[Federal Register Volume 83, Number 71 (Thursday, April 12, 2018)]
[Notices]
[Pages 15828-15833]
[FR Doc No: 2018-07513]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL 9976-67-OW]

Notice of Funding Availability (NOFA) for Applications for Credit
Assistance Under the Water Infrastructure Finance and Innovation Act
(WIFIA) Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of funding availability.

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SUMMARY: In the Consolidated Appropriations Act, 2018, signed by the
President on March 23, 2018, Congress provided at least $55 million in
budget authority for the Water Infrastructure Finance and Innovation
Act of 2014 (WIFIA) program to cover the subsidy required to provide a
much larger amount of credit assistance. The Environmental Protection
Agency (EPA) estimates that this budget authority may provide
approximately $5.5 billion in credit assistance and may finance
approximately $11 billion in water infrastructure investment, while
covering increased costs associated with implementing a larger program.
The purpose of this notice of funding availability (NOFA) is to solicit
letters of interest (LOIs) from prospective borrowers seeking credit
assistance from EPA.

DATES: The LOI submittal period will begin on April 12, 2018 and end at
12 p.m. (noon) EDT on July 6, 2018.

ADDRESSES: Prospective borrowers should submit all LOIs electronically
via email at: [email protected] or via EPA's SharePoint site. To be granted
access to the SharePoint site, prospective borrowers should contact
[email protected] and request a link to the SharePoint site, where they can
securely upload their LOIs. Requests to upload documents should be made
no later than 12:00 p.m. (noon) EDT on July 3, 2018.
    EPA will notify prospective borrowers that their letter of interest
has been received via a confirmation email.
    Prospective borrowers can access additional information, including
the WIFIA program handbook and application materials, on the WIFIA
website: https://www.epa.gov/wifia/.

SUPPLEMENTARY INFORMATION: EPA will evaluate and select proposed
projects described in the LOIs using the selection criteria established
in statute and regulation, and further described in this NOFA as well
as the WIFIA program handbook. This NOFA establishes relative weights
that will be used in the current LOI submittal period for the selection
criteria and outlines the process that prospective borrowers should
follow to be considered for WIFIA credit assistance. In addition, EPA
reserves the right to make additional awards under this announcement,
consistent with Agency policy and guidance, if additional funding is
available after the original selections are made.
    For a project to be considered during a selection round, EPA should
receive a LOI, preferably via email or SharePoint, before the
corresponding deadline listed above. EPA is only able to accept emails
of 25 MB or smaller with unzipped attachments. If necessary due to size
restrictions, prospective borrowers may submit attachments separately,
as long as they are received by the deadline.
    When writing a LOI, prospective borrowers should fill out the WIFIA
Letter of Interest form and follow the guidelines contained on the
WIFIA program website: https://www.epa.gov/wifia/wifia-application-materials-and-resources. Prospective borrowers should provide the LOI
and any attachments as Microsoft Word documents or searchable PDF
files, whenever possible, to facilitate EPA's review. Additionally,
prospective borrowers should ensure that financial information,
including the pro forma financial statement, is in a formula-based
Microsoft Excel document. Section V of this NOFA provides additional
details on the contents of the LOIs.
    EPA will invite each prospective borrower whose project proposal is
selected for continuation in the process to submit a final application.
Final applications should be received by EPA within 365 days of the
invitation to apply.
    EPA will host a series of webinars to provide further information
about submitting a LOI. The webinar schedule and registration
directions can be found on the WIFIA program website: www.epa.gov/wifia.
    Prospective borrowers with questions about the program or interest
in meeting with WIFIA program staff may send a request to
[email protected]. EPA will meet with all prospective borrowers interested
in discussing the program, but only prior to submission of a LOI.

Table of Contents

I. Background
II. Program Funding
III. Eligibility Requirements
IV. Types of Credit Assistance
V. Letters of Interest and Applications
VI. Fees
VII. Selection Criteria

I. Background

    Congress enacted WIFIA as part of the Water Resources Reform and
Development Act of 2014 (WRRDA). Codified at 33 U.S.C. 3901-3914, WIFIA
authorizes a federal credit program for water infrastructure projects
to be administered by EPA. WIFIA authorizes EPA to provide federal
credit assistance in the form of secured (direct) loans or loan
guarantees for eligible water infrastructure projects.
    The WIFIA program's mission is to accelerate investment in our
nation's water and wastewater infrastructure by providing long-term,
low-cost, supplemental credit assistance under customized terms to
creditworthy drinking water and wastewater infrastructure projects of
national and regional significance.

II. Program Funding

    Congress appropriated at least $55 million in funding to cover the
subsidy cost of providing WIFIA credit assistance. The subsidy cost
covers the Federal government's risk that the loan may not be paid
back. EPA anticipates that the average subsidy cost for WIFIA-funded
projects will be relatively low, therefore, this funding can be
leveraged into a much larger amount of credit assistance. EPA estimates
that this appropriation will allow it to provide approximately $5.5
billion \1\ in long-term, low-cost financing to water and wastewater
projects and accelerate approximately $11 billion in infrastructure
investment around the country.
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    \1\ This estimated loan volume is provided for reference only.
Consistent with the Federal Credit Reform Act of 1990 and the
requirements of the Office of Management and Budget, the actual
subsidy cost of providing credit assistance is based on individual
project characteristics and calculated on a project-by-project
basis. Thus, actual lending capacity may vary.
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    Recognizing the need that exists in both small and large
communities to invest in infrastructure, Congress stipulated in statute
that EPA set aside 15% of the budget authority appropriated each year
for small communities, defined as systems that serve a population of
less than 25,000. Of the funds set aside, any amount not obligated by
June 1 of the fiscal year for which budget authority is set aside may
be used for any size community. Regardless of whether EPA obligates
these funds by June 1 of the fiscal year for which budget authority is
set aside, EPA will endeavor to use 15% of its budget authority for
small communities.
    In addition to assisting both large and small projects and
communities, WIFIA may be an attractive borrowing mechanism for a
variety of different borrower and credit types. EPA anticipates that
municipalities, private entities, project financings, and State
Revolving Fund programs will benefit from the low cost and debt
structuring flexibilities that WIFIA loans can offer.

III. Eligibility Requirements

    The WIFIA statute and implementing rules set forth eligibility
requirements for prospective borrowers, projects, and project costs.
The requirements outlined below are described in greater detail in the
WIFIA program handbook.

A. Eligible Applicants

    Prospective borrowers must be one of the following in order to be
eligible for WIFIA credit assistance:
    (i) A corporation;
    (ii) A partnership;
    (iii) A joint venture;
    (iv) A trust;
    (v) A Federal, State, or local governmental entity, agency, or
instrumentality;
    (vi) A tribal government or a consortium of tribal governments; or
    (vii) A State infrastructure financing authority.

B. Eligible Projects

    The WIFIA statute authorizes EPA to provide credit assistance for a
wide

variety of projects. Projects must be one of the following in order to
be eligible for WIFIA credit assistance:
    (i) One or more activities that are eligible for assistance under
section 603(c) of the Federal Water Pollution Control Act (33 U.S.C.
1383(c)), notwithstanding the public ownership requirement under
paragraph (1) of that subsection;
    (ii) One or more activities described in section 1452(a)(2) of the
Safe Drinking Water Act (42 U.S.C. 300j-12(a)(2));
    (iii) A project for enhanced energy efficiency in the operation of
a public water system or a publicly owned treatment works;
    (iv) A project for repair, rehabilitation, or replacement of a
treatment works, community water system, or aging water distribution or
waste collection facility (including a facility that serves a
population or community of an Indian reservation);
    (v) A brackish or sea water desalination project, including
chloride control, a managed aquifer recharge project, a water recycling
project, or a project to provide alternative water supplies to reduce
aquifer depletion;
    (vi) A project to prevent, reduce, or mitigate the effects of
drought, including projects that enhance the resilience of drought-
stricken watersheds;
    (vii) Acquisition of real property or an interest in real
property--
    (a) If the acquisition is integral to a project described in
paragraphs (i) through (v); or
    (b) Pursuant to an existing plan that, in the judgment of the
Administrator, would mitigate the environmental impacts of water
resources infrastructure projects otherwise eligible for assistance
under this section;
    (viii) A combination of projects, each of which is eligible under
paragraph (i) or (ii), for which a State infrastructure financing
authority submits to the Administrator a single application; or
    (ix) A combination of projects secured by a common security pledge,
each of which is eligible under paragraph (i), (ii), (iii), (iv), (v),
(vi), or (vii), for which an eligible entity, or a combination of
eligible entities, submits a single application.

C. Eligible Costs

    As defined under 33 U.S.C. 3906 and described in the WIFIA program
handbook, eligible project costs are costs associated with the
following activities:
    (i) Development-phase activities, including planning, feasibility
analysis (including any related analysis necessary to carry out an
eligible project), revenue forecasting, environmental review,
permitting, preliminary engineering and design work, and other
preconstruction activities;
    (ii) Construction, reconstruction, rehabilitation, and replacement
activities;
    (iii) The acquisition of real property or an interest in real
property (including water rights, land relating to the project, and
improvements to land), environmental mitigation (including acquisitions
pursuant to 33 U.S.C. 3905(8)), construction contingencies, and
acquisition of equipment; and
    (iv) Capitalized interest necessary to meet market requirements,
reasonably required reserve funds, capital issuance expenses, and other
carrying costs during construction. Capitalized interest on WIFIA
credit assistance may not be included as an eligible project cost.

