[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Notices]
[Pages 46561-46564]
[FR Doc No: 2017-21401]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81764; File No. SR-CHX-2017-13]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Related to Sponsored Access

September 29, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on September 15, 2017, the Chicago Stock Exchange, Inc. (``CHX''
or the ``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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CHX proposes to amend the Rules of the Exchange (``CHX Rules'')
related to Sponsored Access. The text of this proposed rule change is
available on the Exchange's Web site at (www.chx.com) and in 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 CHX included statements
concerning the purpose of and basis for the proposed rule changes 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 CHX 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 Changes

1. Purpose
    The Exchange proposes to amend CHX Rules to effect the following
changes:
     Amend Article 1, Rule 1 to adopt the following defined
terms: ``Sponsoring Participant,'' ``Sponsored Person'' and ``Sponsored
Access.''
     Amend Article 5, Rule 3 to permit Sponsoring Participants
to provide Sponsored Access to the Exchange to Sponsored Persons,
subject to enhanced requirements. Current Article 5, Rule 3 only
permits Sponsoring Participants to provide authorized access to the
Exchange's trading facilities to non-Participant \3\ broker-dealers.
The proposal would permit Participants, non-Participants, broker-
dealers and firms that are not broker-dealers to receive Sponsored
Access to the Exchange.\4\
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    \3\ A ``Participant'' is a ``member'' of the Exchange for the
purposes of the Act. See CHX Article 1, Rule 1(s).
    \4\ The Exchange notes that Nasdaq Stock Market (``Nasdaq'')
permits its members to provide Sponsored Access to a ``Sponsored
Participant,'' which may be a non-broker-dealer, subject to the
requirements of Nasdaq Rule 4615. According to Nasdaq, a ``Sponsored
Participant'' may be a member, non-member, a broker-dealer or not a
broker-dealer, such as ``a hedge fund, mutual fund, bank or
insurance company.'' See Exchange Act Release No. 76449 (November
17, 2015), 80 FR 73011, 73012 (November 23, 2015) (SR-NASDAQ-2015-
140).

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(1) Current Article 5, Rule 3
    Current Article 5, Rule 3(a) provides that a Sponsoring Participant
may provide authorized access to the Exchange for a non-Participant
broker-dealer, through a clearing arrangement or otherwise, only if the
Sponsoring Participant, the non-Participant broker-dealer and the
Exchange (as appropriate) enter into one or more written agreements, in
a form acceptable to the Exchange, prior to any access to the Exchange,
that contain all of the following terms: (1) All orders submitted by
the non-Participant broker-dealer, and any executions resulting from
those orders, are binding in all respects on the Sponsoring
Participant; (2) the Sponsoring Participant is responsible for all
actions taken and fees incurred in connection with any order submitted
or transaction executed by the non-Participant broker-dealer (and any
person acting on behalf of the non-Participant broker-dealer); (3) in
all matters relating to the non-Participant broker-dealer's access to
the Exchange and its use of Exchange facilities, the Exchange shall
communicate with the Sponsoring Participant and shall not be required
to communicate with the non-Participant broker-dealer at any time; (4)
the non-Participant broker-dealer agrees that it will have reasonable
procedures to maintain the physical security of the equipment used to
access the Exchange to prevent improper use of, or access to, the
Exchange; and (5) the Sponsoring Participant agrees that it will
indemnify and hold the Exchange harmless from any liability, loss,
claim or expense which the Exchange may incur in connection with the
agreement. In addition, current Article 5, Rule 3(b) provides that the
Sponsoring Participant must provide signed copies of the agreements
required by section (a) to the Exchange prior to the non-participant's
access to the Exchange through the Sponsoring Participant.
    The Exchange now proposes to amend CHX Rules to permit Sponsoring
Participants to provide Sponsored Access to the Exchange to any
Sponsored Person, subject to the requirements of amended Article 5,
Rule 3. Amended Article 5, Rule 3 is based, in part, on Nasdaq Rule
4615. The Exchange believes that the proposed rule change will permit a
broader group of market participants, such as institutional investors,
to obtain Sponsored Access to the Exchange, which may result in reduced
transaction costs to such market participants in furtherance of the
protection investors and the public interest.
(2) Proposed Definitions
    Proposed CHX Article 1, Rule 1(vv) provides that ``Sponsored
Person'' means a person which has entered into a sponsorship
arrangement with a Sponsoring Participant pursuant to amended Article
5, Rule 3.
    Proposed CHX Article 1, Rule 1(ww) provides that a ``Sponsoring
Participant'' means a Participant who has been designated by a
Sponsored Person to execute, clear and settle transactions resulting
from the Trading Facilities. The rule continues by providing that the
Sponsoring Participant shall be either (1) a Clearing Participant \5\
or (2) a correspondent firm with a clearing arrangement with a Clearing
Participant.
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    \5\ CHX Article 1, Rule 1(ee) defines ``Clearing Participant''
as ``a Participant which has been admitted to membership in a
Qualified Clearing Agency pursuant to the provisions of the Rules of
the Qualified Clearing Agency.'' Current CHX Article 1, Rule 1(ff)
defines ``Qualified Clearing Agency'' as ``a clearing agency as
defined in Section 3(a)(23) of the Exchange Act which is registered
with the Commission pursuant to the provisions of Section 17A(b)(2)
of the Exchange Act or has obtained from the Commission an exemption
from registration granted specifically to allow the clearing agency
to provide confirmation and affirmation services.
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    Proposed Article 1, Rule 1(xx) provides that ``Sponsored Access''
means an arrangement whereby a Sponsoring Participant permits its
Sponsored Persons to enter orders into the Matching System that bypass
the Sponsoring Participant's trading system and are routed directly to
the Exchange, including through a service bureau or other third party
technology provider. The Exchange is proposing to adopt a definition
for ``Sponsored Access'' to clarify the type of market access
arrangement that is subject to amended Article 5, Rule 3. This
definition was derived from the Commission's description of Sponsored
Access used in the release approving the Market Access Rule.\6\
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    \6\ The Market Access Rule, among other things, requires broker-
dealers providing others with access to an exchange or alternative
trading system to establish, document, and maintain a system of risk
management controls and supervisory procedures reasonably designed
to manage the financial, regulatory, and other risks of providing
such access. See Securities Exchange Act Release No. 63241 (November
3, 2010), 75 FR 69792 (November 15, 2010).
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 (3) Amended Article 5, Rule 3
    The Exchange proposes to amend current Article 5, Rule 3 to permit
Sponsoring Participants to provide Sponsored Access to Sponsored
Persons, subject to the requirements of amended Article 5, Rule 3.
Initially, the Exchange proposes to amend the title to Rule 3 to
reflect that it applies to ``Sponsored Persons.''
    Under paragraph (a), the Exchange proposes to (1) replace a
reference to ``Participant (the `Sponsoring Participant')'' with
``Sponsoring Participant''; (2) replace reference to ``authorized
access'' with the proposed defined term ``Sponsored Access''; (3)
define the required written agreements between Sponsoring Participant,
Sponsored Person and the Exchange that permit a Sponsored Person to
receive Sponsored Access to the Exchange as ``Sponsored Access
Agreements.'' Under both paragraphs (a) and (b), as well as Article 5,
Rule 4 (Denial of Access),\7\ the Exchange proposes to replace
references to the terms ``non-Participant broker-dealer'' or ``non-
Participant'' with ``Sponsored Person.''
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    \7\ Incidentally, under current Article 5, Rule 4(a), the
Exchange proposes to replace reference to ``Market Regulation
Department'' with ``Regulatory Operations Division.'' Since the
Market Regulation Department is a department of the Regulatory
Operations Division, the Exchange believes that it is appropriate
for denial of access authority to rest more broadly with the
Regulatory Operations Division.
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    The Exchange further proposes to adopt proposed paragraphs (a)(6)-
(11) to provide additional terms that must be included in Sponsored
Access Agreements. Proposed paragraph (a)(6) provides that the
Sponsoring Participant and Sponsored Person must comply with Rule 15c3-
5 under the Exchange Act.\8\ Pursuant to amended Article 5, Rule 3, the
Sponsoring Participant is responsible for the activities of the
Sponsored Person. Sponsoring Participants may have multiple Sponsored
Access relationships in place at a given time. The Exchange's
examination program assesses compliance with Article 5, Rule 3, among
other rules. As such, proposed paragraph (a)(6) clarifies the
Sponsoring Participant's and Sponsored Person's obligations to comply
with the Market Access Rule, with which Participants are currently
required to comply. The Exchange believes that specifying the
obligation to comply with the Market Access Rule specifically will
reinforce that amended Article 5, Rule 3 presupposes compliance with
the Market Access Rule.
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    \8\ 17 CFR 240.15c3-5.
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    Proposed paragraph (a)(7) provides that the Sponsoring Participant
shall comply with the Exchange's Certificate of Incorporation, Bylaws,
Rules and procedures and the Sponsored Person shall comply with the
Exchange's Certificate of Incorporation, Bylaws, Rules and procedures
with regard to the

