publication is an indication that the security is more likely
to close at a price that is equal to or lower than the bid, during a
Short Sale Period, Sell Short MOC and LOC interest likely would not
participate in the closing transaction. The Exchange therefore believes
it is appropriate during a Short Sale Period to exclude Sell Short MOC
and LOC orders from the Sell side volume because such interest would
likely not be eligible to participate in the closing transaction.
    In addition, during a Short Sale Period, in addition to the
interest specified in Rule 123C(a)(4)(vi)(A) that offsets the Buy
Imbalance (as amended by this rule proposal), all Sell Short MOC and
LOC interest priced equal to or below the last sale price will be
included to offset the Buy Imbalance. During a Short Sale Period, if a
security closes higher than the last Exchange bid, Sell Short MOC and
LOC interest would be eligible to participate in the closing
transaction. Because a Buy side imbalance publication is an indication
that there may be upward price pressure on the closing sale price, and
the security is more likely to close at a price that is above the bid,
in such a situation, Sell Short MOC and LOC interest likely would
participate in the closing transaction. The Exchange therefore believes
it is appropriate during a Short Sale Period to offset the Buy
Imbalance with Sell Short MOC and LOC interest because such interest
would likely participate in the closing transaction.
    The Exchange notes that the manner by which the Exchange currently
calculates the MOC and LOC imbalances is consistent with how such
interest would participate if the closing transaction were to be based
on the point in time at which each MOC and LOC imbalance publication is
calculated. The Exchange proposes these rule amendments to provide that
level of specificity in how the rule text describes the manner by which
the MOC and LOC imbalances are being calculated. The Exchange further
notes that this rule change concerns only the manner by which the MOC
and LOC imbalance is calculated for purposes of imbalance publications
and does not change in any way the manner by which trading occurs at
the Exchange or how interest is executed in the closing transaction.
2. Statutory Basis
    The basis under the Act for these proposed rule changes are the
requirement under Section 6(b)(5) \7\ that an Exchange have rules that
are designed to promote just and equitable principles of trade, 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. Specifically, this rule proposal
supports the objective of perfecting the mechanism of a free and open
market as it provides transparency in the manner by which the Exchange
calculates the MOC and LOC imbalance information that the Exchange
publishes

pursuant to NYSE Amex Equities Rule 123C(5) and (6) both during regular
trading and during a Short Sale Period pursuant to NYSE Amex Equities
Rule 440B. Specifically, these rule changes provide transparency of how
LOC interest priced equal to the last sale price will be used to offset
a Buy or Sell Imbalance and how Sell Short interest will be treated for
the imbalance calculation during a Short Sale Period.
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    \7\ 15 U.S.C. 78f(b)(5).
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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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(6).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-NYSEAmex-2012-07 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-NYSEAmex-2012-07. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such 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 No. SR-NYSEAmex-2012-07 and should be
submitted on or before March 14, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-4079 Filed 2-21-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 178 (Monday, September 14, 2020)]
[Notices]
[Page 56595]
[FR Doc No: 2020-20168]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-518-000]

PennEast Pipeline Company, LLC; Notice of Petition for
Declaratory Order

    Take notice that on August 31, 2020, pursuant to Rule 207(a)(2) of
the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and Procedure, Robert Kaiser (Petitioner) hereby submits a
petition for declaratory order (Petition) requesting the Commission
issue a declaratory order putting a hold on PennEast Pipeline Company,
LLC's (PennEast) eminent domain authority until PennEast has received
the necessary permits and authorizations to commence construction and
requesting an exemption from the filing fee, as more fully explained in
the petition.
    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.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Petitioner.
    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 may mail similar
pleadings to the Federal Energy Regulatory Commission, 888 First
Street, NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on September 30, 2020.

    Dated: September 8, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-20168 Filed 9-11-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Notices]
[Pages 39800-39802]
[FR Doc No: 2018-17124]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83780; File No. SR-NYSEARCA-2018-56]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Modify the NYSE
Arca Options Fee Schedule

August 6, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on July 31, 2018, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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 modify the NYSE Arca Options Fee Schedule
(``Fee Schedule''). The Exchange proposes to implement the fee change
effective August 1, 2018. The proposed rule change is available on the
Exchange's website at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this filing is to modify the Fee Schedule, effective
August 1, 2018, to modify or eliminate the criteria for achieving
various credits.
    The Exchange currently provides a number of incentives for OTP
Holders and OTP Firms (collectively, ``OTPs'') designed to encourage
OTPs to direct additional order flow to the Exchange to achieve more
favorable pricing and higher credits. Among these incentives are
enhanced posted liquidity credits based on achieving certain
percentages of NYSE Arca Equity daily activity, also known as ``cross-
asset pricing.'' In addition, certain of the qualifications for
achieving these incentives are more tailored to specific activity
(i.e., posting in Penny Pilot issues only, or cross-asset pricing based
only on levels of Retail Orders on the NYSE Arca Equity Market).
Similarly, because the Exchange allows Order Flow Providers (``OFPs'')
to aggregate their volume executed on NYSE Arca with affiliated or
Appointed Market Makers, OFPs may encourage an increased level of
activity from these participants to qualify for various incentives,
including higher credits for Customer orders.\4\ The Exchange proposes
to modify certain of the thresholds for achieving posting credits on
the Exchange as described below.
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    \4\ Per the Fee Schedule, ``[u]nless Professional Customer
executions are specifically delineated, such executions will be
treated as `Customer' executions for fee/credit purposes.'' See Fee
Schedule, NYSE Arca OPTIONS: TRADE-RELATED CHARGES FOR STANDARD
OPTIONS.
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    Pursuant to the Customer Penny Pilot Posting Tiers (the ``Penny
Credit Tiers'', each a ``Penny Tier''), Customer orders

that post liquidity and are executed on the Exchange earn a base credit
of $0.25 per contract, with the ability to earn increased credits (up
to $0.50) based on the participant's activity. Currently, there are
eight (8) Penny Credit Tiers, with increasing minimum volume thresholds
associated with each tier.
    The Exchange proposes to eliminate Penny Tier 4, which would remove
the $0.46 per contract credit for OTPs that achieve at least 0.60% of
TCADV from Customer posted interest in all issues, plus executed
Average Daily Volume (``ADV'') of Retail Orders of 0.1% ADV of U.S.
Equity Market Share Posted and Executed on NYSE Arca Equity Market.
Consistent with this change, the Exchange proposed to renumber the
remaining higher Tiers (i.e., to re-number current Penny Tiers 5-8 to
Penny Tiers 4-7). The Exchange also proposes to modify certain minimum
volume thresholds in new Penny Tiers 5 and 6. In new Penny Tier 5, in
the alternative qualification, an OTP would earn the $0.48 per contract
credit by achieving at least 0.75% (up from 0.50%) of TCADV from
Customer posted interest in all issues, plus at least 0.45% of TCADV
from Market Maker Total Electronic Volume.\5\ As proposed, in the new
Penny Tier 6, an OTP would earn the $0.49 per contract credit by
achieving at least 0.75% (up from 0.50%) of TCADV from Customer posted
interest in all issues, plus at least 0.60% of TCADV from Market Maker
Total Electronic Volume.
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    \5\ Per the Fee Schedule, the ``Total Industry Customer equity
and ETF option average daily volume (`TCADV') includes OCC
calculated Customer volume of all types, including Complex Order
Transactions and QCC transactions, in equity and ETF options.'' See
Fee Schedule, endnote 8.
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    The Exchange also offers a Customer Incentive Program (the
``Incentive Program''), which offers OTPs the ability to earn one
additional credit by achieving the minimum thresholds listed.\6\ The
Exchange now proposes to eliminate one of the alternatives.
Specifically, the Exchange would no longer provide an additional $0.03
per contract credit for achieving executed ADV of retail orders of
0.10% ADV of U.S. Equity Market Share Posted and Executed on NYSE Arca
Equity Market.
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    \6\ The Exchange proposes to make a non-substantive change to
the second alternative basis for the Incentive Program by replacing
reference to ``Total Industry Customer equity and ETF option ADV''
with the defined abbreviation of ``TCADV,'' which would add clarity
and internal consistency to the Fee Schedule. See proposed Fee
Schedule, Customer Incentive Program.
---------------------------------------------------------------------------

