 [Federal Register Volume 76, Number 142 (Monday, July 25, 2011)] [Notices] [Pages 44390-44394] [FR Doc No: 2011-18686]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64918; File No. SR-NYSE-2011-35]

Self-Regulatory Organizations; New York Stock Exchange LLC;

Notice of Filing and Immediate Effectiveness of Proposed Rule Change

Amending NYSE Rule 103 To Reduce the Net Liquid Asset Requirements for

DMM Units

 July 19, 2011.

    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of

1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby

given that, on July 14, 2011, New York Stock Exchange LLC (``NYSE'' or

the ``Exchange'') filed with the Securities and Exchange Commission

(the ``Commission'') the proposed rule change as described in Items I

and II below, which Items have been prepared by the self-regulatory

organization. The Commission is publishing this notice to solicit

comments on the proposed rule change from interested persons.

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    \1\ 15 U.S.C. 78s(b)(1).

    \2\ 15 U.S.C. 78a.

    \3\ 17 CFR 240.19b-4.

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I. Self-Regulatory Organization's Statement of the Terms of Substance

of the Proposed Rule Change

    The Exchange proposes to amend NYSE Rule 103 (``Registration and

Capital Requirements of DMMs and DMM Units'') to reduce the net liquid

asset requirements for DMM units. The text of the proposed rule change

is below. Proposed new language is italicized; proposed deletions are

in [brackets].

* * * * *

Rule 103. Registration and Capital Requirements of DMMs and DMM Units

    (a)--(f) No change

Supplementary Material

    .10-.11 No change

 DMM Capital Requirements

    .20

    (a) Minimum Capital Requirements--No change

    (b) DMM Units--Additional Capital Requirements.

    (i) Each DMM unit subject to Rule 104 must maintain or have

allocated to it minimum net liquid assets equal to:

    (A) [$250,000] $125,000 for each one tenth of one percent (.1%)

of Exchange transaction dollar volume in its registered securities,

exclusive of Exchange Traded Funds, plus $500,000 for each Exchange

Traded Fund; and

    (B) A market risk add-on of [, which shall be calculated as

follows:

    (1) The DMM unit may use an NYSE Regulation-approved value-at-

risk (VaR) model to calculate its market risk add-on. The VaR model

must have a 99%, one-tailed confidence level with price changes

equivalent to a ten business day movement in rates and prices. To

calculate the market risk add-on, the DMM unit multiplies the VaR of

DMM and related positions by the appropriate multiplication factor,

which is set at a minimum of three. The results of quarterly

backtesting determine which of the multiplication factors contained

in Table 1 of this rule a DMM unit must use; or

    (2) For those DMM units not utilizing VaR or whose models have

not been approved by NYSE Regulation, three times] the average of

the prior twenty business days' securities haircuts on its DMM

dealer's positions computed pursuant to Rule 15c3-1(c)(2)(vi),

exclusive of paragraph (N), under the Exchange Act.

    [(ii) A DMM unit may apply to NYSE Regulation for authorization

to use a VaR model to calculate its market risk add-on, in lieu of

calculating the average of the prior twenty business days' capital

requirement for securities haircuts under Exchange Act Rule 15c3-

1(c)(2)(vi), exclusive of paragraph (N). Once a DMM unit has been

granted approval by NYSE Regulation to use a VaR model, it shall

continue to compute its net liquid asset market risk add-on using

VaR, unless a change is approved upon application to the NYSE

Regulation. To apply for authorization to use a VaR model pursuant

to this rule, a DMM unit must submit in writing the following

information to NYSE Regulation with its application:

    (A) A description of the mathematical models to be used to

compute its market risk add-on;

    (B) A description of the requirements as set forth in paragraph

.20(c) of this rule; and

    (C) Any other material NYSE Regulation may request.]

    [(iii)] (ii) Notwithstanding the requirements of Rule 98, the

DMM unit's net liquid assets needed to meet the requirements in this

rule must be dedicated exclusively to DMM dealer activities, and

must not be used for any other purpose without the express written

consent of NYSE Regulation.

    [(c) Definitions and Model Approval Process.--]

    [(i)] (iii) For purposes of this rule, DMM units must define the

term ``Exchange transaction dollar volume'' consistent with the most

recent Statistical Data, calculated and provided by the NYSE on a

monthly basis.

    [(ii) For a DMM unit's VaR model to be approved, it must meet

the following minimum qualitative and quantitative requirements:

    (A) Qualitative Requirements.

    (1) The VaR model used to calculate the market risk add-on for a

position, along with a system of internal risk management controls

to assist the DMM unit in managing the risks associated with its

business activities, must be integrated into the daily internal risk

management system of the DMM unit;

    (2) The VaR model must be reviewed both periodically and

annually by qualified independent member unit personnel or a

qualified third party; and

    (3) For purposes of computing the market risk add-on, the DMM

unit must determine the appropriate multiplication factor as

follows:

    (I) As soon as possible, but no later than three months after

the DMM unit begins using the VaR model to calculate their market

risk add-on, the DMM unit must conduct backtesting of the model by

comparing its actual daily net trading profit or loss with the

corresponding VaR measure generated by the VaR model, using a 99

percent, one-tailed confidence level with price changes equivalent

to a one business day movement in rates and prices, for each of the

past 250 business days, or other period as may be appropriate for

the first year of its use;

    (II) On the last business day of each quarter, the DMM unit must

identify the number of backtesting exceptions of the VaR model, that

is, the number of business days in the past 250 business days, or

other period as may be appropriate for the first year of its use,

for which the actual net trading loss, if any, exceeds the

corresponding VaR measure; and

    (III) The DMM unit must use the multiplication factor indicated

in Table 1 below in determining its market risk add-on until it

obtains the next quarter's backtesting results;

    Table 1--Multiplication Factor Based on the Number of Backtesting

                       Exceptions of the VaR Model

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                                                         Multiplication

                 Number of exceptions                        factor

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4 or fewer............................................              3.00

5.....................................................              3.40

6.....................................................              3.50

7.....................................................              3.65

8.....................................................              3.75

9.....................................................              3.85

10 or more............................................              4.00

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    (4) For purposes of incorporating specific risk into a VaR

model, a DMM unit must demonstrate that it has methodologies in

place to capture liquidity, event, and default risk adequately for

each position. Furthermore, the models used to calculate deductions

for specific risk must:

    (I) Explain the historical price variation in the portfolio;

    (II) Capture concentration (magnitude and changes in

composition);

    (III) Be robust to an adverse environment; and

    (IV) Be validated through backtesting.