Exchange, as if the Sponsored Person were a Participant. The Exchange
believes that proposed paragraph (a)(7) will ensure that Sponsored
Persons that are non-Participants are subject to the same regulatory
requirements as Participants.
    Proposed paragraphs (a)(8)-(11) would impose obligations on
Sponsored Persons to ensure appropriate use of, and security of access
to, the Exchange's trading facilities, as well as compliance with the
applicable Sponsored Access Agreement. Specifically, proposed paragraph
(a)(8) provides that the Sponsored Person shall maintain, keep current
and provide to the Sponsoring Participant a list of individuals
authorized to obtain Sponsored Access to the Exchange on behalf of the
Sponsored Person. Proposed paragraph (a)(9) provides that the Sponsored
Person shall familiarize its authorized individuals with all of the
Sponsored Person's obligations under this Rule and will assure that
they receive appropriate training prior to any use or access to the
Exchange pursuant to any Sponsored Access Agreement. Proposed paragraph
(a)(10) provides that the Sponsored Person may not permit anyone other
than authorized individuals to use or obtain access to the Exchange
pursuant to any Sponsored Access Agreement. Proposed paragraph (a)(11)
provides that the Sponsored Person shall establish, maintain and
enforce written supervisory procedures and a supervisory system that is
reasonably designed to ensure that the use or access to the Exchange
that takes place pursuant to a Sponsored Access Agreement and by any
Sponsored Person or authorized individual complies with the terms of
the Sponsored Access Agreement and all applicable CHX and SEC rules and
regulations.
(4) Operative Date
    The Exchange proposes to make the proposed rule change operative on
a date after the 30-day preoperative delay and pursuant to at least one
week's notice to Participants.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act in general,\9\ and furthers the objectives
of Section 6(b)(5) in particular,\10\ in that it is designed to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments and perfect the mechanisms of a free
and open market, and, in general, to protect investors and the public
interest; and is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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    Specifically, the Exchange believes that the proposed rule change
will remove impediments and perfect the mechanisms of a free and open
market by permitting Sponsoring Participants to provide Sponsored
Access to customers that are not broker-dealers, such as institutional
investors, as well as broker-dealers that are not Participants, which
may result in reduced transaction costs to such market participants in
furtherance of the protection investors and the public interest.
    Also, the Exchange believes that the additional required terms for
Sponsored Access Agreements under proposed Article 5, Rule 3(a)(6)-(11)
will protect investors and the public interest by enhancing the ability
of the Exchange to monitor, enforce and compel compliance with CHX
Rules and the Market Access Rule by Sponsoring Participants and
Sponsored Persons. In particular, proposed paragraph (a)(6) will
clarify that any Sponsored Access arrangement under amended Article 5,
Rule 3 must be effected in accordance with the Market Access Rule;
proposed paragraph (a)(7) will ensure that both Participant and non-
Participant Sponsored Persons will be subject to the CHX Rules; and
proposed paragraphs (a)(8)-(11) will impose affirmative obligations on
Sponsored Persons that will enhance the security of the Exchange.
    Moreover, the Exchange believes that proposed definitions of
``Sponsoring Participant,'' ``Sponsored Person,'' ``Sponsored Access''
and ``Sponsored Access Agreements'' provide clarity to the meaning and
scope of amended Article 5, Rule 3, which furthers the objectives of
Section 6(b)(1) \11\ in that it further enables the Exchange to be so
organized as to have the capacity to be able to carry out the purposes
of the Act and to comply, and to enforce compliance by its Participants
and persons associated with its Participants, with the provisions of
the Act, the rules and regulations thereunder, and the rules of the
Exchange.
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    \11\ 15 U.S.C. 78f(b)(1).
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B. Self-Regulatory Organization's Statement of Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange notes that
other national securities exchanges, such as Nasdaq,\12\ currently
permit its members to provide Sponsored Access to members, non-members,
broker-dealers and firms that are not broker-dealers. As such, the
proposal will enhance competition among the national securities
exchanges by permitting the Exchange to allow Sponsoring Participants
to provide Sponsored Access to its customers on similar terms.
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    \12\ See supra note 4.
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C. Self-Regulatory Organization's Statement on Comments Regarding the
Proposed Rule Changes Received From Members, Participants or Others

    No written comments were either solicited or received.

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

    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) of the Act \13\ and Rule 19b-
4(f)(6) thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
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 the 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.
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    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 under
Section 19(b)(2)(B) of the Act \15\ to determine whether the proposed
rule should be approved or disapproved.
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    \15\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-CHX-2017-13 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 No. SR-CHX-2017-13. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule changes between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 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 CHX. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-CHX-2017-13 and should be
submitted on or before October 26, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-21401 Filed 10-4-17; 8:45 am]
BILLING CODE 8011-01-P


application rate (lb ai/acre) * daily acres treated /  body weight (60
kg).

f	Daily inhalation dose (mg/kg/d) = unit exposure (µg/lb ai) *
(1mg/1000 µg) conversion * application rate (lb ai/acre) * daily acres
treated / body weight (60 kg).

g	Dermal MOE = NOAEL (30 mg/kg/d) / daily dermal dose.  UF = 100.

h	Inhalation MOE = NOAEL (3 mg/kg/d) / daily inhalation dose.  UF = 100.

i	Total MOE = 1 / 1 / Dermal MOE + 1/ Inhalation MOE.  UF = 100.

 Table 9.1.b.  Non-Cancer Intermediate-Term Risk for Flumioxazin
Handlers for Aquatic Uses.

Exposure Scenario (Scenario #)

Mitigation Levela

Dermal Unit Exposureb (mg/lb ai)

Inhalation Unit Exposurec   (µg/lb ai)

Crop

Application Rate

(lb ai/A)

Amount Treatedd

(A/day)

Daily

Dermal

Dosee (mg/kg/day)

Daily

Inhalation

Dosef (mg/kg/day)

Dermal MOEg

Inhalation    MOEh

Total

MOEi

Mixer/Loader

Dry Flowables for Aerial Application (1)

Baseline

0.066

0.77	Aquatic Weeds	0.3825	350	0.1473	0.00172	200	1,200	NA

Dry Flowables for Airboat Application (4)

Baseline

0.066

0.77	Aquatic Weeds	0.3825	10	<0.1473	<0.00172	>200	>1,200	NA

Applicator

Sprays with Helicopter/  Fix-Wing Airplane (2)

En. Control	0.0050	0.068	Aquatic Weeds	0.3825	350	0.0112	0.00015	2,700
13,000	NA

Sprays with Boom Mounted Airboat (5)	Baseline	0.014	0.74	Aquatic Weeds
0.3825	10	0.00089	0.000047	34,000	43,000	NA

Mixer/Loader/Applicator

Sprays with Boom Mounted Airboat (6)	Baseline	0.37	1.3	Aquatic Weeds
0.3825	10	0.0236	0.000083	1,300	24,000	NA

Sprays with Low-Press Handwand (7)	Baseline + gloves	0.43	30	Aquatic
Weeds	0.3825	10	<0.1594	0.0019	>190	>1,100	NA

Sprays with Back Pack

Sprayer (8)	Baseline + gloves

2.5

30	Aquatic Weeds	0.3825	10	0.1594	0.0019	190	1,100	NA

Sprays with Right-of-Way (9)	Baseline	1.3	3.9	Aquatic Weeds	0.3825	10
<0.1594	<0.0019	>190	>1,100	NA

Sprays for Sub-Surface Application (10)	Baseline	0.066	0.77	Aquatic
Weeds	8.62

7.55	30	0.2845

0.2492	0.0033

0.0029	110

120	610

690	NA

Flagger

Flagging during

Aerial Application (3)	Baseline	0.011	0.35	Aquatic Weeds	0.3825	350
0.0245	0.00078	1,200	2,600	NA

a	Baseline consists of long-sleeve shirt, long pants, shoes, and socks
and no respirator.  PPE consists of long-sleeve shirt, long pants,
shoes, socks, chemical-resistant gloves, and no respirator.

b	Baseline Dermal Unit Exposure represents long pants, long sleeved
shirt, no gloves, open mixing/loading, and open cab tractors, as
appropriate.

c	Baseline Inhalation Exposure represents no respiratory protection,
open mixing/loading, and open cab tractors, as appropriate.

d	Daily acres treated values are from EPA estimates of acreage that
could be treated or volume handled in a single day for each exposure
scenario of concern, based on the application method and
formulation/packaging type; and also based on values used in D 316596
(T. Dole 2005).

e	Daily dermal dose (mg/kg/d) =  unit dermal exposure (mg/lb ai) *
application rate (lb ai/acre) * daily acres treated/body weight (60 kg).

f	Daily inhalation dose (mg/kg/d) = unit exposure (µg/lb ai) *
(1mg/1000 µg) conversion * application rate (lb ai/acre) * daily acres
treated / body weight (60 kg).

g	Dermal MOE = NOAEL (30 mg/kg/d) / daily dermal dose.  UF = 100.

h	Inhalation MOE = NOAEL (2 mg/kg/d) / daily inhalation dose.  UF = 100.

i	Total MOE is not applicable since the intermediate-term dermal and
inhalation NOAELs are based on different toxicological endpoints.