    The Exchange also offers increasing credits to be applied to
executions of Customer posted interest in non-Penny Pilot issues based
on minimum volume thresholds through the Customer Posting Credit Tiers
in Non-Penny Pilot Issues (``Non-Penny Credit Tiers'', each a ``Non-
Penny Tier''). The Exchange proposes to eliminate one Non-Penny Tier
(the current Tier A), which would remove the $0.83 per contract credit
for OTPs that achieve at least 0.70% of TCADV from Customer posted
interest in all issues, plus executed ADV of Retail Orders of 0.1% ADV
of U.S. Equity Market Share Posted and Executed on NYSE Arca Equity
Market. Consistent with this change, the Exchange proposes to re-title
the balance of the Non-Penny Tiers (i.e., to re-title current Non-Penny
Tiers B-F to Non-Penny Tiers A through E).
    Additionally, the Exchange proposes to modify the minimum volume
threshold required to achieve new Tier B, such that an OTP would earn
the $0.94 per contract credit by achieving at least 0.75% (up from
0.50%) of TCADV from Customer posted interest in all issues, plus an
ADV from Market Maker Total Electronic Volume equal to 0.45% of TCADV.
The Exchange also proposes to modify the minimum volume threshold for
the new Tier D, such that an OTP would earn the $1.00 per contract
credit by achieving at least 0.75% (up from 0.50%) of TCADV from
Customer posted interest in all issues, plus an ADV from Market Maker
Total Electronic Volume equal to 0.60% of TCADV.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\7\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\8\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed modifications to the
minimum threshold qualification for certain of the Penny, and Non-
Penny, Credit Tiers and the Incentive Program are reasonable,
equitable, and not unfairly discriminatory because, among other things,
the proposed changes would streamline the available means for an OTP to
qualify for credits on the Exchange, while still offering OTPs
incentives to direct volume to the Exchange. The Exchange notes that it
proposes to remove certain tiers from the various posting credit
programs because such tiers are underutilized. The proposed changes,
therefore, should provide more meaningful criteria for OTPs to qualify
for (and seek to achieve higher) credits by posting desired volume on
the Exchange. The Exchange believes that the proposed changes would
continue to attract Customer (and Professional Customer) orders to the
Exchange, which results in increased liquidity to the benefit of all
participants by offering greater price discovery, increased
transparency, and an increased opportunity to trade on the Exchange.
    The Exchange also believes the proposed changes are reasonable,
equitable and not unfairly discriminatory because the modified minimum
volume thresholds for the Penny, and Non-Penny, Tiers and the Incentive
Program would be available to all similarly-situated market
participants on an equal and non-discriminatory basis. The Exchange
believes the proposed modifications are reasonable, equitable and not
unfairly discriminatory because they encourage participants to enhance
their order flow to qualify for the various incentives, including
encouraging more participants to have affiliated or appointed order
flow directed to the Exchange. Further, encouraging OFPs to send higher
volumes of Customer (and Professional Customer) orders to the Exchange
would also contribute to the Exchange's depth of book as well as to the
top of book liquidity.
    The proposed changes to the various posting credit incentives
offered on the Exchange are also reasonable as they are consistent with
similar such programs offered on other exchanges.\9\
---------------------------------------------------------------------------

    \9\ See e.g., NASDAQ Options Market, Chapter XV Options Pricing,
Sec. 2, Fees and Rebates, available here, http://nasdaq.cchwallstreet.com/NASDAQTools/PlatformViewer.asp?selectednode=chp_1_1_15&manual=%2Fnasdaq%2Fmain%2Fnasdaq-optionsrules%2F (setting forth various rebates per executed
contract, including for adding Customer and Professional Customer
volume).
---------------------------------------------------------------------------

    Finally, the Exchange believes the proposed non-substantive changes
to the Fee Schedule (see supra note 6) are reasonable, equitable, and
not unfairly discriminatory because it would add clarity, transparency
and internal consistency to the Fee Schedule.

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

    In accordance with Section 6(b)(8) of the Act, 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. Instead, the Exchange believes that the

proposed changes would encourage competition, including by attracting
additional liquidity to the Exchange, which would continue to make the
Exchange a more competitive venue for, among other things, order
execution and price discovery. The Exchange does not believe that the
proposed change would impair the ability of any market participants or
competing order execution venues to maintain their competitive standing
in the financial markets. Further, the incentive would be available to
all similarly-situated participants, and, as such, the proposed change
would not impose a disparate burden on competition either among or
between classes of market participants and may, in fact, encourage
competition. The Exchange notes that the proposed rule change merely
modifies existing posting tiers that offer additional credits to OTPs
that (opt to) meet certain volume thresholds. The proposed change does
not impose any new burden or requirement on OTPs, as achieving the
modified tiers is voluntary (i.e., an OTP that does not does not seek
to achieve additional credits by meeting the modified volume thresholds
has no obligation to do so).
    The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues. In
such an environment, the Exchange must continually review, and consider
adjusting, its fees and credits to remain competitive with other
exchanges. For the reasons described above, the Exchange believes that
the proposed rule change reflects this competitive environment.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \10\ of the Act and subparagraph (f)(2) of Rule
19b-4 \11\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \12\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSEARCA-2018-56 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEARCA-2018-56. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEARCA-2018-56 and should be submitted
on or before August 31, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-17124 Filed 8-9-18; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 8, 2007 (Volume 72, Number 26)]
[Notices]
[Page 6013]
[DOCID:fr08fe07-84]

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

SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon written request, copies available from: Securities and Exchange
Commission, Office of Filings and Information Services, Washington, DC
20549.

Extension: Rule 10b-10, SEC File No. 270-389, OMB Control No. 3235-
0444.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
     Rule 10b-10; Confirmation of Transactions.
    Rule 10b-10 (17 CFR 240.10b-10) of the Securities Exchange Act of
1934 (17 U.S.C. 78a et seq.) requires broker-dealers to convey basic
trade information to customers regarding their securities transactions.
This information includes: the date and time of the transaction, the
identity and number of shares bought or sold, and the trading capacity
of the broker-dealer. Depending on the trading capacity of the broker-
dealer, the Rule requires the disclosure of commissions as well as
mark-up and mark-down information. For transactions in debt securities,
the Rule requires the disclosure of redemption and yield information.
The Rule potentially applies to all of the approximately 6,014 firms
registered with the Commission that affect transactions on behalf of
customers.
    The confirmations required by Rule 10b-10 are generally processed
through automated systems. It takes approximately 1 minute to generate
and send a confirmation. It is estimated that broker-dealers spend 77.4
million hours per year complying with Rule 10b-10.
    The Commission staff estimates the costs of producing and sending a
paper confirmation, including postage, to be approximately 91 cents.
The Commission staff also estimates that the cost of producing and
sending a wholly electronic confirmation is approximately 52 cents. The
amount of confirmations sent and the cost of sending each confirmation
varies from firm to firm. Smaller firms generally send fewer
confirmations than larger firms because they affect fewer transactions.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; (b) the accuracy of the agency's estimates of
the burden of the proposed collection of information; (c) ways to
enhance the quality, utility and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    Direct your written comments to R. Corey Booth, Director/Chief
Information Officer, Securities and Exchange Commission, C/O Shirley
Martinson, 6432 General Green Way, Alexandria, VA 22312 or send an e-
mail to<EMAIL_ADDRESS>Comments must be submitted to OMB within
60 days of this notice.

    Dated: January 31, 2007.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-2086 Filed 2-7-07; 8:45 am]

BILLING CODE 8010-01-P


APPENDIX A

DATA IMPACT ANALYSIS

Table A-1 presents a complete listing of the pounds of total releases, total production related waste, total non-production related waste and total combined production and non-production related waste that would not be reported by chemical under the New Eligibility for Form A: PBT Chemicals Option at at the 500 pound ARA threshold (with no disposal or other releases).  Table A-2 presents a complete listing of the pounds of total releases, total production related waste, total non-production related waste and total combined production and non-production related waste that would not be reported by chemical under the Expanded Eligibility for Form A: Non-PBT Chemicals Option at at the 5,000 pound ARA threshold (with disposal and other releases restricted to 2,000 pounds). Tables A-1 and A-2 were used to derive the information presented in Table 5-1 in Chapter 5.   Table A-3 provides summary information on Non-PBT chemicals that would have 100 percent of their total disposal or other releases pounds reported on Form A.