    (B) Quantitative Requirements.

    (1) For purposes of determining market risk add-on, the VaR

model must use a 99 percent, one-tailed confidence level with price

changes equivalent to a ten-business day movement in rates and

prices;

    (2) The VaR model must use an effective historical observation

period of at least one year. The DMM unit must consider the effects

of market stress in its construction of the model. Historical data

sets must be updated at least monthly and reassessed whenever market

prices or volatilities change significantly; and

    (3) The VaR model must take into account and incorporate all

significant, identifiable market risk factors applicable to

positions in the accounts of the DMM unit, including:

    (I) Risks arising from the non-linear price characteristics of

derivatives and the sensitivity of the market value of those

positions to changes in the volatility of the derivatives'

underlying rates and prices;

    (II) Empirical correlations with and across risk factors or,

alternatively, risk factors sufficient to cover all the market risk

inherent in the positions in the dealer accounts of the DMM unit;

and

    (III) Specific risk for individual positions.]

    [(d)] (c) Maintaining a Fair and Orderly Market.

    Solely for the purpose of maintaining a fair and orderly market,

NYSE Regulation may, for a period not to exceed 5 business days,

allow a DMM unit to continue to operate despite such DMM unit's non-

compliance with the provisions of the minimum requirements of this

rule.

* * * * *

II. Self-Regulatory Organization's Statement of the Purpose of, and

Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization

included statements concerning the purpose of, and basis for, the

proposed rule change and discussed any comments it received on the

proposed rule change. The text of those statements may be examined at

the places specified in Item IV below. The Exchange has prepared

summaries, set forth in sections A, B, and C below, of the most

significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the

Statutory Basis for, the Proposed Rule Change

1. Purpose

    The Exchange proposes to amend Rule 103.20 to reduce the net liquid

asset requirements for DMM units.\4\ NYSE Rule 103.20 requires each DMM

unit to maintain ``net liquid assets'' (that is, assets readily

convertible to cash) pursuant to a formula that results in total net

liquid assets of all DMM units equal to $250 million, plus a ``market

risk add-on'' equal to three times securities position haircuts

(deductions from market value) calculated under the net capital rules

of the SEC.\5\ The

requirements of Rule 103.20 are in addition to the net capital

requirements applicable to all broker dealers as prescribed in Rule

15c3-1,\6\ promulgated under the Securities Exchange Act of 1934 (the

``Act'').\7\ The purpose of this requirement is to assure that DMM

units maintain sufficient liquidity to carry out their obligations to

maintain an orderly market in their assigned securities in times of

market stress.

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    \4\ Pursuant to NYSE Rule 2(j), a DMM unit is defined as a

member organization or unit within a member organization that has

been approved to act as a DMM unit under Rule 98.

    \5\ Rule 103.20(b)(ii) allows DMM units to use an alternative

market risk add-on calculation equal to three times value-at-risk

(``VaR'') calculated pursuant to Exchange-approved risk models, but

no DMM unit currently uses VaR to compute this requirement.

    \6\ 17 CFR 240.15c3-1.

    \7\ 15 U.S.C. 78a et seq.

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    The structure of the rule was established in July 2006 when the

total requirement applicable to specialists was set at $1 billion. In

February 2008, the amount was reduced to $250 million. In view of the

significant changes since 2008 in the NYSE's market structure, as well

as market-wide regulatory and trading developments and trends, the

Exchange proposes that the DMM units' total net liquid assets

requirement be further reduced to $125 million and that the market risk

add-on be reduced from three times haircuts to one time haircuts. In

addition, the Exchange proposes eliminating the value at risk (``VaR'')

market risk add-on alternative, which is currently not being used by

any DMM firms.

Background

    On July 25, 2006, the SEC approved amendments to NYSE Rule 104 (the

predecessor to the current Rule 103.20)\8\ to revise the capital

requirement applicable to specialist member organizations.\9\ The

amendments restructured the capital requirement for specialist

organizations from an approach based on minimum dollar thresholds for

each specialist stock, irrespective of position size or attendant

market risk, to an approach based on specialist market share that is

measured by total dollar volume traded combined with market stress and

volatility risk analysis.

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    \8\ The capital requirement rule was kept intact but re-numbered

as Rule 103 in connection with the adoption of the rules generally

known as the Exchange's New Market Model. See Securities Exchange

Act Release No. 58845 (October 24, 2008), 74 FR 64379 (October 29,

2008) (SR-NYSE- 2008-46).

    \9\ See Securities Exchange Act Release No. 54205 (July 25,

2006); 71 FR 43260 (July 31, 2006) (SR-NYSE-2005-38) (approving

amendments to NYSE Rules 104 and 123E (``Specialist Combination

Review Policy'') that changed the capital requirements of specialist

organizations). See also NYSE Information Memo 06-56 (August 2,

2006).