D. Threshold Requirements

    For a project to be considered for WIFIA credit assistance, a
project must meet the following five criteria:
    (i) The project and obligor shall be creditworthy;
    (ii) A project shall have eligible project costs that are
reasonably anticipated to equal or exceed $20 million, or for a project
eligible under paragraphs (2) or (3) of 33 U.S.C. 3905 serving a
community of not more than 25,000 individuals, project costs that are
reasonably anticipated to equal or exceed $5 million;
    (iii) Project financing shall be repayable, in whole or in part,
from State or local taxes, user fees, or other dedicated revenue
sources that also secure the senior project obligations of the project;
shall include a rate covenant, coverage requirement, or similar
security feature supporting the project obligations; and may have a
lien on revenues subject to any lien securing project obligations;
    (iv) In the case of a project that is undertaken by an entity that
is not a State or local government or an agency or instrumentality of a
State or local government, or a tribal government or consortium of
tribal governments, the project that the entity is undertaking shall be
publicly sponsored; and
    (v) The applicant shall have developed an operations and
maintenance plan that identifies adequate revenues to operate,
maintain, and repair the project during its useful life.

E. Federal Requirements

    All projects receiving WIFIA assistance must comply, if applicable,
with Federal requirements and regulations, including (but not limited
to):
    (i) American Iron and Steel Requirement, 33 U.S.C. 3914, https://www.epa.gov/cwsrf/state-revolving-fund-american-iron-and-steel-ais-requirement;
    (ii) Labor Standards, 33 U.S.C. 1372, https://www.dol.gov/whd/govcontracts/dbra.htm;
    (iii) National Environmental Policy Act of 1969, 42 U.S.C. 4321 et
seq., https://www.epa.gov/nepa;
    (iv) Floodplain Management, Executive Order 11988, 42 FR 26951, May
24, 1977, https://www.archives.gov/federal-register/codification/executive-order/11988.html;
    (v) Archeological and Historic Preservation Act, 16 U.S.C. 469-
469c, https://www.nps.gov/archeology/tools/laws/ahpa.htm;
    (vi) Clean Air Act, 42 U.S.C. 7401 et seq., https://www.epa.gov/clean-air-act-overview;
    (vii) Clean Water Act, 33 U.S.C. 1251 et seq., https://www.epa.gov/aboutepa/about-office-water;
    (viii) Coastal Barrier Resources Act, 16 U.S.C. 3501 et seq.,
https://www.fws.gov/ecological-services/habitat-conservation/cbra/Act/index.html;
    (ix) Coastal Zone Management Act, 16 U.S.C. 1451 et seq., https://coast.noaa.gov/czm/about/;
    (x) Endangered Species Act, 16 U.S.C. 1531 et seq., https://www.fws.gov/endangered/;
    (xi) Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, Executive Order 12898, 59 FR
7629, February 16, 1994, https://www.archives.gov/files/federal-register/executive-orders/pdf/12898.pdf;
    (xii) Protection of Wetlands, Executive Order 11990, 42 FR 26961,
May 25, 1977, as amended by Executive Order 12608, 52 FR 34617,
September 14, 1987, https://www.epa.gov/cwa-404;
    (xiii) Farmland Protection Policy Act, 7 U.S.C. 4201 et seq.,
https://www.nrcs.usda.gov/wps/portal/nrcs/detail/?cid=nrcs143_008275;
    (xiv) Fish and Wildlife Coordination Act, 16 U.S.C. 661-666c, as
amended, https://www.fws.gov/;
    (xv) Magnuson-Stevens Fishery Conservation and Management Act, 16
U.S.C. 1801 et seq., https://www.fisheries.noaa.gov/resource/document/magnuson-stevens-fishery-conservation-and-management-act;
    (xvi) National Historic Preservation Act, 16 U.S.C. 470 et seq.,
https://www.nps.gov/archeology/tools/laws/NHPA.htm;

    (xvii) Safe Drinking Water Act, 42 U.S.C. 300f et seq., https://www.epa.gov/ground-water-and-drinking-water;
    (xviii) Wild and Scenic Rivers Act, 16 U.S.C. 1271 et seq., https://rivers.gov/;
    (xix) Debarment and Suspension, Executive Order 12549, 51 FR 6370,
https://www.archives.gov/federal-register/codification/executive-order/12549.html;
    (xx) Demonstration Cities and Metropolitan Development Act, 42
U.S.C. 3301 et seq., as amended, and Executive Order 12372, 47 FR
30959, http://portal.hud.gov/hudportal/HUD?src=/program_offices/comm_planning;
    (xxi) Drug-Free Workplace Act, 41 U.S.C. 8101 et seq., https://webapps.dol.gov/elaws/asp/drugfree/screen4.htm;
    (xxii) New Restrictions on Lobbying, 31 U.S.C. 1352, https://www.epa.gov/grants/lobbying-and-litigation-information-federal-grants-cooperative-agreements-contracts-and-loans;
    (xxiii) Prohibitions relating to violations of the Clean Water Act
or Clean Air Act with respect to Federal contracts, grants, or loans
under 42 U.S.C. 7606 and 33 U.S.C. 1368, and Executive Order 11738, 38
FR 25161, September 12, 1973, https://www.archives.gov/federal-register/codification/executive-order/11738.html;
    (xxiv) The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, 42 U.S.C. 4601 et seq., https://www.gpo.gov/fdsys/pkg/FR-2005-01-04/pdf/05-6.pdf;
    (xxv) Age Discrimination Act, 42 U.S.C. 6101 et seq., https://www.eeoc.gov/laws/statutes/adea.cfm;
    (xxvi) Equal Employment Opportunity, Executive Order 11246, 30 FR
12319, September 28, 1965, https://www.dol.gov/ofccp/regs/compliance/ca_11246.htm;
    (xxvii) Section 13 of the Clean Water Act, Public Law 92-500,
codified in 42 U.S.C. 1251, https://www.epa.gov/ocr/external-civil-rights-compliance-office-title-vi;
    (xxviii) Section 504 of the Rehabilitation Act, 29 U.S.C. 794,
supplemented by Executive Orders 11914, 41 FR 17871, April 29, 1976 and
11250, 30 FR 13003, October 13, 1965, https://www.epa.gov/ocr/external-civil-rights-compliance-office-title-vi;
    (xxix) Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et
seq., https://www.epa.gov/environmentaljustice/title-vi-and-environmental-justice; and
    (xxx) Participation by Disadvantaged Business Enterprises in
Procurement under Environmental Protection Agency (EPA) Financial
Assistance Agreements, 73 FR 15904, https://www.epa.gov/resources-small-businesses.
    Detailed information about some of these requirements is outlined
in the WIFIA program handbook. Further information can be found at the
links above.

IV. Types of Credit Assistance

    Under WIFIA, EPA is permitted to provide credit assistance in the
form of secured (direct) loans or loan guarantees. The maximum amount
of WIFIA credit assistance to a project is 49 percent of eligible
project costs. Each prospective borrower should list the estimated
total capital costs of the project, broken down by activity type and
differentiating between eligible project costs and ineligible project
costs in the LOI and application.

V. Letters of Interest and Applications

    Each prospective borrower will be required to submit a LOI and, if
invited, an application to EPA in order to be considered for approval.
This section describes the LOI submission and application submission.