TABLE A-1

POUNDS OF TOTAL RELEASES AND PRODUCTION RELATED WASTE

THAT WOULD NOT BE REPORTED UNDER THE

NEW ELIGIBILITY FOR FORM A: PBT CHEMICALS OPTION

	Total Disposal and Other Releases	Total Production Related Waste	Total Non-Production Related Waste	Total Combined Production and Non-Production Related Waste

Chemical Name	Pounds not reported	Percent not reported	Pounds not reported	Percent not reported	Pounds not reported	Percent not reported Pounds not reported	Percent not reported

All PBT Chemicals	0	0.00%	83,129	0.01%	283	0.01%	83,412	0.01%

Benzo(g,h,i)perylene	0	0.00%	2,727	0.42%	8	1.69%	2,735	0.42%

Chlordane	0	0.00%	185	0.08%	0	0.00%	185	0.08%

Hexachlorobenzene	0	0.00%	803	0.01%	2	0.02%	804	0.01%

Isodrin	0	0.00%	187	19.62%	0	0.00%	187	19.62%

Lead	0	0.00%	57,219	0.05%	56	0.00%	57,275	0.05%

Lead Compounds	0	0.00%	14,431	0.00%	20	0.00%	14,451	0.00%

Mercury	0	0.00%	1,130	0.17%	138	20.36%	1,268	0.19%

Mercury Compounds	0	0.00%	793	0.02%	0	0.00%	793	0.02%

Methoxychlor	0	0.00%	197	0.08%	0	0.00%	197	0.08%

Octachlorostyrene	0	0.00%	4	0.22%	0	0.00%	4	0.22%

Pendimethalin	0	0.00%	0	0.00%	0	0.00%	0	0.00%

Pentachlorobenzene	0	0.00%	74	0.01%	0	0.00%	74	0.01%

Polychlorinated Biphenyls	0	0.00%	1,972	0.03%	0	0.00%	1,972	0.03%

Polycyclic Aromatic Compounds	0	0.00%	3,050	0.01%	61	0.11%	3,111	0.01%

Tetrabromobisphenol A	0	0.00%	357	0.06%	0	0.00%	357	0.06%

Trifluralin	0	0.00%	0	0.00%	0	0.00%	0	0.00%

TABLE A-2

POUNDS OF TOTAL RELEASES AND PRODUCTION RELATED WASTE

THAT WOULD NOT BE REPORTED UNDER THE

EXPANDED ELIGIBILITY FOR FORM A: NON-PBT CHEMICALS OPTION

Chemical Name	Total Disposal and Other Releases	Total Production Related Waste	Total Non-Production Related Waste	Total Combined Production and Non-Production Related Waste

	Pounds not reported	Percent not reported	Pounds not reported	Percent not reported	Pounds not reported	Percent not reported	Pounds not reported	Percent not reported

All Non-PBT Chemicals	5,713,104	0.14%	16,052,663	0.06%	83,832	0.48% 16,136,495	0.06%

1-(3-Chloroallyl)-3,5,7-Triaza-1-Azoniaadamantane Chloride	3,207	53.34% 6,555	13.46%	0	0.00%	6,555	13.46%

1,1,1,2-Tetrachloroethane	254	2.10%	1,069	0.01%	0	0.00%	1,069	0.01%

1,1,1-Trichloroethane	17	0.02%	5,934	0.13%	0	0.00%	5,934	0.13%

1,1-Dichloro-1,2,2-Trifluoroethane	700	100.00%	700	3.44%	0	0.00%	700 3.44%

1,1-Dichloro-1-Fluoroethane	24,568	1.52%	24,158	0.87%	10	0.99%	24,168 0.87%

1,1-Dimethyl Hydrazine	751	93.29%	1,598	3.88%	0	0.00%	1,598	3.88%

1,2,4-Trichlorobenzene	1,455	2.67%	4,987	0.23%	0	0.00%	4,987	0.23%

1,2,4-Trimethylbenzene	158,459	2.08%	474,416	0.75%	4,869	28.28%	479,286 0.75%

1,2-Butylene Oxide	520	20.82%	520	0.25%	0	0.00%	520	0.25%

1,2-Dibromoethane	3,776	49.50%	5,435	5.73%	0	0.00%	5,435	5.73%

1,2-Dichloroethane	881	0.09%	1,960	0.00%	0	0.00%	1,960	0.00%

1,2-Dichloroethylene	37	0.89%	2,670	0.03%	0	0.00%	2,670	0.03%

1,2-Dichloropropane	0	0.00%	607	0.00%	0	0.00%	607	0.00%

1,3-Butadiene	30,178	1.54%	58,971	0.06%	0	0.00%	58,971	0.06%

1,3-Dichloro-1,1,2,2,3-Pentafluoropropane	10	0.29%	710	1.04%	0	0.00%	710 1.04%

1,3-Dichlorobenzene	1,103	56.90%	1,865	0.25%	0	0.00%	1,865	0.25%

1,3-Dichloropropylene	1,365	34.63%	1,943	0.01%	0	0.00%	1,943	0.01%

1,4-Dichlorobenzene	2,117	2.35%	2,117	0.20%	0	0.00%	2,117	0.20%

1,4-Dioxane	606	0.07%	8,728	0.17%	0	0.00%	8,728	0.17%

1-Bromo-1-(Bromomethyl)-1,3-Propanedicarbonitrile	0	0.00%	1,227	100.00% 0	0.00%	1,227	100.00%