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    Pursuant to the 2006 amendments, then NYSE Rule 104.21 required

that each specialist organization maintain minimum net liquid assets

equal to $1 million for each one tenth of one percent (.1%) of the

Exchange transaction dollar volume in its registered securities,

exclusive of Exchange Traded Funds, plus $500,000 for each Exchange

Traded Fund. Under this formula, the total base net liquid assets

requirement for all specialists was fixed at $1 billion (before

application of market risk add-ons). The market risk add-on under Rule

104.21 was an amount equal to three times the average of the prior

twenty business days' securities haircuts on its dealer's positions

computed pursuant to Rule 15c3-1(c)(2)(vi) under the Act, exclusive of

the specialist exemption contained in the rule. The NYSE rule allowed

an alternate method for computing the market risk add-on by using an

Exchange-approved model for valuing the risk in its securities

positions over a 20-day period. In such case, the specialist unit's

market risk add-on was equal to three times VaR.

    The NYSE stated in the 2006 SEC filing that, as a result of ongoing

changes to the structure of the marketplace, it would be assessing

specialist market risks annually to determine the continuing adequacy

of the net liquid asset requirements. In connection with such

assessment, in February 2008, Rule 104.21 was amended to reduce the

total base net liquid assets requirement for all specialists from $1

billion to $250 million.\10\ The Exchange's rationale for this

reduction was based on (i) the specialist's reduced role in the NYSE's

Hybrid Market \11\ resulting in reduced participation and position

levels; and (ii) specialists' performance during recent periods of high

market volatility. Based upon that analysis, the Exchange determined

that the reduced base net liquid assets requirement would be adequate

to support the liquidity needs of the specialist organizations.

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    \10\ See Securities Exchange Act Release No. 57272 (February 5,

2008); 73 FR 8098 (February 12, 2008) (SR-NYSE-2007-101).

    \11\ See Securities Exchange Act Release No. 53539 (March 22,

2006); 71 FR 16353 (March 31, 2006) (SR-NYSE-2004-05) (approving the

proposed rule change to establish the NYSE Hybrid Market). The rule

change created a ``Hybrid Market'' by, among other things,

increasing the availability of automatic executions in its existing

automatic execution facility, NYSE Direct+, and providing a means

for participation in the expanded automated market by its floor

members. The change altered the way NYSE's market operates by

allowing more orders to be executed directly in Direct+, which in

essence moved NYSE from a floor-based auction market with limited

automation order interaction to a more automated market with limited

floor-based auction market availability.

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Proposed Amendment to Rule 103.20

    The Exchange proposes to reduce the total base net liquid assets

requirement for all DMM units by 50% from $250 million to $125 million,

and the market risk add-on from three times securities position

haircuts to one time the haircuts. In addition, the Exchange proposes

eliminating the VaR market risk add-on alternative, which is currently

not being used by any DMM units. Based on an analysis of market

structure changes at NYSE and across the U.S. equities markets

generally, the Exchange believes that the DMM unit market risk has been

sufficiently reduced and that the proposed new liquid assets

requirements will be adequate to support the liquidity needs of DMM

units to perform their obligations to the market during periods of

market stress.

    In particular, the Exchange believes that the proposed changes to

the DMM units' net liquid assets requirements are appropriate given the

many changes to equity trading in the U.S. since February 2008. For

example, the implementation of Regulation NMS in 2007 has resulted in

new exchanges such as BATS Exchange, Inc., BATS Y-Exchange, Inc., and

Direct Edge's EDGA and EDGX joining the market. These new exchanges, as

well as the proliferation of off-exchange trading venues, have captured

trading volume in NYSE-listed securities, which has dramatically

reduced the Exchange's market share.\12\

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    \12\ The Commission noted the extraordinary changes in the

nature of trading in NYSE-listed stocks in its 2010 Concept Release

on equity market structure. See Securities Exchange Act Release No.

61358 (January 14, 2010), 75 FR 3594 (January 21, 2010) (File No.

S7-02-10).

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    In addition, in October 2008, the Exchange adopted the New Market

Model, which made significant market structure changes, including

replacing the specialist category of market participant with DMMs.\13\

Among other changes, DMMs are not subject to the so-called ``negative

obligations'' previously applicable to specialists to refrain from

trading unless reasonably necessary to maintain a fair and orderly

market. DMMs continue to have affirmative obligations to maintain a

fair and orderly market in assigned securities. Moreover, to reflect

the fact that Exchange electronic trading systems execute the vast

majority of trades, the DMM is not agent for a trading ``book,'' but

instead trades proprietarily subject to such obligations. DMMs were

also provided new trading capabilities, including the ability to add

liquidity to the market through new

order and quotation types, and parity to execute against incoming

orders. In addition, NYSE amended Rule 98 to, among other things,

expand DMM units' ability to hedge intra-day and overnight market risk.

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    \13\ See supra note 8.

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    Market-wide changes have also served to dampen volatility and thus

reduce DMM unit risk. These include the implementation of single-stock

volatility circuit breakers and short sale price restrictions. The

single-stock volatility circuit breakers seek to prevent extreme price

movement by pausing trading in a covered security (currently all S&P

500 Index and Russell 1000 Index securities) for five minutes if it

moves more than 10% within a five-minute window.\14\ In addition,

Regulation SHO short sale price restrictions were implemented on

February 28, 2010, which help to reduce downside risk in securities

falling more than 10% from the previous day's close.\15\ The Exchange

also recently filed with the SEC, together with other markets, a plan

pursuant to Rule 608 of Regulation NMS under the Act to address

extraordinary market volatility by adopting market-wide limit up-limit

down requirements that would prevent trades in individual NMS stocks

from occurring outside of specified price bands.\16\ If implemented,

the limit up-limit down plan would help reduce error trades and further

mitigate risk.