A. Letter of Interest

    Prospective borrowers seeking a WIFIA loan must submit a LOI
describing the project fundamentals and addressing the WIFIA selection
criteria.
    The primary purpose of the LOI is to provide adequate information
to EPA to: (i) Validate the eligibility of the prospective borrower and
the prospective project, (ii) perform a preliminary creditworthiness
assessment, (iii) perform a preliminary engineering feasibility
assessment, and (iv) evaluate the project against the selection
criteria. Based on its review of the information provided in the LOI,
EPA will invite prospective borrowers to submit applications for their
projects. Prospective borrowers are encouraged to review the WIFIA
program handbook to help create the best justification possible for the
project and a cohesive and comprehensive LOI submittal.
    Prospective borrowers should utilize the LOI form on the WIFIA
website and ensure that sufficient detail about the project is provided
for EPA's review. EPA will notify a prospective borrower if its project
is deemed ineligible as described in Section III of this NOFA.
    Below is guidance on what should be included in the LOI.
    A. Prospective Borrower Information. In this section, the
prospective borrower describes the entity seeking WIFIA assistance,
including its legal name, address, website, Dun and Bradstreet Data
Universal Number System (DUNS) number, and employer/taxpayer
identification number numbers. In addition, the prospective borrower
provides information on the project's organizational structure,
experience, and readiness to proceed.
    In the case of a project that is undertaken by an entity that is
not a State or local government or an agency or instrumentality of a
State or local government, or a tribal government or consortium of
tribal governments, the project that the entity is undertaking must be
publicly sponsored. Public sponsorship means that the recipient can
demonstrate, to the satisfaction of the EPA, that the prospective
borrower has consulted with the affected State, local, or tribal
government in which the project is located, or is otherwise affected by
the project and that such government supports the proposed project. A
prospective borrower can show support by including a certified letter
signed by the approving State, tribal, or municipal department or
similar agency; governor, mayor or other similar designated authority;
statute or local ordinance, or any other means by which government
approval can be evidenced.
    B. Project Plan. In this section, the prospective borrower provides
a general description of the project, including its location,
population served, permit number(s), purpose, design features, and
development schedule. The prospective borrower describes how the
project can be categorized as one of the project types eligible for
WIFIA assistance as described in the program handbook. The prospective
borrower includes other relevant information that could affect the
development of the project, such as community support, pending
legislation, or litigation. In this section, the prospective borrower
summarizes the status of the project's environmental review,
engineering report, and other approvals or analyses that are integral
to the project's development.
    C. Project Operations and Maintenance Plan. In this section, the
prospective borrower describes its plan for operating, maintaining, and
repairing the project post-completion, discusses the sources of revenue
used to finance these activities, and provides an estimate of the
useful life of the project.
    D. Financing Plan. In this section, the prospective borrower
indicates the requested type and amount WIFIA credit assistance. In
addition, it details the proposed sources and uses of funds for the
project. The discussion of proposed financing should identify the
source(s) of revenue or other security that would be pledged to the
WIFIA

assistance. As part of the description of its financial condition, the
prospective borrower should include the year-end audited financial
statements for the past three years, as available. Additionally, the
prospective borrower describes the credit characteristics of the
project and how the senior obligations of the project will achieve an
investment-grade rating as well as the anticipated rating on the WIFIA
instrument. It also includes a summary financial pro forma, presented
in a formula-based Microsoft Excel document, as well as revenue and
expense projections for the life of the WIFIA debt.
    E. Selection Criteria. In this section, the prospective borrower
describes the potential policy benefits achieved using WIFIA assistance
with respect to each of the WIFIA program selection criteria. These
criteria and their weights are enumerated in Section VII of this NOFA
and further explained in the WIFIA program handbook.
    F. Contact Information. In this section, the prospective borrower
identifies the point of contact with whom the WIFIA program should
communicate regarding the LOI. To complete its evaluation, WIFIA
program staff may contact a prospective borrower regarding specific
information in the LOI.
    G. Certifications. In this section, the prospective borrower
certifies that it will abide by all applicable laws and regulations,
including NEPA, the Federal Water Pollution Control Act, the American
Iron and Steel requirements, and Federal labor standards, among others
if selected to receive funding.
    H. SRF Notification. In this section, the prospective borrower
acknowledges that EPA will notify the State infrastructure financing
authority in the State in which the project is located that it
submitted a LOI and provide the submitted LOI and source documents to
that authority. The prospective borrower may opt out of having its LOI
and source documents shared.

B. Application

    After EPA concludes its evaluation of the LOIs, a selection
committee will invite prospective borrowers to apply based on the
scoring of the selection criteria, while taking into consideration
geographic and project diversity. The selection committee may choose to
combine multiple Letters of Interests or separate projects from a
prospective borrower based on the creditworthiness review and may offer
less WIFIA assistance than requested in the LOI.
    An invitation to apply for WIFIA credit assistance does not
guarantee EPA's approval, which remains subject to a project's
continued eligibility, including creditworthiness, the successful
negotiation of terms acceptable to EPA, and the availability of funds
at the time at which all necessary recommendations and evaluations have
been completed. However, the purpose of EPA's LOI review is to pre-
screen prospective borrowers to the extent practicable. In doing this,
it is expected that EPA will only invite projects to apply if it
anticipates that those projects are able to obtain WIFIA credit
assistance.
    Applications should be submitted using the form provided on the
WIFIA website: https://www.epa.gov/wifia/wifia-application-materials-and-resources. The purpose of the application is to provide the WIFIA
program with the materials necessary to underwrite the loan.
Underwriting performed by the WIFIA team will include a thorough
evaluation of the project's plan of finance and underlying economics,
including a detailed assessment of the project's cash flow and proposed
credit terms. The WIFIA team will review the inputs and assumptions in
the financing plan, the revenue and expenditures in the financing plan,
the project's ability to meet WIFIA loan repayment obligations, and
project risks and mitigants, among other things.
    Detailed information needs for the application are listed in the
application form and described in the WIFIA program handbook.

VI. Fees

    There is no fee to submit a LOI. The final fee rule, Fees for Water
Infrastructure Project Applications under WIFIA, 40 CFR 35.10080, was
signed by EPA on June 19, 2017, and establishes the fees related to the
provision of federal credit assistance under WIFIA. Each invited
applicant must submit, concurrent with its application, a non-
refundable Application Fee of $25,000 for projects serving communities
of not more than 25,000 individuals or $100,000 for all other projects.
Applications will not be evaluated until the Application Fee is paid.
For successful applicants, this fee will be credited toward final
payment of a Credit Processing Fee, assessed following financial close,
to reimburse the EPA for actual engineering, financial, and legal
costs. In the event a final credit agreement is not executed, the
borrower is still required to reimburse EPA for the costs incurred.
Borrowers may finance these fees with WIFIA credit assistance.

VII. Selection Criteria

    This section specifies the criteria and process that EPA will use
to evaluate and award applications for WIFIA assistance.
    The selection criteria described below incorporate statutory
eligibility requirements, supplemented by WIFIA regulations at 40 CFR
35.10055. EPA has also identified the following strategic objectives as
priorities for this LOI submittal period:
    (i) Provide for clean and safe drinking water: EPA is working to
strengthen its implementation of the Safe Drinking Water Act to ensure
we protect and build upon the enormous public health benefits achieved
through the provision of safe drinking water throughout the country.
The Agency's highest priorities include reducing exposure to lead in
the nation's drinking water systems, ensuring continuous compliance
with contaminant limits, responding quickly to emerging concerns, and
improving the nation's aging and insufficient drinking water
infrastructure.
    (ii) Repair, rehabilitate, and replace aging infrastructure and
conveyance systems: Many communities face formidable challenges in
providing adequate and reliable water and wastewater infrastructure
services. Existing water and wastewater infrastructure in some of these
communities is aging, and investment is not always keeping up with the
needs. EPA estimates the national funding need for capital improvements
for such facilities totals approximately $740 billion over the next 20
years. In many cases, meeting these needs will require significant
increases in capital investment.
    EPA's priorities reflect water sector challenges that require
innovative tools to assist municipalities in managing and adapting to
our most pressing public health and environmental challenges. These
priorities are reflected in the scoring methodology of the selection
criteria below, described in greater detail in the WIFIA program
handbook.
    The WIFIA selection criteria are divided into three categories that
represent critical considerations for selecting projects: Project
Impact, Project Readiness, and Borrower Creditworthiness. Each
criterion within a category can provide a range of points with the
maximum number of points indicated. Each category can provide up to 100
points out of a total of 300 available points, and the category-
specific and overall scores will help inform the selection committee's
deliberations within the overall WIFIA framework. For the Project
Readiness

and Borrower Creditworthiness categories, criteria scores are
supplemented by points awarded from the preliminary engineering
feasibility analysis and preliminary creditworthiness assessment,
described in the WIFIA program handbook. In order to reflect priorities
and give greater consideration to a class of projects to reduce
exposure to lead in the nation's drinking water systems or ensure
continuous compliance with contaminant limits, EPA has added a
criterion (ix) to the Project Impact category of criteria in accordance
with 40 CFR 35.10055(b). The criteria are as follows:

Project Impact

    (i) 15 points: The extent to which the project is nationally or
regionally significant, with respect to the generation of economic and
public benefits, such as (1) the reduction of flood risk; (2) the
improvement of water quality and quantity, including aquifer recharge;
(3) the protection of drinking water, including source water
protection; and (4) the support of international commerce. 33 U.S.C.
3907(b)(2)(A); 40 CFR 35.10055(a)(1).
    (ii) 5 points: The extent to which the project uses new or
innovative approaches. 33 U.S.C. 3907(b)(2)(D); 40 CFR 35.10055(a)(3).
    (iii) 5 points: The extent to which the project (1) protects
against extreme weather events, such as floods or hurricanes; or (2)
helps maintain or protect the environment: 33 U.S.C. 3907(b)(2)(F); 40
CFR 35.10055(a)(4) and (5).
    (iv) 5 points: The extent to which the project serves regions with
significant energy exploration, development, or production areas: 33
U.S.C. 3907(b)(2)(G); 40 CFR 35.10055(a)(6).
    (v) 10 points: The extent to which a project serves regions with
significant water resource challenges, including the need to address
(1) water quality concerns in areas of regional, national, or
international significance; (2) water quantity concerns related to
groundwater, surface water, or other water sources; (3) significant
flood risk; (4) water resource challenges identified in existing
regional, State, or multistate agreements; and (5) water resources with
exceptional recreational value or ecological importance. 33 U.S.C.
3907(b)(2)(H); 40 CFR 35.10055(a)(7).
    (vi) 10 points: The extent to which the project addresses
identified municipal, State, or regional priorities. 33 U.S.C.
3907(b)(2)(I); 40 CFR 35.10055(a)(8).
    (vii) 20 points: The extent to which the project addresses needs
for repair, rehabilitation or replacement of a treatment works,
community water system, or aging water distribution or wastewater
collection system. 40 CFR 35.10055(a)(12).
    (viii) 10 points: The extent to which the project serves
economically stressed communities, or pockets of economically stressed
rate payers within otherwise non-economically stressed communities. 40
CFR 35.10055(a)(13).
    (ix) 20 points: The extent to which the project reduces exposure to
lead in the nation's drinking water systems or ensures continuous
compliance with contaminant limits. 40 CFR 35.10055(b).