1-Chloro-1,1-Difluoroethane	1,568	0.03%	1,568	0.01%	0	0.00%	1,568	0.01%

2,2-Dichloro-1,1,1-Trifluoroethane	849	0.40%	849	0.06%	0	0.00%	849	0.06%

2,4,6-Trichlorophenol	1,804	94.65%	3,640	0.29%	0	0.00%	3,640	0.29%

2,4-D	1,832	0.95%	8,907	0.72%	0	0.00%	8,907	0.72%

2,4-D 2-Ethylhexyl Ester	643	100.00%	6,942	100.00%	0	0.00%	6,942	100.00%

2,4-D Sodium Salt	0	0.00%	4,622	5.06%	0	0.00%	4,622	5.06%

2,4-Diaminotoluene	446	3.77%	570	0.02%	0	0.00%	570	0.02%

2,4-Dichlorophenol	39	0.28%	2,015	0.73%	0	0.00%	2,015	0.73%

2,4-Dimethylphenol	659	0.39%	3,923	0.25%	0	0.00%	3,923	0.25%

2-Ethoxyethanol	4,990	2.66%	8,650	0.38%	0	0.00%	8,650	0.38%

2-Mercaptobenzothiazole	3,666	0.57%	8,869	0.64%	0	0.00%	8,869	0.64%

2-Methoxyethanol	64	0.04%	3,009	0.15%	0	0.00%	3,009	0.15%

2-Methyllactonitrile	1,713	1.60%	1,713	1.33%	0	0.00%	1,713	1.33%

2-Phenylphenol	729	22.98%	6,453	69.96%	0	0.00%	6,453	69.96%

3,3-Dichloro-1,1,1,2,2-Pentafluoropropane	10	0.02%	610	0.42%	0	0.00%	610 0.42%

3,3'-Dichlorobenzidine Dihydrochloride	0	0.00%	993	100.00%	0	0.00%	993 100.00%

3-Iodo-2-Propynyl Butylcarbamate	4,374	3.45%	32,990	12.50%	0	0.00% 32,990	12.50%

4,4'-Isopropylidenediphenol	13,302	0.92%	24,455	0.25%	2,500	99.96% 26,955	0.27%

4,4'-Methylenebis(2-Chloroaniline)	0	0.00%	1,430	5.61%	0	0.00%	1,430 5.61%

4,4'-Methylenedianiline	1,818	1.08%	7,446	1.92%	0	0.00%	7,446	1.92%

4-Nitrophenol	375	44.27%	724	0.76%	0	0.00%	724	0.76%

Abamectin	0	3.23%	652	3.36%	0	0.00%	652	3.36%

Acephate	5	0.02%	3,300	4.26%	0	0.00%	3,300	4.26%

Acetaldehyde	4,288	0.03%	8,318	0.01%	0	0.00%	8,318	0.01%

Acetonitrile	2,412	0.02%	20,750	0.02%	0	0.00%	20,750	0.02%

Acetophenone	1,262	0.17%	5,063	0.02%	0	0.00%	5,063	0.02%

Acifluorfen, Sodium Salt	0	0.00%	2,997	0.32%	0	0.00%	2,997	0.32%

Acrolein	8,935	3.14%	9,488	0.08%	0	0.00%	9,488	0.08%

Acrylamide	2,698	0.03%	18,965	0.18%	0	0.00%	18,965	0.18%

Acrylic Acid	13,825	0.20%	64,550	0.06%	0	0.10%	64,550	0.06%

Acrylonitrile	12,024	0.15%	38,433	0.02%	0	0.00%	38,433	0.02%

Aldicarb	1,494	94.32%	1,494	2.96%	0	0.00%	1,494	2.96%

Allyl Alcohol	3,443	0.57%	6,211	0.04%	0	0.00%	6,211	0.04%

Allyl Chloride	758	1.97%	2,123	0.03%	0	0.00%	2,123	0.03%

Allylamine	500	8.21%	1,250	0.77%	0	0.00%	1,250	0.77%

Aluminum (Fume Or Dust)	34,652	0.07%	57,028	0.07%	1,300	2.72%	58,328 0.08%

Aluminum Oxide (Fibrous Forms)	8,741	0.67%	19,286	0.55%	1	100.00%	19,287 0.55%

Ametryn	118	30.33%	1,814	0.51%	0	0.00%	1,814	0.51%

Ammonia	174,876	0.05%	279,503	0.03%	2,308	0.46%	281,810	0.03%

Aniline	2,357	0.25%	9,755	0.04%	0	0.00%	9,755	0.04%

Anthracene	13,174	12.73%	25,768	2.10%	340	99.82%	26,108	2.13%

Antimony	10,413	0.93%	40,970	0.55%	3	0.01%	40,973	0.54%

Antimony Compounds	78,891	0.79%	186,435	1.06%	2	0.04%	186,437	1.06%

Arsenic	3,674	0.40%	13,430	0.55%	58	1.27%	13,488	0.55%

Arsenic Compounds	23,636	0.02%	41,036	0.03%	590	0.42%	41,626	0.03%

Asbestos (Friable)	6,183	0.05%	13,517	0.11%	0	0.00%	13,517	0.11%

Atrazine	505	0.08%	8,277	0.41%	0	0.00%	8,277	0.41%

Barium	8,292	0.11%	17,222	0.20%	0	0.00%	17,222	0.20%

Barium Compounds	88,695	0.04%	141,763	0.06%	1,436	0.21%	143,199	0.06%

Benzene	148,708	2.05%	287,518	0.14%	4,874	10.82%	292,392	0.15%

Benzoyl Chloride	1,562	46.25%	4,116	0.79%	85	100.00%	4,201	0.81%

Benzoyl Peroxide	2,815	28.85%	10,912	7.04%	0	0.00%	10,912	7.04%

Benzyl Chloride	3,248	18.41%	11,289	0.99%	0	0.00%	11,289	0.99%

Beryllium	510	0.15%	3,900	0.87%	0	0.00%	3,900	0.87%

Beryllium Compounds	6,295	0.73%	6,866	0.69%	0	0.00%	6,866	0.69%

Bifenthrin	907	98.59%	5,541	3.96%	0	0.00%	5,541	3.96%

Biphenyl	10,464	2.35%	34,557	0.54%	1	42.19%	34,558	0.54%

Boron Trifluoride	1,305	15.40%	3,628	0.53%	0	0.00%	3,628	0.53%

Bromine	3,399	0.89%	4,217	0.06%	181	59.53%	4,398	0.06%

Bromomethane	3,277	0.61%	3,277	0.05%	0	0.00%	3,277	0.05%

Bromoxynil	22	68.75%	808	0.70%	0	0.00%	808	0.70%

Butyl Acrylate	26,703	11.84%	82,120	0.21%	0	0.00%	82,120	0.21%

Butyraldehyde	3,224	1.12%	9,600	0.18%	0	0.00%	9,600	0.18%

C.I. Direct Blue 218	1,859	100.00%	6,591	100.00%	0	0.00%	6,591	100.00%

Cadmium	1,157	0.15%	11,363	1.00%	0	0.00%	11,363	0.97%

Cadmium Compounds	7,710	0.18%	12,528	0.20%	0	0.00%	12,528	0.20%

Captan	678	23.23%	2,481	1.58%	0	0.00%	2,481	1.58%

Carbaryl	1,887	54.61%	3,802	0.61%	0	0.00%	3,802	0.61%

Carbon Disulfide	14,305	0.05%	28,743	0.03%	0	0.00%	28,743	0.03%

Carbon Tetrachloride	2,788	0.88%	8,101	0.03%	119	1.05%	8,220	0.03%

Carbonyl Sulfide	5,793	0.03%	20,982	0.01%	0	0.00%	20,982	0.01%

Carboxin	27	100.00%	2,046	100.00%	0	0.00%	2,046	100.00%

Catechol	9,836	27.51%	126,882	2.48%	1	95.74%	126,883	2.48%

Certain Glycol Ethers	154,799	0.66%	541,434	0.24%	1,151	4.94%	542,585 0.24%

Chlorimuron Ethyl	39	100.00%	4,086	100.00%	0	0.00%	4,086	100.00%

Chlorine	106,267	1.10%	177,838	0.03%	937	29.05%	178,774	0.03%

Chlorine Dioxide	750	0.14%	550	0.00%	0	0.00%	550	0.00%

Chloroacetic Acid	2,487	40.81%	8,878	0.70%	0	0.00%	8,878	0.70%

Chlorobenzene	1,736	0.23%	8,853	0.06%	0	0.00%	8,853	0.06%

Chlorodifluoromethane	26,093	0.37%	46,873	0.42%	0	0.00%	46,873	0.41%

Chloroethane	1,903	0.26%	10,639	0.02%	0	0.00%	10,639	0.02%

Chloroform	3,599	0.36%	6,015	0.02%	0	0.00%	6,015	0.02%

Chloromethane	8,575	0.49%	17,716	0.07%	25	0.87%	17,741	0.07%

Chloromethyl Methyl Ether	1,073	98.89%	1,118	10.01%	0	0.00%	1,118	10.01%

Chlorophenols	90	0.21%	1,194	0.05%	0	0.00%	1,194	0.05%

Chloropicrin	4,983	34.03%	11,492	23.46%	0	0.00%	11,492	23.37%

Chlorothalonil	1,281	0.42%	11,957	0.42%	0	0.00%	11,957	0.42%

Chlorotrifluoromethane	250	0.68%	4,370	3.71%	0	0.00%	4,370	3.71%

Chlorsulfuron	1	100.00%	2,673	100.00%	0	0.00%	2,673	100.00%

Chromium	120,066	1.11%	641,365	0.61%	197	0.04%	641,563	0.61%

Chromium Compounds(Except Chromite Ore Mined In The Transvaal Region) 150,637	0.25%	306,754	0.19%	1,855	0.80%	308,609	0.19%