Cucumber Vegetables, Leaf Petioles, and Hops

ARIA/RD believes handlers will be exposed to short-term duration
exposures (1-30 days).  Depending on crop, there are one or two
applications per year as described in the proposed supplemental product
labels and the IR-4 submission. ARIA/RD expects that ground applications
will be conducted by private, (i.e., grower) applicators.  Particularly
for ground applications, private (i.e., grower) applicators may perform
all functions, that is, mix, load and apply the material.  Standard HED
procedure directs that although the same individual may perform all
those tasks, they shall be assessed separately.  The available exposure
data for combined mixer/loader/applicator scenarios are limited in
comparison to the monitoring of these two activities separately.  These
exposure scenarios are outlined in the Pesticide Handler Exposure
Database (PHED) Surrogate Exposure Guide (August 1998).  HED has adopted
a methodology to present the exposure and risk estimates separately for
the job functions in some scenarios and to present them as combined in
other cases.  Most exposure scenarios for hand-held equipment (such as
hand wands, backpack sprayers, and push-type granular spreaders) are
assessed as a combined job function.  With these types of hand held
operations, all handling activities are assumed to be conducted by the
same individual.  The available monitoring data support this and HED
presents them in this way.  Conversely, for equipment types such as
fixed-wing aircraft, groundboom tractors, or air-blast sprayers, the
applicator exposures are assessed and presented separately from those of
the mixers and loaders.  By separating the two job functions, HED
determines the most appropriate levels of personal protective equipment
(PPE) for each aspect of the job without requiring an applicator to wear
unnecessary PPE that might be required for a mixer/loader (e.g.,
chemical resistant gloves may only be necessary during the pouring of a
liquid formulation).

No chemical specific data were available with which to assess potential
exposure to pesticide handlers.  The estimates of exposure to pesticide
handlers are based upon surrogate study data available in the PHED (v.
1.1, 1998).  For pesticide handlers, it is HED standard practice to
present estimates of dermal exposure for “baseline” that is, for
workers wearing a single layer of work clothing consisting of a long
sleeved shirt, long pants, shoes plus socks and no protective gloves as
well as for “baseline” and the use of protective gloves or other PPE
as might be necessary.  PPE for the two products was discussed earlier.

The toxicological endpoints used herein for risk assessment are listed
in Table 3.5.12b, above.

A short-term duration (1 - 30 days) dermal toxicological endpoint was
identified from a dermal developmental study in the rat. The NOAEL is
30.0 mg ai/kg bw/day and the effects seen were cardiovascular effects,
especially ventricular septal defects in fetuses.  The level of concern
for occupational exposures is for MOE < 100.  Since the toxicological
endpoint was identified from a dermal study, dermal exposure is not
corrected for dermal absorption.  Also, since the effects were
identified from a developmental study with fetal toxicological effects,
a 60 kg body weight is used to calculate average daily exposure.

The short-term inhalation toxicological NOAEL is 3.0 mg ai/kg bw/day.
The endpoint was identified from an oral developmental study in the rat.
 The effects seen were the same as those noted in the dermal study
(i.e., cardiovascular effects, especially ventricular septal defects in
fetuses).  Since the toxic effects were identified from a developmental
study with fetal effects, a 60 kg bw is used to calculate exposure.  HED
and RD assume 100 % absorption via the inhalation route of exposure.
MOEs are calculated separately and as “combined” MOEs.  The dermal
and inhalation NOAELs are different, therefore, the combined MOE is
calculated as 1/(1/MOEdermal + 1/MOEinhalation).

Flumioxazin is classified as "not likely" to be a human carcinogen based
on the lack of carcinogenicity in a 2-year rat study, an 18-month mouse
study, and a battery of mutagenic studies.  Therefore there is no cancer
risk for flumioxazin.

Table 9.1.c.   Summary of Exposure & Risk for Occupational Handlers
Applying Flumioxazin

Unit Exposure1

mg ai/lb handled	Applic. Rate2

lb ai/unit	Units Treated3	Avg. Daily Exposure4

mg ai/kg bw/day	MOE5	Combined

MOE6

Mixer/Loader Using Open Pour Loading of Dry Flowable  (Hops)

Dermal:

SLNoGlove     0.066

SLWithGlove  0.066

Inhal.               0.00077

0.375

lb ai/A

40

A/day	Dermal:

SLNoGlove     0.0165

SLWithGlove  0.0165

Inhal.             0.00019

1,818

1,818

15,789

1,630

1,630

Mixer/Loader Using Open Pour Loading of Dry Flowable  (Leaf  Petiole)

Dermal:

SLNoGlove     0.066

SLWithGlove  0.066

Inhal.               0.00077

0.188

lb ai/A

200

A/day	Dermal:

SLNoGlove     0.0414

SLWithGlove  0.0414

Inhal.             0.000483

725

725

6,211

649

649

Applicator Using Open-cab Ground-boom Sprayer

Dermal:

SLNoGlove     0.014

SLWithGlove  0.014

Inhal.               0.00074

0.375

lb ai/A

40

A/day	Dermal:

SLNoGlove     0.0035

SLWithGlove  0.0035

Inhal.             0.00019

8,571

8,571

15,789

5,555

5,555

Applicator Using Open-cab Ground-boom Sprayer

Dermal:

SLNoGlove     0.014

SLWithGlove  0.014

Inhal.               0.00074

0.188

lb ai/A

200

A/day	Dermal:

SLNoGlove      0.0088

SLWithGlove   0.0088

Inhal.            0.000464

3,409

3,409

6,465

2,233

2,233

1.  Unit Exposures are taken from “PHED SURROGATE EXPOSURE GUIDE”,
Estimates of Worker Exposure from The Pesticide Handler Exposure
Database Version 1.1, August 1998.   Inhal. = Inhalation.  Units = mg
ai/pound of active ingredient handled

2.  Applic. Rate. = Taken from the proposed draft labels

3.  Units Treated are taken from “Standard Values for Daily Acres
Treated in Agriculture”; SOP  No. 9.1.   Science Advisory Council for
Exposure;  Revised 5 July 2000;

4.  Average Daily Dose (ADD) = Unit Exposure * Applic. Rate * Units
Treated ( Body Weight (60 kg since NOAELs are identified from a
developmental study with fetal effects).

5.  MOE = Margin of Exposure = No Observed Adverse Effect Level (NOAEL)
( ADD.  NOAEL = 30.0 mg ai/kg bw/day for short-term dermal; 3.0 mg ai/kg
bw/day for short-term inhalation).

6.  Combined MOE = 1 ÷ (1 ÷ MOEDermal + 1 ÷ MOEInhalation)

Conclusion: A MOE of 100 is adequate to protect occupational pesticide
handlers from exposures to flumioxazin.  Except for the short-term total
MOE for the subsurface application (MOE = 94; application rate for 8
foot deep water column = 8.62 lb ai/A), all short-term total MOEs and
intermediate-term dermal & inhalation MOEs for handlers performing the
proposed uses on aquatic weeds and terrestrial crops are greater than
100 and therefore, the risks do not exceed ARIA/HED’s level of
concern.  The short-term total MOE calculated for the next highest
aquatic application rate of 7.55 lb ai/A (the application rate for 7
foot deep water column in the subsurface application) is 110.  Based on
this result and given the serious nature of the toxicological endpoint,
HED recommends that the water depth for subsurface application shall not
go beyond 7 feet.  Pending the receipt of an updated aquatic application
label, the proposed new uses do not exceed ARIA/HEDs level of concern.

Short-/Intermediate-/Long-Term Post-application Risk

Occupational post-application exposures are not expected for the
proposed aquatic uses.

It is possible for agricultural workers to have post-application
exposures to pesticide residues during the course of typical terrestrial
agricultural activities.  HED in conjunction with the Agricultural
Re-entry Task Force (ARTF) has identified a number of post-application
agricultural activities that may occur and which may result in
post-application exposures to pesticide residues.  HED has also
identified Transfer Coefficients (TC) (cm²/hr) relative to the various
activities which express the amount of foliar contact over time, during
each of the activities identified.  For the proposed new crop use sites,
the highest appropriate TC is 1,500 cm²/hr which results from
"scouting" (i.e., crop advisors) in peanut, leaf petiole vegetables and
cucurbit vegetables.  The TC for scouting hops in the earlier parts of
the season is 1,300 cm2/hr.  One might typically expect high exposures
in late season hops, however, the directions for application to hops
indicates application to the hop yard floor for sucker control and are
made earlier in the season.  Therefore, as a “screening” level
assessment, RD herein uses a TC of 1,500 cm²/hr.

The TCs used in this assessment are from an interim TC Standard
Operating Procedure (SOP) developed by HED’s ExpoSAC using proprietary
data from the ARTF database (SOP # 3.1).  It is the intention of HED’s
ExpoSAC that this SOP will be periodically updated to incorporate
additional information about agricultural practices in crops and new
data on transfer coefficients.  Much of this information will originate
from exposure studies currently being conducted by the ARTF, from
further analysis of studies already submitted to the Agency, and from
studies in the published scientific literature.

Lacking compound specific dislodgeable foliar residue (DFR) data, HED
assumes 20 % of the application rate is available as DFR on day zero
after application.  This is adapted from the ExpoSAC SOP No. 003 (7 May
1998 - Revised 7 August 2000).

The following convention may be used to estimate post-application
exposure.