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    \14\ See NYSE Rule 80C. The Exchange and other markets recently

filed to extend the single-stock circuit breakers to all other NMS

stocks, See Securities Exchange Act Release No. 64420 (May 6, 2011),

76 FR 27675 (May 12, 2011) (SR-NYSE-2011-21).

    \15\ See Securities Exchange Act Release No. 61595 (February 26,

2010), 75 FR 11232 (March 10, 2010) (File No. S7-08-09; Amendments

to Regulation SHO) and NYSE Rule 440B.

    \16\ See Securities Exchange Act Release No. 64547 (May 25,

2011), 76 FR 31647 (June 1, 2011) (File No. 4-631).

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    A comparison of recent data against the 2007 data that was used to

support the reduction in the net liquid assets test in February 2008,

illustrates the degree to which the developments noted above have

reduced overall DMM risk.

    1. Market fragmentation has reduced the amount of trading on the

NYSE from 48% market share in 2007 to 24% market share in 2010, and

the amount of NYSE dollar value traded declined by half over the

same period. There are 13 competing exchanges trading NYSE-listed

securities and one third of NYSE consolidated volume is traded off-

exchange on over 30 dark pools and over 200 upstairs trading desks.

The net liquid asset requirement should be correlated to the amount

of trading that DMM units transact within the NYSE's market share

and dollar value traded. As NYSE share and dollar volume has

declined, the amount of net liquid assets required to meet the DMM

unit's obligations should similarly decline.

    2. End-of-day DMM/specialist inventory positions on average have

declined 80% from 2007 to present, reducing overnight risk exposure.

DMM unit inventory positions fell from an average of $280 million

during the week of September 10-14, 2007 (the time period used in

the 2008 filing to support the previous reduction) to $57 million

based on the 6-month average in the second half of 2010. Looking at

May 2010, a volatile period, the DMM's average daily inventory was

$78 million, 72% lower than the week of September 10-14, 2007.

    3. DMM units are putting fewer dollars at risk on a given trade,

and less capital is needed to support the resultant positions. The

average dollar value per trade for DMMs declined 70% from $15,000 in

2007 to $4,600 in 2010. This trend partly reflects the decline in

the average NYSE stock price (down 35% from 2007 to 2010), but is

largely the result of the DMM units' increased use of algorithms to

trade in smaller order sizes to reduce risk exposure. Algorithms are

increasingly used by many market participants to trade in retail-

sized increments and, as a result, the average NYSE trade size was

only 357 shares ($9,924) in 2010.

    4. The DMM units increasing use of trading technology and faster

NYSE execution speeds enable DMMs to reduce order exposure time and

better manage the risks of positions held. Faster NYSE executions

speeds and DMM units' use of algorithms allow them to adjust

positions quickly in response to changing market dynamics. NYSE has

also reduced the time needed to incorporate market information into

quotes, thereby allowing for better risk controls mechanisms by

DMMs.

    Based on the foregoing, the Exchange believes that it is

appropriate to require DMM units to maintain base net liquid assets of

$125 million, plus market risk add-ons. As proposed, the individual DMM

unit percentage of this requirement will be fixed monthly based on a

fraction for which the denominator is the total dollar value of all

Exchange traded securities for the 20 trading days preceding the first

day of a calendar month and the numerator is the DMM unit's total

dollar value of securities traded for such period. In addition, the

market risk add-on under Rule 103.20(b)(i)(B)(2), currently amounting

to three times the average of the prior twenty business days securities

haircut on its DMM unit positions computed pursuant to SEA Rule 15c3-

1(2)(v)(1), exclusive of paragraph (N), as proposed would be set at

one-times these haircuts and renumbered 103.20(b)(i)(B). Finally,

because no DMM unit uses the VaR methodology to determine the market

risk add-on, the Exchange proposes to remove this alternative.

    The Exchange notes that FINRA will continue to assess DMM capital

requirements in relationship to the New Market Model and monitor their

capital positions on a daily basis.

    The Exchange will notify DMM units of the implementation date of

this rule change via a Member Education Bulletin.

2. Statutory Basis

    The statutory basis for the proposed rule change is Section 6(b)(5)

of the Exchange Act \17\ which requires, among other things, that the

rules of the Exchange are designed to prevent fraudulent and

manipulative acts and practices, to promote just and equitable

principles of trade, to foster cooperation and coordination with

persons engaged in regulating, clearing, settling, processing

information with respect to, and facilitating transactions in

securities, to remove impediments to perfect the mechanism of a free

and open market and national market system, and in general to protect

investors and the public interest. The Exchange believes that the

proposed rule change will reduce the burden on DMM units to maintain

net liquidity while still ensuring adequate protection of DMM units

during periods of market stress. Each of the DMM units have sources of

funding that will provide necessary liquidity during a period of market

stress and thus, it is no longer necessary for this liquidity to be

maintained as capital, as DMM unit positions and the likelihood of

losses have been reduced dramatically due to changes in the structure

of the market.

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    \17\ 15 U.S.C. 78f(b)(5).

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

    The Exchange does not believe that the proposed rule change will

impose any burden on competition that is not necessary or appropriate

in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed

Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the

proposed rule change.

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

Commission Action

    The Exchange has filed the proposed rule change pursuant to Section

19(b)(3)(A)(iii) of the Act \18\ and Rule 19b-4(f)(6) thereunder.\19\

Because the proposed rule change does not: (i) Significantly affect the

protection of investors or the public interest; (ii) impose any

significant burden on

competition; and (iii) become operative prior to 30 days from the date

on which it was filed, or such shorter time as the Commission may

designate, if consistent with the protection of investors and the

public interest, the proposed rule change has become effective pursuant

to Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6)(iii) thereunder.

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    \18\ 15 U.S.C. 78s(b)(3)(A)(iii).

    \19\ 17 CFR 240.19b-4(f)(6).

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    A proposed rule change filed under Rule 19b-4(f)(6)\20\ normally

does not become operative prior to 30 days after the date of the

filing. However, pursuant to Rule 19b4(f)(6)(iii),\21\ the Commission

may designate a shorter time if such action is consistent with the

protection of investors and the public interest.