Cobalt	11,375	1.45%	82,966	0.78%	0	0.00%	82,966	0.78%

Cobalt Compounds	62,574	0.91%	99,612	1.04%	0	0.00%	99,612	1.04%

Copper	131,586	1.06%	699,143	0.07%	3,081	0.62%	702,224	0.07%

Copper Compounds	132,911	0.09%	236,879	0.06%	966	0.03%	237,846	0.06%

Creosote	6,262	1.34%	17,074	0.14%	0	0.00%	17,074	0.14%

Cresol (Mixed Isomers)	6,758	0.46%	32,277	0.15%	5	1.09%	32,282	0.15%

Crotonaldehyde	1,723	26.02%	4,823	0.40%	0	0.00%	4,823	0.40%

Cumene	28,596	2.99%	85,675	0.02%	268	30.44%	85,943	0.02%

Cumene Hydroperoxide	4,241	0.96%	7,241	0.48%	0	0.00%	7,241	0.48%

Cupferron	0	0.00%	840	100.00%	0	0.00%	840	100.00%

Cyanide Compounds	11,821	0.19%	83,552	0.27%	833	19.46%	84,384	0.27%

Cyclohexane	61,936	1.31%	169,371	0.22%	1,514	2.85%	170,885	0.22%

Cyclohexanol	1,005	0.02%	5,142	0.08%	0	0.00%	5,142	0.08%

Decabromodiphenyl Oxide	24,642	2.59%	60,944	3.95%	1,994	2.60%	62,938 3.88%

Desmedipham	60	100.00%	1,056	100.00%	0	0.00%	1,056	100.00%

Di(2-Ethylhexyl) Phthalate	31,459	3.73%	75,715	0.76%	175	0.14%	75,890 0.75%

Diaminotoluene (Mixed Isomers)	1,672	12.98%	8,382	0.07%	2	100.00%	8,384 0.07%

Dibenzofuran	3,427	14.85%	10,234	4.13%	0	0.00%	10,234	4.13%

Dibutyl Phthalate	9,192	5.21%	53,191	3.00%	0	0.00%	53,191	3.00%

Dichlorobenzene (Mixed Isomers)	0	0.00%	3,983	0.28%	0	0.00%	3,983	0.28%

Dichlorodifluoromethane	2,691	1.20%	6,360	0.80%	0	0.00%	6,360	0.78%

Dichlorofluoromethane	1,820	32.66%	1,820	5.13%	0	0.00%	1,820	5.13%

Dichloromethane	35,707	0.46%	81,757	0.03%	48	0.18%	81,805	0.03%

Dichlorotetrafluoroethane (Cfc-114)	588	0.15%	2,987	0.09%	0	0.00%	2,987 0.09%

Dichlorotrifluoroethane	1,250	100.00%	1,250	3.39%	0	0.00%	1,250	3.39%

Dichlorvos	255	100.00%	3,456	7.37%	0	0.00%	3,456	7.37%

Dicyclopentadiene	6,071	1.55%	22,730	0.54%	0	0.00%	22,730	0.54%

Diethanolamine	22,517	1.62%	96,942	1.11%	0	0.00%	96,942	1.11%

Diethyl Sulfate	322	3.30%	6,212	39.69%	0	0.00%	6,212	39.69%

Diglycidyl Resorcinol Ether	0	0.00%	2,159	100.00%	0	0.00%	2,159	100.00%

Diisocyanates	57,250	3.42%	274,557	3.92%	2,726	13.37%	277,283	3.95%

Dimethoate	3	0.01%	5,161	4.51%	0	0.00%	5,161	4.51%

Dimethyl Phthalate	13,580	3.29%	16,309	0.28%	0	0.00%	16,309	0.28%

Dimethyl Sulfate	2,183	22.20%	2,183	0.55%	0	0.00%	2,183	0.55%

Dimethylamine	6,210	1.00%	18,395	0.13%	0	0.00%	18,395	0.13%

Dimethylamine Dicamba	1,500	100.00%	3,059	100.00%	0	0.00%	3,059	100.00%

Dinitrotoluene (Mixed Isomers)	1,405	21.33%	3,652	0.08%	0	0.00%	3,652 0.08%

Diphenylamine	3,262	0.79%	12,972	0.25%	0	0.00%	12,972	0.25%

Diuron	255	93.03%	4,688	2.09%	0	0.00%	4,688	2.09%

Epichlorohydrin	7,026	3.91%	9,991	0.04%	0	0.00%	9,991	0.04%

Ethoprop	2	0.00%	2,631	2.88%	0	0.00%	2,631	2.88%

Ethyl Acrylate	14,690	9.73%	52,095	0.61%	0	0.00%	52,095	0.61%

Ethylbenzene	147,648	2.15%	466,559	0.41%	1,609	6.41%	468,168	0.41%

Ethylene	19,722	0.10%	26,165	0.00%	97	0.22%	26,262	0.00%

Ethylene Glycol	87,017	0.87%	457,590	0.09%	2,846	7.03%	460,436	0.09%

Ethylene Oxide	14,232	3.82%	35,111	0.17%	1,519	59.00%	36,630	0.18%

Ethylene Thiourea	255	97.73%	1,159	0.90%	0	0.00%	1,159	0.90%

Ethylenebisdithiocarbamic Acid, Salts And Esters	100	0.56%	2,680	0.64%	0 0.00%	2,680	0.64%

Fenbutatin Oxide	1,158	100.00%	1,158	100.00%	0	0.00%	1,158	100.00%

Fluometuron	1,756	99.43%	1,756	1.16%	0	0.00%	1,756	1.16%

Fluorouracil	500	100.00%	732	100.00%	0	0.00%	732	100.00%

Folpet	505	6.19%	2,805	26.83%	0	0.00%	2,805	26.83%

Fomesafen	35	0.08%	561	0.97%	0	0.00%	561	0.97%

Formaldehyde	66,938	0.25%	150,143	0.10%	1	0.09%	150,144	0.10%

Formic Acid	20,973	0.21%	62,013	0.04%	0	0.00%	62,013	0.04%

Hexachloroethane	322	31.73%	2,966	0.04%	281	45.99%	3,247	0.04%

Hydramethylnon	5	100.00%	1,011	100.00%	0	0.00%	1,011	100.00%

Hydrazine	1,273	0.77%	4,696	1.18%	0	0.00%	4,696	1.18%

Hydrochloric Acid (1995 And After "Acid Aerosols" Only)	51,532	0.01% 82,603	0.00%	87	0.04%	82,691	0.00%