Average Daily Dose (ADD) (mg ai/kg bw/day) = DFR µg/cm2 * TC cm2/hr *
hr/day * 0.001 mg/µg * 1/60 kg bw

 and where:

Surrogate Dislodgeable Foliar Residue (DFR) = application rate * 20%
available as dislodgeable residue * (1-D)t * 4.54 x 108 µg/lb * 2.47 x
10-8 A/cm2 .

0.188 lb ai/A * 0.20 * (1-0)0 * 4.54 x 108 µg/lb * 2.47 x10-8 A/cm² =
0.42 µg/cm2 , therefore,

0.42 µg/cm2 * 1,500 cm2/hr * 8 hr/day * 0.001 mg/µg  ( 60 kg bw =
0.084 mg/kg bw/day.

MOE = NOAEL ( ADD then 30 mg/kg bw/day ( 0.084 mg/kg bw/day = 357.

0.375 lb ai/A * 0.20 * (1-0)0 * 4.54 x 108 µg/lb * 2.47 x10-8 A/cm² =
0.84 µg/cm2 , therefore,

0.84 µg/cm2 * 1,500 cm2/hr * 8 hr/day * 0.001 mg/µg  ( 60 kg bw =
0.168 mg/kg bw/day.

MOE = NOAEL ( ADD then 30 mg/kg bw/day ( 0.168 mg/kg bw/day = 178.

Conclusion: A MOE of 100 is adequate to protect agricultural workers
from post-application exposures.  Since the estimated MOEs are > 100,
the proposed uses do not exceed ARIA’s level of concern.

Restricted Entry Interval (REI)

Flumioxazin is classified in Acute Toxicity Category III for acute
dermal toxicity and for eye irritation.  It is classified in Acute
Toxicity Category IV for acute inhalation toxicity and for dermal
irritation.  It is not a dermal sensitizer.

The interim worker protection standard (WPS) REI of 12 hours is adequate
to protect agricultural workers from postapplication exposures to
flumioxazin.  The product labels both list 12 hour REIs.

10.0	TOLERANCE SUMMARY

Flumioxazin tolerances are established under 40 CFR §180.568.
Tolerances for residues in/on plant commodities are listed in 40 CFR
§180.568[a] and are expressed in terms of flumioxazin per se.
Tolerances ranging from 0.02 to 0.70 ppm have been established in/on the
commodities of almonds, cotton, pome fruits (group 11), stone fruits
(group 12), garlic, grape, onion, peanut, peppermint, pistachio,
shallot, soybean, spearmint, strawberry, sugarcane, and tuberous/corm
vegetables (subgroup 1C).  Time-limited tolerances in/on alfalfa forage
and hay, with a 12/31/09 expiration date, are also listed in 40 CFR
§180.568[b].  No tolerances have been established in meat, milk,
poultry, or eggs.

HED/ARIA notes that the residue definition for the tolerance expression
for CFR § 180.568 (a) General should be as follows: “Tolerances are
established for residues of flumioxazin, including its metabolites and
degradates, in or on the commodities in the table below. Compliance with
the tolerance levels specified below is to be determined by measuring
only flumioxazin,
2-[7-fluoro-3,4-dihydro-3-oxo-4-(2-propynyl)-2H-1,4-benzoxazin-6-yl]-4,5
,6,7-tetrahydro-1H-isoindole-1,3(2H)-dione.”

HED/ARIA notes that once the analytical method deficiencies have been
resolved for fish, the residue definition for the tolerance expression
for fish should be as follows: “Tolerances are established for
residues of flumioxazin, including its metabolites and degradates, in or
on the commodities in the table below.  Compliance with the tolerance
levels specified below is to be determined by measuring only the sum of
flumioxazin,
2-[7-fluoro-3,4-dihydro-3-oxo-4-(2-propynyl)-2H-1,4-benzoxazin-6-yl]-4,5
,6,7-tetrahydro-1H-isoindole-1,3(2H)-dione, and its metabolites APF
(3-oxo-4-prop-2ynyl-6-amino-7-fluoro-3,4-dihydro-1,4-benzoxazin) and
482-HA
(N-(7-fluoro-3,4-dihdyro-3-oxo-4-prop-2-ynyl-2H-1,4-benzoxazin-6-yl)cycl
ohex-1-ene-1-carboxamide-2-carboxylic acid), calculated as the
stoichiometric equivalent of flumioxazin, in or on the commodity.”

There are no Codex, Canadian or Mexican MRLs for flumioxazin; therefore,
there are no issues of international harmonization raised by this
action.

Table 10.0.   Tolerance Summary for Flumioxazin.

Commodity	Proposed Tolerance (ppm)	Recommended Tolerance (ppm)	Comments;

Correct Commodity Definition

Fish, freshwater	1.5	1.5

	Cucurbit vegetables, group 9	0.03	0.03

	Leaf petioles, subgroup 4B	0.02	0.02

	Hops, dried cones	0.07	0.05

	Melon subgroup 9A	0.02	remove	With the establishment of the tolerance
on cucurbit vegetables, the existing tolerance on muskmelon subgroup 9A
should be removed.

11.0	DATA NEEDS AND LABEL RECOMMENDATIONS

11.1	Toxicology

The following toxicology studies should be submitted as a condition of
registration –

870.7800 Immunotoxicity – in accordance with the 12/2007 updated Part
158 Toxicology Data Requirements, an immunotoxicity study is required.

870.6200 Neurotoxicity – in accordance with the 12/2007 updated Part
158 Toxicology Data Requirements, acute and subchronic neurotoxicity
studies are required.

11.2	Residue Chemistry

The following residue chemistry deficiencies must be resolved prior to
establishment of the tolerance for residues in fish:

An updated aquatic application label is required (see Section 11.3
below).

The labels should prohibit the use of adjuvants on cucurbit vegetables,
leaf petioles, and hops. Updated labels are required.

A confirmatory method is required for the proposed enforcement method
for fish (GPL-MTH-066).

FDA multiresidue method testing data are required for 482-HA and APF.

Reference standards for 482-HA and APF must be submitted to the EPA
National Pesticide Standards Repository.

The following should be submitted to support the recommended tolerance
for residues in hops:

A revised Section F is required for a tolerance of 0.05 ppm for the
residues of flumioxazin on hops.

11.3	Occupational and Residential Exposure

ARIA/HED recommends that the water depth for subsurface application
should not go beyond 7 feet (a 7 foot deep water column requires 7.55 lb
ai/A/application to achieve desired 400 ppb water concentration).  An
updated aquatic application label is required.

12.0	REFERENCES

Dietary Exposure Memorandum

Flumioxazin.  Acute and Chronic Dietary (Food and Water) Exposure
Assessments for the Petition Proposing Tolerances for Residues of
Flumioxazin on Fish, Cucurbit Vegetables, Leaf Petioles, and Hops. DP
Num: D367978, W. Cutchin, 8/11/09.

Drinking Water Memorandum

Section 3 Registration for Use on Field Corn and Alfalfa. DP Num:
D336195, D342249, D331732; L. Liu; 9/25/07.

Product Chemistry Memorandum

EPA Fact Sheet for Flumioxazin.

Residue Chemistry Data Reviews

Flumioxazin.  Petition for the Establishment of Permanent Tolerances on
Cucurbit Vegetables, Leaf Petioles, and Hops.  Summary of Analytical
Chemistry and Residue Data.  PP#8E7462, DP Num: D359142, W. Cutchin,
12/14/09

Occupational and Residential Exposure Memorandum

Flumioxazin - Occupational Exposure/Risk Assessment for the Proposed
Uses of Flumioxazin on Cucurbit Vegetables (Crop Group 9), Leaf Petiole
Vegetables (Crop Group 4B), Hops, and Peanut. DP Num: D359690, M. Dow,
1/5/09.

Flumioxazin: Occupational and Residential Exposure/Risk Assessment of
Flumioxazin for Section 3 Registration of a New Use on Aquatic Weeds. DP
Num: D358360, S. Wang, 4/20/09.

Flumioxazin: Occupational and Residential Exposure Assessment for the
Registration of New Uses for BroadStar Herbicide. DP Num: D362611, S.
Oonnithan, 8/11/09.

Flumioxazin:  Addendum to the Residential Exposure Assessment of
Flumioxazin for Seciotn 3 Registration of a New Use on Aquatic Weeds. DP
Num: D372257, C. Swartz, 12/14/09.

Appendix A:  Toxicology Assessment  TC \l1 "Appendix A:  Toxicology
Assessment

A.1	Toxicology Data Requirements TC \l2 "A.1  Toxicology Data
Requirements

The requirements (40 CFR 158.340) for food use for flumioxazin are in
Table A.1. Use of the new guideline numbers does not imply that the new
(1998) guideline protocols were used.