Project Readiness

    (i) 50 points: The readiness of the project to proceed toward
development, including a demonstration by the obligor that there is a
reasonable expectation that the contracting process for construction of
the project can commence by not later than 90 days after the date on
which a Federal credit instrument is obligated for the project under
[WIFIA]. 33 U.S.C. 3907(b)(2)(J); 40 CFR 35.10055(a)(9).
    (ii) 50 points: Preliminary engineering feasibility analysis score.
33 U.S.C. 3907(a)(2); 33 U.S.C. 3907(a)(6); 40 CFR 35.10015(c); 40 CFR
35.10045(a).

Borrower Creditworthiness

    (i) 10 points: The likelihood that assistance under [WIFIA] would
enable the project to proceed at an earlier date than the project would
otherwise be able to proceed. 33 U.S.C. 3907(b)(2)(C); 40 CFR
35.10055(a)(2).
    (ii) 10 points: The extent to which the project financing plan
includes public or private financing in addition to assistance under
[WIFIA]. 33 U.S.C. 3907(b)(2)(B); 40 CFR 35.10055(a)(10).
    (iii) 10 points: The extent to which assistance under [WIFIA]
reduces the contribution of Federal assistance to the project. 33
U.S.C. 3907(b)(2)(K); 40 CFR 35.10055(a)(11).
    (iv) 10 points: The amount of budget authority required to fund the
Federal credit instrument made available under [WIFIA]. 33 U.S.C.
3907(b)(2)(E).
    (v) 60 points: Preliminary creditworthiness assessment score. 33
U.S.C. 3907(a)(1); 40 CFR 35.10015(c); 40 CFR 35.10045(a)(1) and (4)
and (b).
    In addition to the selection criteria score, EPA is required by 33
U.S.C. 3902(a) to ``ensure a diversity of project types and
geographical locations.''
    Following analysis by WIFIA program staff, a final score is
calculated for each project. Projects will be selected in order of
score, subject, however, to the requirement to ensure a diversity of
project types and geographical locations.
    The scoring scales and guidance used to evaluate each project
against the selection criteria are available in the WIFIA program
handbook. Prospective borrowers considering WIFIA should review the
WIFIA program handbook and discuss how the project addresses each of
the selection criteria in the LOI submission.

    Authority: 33 U.S.C. 3901-3914; 40 CFR part 35.

    Dated: April 4, 2018.
E. Scott Pruitt,
Administrator.
[FR Doc. 2018-07513 Filed 4-11-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 75, Number 220 (Tuesday, November 16, 2010)]
[Notices]
[Pages 69991-69992]
[FR Doc No: 2010-29049]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Sunshine Act Meeting

November 10, 2010.
    The following notice of meeting is published pursuant to section
3(a) of the Government in the Sunshine Act (Pub. L. 94-409), 5 U.S.C.
552b:

AGENCY HOLDING MEETING: Federal Energy Regulatory Commission.

DATE AND TIME: November 18, 2010, 10 a.m.

PLACE: Room 2C, 888 First Street, NE., Washington, DC 20426.

STATUS: Open.

MATTERS TO BE CONSIDERED: Agenda.
    * Note--Items listed on the agenda may be deleted without further
notice.

CONTACT PERSON FOR MORE INFORMATION: Kimberly D. Bose, Secretary,
Telephone<PHONE_NUMBER>.
    For a recorded message listing items struck from or added to the
meeting, call<PHONE_NUMBER>.
    This is a list of matters to be considered by the Commission. It
does not include a listing of all documents relevant to the items on
the agenda. All public documents, however, may be viewed on line at the
Commission's Web site at http://www.ferc.gov using the eLibrary link,
or may be examined in the Commission's Public Reference Room.

                     964th--Meeting; Regular Meeting
                      [November 18, 2010, 10 a.m.]
------------------------------------------------------------------------
      Item No.           Docket No.                  Company
------------------------------------------------------------------------
                             ADMINISTRATIVE
------------------------------------------------------------------------
A-1................  AD02-1-000.......  Agency Administrative Matters.
A-2................  AD02-7-000.......  Customer Matters, Reliability,
                                         Security and Market Operations.
A-3................  AD07-13-003......  2010 Report on Enforcement.
------------------------------------------------------------------------
                                ELECTRIC
------------------------------------------------------------------------
E-1................  RM10-11-000......  Integration of Variable Energy
                                         Resources.
E-2................  RM09-18-000......  Revision to Electric Reliability
                                         Organization Definition of Bulk
                                         Electric System.
E-3................  RM10-15-000......  Mandatory Reliability Standards
                                         for Interconnection Reliability
                                         Operating Limits.
E-4................  ER08-386-000.....  Potomac-Appalachian
                     ER08-386-001.....   Transmission.
                                        Highline, L.L.C.
E-5................  ER08-374-001,      Atlantic Path 15, LLC.
                      EL08-38-001.
E-6................  ER08-413-002.....  Startrans IO, L.L.C.
E-7................  ER06-278-007.....  The Nevada Hydro Company, Inc.
E-8................  RM09-25-000......  System Personnel Training
                                         Reliability Standards.
E-9................  RM10-16-000......  System Restoration Reliability
                                         Standards.
E-10...............  EL10-87-000......  Great River Energy.
E-11...............  ER09-1254-002....  Southwest Power Pool, Inc.
E-12...............  EL10-82-000......  Southern Montana Electric
                                         Generation & Transmission
                                         Cooperative, Inc. v.
                                         NorthWestern Corporation.
E-13...............  OMITTED..........  ................................
E-14...............  EL10-72-000......  Puget Sound Energy, Inc.
------------------------------------------------------------------------
                                   GAS
------------------------------------------------------------------------
G-1................  RP04-274-020,      Kern River Gas Transmission
                      RP04-274-017,      Company.
                      RP04-274-018,
                      RP04-274-019,
                      RP04-274-016,
                      RP04-274-009,
                      RP04-274-021.
G-2................  RP10-1045-000....  Arena Energy, LP, Complainant v.
                                         Sea Robin Pipeline Company,
                                         LLC, Respondent.
G-3................  RP11-1494-000....  Kinder Morgan Interstate Gas
                                         Transmission LLC.
G-4................  RP11-1495-000....  Ozark Gas Transmission, L.L.C.
------------------------------------------------------------------------
                                  HYDRO
------------------------------------------------------------------------
H-1................  P-13323-001......  Bishop Tungsten Development LLC.
H-2................  P-13452-000......  McGinnis, Inc.
H-3................  P-13445-000......  McGinnis, Inc.
H-4................  P-13450-000......  McGinnis, Inc.
H-5................  P-10482-104......  AER NY-Gen, LLC.
                                        Eagle Creek Hydro Power, LLC.
                                        Eagle Creek Water Resources,
                                         LLC.
                                        Eagle Creek Land Resources, LLC.
------------------------------------------------------------------------
                              CERTIFICATES
------------------------------------------------------------------------
C-1................  CP10-509-000.....  Sawgrass Storage LLC.