Hydrogen Cyanide	4,446	0.13%	7,002	0.01%	0	0.00%	7,002	0.01%

Hydrogen Fluoride	16,442	0.02%	58,355	0.02%	400	0.33%	58,755	0.02%

Hydroquinone	3,686	0.64%	12,300	0.30%	0	0.00%	12,300	0.30%

Iron Pentacarbonyl	1,290	2.96%	1,290	2.94%	0	0.00%	1,290	2.94%

Isobutyraldehyde	750	0.33%	750	0.02%	0	0.00%	750	0.02%

Lithium Carbonate	6,729	3.19%	17,079	6.47%	0	0.00%	17,079	6.47%

Malathion	363	1.50%	10,309	2.01%	0	0.00%	10,309	2.01%

Maleic Anhydride	22,252	2.91%	59,388	0.12%	0	0.00%	59,388	0.12%

Maneb	335	100.00%	2,070	100.00%	0	0.00%	2,070	100.00%

Manganese	115,615	0.59%	634,833	0.58%	2,423	1.09%	637,255	0.58%

Manganese Compounds	107,758	0.05%	200,028	0.07%	850	0.48%	200,878	0.07%

M-Cresol	2,186	0.58%	14,159	0.49%	0	0.00%	14,159	0.49%

Mecoprop	250	100.00%	2,864	20.09%	0	0.00%	2,864	20.09%

Methacrylonitrile	1,423	1.60%	1,423	0.45%	0	0.00%	1,423	0.45%

Methanol	211,829	0.11%	457,973	0.02%	454	0.31%	458,427	0.02%

Methyl Acrylate	6,266	3.05%	25,600	0.36%	0	0.00%	25,600	0.36%

Methyl Hydrazine	258	100.00%	1,970	14.12%	0	0.00%	1,970	14.12%

Methyl Iodide	187	0.24%	6,879	3.86%	0	0.00%	6,879	3.86%

Methyl Isobutyl Ketone	68,684	0.79%	199,694	0.15%	1,526	0.19%	201,220 0.15%

Methyl Methacrylate	60,343	1.65%	127,464	0.41%	1,452	21.98%	128,916 0.41%

Methyl Parathion	80	98.77%	3,980	2.15%	0	0.00%	3,980	2.15%

Methyl Tert-Butyl Ether	53,504	2.63%	77,414	0.06%	1,461	19.44%	78,875 0.06%

Mixture	5,673	1.26%	13,139	0.99%	0	0.00%	13,139	0.99%

Molinate	1,119	53.55%	1,804	3.57%	0	0.00%	1,804	3.57%

Molybdenum Trioxide	22,352	1.33%	42,853	0.67%	0	0.00%	42,853	0.67%

M-Xylene	5,649	1.01%	10,426	0.12%	0	0.00%	10,426	0.12%

N,N-Dimethylformamide	4,174	0.25%	40,228	0.10%	1	0.01%	40,229	0.10%

Nabam	0	0.00%	4,203	8.05%	0	0.00%	4,203	8.05%

Naled	0	0.00%	1,391	100.00%	0	0.00%	1,391	100.00%

Naphthalene	106,400	3.11%	316,532	0.80%	1,529	8.88%	318,061	0.81%

N-Butyl Alcohol	58,594	0.33%	200,718	0.17%	9	0.53%	200,727	0.17%

N-Hexane	237,896	0.60%	383,062	0.04%	2,684	1.76%	385,745	0.04%

Nickel	112,295	1.84%	777,994	0.69%	173	0.05%	778,168	0.69%

Nickel Compounds	100,335	0.29%	302,087	0.32%	321	0.43%	302,409	0.32%

Nicotine And Salts	5,306	0.69%	9,238	0.44%	0	0.00%	9,238	0.44%

Nitrate Compounds	24,808	0.01%	131,746	0.02%	0	0.00%	131,746	0.02%

Nitric Acid	38,031	0.20%	184,219	0.05%	817	0.17%	185,036	0.05%

Nitroglycerin	35	0.06%	15,406	1.13%	0	0.00%	15,406	1.13%

N-Methyl-2-Pyrrolidone	14,219	0.23%	83,801	0.17%	0	0.00%	83,801	0.17%

N-Methylolacrylamide	2,863	23.83%	14,097	34.94%	0	0.00%	14,097	34.94%

O-Anisidine	334	100.00%	634	100.00%	0	0.00%	634	100.00%

O-Cresol	2,393	0.73%	8,886	0.83%	0	0.00%	8,886	0.83%

O-Toluidine	2,124	20.50%	4,117	0.32%	0	0.00%	4,117	0.32%

O-Xylene	7,163	1.05%	29,121	0.46%	1	0.01%	29,122	0.46%

Ozone	91	0.01%	2,722	0.07%	0	0.00%	2,722	0.07%

P-Chloroaniline	505	56.56%	1,105	0.64%	0	0.00%	1,105	0.64%

P-Cresol	1,498	0.60%	9,058	0.50%	0	0.00%	9,058	0.50%

Pentachloroethane	0	0.00%	3,151	0.03%	0	0.00%	3,151	0.03%

Pentachlorophenol	2,102	10.80%	9,546	4.04%	1,560	75.04%	11,106	4.66%

Peracetic Acid	1,221	14.36%	8,851	7.17%	0	0.00%	8,851	7.17%

Perchloromethyl Mercaptan	98	74.60%	2,598	14.12%	0	0.00%	2,598	14.12%

Permethrin	597	3.36%	8,421	14.50%	0	0.00%	8,421	14.50%

Phenanthrene	12,961	3.42%	29,832	0.68%	280	13.58%	30,112	0.69%

Phenol	68,394	0.87%	160,007	0.13%	1,422	46.31%	161,429	0.13%

Phosgene	14	0.07%	1,412	0.01%	0	0.00%	1,412	0.01%

Phosphine	828	24.88%	828	1.23%	0	0.00%	828	1.23%

Phosphorus (Yellow Or White)	3,004	10.00%	21,065	1.60%	941	1.57%	22,006 1.60%

Phthalic Anhydride	20,049	4.16%	48,480	0.16%	0	0.00%	48,480	0.16%

Piperonyl Butoxide	0	0.00%	550	100.00%	0	0.00%	550	100.00%

Polychlorinated Alkanes	3,936	6.40%	17,842	1.89%	0	0.00%	17,842	1.89%

P-Phenylenediamine	15	0.09%	6,126	0.98%	0	0.00%	6,126	0.98%

Profenofos	255	100.00%	861	0.49%	0	0.00%	861	0.49%

Pronamide	5	1.92%	518	1.09%	0	0.00%	518	1.09%

Propanil	1,520	99.28%	1,020	0.47%	0	0.00%	1,020	0.47%

Propargyl Alcohol	1,187	1.85%	5,376	3.39%	0	0.00%	5,376	3.39%

Propionaldehyde	960	0.14%	4,062	0.02%	0	0.00%	4,062	0.02%

Propylene	26,690	0.22%	40,025	0.01%	64	0.03%	40,089	0.01%

Propylene Oxide	12,388	2.88%	32,078	0.06%	0	0.00%	32,078	0.06%

Propyleneimine	271	100.00%	2,155	100.00%	34	100.00%	2,189	100.00%

P-Xylene	4,918	0.34%	19,681	0.32%	0	0.00%	19,681	0.32%

Pyridine	226	0.02%	6,337	0.11%	0	0.00%	6,337	0.11%

Quinoline	2,240	7.96%	5,607	2.11%	0	0.00%	5,607	2.11%

Quinone	481	63.20%	1,744	0.19%	0	0.00%	1,744	0.19%

Quintozene	160	13.02%	1,300	0.16%	0	0.00%	1,300	0.16%

Saccharin (Manufacturing, No Supplier Notification)	393	100.00%	3,904 20.31%	0	0.00%	3,904	20.31%

Sec-Butyl Alcohol	9,582	1.12%	29,407	0.19%	0	0.00%	29,407	0.19%

Selenium	2,748	0.59%	14,542	2.63%	0	0.00%	14,542	2.63%

Selenium Compounds	3,337	0.13%	4,688	0.16%	0	0.00%	4,688	0.16%

Silver	3,104	1.23%	36,620	2.69%	200	0.56%	36,820	2.63%

Silver Compounds	3,285	0.80%	36,506	1.77%	2	0.00%	36,508	1.72%

Simazine	23	0.06%	1,188	0.20%	0	0.00%	1,188	0.20%

Sodium Dicamba	5	0.04%	1,911	12.01%	0	0.00%	1,911	12.01%

Sodium Dimethyldithiocarbamate	250	0.19%	9,849	1.57%	0	0.00%	9,849	1.57%

Sodium Nitrite	20,694	0.32%	90,440	0.20%	0	0.00%	90,440	0.20%

Sodium O-Phenylphenoxide	522	100.00%	522	100.00%	0	0.00%	522	100.00%

Styrene	112,480	0.20%	240,999	0.18%	810	0.64%	241,809	0.18%

Sulfuric Acid (1994 And After "Acid Aerosols" Only)	27,539	0.02%	51,138 0.01%	5	0.00%	51,143	0.01%

Tebuthiuron	5	100.00%	852	100.00%	0	0.00%	852	100.00%

Tert-Butyl Alcohol	9,230	0.60%	30,875	0.06%	0	0.02%	30,875	0.06%

Tetrachloroethylene	28,130	1.14%	71,677	0.07%	2,170	4.54%	73,847	0.07%

Tetrachlorvinphos	938	99.89%	7,452	7.80%	0	0.00%	7,452	7.80%

Thallium Compounds	505	0.02%	510	0.02%	0	0.00%	510	0.02%

Thiodicarb	5	0.35%	1,078	1.13%	0	0.00%	1,078	1.13%

Thiophanate-Methyl	88	100.00%	6,507	100.00%	0	0.00%	6,507	100.00%

Thiourea	1,163	71.17%	2,529	1.19%	0	0.00%	2,529	1.19%

Thiram	17,544	17.54%	39,793	14.24%	0	0.00%	39,793	14.24%

Titanium Tetrachloride	500	1.40%	5,276	0.01%	0	0.00%	5,276	0.01%

Toluene	340,414	0.59%	731,441	0.04%	10,420	0.49%	741,860	0.04%

Toluene Diisocyanate (Mixed Isomers)	18,986	15.77%	77,842	0.73%	497 94.31%	78,339	0.73%