Test

	Technical

	Required	Satisfied

870.1100    Acute Oral Toxicity

870.1200    Acute Dermal Toxicity

870.1300    Acute Inhalation Toxicity

870.2400    Primary Eye Irritation

870.2500    Primary Dermal Irritation

870.2600    Dermal Sensitization		yes

yes

yes

yes

yes

yes	yes

yes

yes

yes

yes

yes

870.3100    Oral Subchronic (rodent)

870.3150    Oral Subchronic (nonrodent)

870.3200    21-Day Dermal

870.3250    90-Day Dermal

870.3465    90-Day Inhalation		yes

yes

yes

no

no	yes

yes

yes

no

no

870.3700a  Developmental Toxicity (rodent)

870.3700b  Developmental Toxicity (nonrodent)

870.3800    Reproduction		yes

yes

yes	yes

yes

yes

870.4100a  Chronic Toxicity (rodent)

870.4100b  Chronic Toxicity (nonrodent)

870.4200a  Oncogenicity (rat)

870.4200b  Oncogenicity (mouse)

870.4300    Chronic/Oncogenicity		yes

yes

yes

yes

yes	yes1

yes

yes1

yes

yes

870.5100    Mutagenicity—Gene Mutation - bacterial

870.5375    Mutagenicity—Gene Mutation – CHO cells

870.5395    Mutagenicity— In vivo rat bone marrow

870.5550    Mutagenicity—Other Genotoxic Effects- UDS assay		yes

yes

yes

yes	yes

yes

yes

yes

870.6100a  Acute Delayed Neurotox. (hen)

870.6100b  90-Day Neurotoxicity (hen)

870.6200a  Acute Neurotox. Screening Battery (rat)

870.6200b  90-Day Neuro. Screening Battery (rat)

870.6300    Develop. Neuro		no

no

yes

yes

no	-

-

no

no

-

870.7485    General Metabolism

870.7600    Dermal Penetration

870.7800    Immunotoxicity		yes

yes

yes	yes

yes

no

Special Studies for Ocular Effects

Acute Oral (rat)

Subchronic Oral (rat)

Six-month Oral (dog)		no	-

1 Requirements for 870.4100a and 870.4200a are satisfied by the receipt
of an acceptable/guideline combined chronic/carcinogenicity study in
rats (870.4300.)

A.2  Toxicity Profiles TC \l2 "A.2  Toxicity Profiles

Table A.2.1	Acute Toxicity Profile for Flumioxazin

Guideline No.	Study Type	MRID(s)	Results	Toxicity Category

870.1100	Acute oral [rat]	42684911 	LD50>5000 mg/kg M & F	IV

870.1200	Acute dermal [rat]	42684913	LD50>2000 mg/kg	III

870.1300	Acute inhalation [rat]	42684915	LC50 =3.93 mg/L	IV

870.2400	Acute eye irritation [rabbit]	42684917	Not an ocular irritant
III

870.2500	Acute dermal irritation [rabbit]	42684917	Non-irritating	IV

870.2600	Skin sensitization [guinea pig]	42684921	Non-sensitizer	N/A

Table A.2.2	Subchronic, Chronic and Other Toxicity Profile

Guideline No. 	Study Type	MRID No. (year)/ Classification /Doses	Results

870.3100

	90-Day oral toxicity - rat	 42684923

dose levels: 0, 2.3, 20.7, 69.7, and 243.5 mg/kg/day (M)

and 0, 2.2, 21.7, 71.5, and 229.6 mg/kg/day (F)	NOAEL = 69.7 (M), 71.5
(F)  mg/kg/day

LOAEL = 243.5 (M), 229.6 (F) mg/kg/day based on a decrease in MCV both
sexes; increase in platelets F only.

870.3100

	90-Day oral toxicity - rat	42683922

dose levels: 0, 1.9, 19.3, 65.0, and 196.7 mg/kg/day (M) and 0, 2.2,
22.4, 72.9, and

218.4 mg/kg/day (F)	NOAEL = 65.0 (M), 72.9 (F)  mg/kg/day    LOAEL =
196.7 (M), 218.4 (F) mg/kg/day based on hematology changes.

870.3100

	90-Day oral toxicity - mouse	MRID unknown (referred to in 79-week
study, MRID 44295018)

dose levels:  0, 143, 429, or 1429 (M & F) mg/kg/day	NOAEL = 429
mg/kg/day

LOAEL = 1429 mg/kg/day based on increased liver weight in males.

870.3100

	4-Week oral toxicity - mouse	44307301 (see MRID 44295018 DER#2)

dose levels: 0, 151.5, 419.9 or 1366.5 (M) and 0, 164.5, 481.6 or 1698.3
(F) mg/kg/day 	NOAEL = 151.5 (M), 164.5 (F) mg/kg/day

LOAEL = 419.9 (M), 481.6 (F)  mg/kg/day based on increased absolute &/or
relative liver weights in M & F.

870.3150

	90-Day capsule - dog	42684924

dose levels of  0, 10, 100, or 1000 mg/kg/day	NOAEL = 10 mg/kg/day

LOAEL = 100 mg/kg/day based on dose dependent increase in total
cholesterol, phospholipid & alkaline phosphatase activity.

870.3200

	21-Day dermal toxicity - rat	44295016

dose levels:  1, 100, 300,  or 1000 mg/kg/day	NOAEL = mg/kg/day: 1000
(LIMIT DOSE)

LOAEL = mg/kg/day: >1000 based on no effects.

870.3250

	90-Day dermal toxicity (species)

Study Not Submitted

870.3465

	90-Day inhalation toxicity (species)

Study Not Submitted

870.3700a

	Pre-natal developmental - rat (oral)

	(1)42684930 (pilot study); 42684925 (main study); (2) 42884006

dose levels: 0, 1, 3, 10 and 30 mg/kg/day	Maternal NOAEL = 30 mg/kg/day
(HDT)

LOAEL = >30 mg/kg/day (HDT)

Developmental NOAEL = 3 mg/kg/day

LOAEL = 10 mg/kg/day based on cardiovascular effects (especially
ventricular septal defects).

870.3700a	Pre-natal developmental - rat

(dermal)	42684929 (pilot); 42684926 (main study)

dose levels: 0, 30, 100, and 300 mg/kg/day

Maternal NOAEL = 300 mg/kg/day (HDT)

LOAEL = >300 mg/kg/day (HDT)

Developmental NOAEL = 30 mg/kg/day

LOAEL = 100 mg/kg/day based on cardiovascular effects (especially
ventricular septal defects).

870.3700b

	Pre-natal developmental - rabbit (oral)	42684927 (range-finding);
42684928 (main study)

dose levels:  0, 300, 1000, or 3000 mg/kg/day	Maternal NOAEL = 1000
mg/kg/day

LOAEL = 3000 mg/kg/day (HDT) based on decrease in body weight and food
consumption during dosing

Developmental NOAEL = 3000 mg/kg/day (HDT) LOAEL = >3000 mg/kg/day

870.3800

	Reproduction and fertility effects - rat)	42684934 and 42684936 (pilot
studies); 42684935 (main study)

dose levels:  0, 3.2, 6.3, 12.7, and 18.9 mg/kg/day (M) and 0, 3.8, 7.6,
15. 1, and 22.7 mg/kg/day (F)	Parental/Systemic NOAEL = 12.7 (M), 15.1
(F) mg/kg/day;  LOAEL = 18.9 (M), 22.7 (F) mg/kg/day based on increase
in clinical signs (red substance in vagina) and increased female
mortality as well as decreased body weight, body weight gain and food
consumption.

Reproductive NOAEL = 18.9 (HDT) (M), 22.7 (HDT) (F) mg/kg/day;  LOAEL =
>18.9 (HDT) (M), >22.7 (HDT) (F) mg/kg/day

Offspring NOAEL = 6.3 (M), 7.6 (F) mg/kg/day; LOAEL = 12.7 (M), 15.1 (F)
mg/kg/day based on a decrease in the number of liveborn, a decrease in
pup body weight, a decrease in the mating index, and testicular atrophy
of F1 males.

870.4100b

	12-Month capsule - dog	44295017

dose levels:  0, 10, 100 or 1000 mg/kg/day	NOAEL = 100 mg/kg/day (M & F)

LOAEL = 1000 mg/kg/day (M &F), (LIMIT DOSE) based on the following for
males and females: increased absolute and relative liver weights; 300%
increase in alkaline phosphatase values

870.4100a

	Chronic toxicity (species)	[ ]	NOAEL = [ ] mg/kg/day

LOAEL = [ ] mg/kg/day based on [ ].

870.4200b

	Carcinogenicity - mouse	44295018

dose levels: 0, 31.1, 314.9 or 754.1 mg/kg/day in males and 0, 36.6,
346.4, or 859.1 mg/kg/day in females 	NOAEL = 754.1 (M), 859.1 (F)
mg/kg/day (LIMIT DOSE); LOAEL = no systemic effects at LIMIT DOSE in
males or females

No evidence of carcinogenicity

870.4300

	Combined chronic carcinogenicity - rat	44295028

dose levels: 0, 1.8, 18.0, and 36.5 mg/kg/day in male rats and 0, 2.2,
21.8, and 43.6 mg/kg/day in female rats	NOAEL = 1.8 (M), 2.2 (F)
mg/kg/day

LOAEL = 18.0 (M), 21.8 (F) mg/kg/day based on increased chronic
nephropathy in males and decreased hematological parameters in females
(Hgb, MCV, MCH and MCHC).

No evidence of carcinogenicity

Gene Mutation

870.5100	Gene mutation in S. typhimurium and E. coli	42684938

 μg/plate	Neither cytotoxic nor mutagenic up to 2000 µg/plate.  There
were reproducible increases in revertant colonies of S. typhimurium
strains TA1538 and TA98 in S9 activated phases of the preliminary
cytotoxicity and both mutation assays. [Results are considered to be
equivocal.]