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    \20\ 17 CFR 240.19b-4(f)(6).

    \21\ 17 CFR 240.19b-4(f)(6)(iii).

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    At any time within 60 days of the filing of such proposed rule

change, the Commission summarily may temporarily suspend such rule

change if it appears to the Commission that such action is necessary or

appropriate in the public interest, for the protection of investors, or

otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and

arguments concerning the foregoing, including whether the proposed rule

change is consistent with the Act. Comments may be submitted by any of

the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSE-2011-35 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,

Secretary, Securities and Exchange Commission, 100 F Street, NE.,

Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSE-2011-35. This file

number should be included on the subject line if e-mail is used. To

help the Commission process and review your comments more efficiently,

please use only one method. The Commission will post all comments on

the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are

filed with the Commission, and all written communications relating to

the proposed rule change between the Commission and any person, other

than those that may be withheld from the public in accordance with the

provisions of 5 U.S.C. 552, will be available for Web site viewing and

printing in the Commission's Public Reference Section, 100 F Street,

NE., Washington, DC 20549-1090. Copies of the filing will also be

available for inspection and copying at the NYSE's principal office and

on its Internet Web site at http://www.nyse.com. All comments received

will be posted without change; the Commission does not edit personal

identifying information from submissions.

    You should submit only information that you wish to make available

publicly. All submissions should refer to File Number SR-NYSE-2011-35

and should be submitted on or before August 15, 2011.

    For the Commission, by the Division of Trading and Markets,

pursuant to delegated authority.\22\

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    \22\ 17 CFR 200.30-3(a)(12).

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Elizabeth M. Murphy,

Secretary.

[FR Doc. 2011-18686 Filed 7-22-11; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 90 (Thursday, May 9, 2019)]
[Proposed Rules]
[Pages 20320-20321]
[FR Doc No: 2019-09491]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 174 and 180

[EPA-HQ-OPP-2019-0041; FRL-9992-36]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of filing of petitions and request for comment.

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

DATES: Comments must be received on or before June 10, 2019.

ADDRESSES: Submit your comments, identified by the docket
identification (ID) number and the pesticide petition number (PP) of
interest as shown in the body of this document, by one of the following
methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michael Goodis, Registration Division
(7505P), main telephone number:<PHONE_NUMBER>, email address:
<EMAIL_ADDRESS>or Robert McNally, Biopesticides and Pollution
Prevention Division (7511P), main telephone number:<PHONE_NUMBER>,
email address<EMAIL_ADDRESS>The mailing address for each
contact person is: Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001. As part of the mailing address, include the contact person's
name, division, and mail code. The division to contact is listed at the
end of each pesticide petition summary.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed under FOR
FURTHER INFORMATION CONTACT for the division listed at the end of the
pesticide petition summary of interest.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. What action is the Agency taking?

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

A. Notice of Filing--Amended Tolerances for Non-Inerts

    1. PP 8E8718. (EPA-HQ-OPP-2018-0832). The Field Interregional
Research Project Number 4 (IR-4), Rutgers, The State University of New
Jersey, 500

College Road East, Suite 201W, Princeton, New Jersey 08540, proposes
upon establishment of tolerances referenced in this document under
``New Tolerances'' for PP 8E8718, to remove existing tolerances in 40
CFR 180.601 for residues of the fungicide, cyazofamid, 4-chloro-2-
cyano-N,N-dimethyl-5-(4-methylphenyl)-1H-imidazole-1-sulfonamide (CA)
and its metabolite CCIM, 4-chloro-5-(4-methylphenyl)-1H-imidazole-2-
carbonitrile (CA), calculated as the stoichiometric equivalent of
cyazofamid in or on brassica, head and stem, subgroup 5A at 1.2 ppm,
brassica, leafy greens, subgroup 5B at 12.0 ppm, leafy greens subgroup
4A at 10 ppm, and turnip, greens at 12.0 ppm. Contact: RD.
    2. PP 8E8732. (EPA-HQ-OPP-2019-0101). IR-4, Rutgers, The State
University of New Jersey, 500 College Road East, Suite 201W, Princeton,
NJ 08540, proposes upon establishment of tolerances referenced in this
document under ``New Tolerances'' for PP 8E8732, to remove existing
tolerances in 40 CFR 180.700 for residues of the insecticide
afidopyropen, [(3S,4R,4aR,6S,6aS,12R,12aS,12bS)-3-
[(cyclopropylcarbonyl)oxy]-1,3,4,4a,5,6,6a,12,12a,12b-decahydro-6,12-
dihydroxy-4,6a,12b-trimethyl-11-oxo-9-(3-pyridinyl)-2H,11H-naphtho[2,1-
b]pyrano[3,4-e]pyran-4-yl]methyl cyclopropanecarboxylate in or on
vegetable, fruiting, group 8-10 at 0.20 parts per million (ppm).
Contact: RD.
    3. PP 8F8721. EPA-HQ-OPP-2019-0135. Gowan Company, P.O. Box 5569,
Yuma, AZ 85366, requests to amend the tolerance in 40 CFR 180.416 for
residues of the herbicide ethalfluralin in or on potato at 0.01 ppm.
The capillary gas chromatography with mass selective detection (GC/MSD)
is used to measure and evaluate the chemical ethalfluralin. Contact:
RD.