Toluene-2,4-Diisocyanate	3,813	42.98%	12,519	0.09%	1	100.00%	12,520 0.09%

Toluene-2,6-Diisocyanate	600	47.35%	1,276	0.04%	0	0.00%	1,276	0.04%

Tribenuron Methyl	25	100.00%	1,999	100.00%	0	0.00%	1,999	100.00%

Trichlorfon	861	100.00%	1,879	100.00%	0	0.00%	1,879	100.00%

Trichloroethylene	21,144	0.35%	67,015	0.05%	2,154	4.09%	69,169	0.05%

Trichlorofluoromethane	2,831	1.06%	7,010	0.58%	0	0.00%	7,010	0.58%

Triclopyr Triethylammonium Salt	250	100.00%	518	100.00%	0	0.00%	518 100.00%

Triethylamine	6,989	0.60%	33,588	0.43%	0	0.00%	33,588	0.43%

Vanadium (Except When Contained In An Alloy)	4,740	0.30%	14,149	0.19%	0 0.00%	14,149	0.19%

Vanadium Compounds	37,680	0.07%	75,239	0.13%	0	0.00%	75,239	0.13%

Vinyl Acetate	17,430	0.57%	61,443	0.15%	0	0.00%	61,443	0.15%

Vinyl Chloride	1,026	0.13%	1,028	0.00%	0	0.00%	1,028	0.00%

Vinylidene Chloride	2,453	2.55%	6,992	0.11%	0	0.00%	6,992	0.11%

Warfarin And Salts	0	0.86%	1,929	5.57%	0	0.00%	1,929	5.57%

Xylene (Mixed Isomers)	287,286	0.73%	774,466	0.15%	4,707	0.27%	779,172 0.15%

Zinc (Fume Or Dust)	22,638	0.07%	48,812	0.08%	0	0.00%	48,812	0.08%

Zinc Compounds	357,172	0.05%	553,580	0.05%	3,568	0.15%	557,148	0.05%

TABLE A-3

Chemicals Where 100% of Total Releases Would

Potentially no Longer be Reported on Form R UNDER THE

EXPANDED ELIGIBILITY FOR FORM A: NON-PBT CHEMICALS OPTION

Chemical Name	Pounds of total releases not reported	Percent of total releases not reported	2004 #

Form R

not reported	2004 # Form R	2004 # Form A	2004 # Facilities

All Non-PBT Chemicals	5,713,104	0.14%	 9,501	 52,853	 10,833

	1,1-Dichloro-1,2,2-Trifluoroethane	700	100.00%	1	2	0	2

2,4-D 2-Ethylhexyl Ester	643	100.00%	3	3	2	5

C.I. Direct Blue 218	1,859	100.00%	4	4	1	5

Carboxin	27	100.00%	1	1	3	4

Chlorimuron Ethyl	39	100.00%	1	1	0	1

Chlorsulfuron	1	100.00%	1	1	0	1

Desmedipham	60	100.00%	1	1	0	1

Dichlorotrifluoroethane	1,250	100.00%	1	2	0	2

Dichlorvos	255	100.00%	1	3	0	3

Dimethylamine Dicamba	1,500	100.00%	2	2	3	5

Fenbutatin Oxide	1,158	100.00%	1	1	1	2

Fluorouracil	500	100.00%	1	1	0	1

Hydramethylnon	5	100.00%	1	1	0	1

Maneb	335	100.00%	1	1	3	4

Mecoprop	250	100.00%	1	2	9	11

Methyl Hydrazine	258	100.00%	2	3	0	3

O-Anisidine	334	100.00%	1	1	2	3

Profenofos	255	100.00%	1	2	0	2

Propyleneimine	271	100.00%	3	3	0	3

Saccharin (Manufacturing, No Supplier Notification)	393	100.00%	1	2	0	2

Sodium O-Phenylphenoxide	522	100.00%	1	1	4	5

Tebuthiuron	5	100.00%	1	1	1	2

Thiophanate-Methyl	88	100.00%	2	2	5	7

Tribenuron Methyl	25	100.00%	2	2	0	2

Trichlorfon	861	100.00%	2	2	0	2

Triclopyr Triethylammonium Salt	250	100.00%	1	1	2	3

A-  PAGE  16

***September 22, 2006***

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***September 22, 2006***


[Federal Register: May 31, 2006 (Volume 71, Number 104)]
[Notices]
[Page 30921-30923]
[DOCID:fr31my06-92]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2006-0397; FRL-8069-3]

TSCA Section 21 Petition; Notice of Receipt

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice.

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SUMMARY:  This notice announces receipt of a petition submitted by the
Sierra Club and requests comments on issues raised by the petition. The
petitioner is concerned about the risks of toy jewelry containing lead
and requests that EPA take four actions under the Toxic Substances
Control Act (TSCA). The petitioner requests that EPA: (1) Require TSCA
section 8(d) health and safety data reporting; (2) submit a report to
the Consumer Product Safety Commission (CPSC) under TSCA section 9; (3)
issue a significant new use rule pursuant to TSCA section 5; and (4)
issue quality control orders under TSCA section 6(b). Of the actions
requested by the petitioner, TSCA section 21 applies only to requests
for actions under TSCA sections 6(b) and 8(d). The Agency must either
grant or deny a section 21 petition within 90 days. The Agency will
therefore respond to the requests for action under TSCA sections 6(b)
and 8(d) by July 20, 2006. EPA will carefully consider the requests for
action under TSCA sections 5 and 9, which are not subject to section 21
and will respond to them at a later time.

DATES:  Comments must be received on or before June 15, 2006.

ADDRESSES:  Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2006-0397, by one of the following methods.
    http://www.regulations.gov. Follow the on-line instructions for

submitting comments.
    Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
    Hand Delivery: OPPT Document Control Office (DCO, EPA East Bldg.,
Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention:
Docket ID number EPA-HQ-OPPT-2006-0397. The DCO is open from 8 a.m. to
4 p.m., Monday through Friday, excluding legal holidays. The telephone
number for the DCO is<PHONE_NUMBER>. Such deliveries are only accepted
during the Docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2006-0397. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online 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'' systems,
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 public 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: EPA has established an official public docket for this
action under docket ID number EPA-HQ-OPPT-2006-0397. The official
public docket consists of the documents specifically referenced in this
action, any public comments received, and other related information.
All documents in the docket are listed in the regulations.gov index.
Although listed in the index, some information is not publicly
available, i.e., 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 electronically through regulations.gov or in hard copy at the
OPPT Docket, EPA Docket Center (EPA/DC), EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC. The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPPT
Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT:  For general information contact:
Colby Lintner, Regulatory Coordinator, Environmental Assistance
Division (7408M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone numbers:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>    For technical information contact: Doreen Cantor, National Program
Chemicals Division (7404T), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may potentially be affected by this action if you manufacture,
import, or distribute in commerce toy jewelry containing lead, or if
you manufacture, import, process, or distribute in commerce lead.
Potentially affected entities may include, but are not limited to:

     (NAICS code 339914) Costume jewelry and novelty
manufacturing
     (NAICS code 339932) Game, toy, and children's vehicle
manufacturing
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding some of the 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 technical person listed
under FOR FURTHER INFORMATION CONTACT.

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

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed 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 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 the estimate.
    vi. Provide specific examples to illustrate your concerns, and
suggested alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

A. What is a TSCA Section 21 Petition?

    TSCA section 21 allows citizens to petition EPA to initiate a
proceeding for the issuance, amendment, or repeal of a rule under TSCA
section 4, 6, or 8 or an order under section 5(e) or 6(b)(2). A TSCA
section 21 petition must set forth facts that the petitioner believes
establish the need for the action requested. EPA is required to grant
or deny the petition within 90 days of its filing. If EPA grants the
petition, the Agency must promptly commence an appropriate proceeding.
If EPA denies the petition, the Agency must publish its reasons for the
denial in the Federal Register. Within 60 days of denial, or the
expiration of the 90-day period, if no action is taken, the petitioner
may commence a civil action in a U.S. district court to compel
initiation of the requested rulemaking proceeding.