C-2................  CP10-78-000......  CenterPoint Energy Gas
                                         Transmission Company.
C-3................  CP09-455-001.....  Florida Gas Transmission
                     CP09-456-001.....   Company, LLC.
                                        Transcontinental Gas Pipe Line
                                         Company, LLC.
                                        Florida Gas Transmission
                                         Company, LLC.
C-4................  CP10-50-001......  Petal Gas Storage, L.L.C.
------------------------------------------------------------------------

Kimberly D. Bose,
Secretary.
    A free webcast of this event is available through http://www.ferc.gov. Anyone with Internet access who desires to view this
event can do so by navigating to http://www.ferc.gov's Calendar of
Events and locating this event in the Calendar. The event will contain
a link to its webcast. The Capitol Connection provides technical
support for the free webcasts. It also offers access to this event via
television in the DC area and via phone bridge for a fee. If you have
any questions, visit http://www.CapitolConnection.org or contact
Danelle Springer or David Reininger at<PHONE_NUMBER>.
    Immediately following the conclusion of the Commission Meeting, a
press briefing will be held in the Commission Meeting Room. Members of
the public may view this briefing in the designated overflow room. This
statement is intended to notify the public that the press briefings
that follow Commission meetings may now be viewed remotely at
Commission headquarters, but will not be telecast through the Capitol
Connection service.
[FR Doc. 2010-29049 Filed 11-12-10; 4:15 pm]
BILLING CODE 6717-01-P


              OFFICE OF CHEMICAL SAFETY
AND POLLUTION PREVENTION
                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            WASHINGTON, D.C.  20460
              OFFICE OF CHEMICAL SAFETY
AND POLLUTION PREVENTION
                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            WASHINGTON, D.C.  20460

MEMORANDUM

DATE:	October 6, 2015

SUBJECT:	Estimated Drinking Water Concentrations of Cyazofamid and its Degradates of Concern CCIM, CCIM-AM and CTCA, for Use in Human Health Risk Assessment: Petitions for the Use on Herb (Subgroup 19A), Greenhouse Tomato, Greenhouse Pepper, and Bulb Vegetables (Group 03-07)
		(PC Code 085651; DP Barcode D426776)

TO:		Laura Nollen, Chemical Review Manager
		Barbara Madden, Minor Use Team Leader
		Marion Johnson, Branch Chief
		Risk Integration, Minor Use and Emergency Response Branch

		Lindsay Roe, Chemical Review Manager
		Tony Kish, Product Manager #22
		Cynthia Giles-Parker, Branch Chief
		Fungicide Branch
		Registration Division (7505P)

AND:		Cassi Walls, Risk Assessor
		Charles Smith, Branch Chief
		Registration Action Branch 1
		Health Effects Division (7509P)

FROM:	José Meléndez, Chemist
		Environmental Risk Branch 5
		Environmental Fate and Effects Division (7507P)

THROUGH:	Mah T. Shamim, Ph.D., Branch Chief
		Environmental Risk Branch 5
		Environmental Fate and Effects Division (7507P)

   This memorandum presents the Estimated Drinking Water Concentrations (EDWCs) for the fungicide cyazofamid, and for its major transformation products CCIM, CCIM-AM and CTCA, for use in the human health risk assessment.  Requests for registration of several new crops were submitted to the Agency, including Herb (Subgroup 19A), greenhouse tomato, greenhouse pepper, and use on Bulb Vegetables (Group 03-07).  Based on a review of the use information, it was found that the proposed new crops have much lower seasonal application rates than previously assessed turf and ornamentals.  The highest seasonal rates among the newly proposed crops belong to the Herb Subgroup 19A (which includes the previously evaluated specific crop basil) at ~0.7 lb a.i./A/ season, compared to 3.0  -  3.12 lb a.i./A/season for turf and ornamentals (Table 2).  Surface water EDWCs for the new uses should be smaller than those already calculated for turf and ornamentals; the surface water values reported in the previous assessment can be used to cover the new crops.  However, for groundwater, new EDWCs using the new model PRZM-GW were calculated in the current Drinking Water Assessment (DWA) (Appendix A).

   The Health Effects Division (HED) Metabolism Assessment Review Committee (MARC) concluded that cyazofamid and the metabolites designated as CCIM, CCIM-AM and CTCA should be considered to be the major residues of concern in water and should be included in the drinking waters assessment (Acierto et al. 2004, DP Barcode D298915).

   As summarized in Table 1, the surface water acute EDWC is 38.2 ppb of cyazofamid plus the degradates CCIM and CCIM-AM (for further details, refer to the previous DWA).  The surface water non-cancer chronic value is 133.5 ppb of CTCA and the cancer/chronic EDWC is 77.3 ppb of CTCA.  The above stated values represent upper-bound estimates of the parent and degradates' concentrations that might be found in surface water due to the use of cyazofamid on turf and ornamentals, as reported previously in DP Barcodes D319466 and D356839.  The maximum value for ground water is 224 ppb of CTCA for acute exposure and 211 ppb of CTCA for chronic exposure, resulting from the WI sand scenario (for further details, refer to the Appendix A).   It should be noted that these are still screening-level values and further refinements may be conducted.  Should any questions arise, please, contact EFED.

Table 1.  Maximum Estimated Drinking Water Concentrations for Cyazofamid, CCIM, CCIM-AM and CTCA.  Maximum EDWCs Are Based on the Use on Turf and Ornamentals
Drinking Water Source (Model Used)
Use (rate modeled per year)
Estimated Drinking Water Concentration  (EDWC)  (ppb) (Species)
Groundwater
(PRZM-GW)
Ornamentals (3.12 lb a.i./A/yr)
Acute (CTCA)
                                    224[1]

Chronic (CTCA)
                                    211[1]
Surface water
(PRZM/EXAMS)
Turf & Ornamentals
(3.0 & 3.12 lb a.i./A/yr, respectively)
Acute (cyazofamid, CCIM, CCIM-AM)
                                    38.2[2]

Chronic (CTCA)
                                   133.5[2]

Cancer/Chronic (CTCA)
                                    77.3[2]
 For groundwater, acute and chronic exposure is based on modeling the degradate CTCA.
 For surface water, acute exposure is based on modeling of the parent cyazofamid plus the degradates CCIM and CCIM-AM.  Chronic exposure is based on modeling of the degradate CTCA.

   For surface water, a previous DWA, dated March 24, 2009 (DP Barcode D356836), provides structures and nomenclature of cyazofamid and its transformation products.  Moreover, a DWA dated September 6, 2006 (DP Barcode D319466), provides maximum surface waters (PRZM/EXAMS) EDWCs; in the 2006 assessment, turf and ornamentals were modeled.  These previous DWAs provide specific information about the chemicals modeled (cyazofamid, CCIM, CCIM-AM, and CTCA), structures, problem formulation and approach taken in modeling the crops, a summary of physicochemical and environmental fate properties of the chemicals, etc.  Additional details about the environmental fate database for cyazofamid can be found in the Problem Formulation for Registration Review of Cyazofamid (DP Barcode: D422930; March 16, 2015).  EFED calculated new groundwater EDWCs in the current DWA, which are provided in the Appendix A.  At the present time, EFED did not evaluate the greenhouse uses of cyazofamid, since it is believed usage will be low; however, should additional greenhouse uses, besides tomatoes and peppers be added to the label, the Division may need to revisit the issue.

Use information:

   There are two products that contain cyazofamid, both of which are flowable suspension concentrates (SC): Ranman[(R)] 400SC Fungicide label (EPA Reg. No. 71512-3) and Cyazofamid 400SC Turf and Ornamentals (EPA Reg. No. 71512-13).  The chemical is currently used on crops like potatoes, cucurbit vegetables, turf, ornamentals, carrots, fruiting vegetables & okra, and grapes (East of the Rocky Mountains) (Table 2).  Requests for registration of new crops were submitted to the Agency, including Herb Subgroup 19A, greenhouse tomato, greenhouse pepper, and use on Bulb Vegetables Group 03-07.  Based on a review of the use information, it was found that the proposed new crops have much lower seasonal application rates than turf and ornamentals.  The maximum seasonal rates for the new crops range from 0.43 lb a.i./A/season for Bulb Vegetables Group 03-07, to ~0.7 lb a.i./A/season for Herb Subgroup 19A.  In contrast, for turf and ornamentals, the seasonal application rates are much higher at 3.0 and 3.12 lb a.i./A, divided in 3 and 2 applications, respectively (Table 2).