Gene Mutation

870.5375	Gene mutation in chinese hamster ovary cells	42684939

nonactivated levels, 30, 100, 200, and 500 μM (11, 35, 70, and 177
μg/mL, respectively)	Precipitation at (200 µM.  Cytotoxicity at 500
µM.  Positive +S9 (100 µM and negative at 30-500 µM -S9.  Aberrations
were chromatid breaks and exchanges.

870.5395

In vivo rat bone marrow	42684940

dose levels: 1250, 2500, or 5000 mg/kg

Negative in male (up to 5000 mg/kg) and female rats (up to 4400 mg/kg)
when tested orally.

870.5550	UDS assay	42684941

dose levels: by oral gavage to 5000 mg/kg or 12 hours post exposure to
1250 or 2500 mg/kg

Negative up to 5000 mg/kg.

870.6200a

	Acute neurotoxicity screening battery

Data Gap

870.6200b

	Subchronic neurotoxicity screening battery

Data Gap

870.6300

	Developmental neurotoxicity

Not required.

870.7485

	Metabolism and pharmacokinetics - rat (oral)	42684943

single oral dose of 1 mg/kg or 100 mg/kg,	Gastrointestinal tract
absorption >90% at 1 mg/kg and up to 50% at 100 mg/kg.  At least 97%
recovery in feces and urine 7 days after dosing.  Highest levels of
residues (36-49 ppb) in blood cells at low dose and 2800-3000 ppm at
high dose (RBC levels > plasma).  In addition to untransformed parent, 7
metabolites identified in urine and feces (38-46% for low dose and about
71% at high dose).

870.7600	Dermal penetration - rat	42684944

dose levels:  200 or 800 mg/kg bw

	Females dosed with 200 or 800 mg/kg b.w.  Dermal absorption for 200 and
800 mg/kg was 3.9% and 8.0%, respectively, by 48 hours after initiation
of treatment for 6 hours.  Blood levels at 6-24 hours after dermal
dosing with 200 mg/kg were similar to those obtained at 2-6 hours after
oral dosing with 1 mg/kg.  Blood levels at 6-24 hours after dermal
dosing with 800 mg/kg were similar to those obtained at 2-6 hours after
oral dosing with 30 mg/kg.

870.7800	Immunotoxicity

Data Gap

Non-guideline 	Special Study -

Rat Developmental: Critical Time for Defects	42694931, 42684932

single dose:400 mg/kg bw	Pregnant females were administered 400 mg/kg by
gavage on gestation day 11 or 12 or 13 or 14 or 15.  Day 12
administration showed: largest incidence of embryonic death, lowest
fetal body weights and greatest incidence of ventricular septal defects.

A.3	Data Requirements

Guideline Number: 870.6200

Study Title:  Neurotoxicity Battery (Acute and Subchronic Studies)

Rationale for Requiring the Data

This is a new data requirement under 40 CFR Part 158 as a part of the
data requirements for registration of a pesticide (food and non-food
uses).

The Neurotoxicity Screening Battery (OPPTS 870.6200) is designed to
evaluate the potential adverse effects on the nervous system from
exposure to pesticide chemicals.  The Agency believes that the guideline
studies are inadequate in their assessment of behavioral effects and do
not use optimal methods to evaluate the potential toxicity to the
nervous tissue structure and function. To detect and characterize these
potential effects more fully, a battery of more sensitive testing is
required. The objective of this neurotoxicity battery testing is to
evaluate the incidence and severity of the functional and/or behavioral
effects, the level of motor activity, and the histopathology of the
nervous system. The acute neurotoxicity study is required to detect
possible effects resulting from a single exposure. The subchronic
neurotoxicity study is intended to detect possible effects resulting
from repeated or long-term exposures.

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瑹噽»਀a wide range of functional tests for evaluating neurotoxicity
including sensory effects, neuromuscular effects, learning and memory
and histopathology of the nervous system  For example, animal studies
with organophosphorous chemicals  have shown neurotoxicity to be the
primary toxic endpoints (e.g., cholinesterase inhibition) of concerns in
rodents and non-rodents.    These animal studies can be used to select
endpoints and doses for use in risk assessment of all exposure scenarios
and are considered a primary data source for reliable reference dose
calculation. The Agency has established an oral reference dose (RfD) for
assessing dietary risks for a number of chemicals (e.g.,
organophosphates and carbamates) where neurotoxicity was the most
sensitive endpoint of concern.

How could the data impact the Agency's future decision-making?

If the acute or subchronic neurotoxicity studies show that flumioxazin
poses either a greater or a diminished risk than that given in the
interim decision’s conclusion, the risk assessments for flumioxazin
may need to be revised to reflect the magnitude of potential risk
derived from the new data.

If the Agency does not have this data, a 10X database uncertainty factor
may be applied when conducting a risk assessment using the currently
available studies.

 TC \l2 "A.3  Immunotox Data Requirements

Guideline Number: 870.7800

Study Title:  Immunotoxicity

Rationale for Requiring the Data

This is a new data requirement under 40 CFR Part 158 as a part of the
data requirements for registration of a pesticide (food and non-food
uses).

The Immunotoxicity Test Guideline (OPPTS 870.7800) prescribes functional
immunotoxicity testing and is designed to evaluate the potential of a
repeated chemical exposure to produce adverse effects (i.e.,
suppression) on the immune system. Immunosuppression is a deficit in the
ability of the immune system to respond to a challenge of bacterial or
viral infections such as tuberculosis (TB), Severe Acquired Respiratory
Syndrome (SARS), or neoplasia.  Because the immune system is highly
complex, studies assessing functional immunotoxic endpoints are helpful
in fully characterizing a pesticide’s potential immunotoxicity.  These
data will be used in combination with data from hematology, lymphoid
organ weights, and histopathology in routine chronic or subchronic
toxicity studies to characterize potential immunotoxic effects.

Practical Utility of the Data

How will the data be used?

These animal studies can be used to select endpoints and doses for use
in risk assessment of all exposure scenarios and are considered a
primary data source for reliable reference dose calculation. For
example, animal studies have demonstrated that immunotoxicity in rodents
is one of the more sensitive manifestations of TCDD
(2,3,7,8-tetrachlorodibenzo-p-dioxin) among developmental, reproductive,
and endocrinologic toxicities.  Additionally, the EPA has established an
oral reference dose (RfD) for tributyltin oxide (TBTO) based on observed
immunotoxicity in animal studies (IRIS, 1997).

How could the data impact the Agency's future decision-making?

If the immunotoxicity study shows that the test material poses either a
greater or a diminished risk than that given in the interim decision’s
conclusion, the risk assessments for the test material may need to be
revised to reflect the magnitude of potential risk derived from the new
data.

If the Agency does not have this data, a 10X database uncertainty factor
may be applied for conducting a risk assessment from the available
studies.

Appendix B:  Metabolism Assessment

  TC \l1 "Appendix B:  Metabolism Assessment

Not included.

Appendix C:  Review of Human Research

No MRID - PHED Surrogate Exposure Guide

Page   PAGE  2  of   NUMPAGES  64

Page   PAGE  54  of   NUMPAGES  63


[Federal Register: July 14, 2008 (Volume 73, Number 135)]
[Notices]
[Page 40357]
[DOCID:fr14jy08-77]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1770-DR]

Nebraska; 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 declaration
for the State of Nebraska (FEMA-1770-DR), dated June 20, 2008, and
related determinations.

DATES: Effective Date: July 3, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Nebraska is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the catastrophe declared a major disaster by the President in his
declaration of June 20, 2008.

    Custer and Lancaster Counties for Individual Assistance (already
designated for Public Assistance).
    Cherry, Dundy, Greeley, Johnson, Morrill, Nemaha, and Valley
Counties for Public Assistance.

(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
Presidential Declared Disaster Areas; 97.049, Presidential Declared
Disaster Assistance--Disaster Housing Operations for Individuals and
Households; 97.050, Presidential Declared Disaster Assistance to
Individuals and Households--Other Needs; 97.036, Disaster Grants--
Public Assistance (Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-15977 Filed 7-11-08; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register Volume 87, Number 116 (Thursday, June 16, 2022)]
[Notices]
[Pages 36360-36362]
[FR Doc No: 2022-12921]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0406]

Commercial Driver's License Standards: Application for Exemption
Renewal; C.R. England, Inc.

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Notice of exemption renewal; request for comments.

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

SUMMARY: FMCSA announces its decision to provisionally renew a C.R.
England, Inc. (C.R. England) exemption from the regulatory provisions
that require a commercial learner's permit (CLP) holder to be
accompanied by a commercial driver's license (CDL) holder with the
proper CDL class and endorsements seated in the front seat of the
vehicle while the CLP holder performs behind-the-wheel training on
public roads or highways. The exemption allows a CLP holder who has
passed the skills test but not yet received the CDL document to drive a
C.R. England commercial motor vehicle (CMV) accompanied by a CDL holder
who is not necessarily in the passenger seat, provided the driver has
documentation of passing the skills test. The exemption renewal is for
5 years.