B. New Tolerances for Non-Inerts

    1. PP 8E8718. (EPA-HQ-OPP-2018-0832). The Field IR-4, Rutgers, The
State University of New Jersey, 500 College Road East, Suite 201W,
Princeton, NJ 08540, requests to establish a tolerance in 40 CFR part
180.601 for residues of the fungicide, cyazofamid, 4-chloro-2-cyano-
N,N-dimethyl-5-(4-methylphenyl)-1H-imidazole-1-sulfonamide (CA) and its
metabolite CCIM, 4-chloro-5-(4-methylphenyl)-1H-imidazole-2-
carbonitrile (CA), calculated as the stoichiometric equivalent of
cyazofamid in or on brassica, leafy greens, subgroup 4-16B at 15.0 ppm;
ginseng at 0.2 ppm; kohlrabi at 1.5 ppm; leafy greens subgroup 4-16A at
10.0 ppm; and vegetable, brassica, head and stem, group 5-16 at 1.5
ppm. The analytical method, Liquid Chromatography with tandem Mass
Spectrometry (LC/MS/MS) is used to measure and evaluate cyazofamid.
Contact: RD.
    2. PP 8E8727. (EPA-HQ-OPP-2019-0061). The IR-4, Rutgers, The State
University of New Jersey, 500 College Road East, Suite 201W, Princeton,
NJ 08540, requests to establish a tolerance in 40 CFR part 180.605 for
residues of the herbicide penoxsulam, including its metabolites and
degradates. Compliance with the tolerance level specified is to be
determined by measuring only penoxsulam 2-(2,2-difluoroethoxy)-N-(5,8-
dimethoxy[1,2,4]triazolo[1,5-c] pyrimidin-2-yl)-6-(trifluoromethyl)
benzenesulfonamide, in or on Artichoke, globe at 0.01 ppm. Analytical
method, LC/MS/MS, is used to measure and evaluate penoxsulam residues.
The lowest level of method validation (LLMV) for artichoke, globe is
0.01 ppm for penoxsulam. Contact: RD
    3. PP 8E8728. (EPA-HQ-OPP-2019-0076). Syngenta Crop Protection,
LLC, P.O. Box 18300, Greensboro, NC 27419, requests to establish a
tolerance in 40 CFR part 180 for residues of the fungicide,
difenoconazole, in or on tea at 30 ppm. The Gas chromatography equipped
with a nitrogen-phosphorous detector or liquid chromatography (LC)/mass
spectrometry (MS)/(MS) is used to measure and evaluate the chemical
difenoconazole. Contact: RD.
    4. PP 8E8732. (EPA-HQ-OPP-2019-0101). The IR-4, Rutgers, The State
University of New Jersey, 500 College Road East, Suite 201 W,
Princeton, NJ 08540, requests to establish a tolerance in 40 CFR part
180.700 for residues of the insecticide afidopyropen,
[(3S,4R,4aR,6S,6aS,12R,12aS,12bS)-3-[(cyclopropylcarbonyl)oxy]-
1,3,4,4a,5,6,6a,12,12a,12b-decahydro-6,12-dihydroxy-4,6a,12b-trimethyl-
11-oxo-9-(3-pyridinyl)-2H,11H-naphtho[2,1-b]pyrano[3,4-e]pyran-4-
yl]methyl cyclopropanecarboxylate in or on strawberry at 0.15 ppm and
vegetable, fruiting, group 8-10 at 0.30 ppm. The BASF Method Number
D1103/01 ``Technical Procedure: Determination of Residues of BAS 440I
(Reg. No. 5599022) and its Metabolite M440I007 (Reg. No. 5824749) in
Plant Matrices using LC/MS/MS to measure and evaluate afidopyropen.
Contact: RD.
    5. PP 8F8685. EPA-HQ-OPP-2018-0551. FMC Corporation, 2929 Walnut
Street, Philadelphia, PA 19104, requests to establish a tolerance in 40
CFR part 180 for residues of the fungicide fluindapyr in or on almond,
hulls at 15 ppm; aspirated grain fractions at 60 ppm; cattle, fat at
0.15 ppm; cattle, meat byproducts at 0.6 ppm; field corn, grain at 0.01
ppm; field corn, oil at 0.03 ppm; fruit, small vine-climbing except
fuzzy kiwifruit, crop subgroup 13-07f at 3 ppm; grain, cereal, crop
group 15, except rice and corn at 0.9 ppm; grain, cereal, forage, crop
group 16, except rice, forage at 15 ppm; grain, cereal, hay, crop group
16, except rice, hay at 8 ppm; grain, cereal, stover, crop group 16,
except rice, stover, and sweet corn, stover at 4 ppm grain, cereal,
straw, crop group 16, except rice, straw at 20 ppm; poultry, meat
byproducts at 0.03 ppm; soybean, forage at 15 ppm; soybean, hay at 30
ppm; soybean, hulls at 0.6 ppm; soybean, seed at 0.2 ppm; sweet corn,
K+CWHR at 0.01 ppm; sweet corn, stover at 20 ppm; swine, meat
byproducts at 0.02 ppm; and tree nuts, crop group 14-12 at 0.04 ppm.
The liquid chromatography with mass spectrometry (LC-MS/MS) is used to
measure and evaluate the chemical fluindapyr. Contact: RD.
    6. PP 8F8740. (EPA-HQ-OPP-2019-0092). Taminco US LLC, a subsidiary
of Eastman Chemical Company, Two Windsor Plaza, Suite 400, 7540 Windsor
Drive, Allentown, PA 18195, requests to establish a tolerance in 40 CFR
part 180 for residues of the plant growth regulatory, chlormequat
chloride, in or on barley grain at 5.0 ppm; oat grain at 30 ppm, wheat
and triticale grain at 3 ppm, meat of cattle, goats, hogs and sheep at
0.2 ppm, meat byproducts of cattle, goats, hogs and sheep at 0.5 ppm,
poultry meat at 0.04 ppm, poultry byproducts at 0.1 ppm, eggs at 0.1
ppm and milk at 0.5 ppm. Validated LC-MS/MS methods are available for
enforcement purposes for determination of residues of chlormequat
chloride in plants and animal products. Contact: RD.