Table 2. Summary of use information for cyazofamid, based on the current and proposed labels for RANMAN[(R)] 400SC Fungicide label (EPA Reg. No. 71512-3), and label for Cyazofamid 400SC Turf and Ornamentals (EPA Reg. No. 71512-13).  The new crops are shaded BLUE.
                                      USE
                               SINGLE  APP. RATE
                                 (lb. a.i./A)
                              NUMBER OF APPLICS.
                      SEASONAL APP. RATE     (lb. a.i./A)
                         INTERVAL BETWEEN APPS. (days)
                              APPLICATION METHOD
                                      PHI
                                    (days)
Bulb Vegetables, Crop Group 3-07 (daylily, bulb; elegans hosta; fritillaria, bulb and leaves; garlic, bulb; garlic, great-headed, bulb; garlic, serpent, bulb; kurrat; lady's leek; leek; leek, wild; lily, bulb; onion, Beltsville bunching; onion, bulb; onion, Chinese, bulb; onion, fresh; onion, green; onion, macrostem; onion, pearl; onion, potato, bulb; onion, tree, tops; onion, Welsh, tops; shallot, bulb; shallot, fresh leaves; cultivars, varieties, and/or hybrids of these)
                                  0.071-0.078
                                       6
                                     0.43
                                       7
                         Foliar, sprinkler irrigation
                                       0
Herb Group, Crop Subgroup 19A
(Basil[1], angelica, balm, borage, burnet, chamomile, catnip, chervil (dried), chive, Chinese chive, clary, coriander leaf (Chinese parsley), costmary, cilantro (leaf), curry (leaf), dillweed, horehound, hyssop, lavender, lemongrass, lovage (leaf), marigold, marjoram (includes sweet and annual marjoram, wild marjoram or oregano, and pot marjoram), nasturtium, parsley (dried), pennyroyal, rosemary, rue, sage, summer and winter savory, sweet bay, tansy, tarragon, thyme, wintergreen, woodruff, and wormwood)
                                  0.071-0.078
                                       9
                                      0.7
                                       7
  Foliar, sprinkler irrigation, can be applied on herbs grown in greenhouses
                                       0
Greenhouse Grown Bell Peppers
                         0.083 lb a.i./ 100 gal water;
                                    ------
     1[st] app 5 fl oz solution/plant; 2[nd] app 8.5 fl oz solution/ plant
                                       2
                     13.5 fl oz solution/ plant/crop cycle
                                      42
                                  Soil drench
                                       0
Tomato Greenhouse Transplants
                         0.078 lb a.i./ 100 gal water;
                                    ------
                            ~1 pint solution/ft[2]
                                      NS
                                      NS
    As needed, starting from planting up until 1 week before transplanting
                                  Soil drench
                                       0
Fruiting Vegetables, Crop Group 8-10 [tomato (field grown and greenhouse grown), ground cherry, tomatillo, bell pepper, cooking pepper, pimento, sweet pepper, eggplant, pepino, okra, African eggplant, bush tomato, cocona, currant tomato, garden huckleberry, goji berry, groundberry, martynia, naranjilla, pea eggplant, non-bell pepper, roselle, scarlet eggplant, sunberry, tree tomato, cultivars, varieties and/or hybrids of these]
                                  0.054-0.071
                                       6
                                     0.43
                                       7
Foliar, to base of plant at transplanting or in transplant water, sprinkler irrigation; for tomatoes grown in greenhouses as drench application
                                       0
Tuberous and Corm Vegetables, Crop Subgroup 1C (arracacha, arrowhoot, Chinese artichoke, Jerusalem artichoke, edible canna, bitter cassava, sweet cassava, chayote (root), chufa, casheen taro, ginger, leren, potato, tanier, turmeric, yam bean, true yam)
            0.036-0.071 (0.158 at planting; 0.071 lay-by/ hilling)
                                      10
                                     0.71
                                       7
           Foliar, at planting-over the seed pieces, lay-by/ hilling
                                       7
Leafy Greens, Crop Subgroup 4A [amaranth (leafy amaranth, Chinese spinach, tampala), arugula (Roquette), chervil, edible leaved chrysanthemum, corn salad, garden cress, upland cress (yellow rocket, winter cress), dandelion, dock (sorrel), endive (escarole), lettuce (head & leaf), orach, parsley, garden purslane, winter purslane, radicchio (red chicory), spinach, New Zealand spinach, vine spinach (Malabar spinach, Indian spinach)]
                                     0.071
                                       6
                                     0.43
                                       7
Foliar, to the soil (post-plant application) as a band over the seed band or transplant, in transplant water, sprinkler irrigation
                                       0
Succulent-Podded & Succulent-Shelled Beans [Cicer arietinum (chickpea, garbanzo bean), Lupinus spp. (including sweet lupine, white sweet lupine, white lupine and grain lupine), Phaseolus spp. (including kidney bean, lima bean, mung bean, navy bean, pinto bean, snap bean, waxbean), Vacia fava (broad bean, fava bean), Vigna spp. (including asparagus bean, blackeyed bean, cowpea)]
                                     0.071
                                       6
                                     0.43
                                       7
                         Foliar, sprinkler irrigation
                                       0
Grapes (East of the Rocky Mountains)
                                  0.054-0.071
                                       6
                                     0.43
                                      10
                                    G or A
                                      30
Carrot
                                     0.156
                                       5
                                     0.78
                                      14
Pre-plant incorporated or surface application (broadcast or band) or overhead irrigation system
                                      14
Cucurbit Vegetables (Crop Group 9) [includes cantaloupe, chayote, Chinese waxgourd, citron melon, cucumbers, gherkin, gourds, honeydew melon, Momordica spp., muskmelon, watermelon, pumpkin, squash, zucchini]
                                  0.054-0.071
                                       6
                                     0.43
                                       7
                G, A, in transplant water, sprinkler irrigation
                                       0
Turf [such as golf courses (including greens, tees and fairways), sod farms, seed farms, college and professional sports fields, and commercial lawns]
                                    0.5-1.0
                                       3
                                      3.0
                                      14
                                       G
                                      N/A
Ornamentals [including conifers, grown in containers in greenhouses, outdoor nurseries and landscapes]
                                     1.56
                                       2
                                     3.12
                                      14
            G, soil drench, soil surface spray, irrigation systems
                                      N/A
Hops
                                  0.054-0.071
                                       6
                                     0.43
                                       7
                                     G, A
                                       3
Brassica (Cole) Leafy Vegetables & Turnip Greens (Crop Group 5) [includes broccoli, Chinese broccoli (gai lon), broccoli raab (rapini), Brussels sprouts, cabbage, Chinese cabbage (bok choy), Chinese cabbage (napa), Chinese mustard (gai choy), cauliflower, cavalo broccolo, collards, kale, kohlrabi, mizuna, mustard greens, mustard spinach, rape greens, turnip greens]
                         Transplant soil drench 0.66;
                           soil incorporation 0.52;
                                 foliar 0.072
                               1 soil + 5 foliar
                                     1.02
                                       7
G, A, transplant soil drench, soil incorporation, foliar, sprinkler irrigation
                                       0
G=ground; A=aerial
[1] Basil is a crop that was previously registered, but it belongs to the Crop Subgroup 19A.

Identification of specific data gaps:

After the submission of several new studies, it was found that the environmental fate database for cyazofamid is nearly complete.  Additional details about the environmental fate database for cyazofamid can be found in the Problem Formulation for Registration Review of Cyazofamid (DP Barcode: D422930; March 16, 2015, and available at: http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPP-2015-0128-0005).  Environmental Chemistry Methods/Independent Laboratory Validations (OCSPP 850.6100), in soil, water and sediment, should be made available.  It should be noted that the ECMs/ILVs' results are not used to derive any of the input parameters for surface or ground water EDWCs.
Appendix A. Tier 1 EDWCs for Groundwater Using PRZM-GW

PRZM-GW v.1.07

Summary

   The maximum value for ground water is 224 ppb of CTCA for acute exposure and 211 ppb of CTCA for chronic exposure, associated with the Wisconsin sand scenario.  There is a potential for these EDWCs to be higher, if the degradation of CTCA in the sandy soil is considered to be persistent in lieu of 365 days.

Conceptual Model

   Figure A-1 depicts the general groundwater scenario concept for estimating pesticide concentrations in drinking water as implemented in PRZM-GW. This conceptual model is based on a rural drinking water well beneath an agricultural field (a high pesticide use area) drawing from an unconfined, high water-table aquifer.

Figure A-1. General Groundwater Scenario Concept for Estimating Pesticide Concentrations in Drinking Water as Implemented in PRZM-GW; The black line through the soil profile represents the decline in degradation with respect to the depth.

   The depth of the well is site specific (i.e., scenario specific). The well extends into a shallow unconfined aquifer and has a well-screen that starts at the top and extends down into the aquifer. The length of the well-screen represents the region of the aquifer where drinking water is collected. The well-screen length is well-specific and can be adjusted. Processes included in the conceptual model that influence pesticide transport through the soil profile include water flow, chemical specific dissipation and transportation parameters (i.e., degradation and sorption), and crop specific factors, including transpiration, pesticide interception and management practices.

   The following is a brief description of the PRZM-GW model.  More information is available at http://www.epa.gov/oppefed1/models/water/ (accessed 06/25/2015).

  Tier 1 groundwater estimated drinking water concentrations (EDWCs) for a chemical, resulting from its use on a crop are derived with PRZM-GW (Pesticide Root Zone Model for Groundwater, version 1.07, March 6, 2014), using the GW-GUI (Graphical User Interface, version 1.07, March 6, 2014).  PRZM-GW is a one-dimensional, finite-difference model that estimates the concentrations of pesticides in groundwater.  It accounts for pesticide fate in the crop root zone by simulating pesticide transport and degradation through the soil profile after a pesticide is applied to an agricultural field. PRZM-GW permits the assessment of multiple years of pesticide application (up to 100 years) on a single site.  Six standard scenarios, each representing a different region known to be vulnerable to groundwater contaminations, are available for use with PRZM-GW for risk assessment purposes.  In PRZM-GW simulations, each of these standard scenarios is used.  PRZM-GW output values represent pesticide concentrations in a vulnerable groundwater supply that is located directly beneath a rural agricultural field.

Input Parameters for PRZM-GW and Results

   Given that groundwater exposure occurs usually after a long period of time, the terminal degradate of cyazofamid was modeled in lieu of the parent cyazofamid.  It was assumed 100% CTCA formation from the parent compound.  The crop leading to maximum exposure is ornamentals, with an application rate of 1.56 lb a.i./A (2 applications allowed at 14-day intervals).  This corresponds to an application rate of 1.137 lb CTCA/acre.  For input parameters used in this groundwater model, refer to Table A-1.