DATES: This renewed exemption is effective June 13, 2022 and expires on
June 12, 2027. Comments must be received on or before July 18, 2022.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2014-0406 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
     Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001
between 9 a.m. and 5 p.m. E.T., Monday through Friday, except Federal
holidays.
     Fax:<PHONE_NUMBER>.
    Each submission must include the Agency name and the docket number
for this notice (FMCSA-2014-0406). Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001 between 9 a.m. and 5 p.m., ET, Monday through
Friday, except Federal holidays. To be sure someone is there to help
you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting
Dockets Operations.
    Privacy Act: In accordance with 49 U.S.C. 31315(b)(6), DOT solicits
comments from the public on the exemption renewal request. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Mrs. Bernadette Walker, FMCSA Driver
and Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards;<PHONE_NUMBER>; [email protected]. If you have questions
on viewing or submitting material to the docket, contact Dockets
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2014-0406), indicate the specific section of this
document to which the comment applies and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put
the docket number FMCSA-2014-0406 in the ``Search'' box, and click
``Search.'' When the new screen appears, click on ``Documents'' button,
then click the ``Comment'' button associated with the latest notice
posted. Another screen will appear; insert the required information.
Choose whether you are submitting your comment as an individual, an
organization, or anonymous. Click ``Submit Comment.''
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope. FMCSA will consider all comments
and material received during the comment period.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b)(2) and 49
CFR 381.300(b) to renew an exemption from the Federal Motor Carrier
Safety Regulations for a 5-year period if it finds ``such exemption
would likely achieve a level of safety that is equivalent to, or
greater than, the level that would be achieved absent such exemption.''
C.R. England has requested a five-year extension of the current
exemption in Docket No. FMCSA-2014-0406.

III. Background

Current Regulation(s) Requirements

    FMCSA's CDL regulations provide minimum training conditions for
behind-the-wheel training of a CLP holder in 49 CFR 383.25. Section
383.25(a)(1) requires that a CLP holder at all times be accompanied by
a CDL holder with the proper CDL class and endorsements. The CDL holder
must be seated in the front seat of the vehicle while the CLP holder
performs behind-the-wheel training on public roads or highways.

Application for Renewal of Exemption

    FMCSA published notice of C.R. England's initial application for
exemption from 49 CFR 383.25(a)(1) to this docket on November 28, 2014
[79 FR 70916]. That notice described the nature of C.R. England's
operations. FMCSA published a notice granting C.R. England's exemption
request on June 11, 2015, which was effective through June 12, 2017 [80
FR 33329]. FMCSA found that C.R. England would likely achieve a level
of safety that was equivalent to, or greater than, the level of safety
that would be obtained by complying with the regulation because CLP
holders who have passed the CDL skills test are qualified and eligible
to obtain a CDL. FMCSA published a notice granting C.R. England's
request to renew its exemption to this docket on June 12, 2017 [82 FR
26975]. FMCSA addressed public comments and reaffirmed the renewal on
October 20, 2017 [82 FR 48889]. The renewal expires on June 12, 2022.
    C.R. England has now requested an additional renewal of the
exemption for another 5-year period. A copy of C.R. England's request
has been placed in the docket to this notice.

IV. Equivalent Level of Safety

    FMCSA determined in 2015 and again in 2017 that C.R. England
drivers would likely achieve a level of safety equivalent to, or
greater than, the level of safety achieved without the exemption. FMCSA
noted in its October 20, 2017 notice that CLP holders who have passed
the CDL skills test are qualified and eligible to obtain a CDL. If
those CLP holders obtained their CLPs and training in their State of
domicile, they could immediately receive their CDL at the State driver
licensing agency and begin driving a CMV without any on-board
supervision.
    In its January 21, 2022 application for renewal, C.R. England
states that in the six and a half years that it has operated under the
exemption (from mid-2015 through the end of 2021), 17,249 drivers used
the exemption and traveled over 150 million miles. During that period,
52 injury and no fatal crashes occurred. C.R. England states that its
overall crash rates have declined since 2015, with a 10% reduction in
total crashes and a 38% reduction in injury crashes. C.R. England
believes that, under the exemption, it achieves a level of safety that
is greater than the level of safety obtained by compliance with section
383.25(a)(1), because new drivers may immediately begin using their
skills rather than waiting until they return to their State of domicile
to obtain the permanent CDL.
    FMCSA is unaware of any evidence of a degradation of safety
attributable to the current exemption for C.R. England drivers. There
is no indication of an adverse impact on safety while operating under
the terms and conditions specified in the initial exemption or
exemption renewal.
    FMCSA concludes that provisionally extending the exemption granted
on June 11, 2015 for another five years, under the terms and conditions
listed below, will likely achieve a level of safety that is equivalent
to, or greater than, the level of safety achieved without the
exemption.

V. Exemption Decision

A. Grant of Exemption

    FMCSA provisionally renews the exemption for a period of five years
subject to the terms and conditions of this decision and the absence of
public comments that would cause the Agency to terminate the exemption
under Sec. V.F. below. The exemption from the requirements of 49 CFR
383.25(a)(1), is otherwise effective June 13, 2022 through June 12,
2027, 11:59 p.m. local time, unless renewed or rescinded.

B. Applicability of Exemption

    The exemption excuses C.R. England from the requirement that a
driver accompanying a CLP holder always be physically present in the
front seat of a CMV, on the condition that the CLP holder has
successfully passed an approved CDL skills test.

C. Terms and Conditions

    When operating under this exemption, C.R. England and its drivers
are subject to the following terms and conditions:
    (1) C.R. England and its drivers must comply with all other
applicable Federal Motor Carrier Safety Regulations (49 CFR part 350-
399);
    (2) The drivers must be in possession of a valid State driver's
license, CLP with the required endorsements, and documentation that
they have passed the CDL skills test;
    (3) The drivers must not be subject to any OOS order or suspension
of driving privileges; and
    (4) The drivers must be able to provide this exemption document to
enforcement officials.

D. Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall

enforce any law or regulation that conflicts with or is inconsistent
with this exemption with respect to a firm or person operating under
the exemption. States may, but are not required to, adopt the same
exemption with respect to operations in intrastate commerce.

E. Notification to FMCSA

    C.R. England must notify FMCSA within 5 business days of any
accident (as defined in 49 CFR 390.5) involving any of its CMVs
operating under the terms of this exemption. The notification must
include the following information:
    (a) Name of the exemption: ``C.R. England'';
    (b) Date of the accident;
    (c) City or town, and State, in which the accident occurred, or
closest to the accident scene;
    (d) Driver's name and license number;
    (e) Vehicle number and State license number;
    (f) Number of individuals suffering physical injury;
    (g) Number of fatalities;
    (h) The police-reported cause of the accident;
    (i) Whether the driver was cited for violation of any traffic laws,
motor carrier safety regulations; and
    (j) The driver's total driving time and total on-duty time prior to
the accident.
    Reports filed under this provision shall be emailed to
[email protected]

F. Termination

    FMCSA does not believe the drivers covered by this exemption will
experience any deterioration of their safety record. The exemption will
be rescinded if: (1) C.R. England and drivers operating under the
exemption fail to comply with the terms and conditions of the
exemption; (2) the exemption has resulted in a lower level of safety
than was maintained before it was granted; or (3) continuation of the
exemption would not be consistent with the goals and objects of 49
U.S.C. 31136(e) and 31315.

VI. Request for Comments

    FMCSA requests public comment from all interested persons on C.R.
England's application for a renewal of the exemption. The Agency will
evaluate any adverse evidence submitted and, if safety is being
compromised or if continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA
will take immediate steps to rescind the exemption of the company or
companies and drivers in question.

Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-12921 Filed 6-15-22; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Notices]
[Pages 57446-57448]
[FR Doc No: 2023-18109]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC23-112-000.
    Applicants: Elliott Associates, L.P., Elliott International, L.P.,
The Liverpool Limited Partnership.
    Description: Amendment to August 11, 2023, Joint Application for
Authorization Under Section 203 of the Federal Power Act of Elliott
Associates, L.P., et al.
    Filed Date: 8/15/23.
    Accession Number: 20230815-5177.
    Comment Date: 5 p.m. ET 9/5/23.

    Docket Numbers: EC23-118-000.
    Applicants: Yellow Pine Solar, LLC, Yellow Pine Solar Interconnect,
LLC.

    Description: Errata to August 10, 2023, Joint Application for
Authorization Under Section 203 of the Federal Power Act of Yellow Pine
Solar, LLC, et al.
    Filed Date: 8/14/23.
    Accession Number: 20230814-5285.
    Comment Date: 5 p.m. ET 8/31/23.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG23-259-000.
    Applicants: Wildflower Solar 2 LLC.
    Description: Wildflower Solar 2 LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 8/17/23.
    Accession Number: 20230817-5088.
    Comment Date: 5 p.m. ET 9/7/23.

    Docket Numbers: EG23-260-000.
    Applicants: Wildflower Solar 3 LLC.
    Description: Wildflower Solar 3 LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 8/17/23.
    Accession Number: 20230817-5091.
    Comment Date: 5 p.m. ET 9/7/23.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER18-92-004.
    Applicants: Carroll County Energy LLC.
    Description: Compliance filing: Informational Filing Regarding
Transfer of Ownership to be effective N/A.
    Filed Date: 8/17/23.
    Accession Number: 20230817-5066.
    Comment Date: 5 p.m. ET 9/7/23.