B. What Action is Requested Under this TSCA Section 21 Petition?

    On April 21, 2006, the Sierra Club petitioned EPA to take four
actions intended to reduce risks from toy jewelry containing lead. The
Sierra Club defines toy jewelry as ``any item that serves a decorative
but no or minimal functional purpose that is valued at less than $20
per item.'' The requested actions are:
     Require TSCA section 8(d) health and safety data reporting
for lead and lead salts.
     Submit a TSCA section 9 report to the Consumer Product
Safety Commission (CPSC) regarding lead and lead salts.
     Issue a TSCA section 5 Significant New Use Rule regarding
lead and lead salts in toy jewelry.
     Issue TSCA section 6(b) quality control orders regarding
production of toy jewelry.
    The petition also requested certain actions by CPSC, which will be
considered by that agency.
    The petition sets forth the following incidents in support of its
requests. In February 2006, a child died from lead poisoning after
ingesting toy jewelry that contained lead. In 2004, 4 importers
recalled 150 million metal toy jewelry items pursuant to an agreement
with CPSC. Another case of severe lead poisoning occurred from a toy
necklace in 2003. Finally, the petition notes that both poisonings, and
the recalled jewelry, concerned products distributed in violation of
CPSC's 1998 Codification of Guidance Policy on Lead in Consumer
Products.
    The Sierra Club petition also refers to the federal government's
goal of eliminating lead poisoning by 2010. It concludes that the
current system is not working and that stronger action is needed if the
federal government's goal is to be met.
    The petitioner therefore asks EPA to take action under TSCA. EPA
has commenced a review of this petition. Comments on the petition may
be submitted by any of the methods identified in Unit I.

C. EPA Seeks Additional Information

    In considering how to respond to the petition, EPA seeks a better
factual understanding of the potential and actual risks to human health
and the environment associated with lead in toy jewelry. Therefore, EPA
seeks data and information regarding the potential risks to human
health associated with lead in toy jewelry, including ongoing uses of
lead in toy jewelry, the extent and degree of use, and other
information.
    Under TSCA section 21, which is applicable to requests for
rulemaking proceedings under TSCA sections 6(b) and 8(d), the Agency
must either grant or deny a petition within 90 days. Because the Agency
must respond to the requests for action under TSCA sections 6(b) and
8(d) by July 20, 2006, EPA will allow the public until June 15, 2006 to
reply with any additional information relevant to the issues identified
below. EPA will carefully consider the requests for action under TSCA
sections 5 and 9, and will respond to them at a later time. In
assisting the Agency by supplying this additional information, please
follow the procedures in Unit I.B.
    In assessing the usability of any data or information that may be
submitted, EPA plans to follow the guidelines in EPA's ``A Summary of
General Assessment Factors for Evaluating the Quality of Scientific and
Technical Information'' (EPA 100/B-03/001), referred to as the
``Assessment Factors Document.'' This document is available at the
following website:http://www.epa.gov/osa/spc/assess.htm. The Federal

Register notice for this document is available at the following Web
site: http://www.epa.gov/fedrgstr/EPA-GENERAL/2003/July/Day-01/g16328.htm
.

    In particular, EPA seeks information on the following:
    1. Quantitative information, data and/or reports (e.g., incident
reports, recent scientific and technical studies)

associated with the presence of lead in toy jewelry. This would include
any information on how and why lead is used in toy jewelry, the extent
and prevalence of lead in toy jewelry, and the concentrations of lead
found in toy jewelry (including lead used by design or by inadvertent
contamination). The Agency is also interested in information on the
manner and methods of manufacturing, processing, distribution in
commerce, and disposal of toy jewelry containing lead.
    2. Quantitative information, data and/or case examples (e.g.,
incident reports, recent scientific and technical studies) associated
with the health effects, particularly to children, from toy jewelry or
similar objects containing lead. This would include any case studies or
other information relating to exposure of human beings or the
environment to lead in toy jewelry, particularly any exposure of
children to lead in toy jewelry. Also useful would be information on
exposure to lead in similar objects which are available to children via
direct mouthing or ingestion, or hand-to-mouth behavior. This would
include any studies or other information relating lead concentration or
quantity to blood lead level or health effects.
    3. Information on and evidence of quality control procedures for
the manufacture, import, distribution, and sale of toy jewelry,
particularly those procedures that would measure and monitor lead
content of various components of toy jewelry. This would include
information of the cost and effectiveness of these procedures.
    4. Information on the availability, cost, and health effects of
alternatives to lead in toy jewelry.
    5. Information on whether the definition of toy jewelry used by the
Sierra Club (``any item that serves a decorative but no or minimal
functional purpose that is valued at less than $20 per item'') is clear
and otherwise appropriate.

List of Subjects

    Environmental protection.

    Dated: May 23, 2006.
Wendy C. Hamnett,
Acting Director, Office of Pollution Prevention and Toxics.
[FR Doc. E6-8246 Filed 5-30-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register: December 17, 2007 (Volume 72, Number 241)]
[Notices]
[Page 71400-71401]
[DOCID:fr17de07-61]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13038-000]

BPUS Generation Development, LLC; Notice of Application Accepted
for Filing and Soliciting Motions To Intervene, Protests, and Comments

December 10, 2007.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 13038-000.
    c. Date filed: September 28, 2007.
    d. Applicant: BPUS Generation Development, LLC.
    e. Name of Project: William H. Harsha Dam Hydroelectric Project.
    f. Location: East Fork of the Little Miami River in Clermont
County, Ohio. It would use the U.S. Army Corps of Engineers' William H.
Harsha Dam.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Jeffrey M. Auser, P.E., BPUS Generation
Development, LLC, 225 Greenfield Parkway, Suite 201, Liverpool, NY
13088,<PHONE_NUMBER>.
    i. FERC Contact: Robert Bell,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Comments, protests, and
interventions may be filed electronically via the Internet in lieu of
paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site under the ``e-Filing'' link. The Commission
strongly encourages electronic filings. Please include the project
number (P-13038-000) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed project using the U.S. Army
Corps of Engineers' William H. Harsha Dam and operated in a run-of-
river mode would consist of: (1) A new 100-foot long, 100-foot wide,
50-foot high concrete powerhouse immediately below the dam, on the left
bank of the existing stilling basin; (2) one 1,000-foot-long, 9-meter-
diameter steel penstock; (3) the existing Corps' intake and a new
conduit embed in the base of one of the existing outlet tunnels; (4)
two turbine/generator units with a combined installed capacity of 15
megawatts; (5) a new 9,760-foot long above ground transmission line
extending from the switchyard near the powerhouse south to an
interconnection point with an existing transmission line; and (6)
appurtenant facilities. The proposed William H. Harsha Dam Project
would have an average annual generation of 25 gigawatt-hours.
    l. This filing is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's Web site 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, call toll-free 1-
866-208-3676 or e-mail<EMAIL_ADDRESS>For TTY, call (202)
502-8659. A copy is also available for inspection and reproduction at
the address in item h above.
    m. Competing Preliminary Permit: Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR 4.30
and 4.36.
    n. Competing Development Application: Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30 and 4.36.
    o. Notice of Intent: A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    p. Proposed Scope of Studies Under Permit: A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    q. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    r. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``NOTICE OF INTENT
TO FILE COMPETING APPLICATION'', ``COMPETING APPLICATION'',
``PROTEST'', and ``MOTION TO INTERVENE'', as applicable, and the
Project Number of the particular application to which the filing
refers. Any of the above-named documents must be filed by providing the
original and the number of copies provided by the Commission's
regulations to: The Secretary, Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC 20426. An additional copy must be
sent to Director, Division of Hydropower Administration and Compliance,
Federal Energy Regulatory Commission, at the above-mentioned address. A
copy of any notice of intent, competing application or motion to
intervene must also be served upon each representative of the Applicant
specified in the particular application.
    s. Agency Comments: Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-24305 Filed 12-14-07; 8:45 am]

BILLING CODE 6717-01-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer requesting an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raised a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks a LOT of different questions I want to respond to. I want to provide my input on many of these issues, but the time allotted to research and comment on these questions is limited. I have already spent many hours researching and dissecting these issues, but they need more time. I know that the FDA took many years to even come up with the Proposed Rule, so I think it is only fair to allow the public more time to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, they HAVE worked, and I firmly believe that they saved my life. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.