    Authority: 21 U.S.C. 346a.

    Dated: April 23, 2019.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Pesticide Programs.
[FR Doc. 2019-09491 Filed 5-8-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 21 (Tuesday, February 1, 2022)]
[Notices]
[Pages 5476-5479]
[FR Doc No: 2022-01989]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2021-0513; FRL-9417-01-OCSPP]

Notice of Receipt of Requests To Voluntarily Cancel Certain
Pesticide Registrations and Amend Registrations To Terminate Certain
Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In accordance with the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests
by the registrants to voluntarily cancel their registrations of certain
products and to amend their product registrations to terminate one or
more uses. EPA intends to grant these requests at the close of the
comment period for this announcement unless the Agency receives
substantive comments within the comment period that would merit its
further review of the requests, or unless the registrants withdraw its
requests. If these requests are granted, any sale, distribution, or use
of products listed in this notice will be permitted after the
registrations have been cancelled and uses terminated, only if such
sale, distribution, or use is consistent with the terms as described in
the final order.

DATES: Comments must be received on or before March 3, 2022.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2021-0513, by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/contacts.html. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at https://www.epa.gov/dockets.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Christopher Green, Registration
Division (7502P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. What action is the Agency taking?

    This notice announces receipt by EPA of requests from registrants
to cancel certain product registrations and terminate certain uses of
product registrations. The affected products and the registrants making
the requests are identified in Tables 1-3 of this unit.
    Unless a request is withdrawn by the registrant or if the Agency
determines that there are substantive comments that warrant further
review of this request, EPA intends to issue an order canceling and
amending the affected registrations.

  Table 1--Product Registrations With Pending Requests for Cancellation
------------------------------------------------------------------------
  Registration No.   Company No.     Product name     Active ingredients
------------------------------------------------------------------------
432-1515...........          432  BES0531...........  Bacillus
                                                       thuringiensis
                                                       subspecies
                                                       israelensis
                                                       Strain BMP 144
                                                       solids, spores
                                                       and insecticidal
                                                       toxins.
524-487............          524  Harness 20G         Acetochlor.
                                   Granular
                                   Herbicide.
524-496............          524  Mon 58430           Acetochlor.
                                   Herbicide.
524-497............          524  Mon 58442           Atrazine;
                                   Herbicide.          Glyphosate-
                                                       isopropylammonium
                                                       & Acetochlor.
1258-1401..........         1258  IWC 2300-G........  Sodium bromide.
2693-70............         2693  Latenac             Cuprous oxide.
                                   Antifouling Red.
2724-688...........         2724  Security BT Dust    Bacillus
                                   Biological          thuringiensis
                                   Insecticide.        subspecies
                                                       kurstaki strain
                                                       SA-12 solides,
                                                       spores, and
                                                       insecticidal
                                                       toxins, ATCC # SD-
                                                       1323.
4822-278...........         4822  Raid Formula 278    Permethrin.
                                   Insect Killer.
5185-448...........         5185  NABR97-E..........  Sodium bromide.
6836-264...........         6836  Dantobrom TBS-2...  2,4-
                                                       Imidazolidinedion
                                                       e, 1-bromo-3-
                                                       chloro-5,5-
                                                       dimethyl-; 1,3-
                                                       Dichloro-5,5-
                                                       dimethylhydantoin
                                                       & 1,3-Dichloro-5-
                                                       ethyl-5-
                                                       methylhydantoin.
6836-281...........         6836  Dantobrom PG        2,4-
                                   Granular.           Imidazolidinedion
                                                       e, 1-bromo-3-
                                                       chloro-5,5-
                                                       dimethyl-; 1,3-
                                                       Dichloro-5,5-
                                                       dimethylhydantoin
                                                       & 1,3-Dichloro-5-
                                                       ethyl-5-
                                                       methylhydantoin.
7946-11............         7946  Mauget Inject-A-    Dicrotophos.
                                   Cide B.
8622-25............         8622  Halobrom..........  2,4-
                                                       Imidazolidinedion
                                                       e, 1-bromo-3-
                                                       chloro-5,5-
                                                       dimethyl-.
8622-28............         8622  Halogene..........  2,4-
                                                       Imidazolidinedion
                                                       e, 1-bromo-3-
                                                       chloro-5,5-
                                                       dimethyl-.
8622-29............         8622  Halogene G........  2,4-
                                                       Imidazolidinedion
                                                       e, 1-bromo-3-
                                                       chloro-5,5-
                                                       dimethyl-.
8622-30............         8622  Halogene T-30.....  2,4-
                                                       Imidazolidinedion
                                                       e, 1-bromo-3-
                                                       chloro-5,5-
                                                       dimethyl-.
8622-41............         8622  Halobrom Mini Slow  2,4-
                                   Dissolving          Imidazolidinedion
                                   Brominating         e, 1-bromo-3-
                                   Tablets for Pool    chloro-5,5-
                                   & Spa.              dimethyl-.
8622-70............         8622  Halobrom BCDMH 96%  2,4-
                                                       Imidazolidinedion
                                                       e, 1-bromo-3-
                                                       chloro-5,5-
                                                       dimethyl-.
8622-73............         8622  Halogene--Tab.....  2,4-
                                                       Imidazolidinedion
                                                       e, 1-bromo-3-
                                                       chloro-5,5-
                                                       dimethyl-.
8622-82............         8622  Halogene 96.......  2,4-
                                                       Imidazolidinedion
                                                       e, 3-bromo-1-
                                                       chloro-5,5-
                                                       dimethyl-.
9688-84............         9688  Chemsico Lawn &     Permethrin.
                                   Garden Insect
                                   Control.
9688-85............         9688  Chemsico Home       Permethrin.
                                   Insect Control C.
9688-120...........         9688  Chemsico            Permethrin &
                                   Concentrate MP.     Myclobutanil.
9688-149...........         9688  Chemsico            Permethrin.
                                   Insecticide
                                   Concentrate 57P.
9688-184...........         9688  Chemsico Fire Ant   Permethrin.
                                   Killer PD.
11678-78...........        11678  Titanium 9.3......  Novaluron.
41750-3............        41750  Awlgrip Awlstar     Cuprous oxide.
                                   Anti-Fouling Gold
                                   Label BP802 White
                                   Lightning.
62719-42...........        62719  Reldan F            Chlorpyrifos-
                                   Insecticidal        methyl.
                                   Chemical.
73049-405..........        73049  BTI Technical       Bacillus
                                   Powder              thuringiensis
                                   Bioinsecticide.     subsp.
                                                       israelensis
                                                       strain EG2215.
74229-1............        74229  Magna Cide D......  Nabam & Sodium
                                                       dimethyldithiocar
                                                       bamate.
80289-16...........        80289  Dipron 10 EC......  Novaluron.
87093-12...........        87093  LN Iron HEDTA.....  Ferric HEDTA.
AR-970005..........         2217  Acme Hi-Dep         2,4-D,
                                   Herbicide.          diethanolamine
                                                       salt & 2,4-D,
                                                       dimethylamine
                                                       salt.
CA-100003..........        66222  Rimon 0.83 EC       Novaluron.
                                   Insecticide.
ID-100005..........        66222  Rimon 0.83 EC.....  Novaluron.
ID-180003..........         5481  Parazone 3SL        Paraquat
                                   Herbicide.          dichloride.
ID-190005..........         5481  Parazone 3SL        Paraquat
                                   Herbicide.          dichloride.