    Docket Numbers: ER23-1372-003.
    Applicants: Gaucho Solar LLC.
    Description: Compliance filing: Informational Filing Pursuant to
Schedule 2 of the PJM OATT & Request for Waiver to be effective N/A.
    Filed Date: 8/17/23.
    Accession Number: 20230817-5123.
    Comment Date: 5 p.m. ET 9/7/23.

    Docket Numbers: ER23-2040-001.
    Applicants: New York Independent System Operator, Inc.
    Description: Tariff Amendment: NYISO Deficiency Response re: DER
and Aggregation Market Rule Changes to be effective 12/31/9998.
    Filed Date: 8/17/23.
    Accession Number: 20230817-5079.
    Comment Date: 5 p.m. ET 9/7/23.

    Docket Numbers: ER23-2391-001.
    Applicants: Public Service Company of New Mexico.
    Description: Tariff Amendment: Supplemental Filing to PNM CAISO
Phase 2 Enhancements to be effective 7/1/2023.
    Filed Date: 8/17/23.
    Accession Number: 20230817-5097.
    Comment Date: 5 p.m. ET 8/28/23.

    Docket Numbers: ER23-2492-001.
    Applicants: Gunvor USA LLC.
    Description: Tariff Amendment: Amendment to 1 to be effective 9/24/
2023.
    Filed Date: 8/17/23.
    Accession Number: 20230817-5110.
    Comment Date: 5 p.m. ET 9/7/23.

    Docket Numbers: ER23-2638-000.
    Applicants: NRG Business Marketing LLC.
    Description: Baseline eTariff Filing: Notice of Succession and
Request for Waiver to be effective 8/16/2023.
    Filed Date: 8/16/23.
    Accession Number: 20230816-5142.
    Comment Date: 5 p.m. ET 9/6/23.

    Docket Numbers: ER23-2639-000.
    Applicants: NRG Business Marketing LLC.
    Description: Compliance filing: Notice of Succession and Request
for Waiver to be effective 8/16/2023.
    Filed Date: 8/16/23.
    Accession Number: 20230816-5145.
    Comment Date: 5 p.m. ET 9/6/23.

    Docket Numbers: ER23-2640-000.
    Applicants: NorthWestern Corporation.
    Description: NorthWestern Corporation submits Average System Cost
Filing for Sales of Electric Power to the Bonneville Power
Administration, FY 2024-2025.
    Filed Date: 8/11/23.
    Accession Number: 20230811-5187.
    Comment Date: 5 p.m. ET 9/1/23.

    Docket Numbers: ER23-2641-000.
    Applicants: NRG Power Marketing LLC.
    Description: Tariff Amendment: Notice of Cancellation and Request
for Waiver to be effective 8/1/2023.
    Filed Date: 8/16/23.
    Accession Number: 20230816-5147.
    Comment Date: 5 p.m. ET 9/6/23.

    Docket Numbers: ER23-2642-000.
    Applicants: NRG Power Marketing LLC.
    Description: Tariff Amendment: Notice of Cancellation and Request
for Waiver to be effective 8/1/2023.
    Filed Date: 8/16/23.
    Accession Number: 20230816-5150.
    Comment Date: 5 p.m. ET 9/6/23.

    Docket Numbers: ER23-2643-000.
    Applicants: Portland General Electric Company.
    Description: Portland General Electric Company submits Average
System Cost Rate Filing for Sales of Electric Power to the Bonneville
Power Administration, FY 2024-2025.
    Filed Date: 8/11/23.
    Accession Number: 20230811-5188.
    Comment Date: 5 p.m. ET 9/1/23.

    Docket Numbers: ER23-2644-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Notice of Cancellation of WMPA,
Service Agreement No. 5666; Queue No. AF1-033 to be effective 10/16/
2023.
    Filed Date: 8/17/23.
    Accession Number: 20230817-5026.
    Comment Date: 5 p.m. ET 9/7/23.

    Docket Numbers: ER23-2645-000.
    Applicants: Public Service Company of New Hampshire.
    Description: Sec.  205(d) Rate Filing: First Amend--Engineering
Design Procurement Agreement--NECEC Transmission LLC to be effective 8/
18/2023.
    Filed Date: 8/17/23.
    Accession Number: 20230817-5029.
    Comment Date: 5 p.m. ET 9/7/23.

    Docket Numbers: ER23-2646-000.
    Applicants: Alabama Power Company, Georgia Power Company,
Mississippi Power Company.
    Description: Sec.  205(d) Rate Filing: Alabama Power Company
submits tariff filing per 35.13(a)(2)(iii: Hecate Energy Cedar Springs
Solar LGIA Filing to be effective 8/7/2023.
    Filed Date: 8/17/23.
    Accession Number: 20230817-5054.
    Comment Date: 5 p.m. ET 9/7/23.

    Docket Numbers: ER23-2647-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, Service
Agreement No. 7042; Queue No. AE1-245 to be effective 7/18/2023.
    Filed Date: 8/17/23.
    Accession Number: 20230817-5100.
    Comment Date: 5 p.m. ET 9/7/23.

    Docket Numbers: ER23-2648-000.
    Applicants: Carroll County Energy LLC.
    Description: Request for Limited Waiver of Carroll County Energy
LLC.
    Filed Date: 8/17/23.
    Accession Number: 20230817-5103.
    Comment Date: 5 p.m. ET 9/7/23.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene, to protest, or to answer a
complaint in any of the above proceedings must file in accordance with
Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211,
385.214, or 385.206) on or before 5:00 p.m. Eastern time on the
specified comment date. Protests may be considered, but intervention is
necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing

requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: August 17, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-18109 Filed 8-22-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 152 (Thursday, August 6, 2020)]
[Notices]
[Pages 47788-47789]
[FR Doc No: 2020-17185]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-471-000]

Texas Eastern Transmission LP; Notice of Schedule for
Environmental Review of the Bailey East Mine Panel 12j Project

    On June 1, 2020, Texas Eastern Transmission LP (Texas Eastern)
filed an application in Docket No. CP20-471-000 requesting a
Certificate of Public Convenience and Necessity pursuant to Section
7(c) of the Natural Gas Act to construct and operate certain natural
gas pipeline facilities. The proposed project, known as the Bailey East
Mine Panel 12J Project (Project), would ensure safe and

efficient operation of existing Texas Eastern pipeline facilities for
the duration of planned longwall mining activities.
    On June 12, 2020, the Federal Energy Regulatory Commission
(Commission or FERC) issued its Notice of Application for the Project.
Among other things, that notice alerted agencies issuing federal
authorizations of the requirement to complete all necessary reviews and
to reach a final decision on a request for a federal authorization
within 90 days of the date of issuance of the Commission staff's
Environmental Assessment (EA) for the Project. This instant notice
identifies the FERC staff's planned schedule for the completion of the
EA for the Project.

Schedule for Environmental Review

Issuance of EA October 19, 2020
90-day Federal Authorization Decision Deadline January 17, 2021

    If a schedule change becomes necessary, additional notice will be
provided so that the relevant agencies are kept informed of the
Project's progress.

Project Description

    Texas Eastern proposes to excavate, elevate, and replace sections
of four natural gas transmission pipelines due to longwall mining
activities in Marshall County, West Virginia. The project would allow
for safe and efficient operation of Texas Eastern's existing pipeline
facilities for the duration of the longwall mining activities planned
by CONSOL Energy Inc. in the area beneath Texas Eastern's pipelines.
The four mainline segments will remain in-service and be elevated using
sandbags and skids for about 2 years until the longwall mining
activities have completed and any potential ground subsidence has
settled.

Background

    On July 13, 2020, the Commission issued a Notice of Intent to
Prepare an Environmental Assessment for the Proposed Bailey East Mine
Panel 12J Project and Request for Comments on Environmental Issues
(NOI). The NOI was sent to affected landowners; federal, state, and
local government agencies; elected officials; environmental and public
interest groups; Native American tribes; other interested parties; and
local libraries and newspapers. In response to the NOI, the Commission
received no comments to date. All substantive comments will be
addressed in the EA.

Additional Information

    In order to receive notification of the issuance of the EA and to
keep track of all formal issuances and submittals in specific dockets,
the Commission offers a free service called eSubscription. This can
reduce the amount of time you spend researching proceedings by
automatically providing you with notification of these filings,
document summaries, and direct links to the documents. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.
    Additional information about the Project is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC website (www.ferc.gov). Using the ``eLibrary'' link, select
``General Search'' from the eLibrary menu, enter the selected date
range and ``Docket Number'' excluding the last three digits (i.e.,
CP20-471), and follow the instructions. For assistance with access to
eLibrary, the helpline can be reached at<PHONE_NUMBER>, TTY (202) 502-
8659, or at<EMAIL_ADDRESS>The eLibrary link on the FERC
website also provides access to the texts of formal documents issued by
the Commission, such as orders, notices, and rule makings.

    Dated: July 31, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-17185 Filed 8-5-20; 8:45 am]
BILLING CODE 6717-01-P