Table A-1. PRZM-GW Input Parameters for modeling ground applications of CTCA, a degradate of cyazofamid, on ornamentals
                               PARAMETER (units)
                                   VALUE[1]
                                    SOURCE
                                    COMMENT
Application date (day/month)
                                     01-05
Label does not specify timing of applications.  Applications are set to occur between crop emergence and harvest.
Delmarva emergence 10-04, crop maturation 30-05, harvest 15-06

                                     01-04

FL citrus crop emergence 01-01, crop maturation 01-02, harvest 31-12

                                     01-04

FL potatoes emergence 15-02, crop maturation 01-05, harvest 01-06

                                     01-06

GA coast emergence 01-05, crop maturation 01-08, harvest 01-10

                                     01-06

NC coast emergence 15-05, crop maturation 01-08, harvest 01-11

                                     01-06

WI sand emergence 01-05, crop maturation 21-07, harvest 20-10
Maximum Application Rate (kg a.i./ha)
                                     1.274
                                     Label
Maximum rate allowed is 1.56 lb a.i./A x 2 applications at 14 day interval.  100% conversion of parent to CTCA is assumed.  The molar conversion factor is 236.66/324.79 = 0.7287.  Applying the conversion factor the maximum rate is 1.137 lb CTCA/A, or 1.274 kg CTCA/ha.
Number of Applications per Year
                                       2

Retreatment Intervals (days)
                                      14

Chemical Application Method (CAM)
                                       2
                                     Label
Foliar
Incorporation Depth (cm)
                                       0
                                     Label
Apply cyazofamid by ground equipment, soil drench, soil surface spray, or chemigation applications to ornamentals.
Air diffusion coefficient (cm[2]/day)
                                       0
                                      N/A
Assuming no volatilization.
Vaporization enthalpy (kcal/mol)
                                       0
                                      N/A
Assuming no volatilization.
Henry's Law Constant (atm-m[3]/mol)
                                       0
                                      N/A
Assuming no volatilization.
Partition Coefficient (KOC; mL/gOC)
                                      836
                                   45409114,
                                   46537714
Sorption is correlated with organic carbon.  Mean value out of four available soil values.
Aerobic Soil Metabolism Half-life (days)

                                     288.2
                                   45409105,
                                   46537710
PestDF half-lives are as follows at 20°C:
208 days (SFO) in UK sandy loam, 359 days (SFO) in UK loamy sand, and 365 (SFO) in German sand.
90% upper confidence limits on the mean for the following corrected half-life values at 25°C: 147 days (SFO), 254 days (SFO) & 258 (SFO), respectively.  Mean = 219.67 days; standard deviation = 62.96 days; n = 3; t90, n-1 = 1.886.
Hydrolysis Half-life (days)
                                       0
                                   45409101,
                                   46537702,
                                   46702702
Stable at 50ºC for 5 days in pHs 4, 7, and 9 buffered solutions.
1 Parameters are selected as per "Guidance for Selecting Input Parameters for Modeling Pesticide Concentrations in Groundwater Using the Pesticide Root Zone Model" v.1.0, dated October 15, 2012.

   For three of the scenarios: FL potatoes, GA coast, and WI sand, extended weather files were required, since breakthrough was incomplete after 30 years.  Results are provided in Table A-2.

Table A-2. Estimated Drinking Water Concentrations (EDWCs) of CTCA, a degradate of cyazofamid, resulting from the use on ornamentals
                                 Crop/Scenario
                              Highest Daily Value
                                    (ug/L)
                           Post Breakthrough Average
                                    (ug/L)
                     Average Simulation Breakthrough Time
                                    (days)
                          Ornamentals/Tier I Delmarva
                                     44.9
                                     44.6
                                    10,913
                         Ornamentals/Tier I FL citrus
                                      114
                                      113
                                     9,130
                        Ornamentals/Tier I FL potatoes
                                     0.28
                                  Incomplete
                                  Incomplete
          Ornamentals/Tier I FL potatoes, with extended weather file
                                     0.371
                                     0.33
                                    18,838
                          Ornamentals/Tier I GA coast
                                     3.83
                                  Incomplete
                                  Incomplete
            Ornamentals/Tier I GA coast with extended weather file
                                     31.1
                                     28.9
                                    15,032
                          Ornamentals/Tier I NC coast
                                     62.1
                                     60.7
                                     9,688
                          Ornamentals/Tier I WI sand
                                     51.9
                                  Incomplete
                                  Incomplete
             Ornamentals/Tier I WI sand with extended weather file
                                      224
                                      211
                                    13,561
Bolded values represent the maximum EDWCs.

Example Output File from PRZM-GW

Groundwater Analysis for CTCA and the Florida Citrus - FL Central Ridge, Polk County - (Tampa) Met File (12842.Dvf) - Astatula Sand, Hrgb A Scenario

Estimated groundwater concentrations and breakthrough times for CTCA are presented in Table 1 for the Florida Citrus - FL Central Ridge, Polk County - (Tampa) Met File (12842.dvf) - Astatula sand, hrgb A groundwater scenario. A graphical presentation of the daily concentrations in the aquifer is presented in Figure 1. These values were generated with the PRZM-GW (Version 1.07). Critical input values for the model are summarized in Tables 2 and 3.

Table 1. Groundwater Results for CTCA and the Florida Citrus - FL Central Ridge, Polk County - (Tampa) Met File (12842.dvf) - Astatula sand, hrgb A Scenario.
Peak Concentration (ppb)
     114
Post-Breakthrough Mean Concentration (ppb)
     113
Entire Simulation Mean Concentration (ppb)
    53.1
Average Breakthrough Time (days)
9129.938
Throughputs
1.200446

Table 2. Chemical Properties for Groundwater Modeling of CTCA.
Koc (ml/g)
836
Surface Soil Half Life (days)
288.2
Hydrolysis Half Life (days)
0
Diffusion Coefficint Air (cm2/day)
0.0
Henry's Constant
0.0
Enthalpy (kcal/mol)
0.0

Table 3. Pesticide application scheme used for CTCA.  This application scheme was applied every year of the simulation.
Application Date
(Month/Day)
Application Method
Application Rate
(kg/ha)
04/01
Above canopy application
1.274
04/15
Above canopy application
1.274

Figure 1. Aquifer Breakthrough Curve for CTCA and the Florida Citrus - FL Central Ridge, Polk County - (Tampa) Met File (12842.Dvf) - Astatula Sand, Hrgb A Scenario


[Federal Register Volume 80, Number 198 (Wednesday, October 14, 2015)]
[Notices]
[Page 61864]
[FR Doc No: 2015-26158]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission Investor Advisory Committee will hold a meeting
on Thursday, October 15, 2015, in Multi-Purpose Room LL-006 at the
Commission's headquarters, 100 F Street NE., Washington, DC. The
meeting will begin at 10 a.m. (ET) and will be open to the public.
Seating will be on a first-come, first-served basis. Doors will open at
9 a.m. Visitors will be subject to security checks. The meeting will be
webcast on the Commission's Web site at www.sec.gov.
    On September 22, 2015, the Commission issued notice of the
Committee meeting (Release No. 33-9924), indicating that the meeting is
open to the public (except during that portion of the meeting reserved
for an administrative work session during lunch), and inviting the
public to submit written comments to the Committee. This Sunshine Act
notice is being issued because a quorum of the Commission may attend
the meeting.
    The agenda for the meeting includes: Remarks from Commissioners; a
discussion of recent market structure developments; a discussion of
exchange-traded fund pricing; a report of the Committee chair regarding
Committee matters; a discussion of SEC enforcement priorities; and a
nonpublic administrative work session during lunch.

    For further information, please contact the Office of the
Secretary at<PHONE_NUMBER>.

    Dated: October 8, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-26158 Filed 10-9-15; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register: October 21, 2009 (Volume 74, Number 202)]
[Notices]
[Page 54032]
[DOCID:fr21oc09-41]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3037-013]

BTSFEO, LLC; TAI-O Associates, LP; Notice of Application for
Transfer of License, and Soliciting Comments, Motions To Intervene, and
Protests

October 14, 2009.
    On April 10, 2009, BTSFEO, LLC (Transferor) and TAI-O Associates,
LP (Transferee) filed a joint application for transfer of license of
the Elizabeth Webbing Hydroelectric Project No. 3037. The project is
located on the Blackstone River in Providence County, Rhode Island.
    Applicants seek Commission approval to transfer the license for the
Elizabeth Webbing Hydroelectric Project from BTSFEO, LLC to TAI-O
Associates, LP.
    Applicant Contact: For Transferor, Mr. Gene Carlino, Esq., BTSFEO,
LLC, c/o Carlino Law Associates, 410 South Main Street, Providence, RI
02903, telephone<PHONE_NUMBER>, FAX<PHONE_NUMBER>.
    For Transferee, Mr. Louis Yip, TAI-O Associates, LP, 521 Roosevelt
Avenue, Central Falls, RI 02863, telephone<PHONE_NUMBER>, FAX (212)
504-3097.
    FERC Contact: Diane M. Murray,<PHONE_NUMBER>.
    Deadline for filing comments, protests, and motions to intervene:
30 days from the issuance of this notice. Comments and motions to
intervene may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of Commission's Web site at http://
www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-3037-
013) in the docket number field to access the document. For assistance,
call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-25256 Filed 10-20-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Notices]
[Pages 74693-74695]
[FR Doc No: 2022-26440]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96410; File No. SR-MRX-2022-25]

Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the
Definition of Short Term Option Series

November 30, 2022.
    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 18, 2022, Nasdaq MRX, LLC (``MRX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 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 Options 1, General Provisions. The
Exchange also proposes amendments within Options 7, Pricing Schedule
and General 2, Organization and Administration.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/mrx/rules, 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 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 the description of the term ``Short
Term Option Series'' within Options 1, Section 1, Definitions, to
conform the term to Nasdaq ISE, LLC's (``ISE'') term of Short Term
Option Series which was recently amended.\3\ The Exchange also proposes
certain non-substantive amendments. Each change is described below.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 96281 (November 9,
2022), 87 FR 68769 (November 16, 2022) (SR-ISE-2022-18) (Order
Granting Approval of a Proposed Rule Change to Amend the Short Term
Option Series Program).
---------------------------------------------------------------------------

Short Term Option Series
    Options 1, Section 1(a)(48) describes the term ``Short Term Option
Series'' as follows:

    The term ``Short Term Option Series'' means a series in an
option class that is approved for listing and trading on the
Exchange in which the series is opened for trading on any Monday,
Tuesday, Wednesday, Thursday, or Friday that is a business day and
that expires on the Monday, Wednesday or Friday of the following
business week that is a business day, or, in the case of a series
that is listed on a Friday and expires on a Monday, is listed one
business week and one business day prior to that expiration. If a
Tuesday, Wednesday, Thursday or Friday is not a business day, the
series may be opened (or shall expire) on the first business day
immediately prior to that Tuesday, Wednesday, Thursday or Friday.
For a series listed pursuant to this section for Monday expiration,
if a Monday is not a business day, the series shall expire on the
first business day immediately following that Monday.

    ISE's Options 4 rules were recently amended to expand the Short
Term Option Series program to permit the listing and trading of options
series with Tuesday and Thursday expirations for options on SPY and QQQ
listed pursuant to the Short Term Option Series Program.\4\ In
conjunction with that change, ISE amended its definition of Short Term
Option Series, within Options 1, Section 1(a)(49), to accommodate the
listing of options series that expire on Tuesdays and Thursdays.
Specifically, the Exchange added Tuesday and Thursday to the permitted
expiration days, which currently include Monday, Wednesday, and Friday,
that it may open for trading.
---------------------------------------------------------------------------

    \4\ See note 3 above. MRX's Options 4 Rules are incorporated by
reference to ISE's Options 4 Rules.
---------------------------------------------------------------------------

    At this time, the Exchange proposes to amend the term ``Short Term
Option Series'' at Options 1, Section 1(a)(48) to provide,

    The term ``Short Term Option Series' means a series in an option
class that is approved for listing and trading on the Exchange in
which the series is opened for trading on any Monday, Tuesday,
Wednesday, Thursday, or Friday that is a business day and that
expires on the Monday, Tuesday, Wednesday, Thursday, or Friday of
the following business week that is a business day, or, in the case
of a series that is listed on a Friday and expires on a Monday, is
listed one business week and one business day prior to that
expiration. If a Tuesday, Wednesday, Thursday or Friday is not a
business day, the series may be opened (or shall expire) on the
first business day immediately prior to that Tuesday, Wednesday,
Thursday or Friday. For a series listed pursuant to this section for
Monday expiration, if a Monday is not a business day, the series
shall expire on the first business day immediately following that
Monday.

    Today, MRX's listing rules permit the listing and trading of
options series with Tuesday and Thursday expirations for options on SPY
and QQQ listed pursuant to the Short Term Option Series Program.\5\
---------------------------------------------------------------------------

    \5\ MRX's Options 4 Rules are incorporated by reference to ISE's
Options 4 Rules and therefore the approval of ISE's Options 4 rules
permit the listing and trading of options series with Tuesday and
Thursday expirations for options on SPY and QQQ on MRX.

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

Other Non-Substantive Amendments
    The Exchange proposes to make other amendments to reserve certain
sections of the Rulebook. These sections contain content in other
Nasdaq affiliated rulebooks. To harmonize the section numbers across
the Nasdaq affiliated markets, the Exchange proposes to reserve General
2, Sections 23 and 24. These amendments are non-substantive.
    The Exchange also proposes to update the name of various market
data feeds to mirror the amendments that were recently made within
Options 3, Section 28.\6\ Amending the names of the market data feeds
within Options 7, Section 7 to align with the names within the
Exchange's rules will make clear which products are being described
within Options 7. These amendments are non-substantive.
---------------------------------------------------------------------------

    \6\ See Securities and Exchange Release No. 95982 (October 4,
2022), 87 FR 61391 (October 11, 2022) (SR-MRX-2022-18) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Its Rules in Connection With a Technology Migration to Enhanced
Nasdaq Functionality).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\7\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\8\ in particular, in that it is 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.
---------------------------------------------------------------------------

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

Short Term Option Series
    The Exchange's proposal to amend the term ``Short Term Option
Series'' at Options 1, Section 1(a)(48) to reflect the recent change
\9\ to MRX's listing rules to permit the listing and trading of options
series with Tuesday and Thursday expirations for options on SPY and QQQ
listed pursuant to the Short Term Option Series Program is consistent
with the Exchange Act. This proposal will align the description of
Short Term Option Series within Options 1, Section 1(a)(48) to the
expirations permitted within the Short Term Option Series Program
within Supplementary .03 to Options 4, Section 5.
---------------------------------------------------------------------------

    \9\ See note 3 above.
---------------------------------------------------------------------------

Other Non-Substantive Amendments
    The Exchange's proposal to reserve certain sections of the
Rulebook, namely General 2, Sections 23 and 24, to harmonize section
numbers across the Nasdaq affiliated markets is non-substantive. The
Exchange's proposal to update the name of various market data feeds
within Options 7, Section 7 to mirror the amendments that were recently
made within Options 3, Section 28 \10\ are non-substantive.
---------------------------------------------------------------------------

    \10\ See note 5 above.
---------------------------------------------------------------------------

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

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.
Short Term Option Series
    The Exchange's proposal to amend the term ``Short Term Option
Series'' at Options 1, Section 1(a)(48) to reflect the recent change
\11\ to MRX's listing rules to permit the listing and trading of
options series with Tuesday and Thursday expirations for options on SPY
and QQQ listed pursuant to the Short Term Option Series Program does
not impose an undue burden on competition, rather this proposal will
align the description of Short Term Option Series within Options 1,
Section 1(a)(48) to the expirations permitted within the Short Term
Option Series Program within Supplementary .03 to Options 4, Section 5.
---------------------------------------------------------------------------

    \11\ See note 3 above.
---------------------------------------------------------------------------

Other Non-Substantive Amendments
    The Exchange's proposal to make other amendments to reserve certain
sections of the Rulebook, namely General 2, Sections 23 and 24, to
harmonize section numbers across the Nasdaq affiliated markets is non-
substantive. The Exchange's proposal to update the name of various
market data feeds within Options 7, Section 7 to mirror the amendments
that were recently made within Options 3, Section 28 \12\ are non-
substantive.
---------------------------------------------------------------------------

    \12\ See note 5 above.
---------------------------------------------------------------------------

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

    No written comments were either solicited or received.

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 \13\ and Rule 19b-4(f)(6) thereunder.\14\
Because the foregoing proposed rule change does not: (i) significantly
affect the protection of investors or the public interest; (ii) impose
any significant burden on competition; and (iii) become operative for
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, it has become effective pursuant to
Section 19(b)(3)(A)(iii) of the Act \15\ and subparagraph (f)(6) of
Rule 19b-4 thereunder.\16\ The Exchange has stated that the Options 4
listing rules were recently amended to expand the Short Term Option
Series program to permit the listing and trading of options series with
Tuesday and Thursday expirations for options on SPY and QQQ listed
pursuant to the Short Term Option Series Program,\17\ and that waiver
of the 30-day operative delay will allow the Exchange to conform the
definition of a Short Term Option Series to the Options 4 listing
rules. The Commission believes that waiver of the 30-day operative
delay is consistent with the protection of investors and the public
interest because the proposed rule change does not raise any new or
novel issues. Accordingly, the Commission hereby waives the operative
delay and designates the proposed rule change operative upon
filing.\18\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \16\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
    \17\ See supra note 4.
    \18\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-MRX-2022-25 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MRX-2022-25. 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-MRX-2022-25, and should be submitted on
or before December 27, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12), (59).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-26440 Filed 12-5-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 43 (Friday, March 4, 2022)]
[Notices]
[Page 12475]
[FR Doc No: 2022-04590]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4635-DR; Docket ID FEMA-2022-0001]

Washington; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster for the
State of Washington (FEMA-4635-DR), dated January 5, 2022, and related
determinations.

DATES: The amendment was issued January 27, 2022.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this declared disaster is now November 5, 2021, through and
including December 2, 2021.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households in Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-04590 Filed 3-3-22; 8:45 am]
BILLING CODE 9111-23-P