ID-190006..........         5481  Parazone 3SL        Paraquat
                                   Herbicide.          dichloride.
ID-190007..........         5481  Parazone 3SL        Paraquat
                                   Herbicide.          dichloride.
MT-060002..........        66222  Rimon 0.83 EC.....  Novaluron.
OR-180005..........         5481  Parazone 3SL        Paraquat
                                   Herbicide.          dichloride.
OR-160008..........          264  Sivanto 200 SL....  Flupyradifurone.
WA-050016..........        61282  Prozap Zinc         Zinc phosphide
                                   Phosphide Pellets.  (Zn3P2).
WA-120012..........        59639  Valor Herbicide...  Flumioxazin.
WA-180003..........         5481  Parazone 3SL        Paraquat
                                   Herbicide.          dichloride.
WY-060005..........        66222  Rimon 0.83 EC.....  Novaluron.
------------------------------------------------------------------------

                       Table 2--Product Registrations With Pending Requests for Amendment
----------------------------------------------------------------------------------------------------------------
                            Company
    Registration  No.         No.            Product name          Active ingredient      Uses to be terminated
----------------------------------------------------------------------------------------------------------------
10088-55................        10088  Non-Selective Herbicide  Prometon...............  Weed control on
                                        #3.                                               railroad
                                                                                sidings.
10324-81................        10324  Maquat 7.5-M...........  Alkyl* dimethyl benzyl   Cadaver.
                                                                 ammonium chloride
                                                                 *(50%C14, 40%C12,
                                                                 10%C16); 1-
                                                                 Octanaminium, N,N-
                                                                 dimethyl-N-octyl-,
                                                                 chloride; 1-
                                                                 Decanaminium, N-decyl-
                                                                 N,N-dimethyl-,
                                                                 chloride & 1-
                                                                 Decanaminium, N,N-
                                                                 dimethyl-N-octyl-,
                                                                 chloride.
10324-177...............        10324  Maquat 705-M...........  Alkyl* dimethyl benzyl   Cadaver.
                                                                 ammonium chloride
                                                                 *(50%C14, 40%C12,
                                                                 10%C16); 1-
                                                                 Octanaminium, N,N-
                                                                 dimethyl-N-octyl-,
                                                                 chloride; 1-
                                                                 Decanaminium, N-decyl-
                                                                 N,N-dimethyl-,
                                                                 chloride & 1-
                                                                 Decanaminium, N,N-
                                                                 dimethyl-N-octyl-,
                                                                 chloride.
66222-22................        66222  Pramitol 25E...........  Prometon...............  Railroads.
70506-575...............        70506  Thiram 480DP...........  Thiram.................  Turf and golf.
----------------------------------------------------------------------------------------------------------------

    Table 3 of this unit includes the names and addresses of record for
the registrants of the products listed in Table 1 and Table 2 of this
unit, in sequence by EPA company number. This number corresponds to the
first part of the EPA registration numbers of the products listed in
Table 1 and Table 2 of this unit.

Table 3--Registrants Requesting Voluntary Cancellation and/or Amendments
------------------------------------------------------------------------
         EPA company No.                 Company name and address
------------------------------------------------------------------------
264.............................  Bayer CropScience, LP,8622 Agent Name:
                                   Bayer CropScience, LLC, 801
                                   Pennsylvania Avenue, Suite 900,
                                   Washington, DC 20004.
432.............................  Bayer Environmental Science, A
                                   Division of Bayer CropScience, LP,
                                   700 Chesterfield Parkway West,
                                   Chesterfield, MO 63017.
524.............................  Bayer CropScience, LP, 801
                                   Pennsylvania Ave., NW, Suite 900,
                                   Washington, DC 20004.
1258............................  Innovative Water Care, LLC, 1400
                                   Bluegrass Lakes Parkway, Alpharetta,
                                   GA 30004.
2217............................  PBI/Gordon Corporation, 22701 W 68th
                                   Terrace, Shawnee, KS 66226.
2693............................  International Paint, LLC, 6001 Antoine
                                   Drive, Houston, TX 77091.
2724............................  Wellmark International, 1501 E.
                                   Woodfield Road, Suite 200 West,
                                   Schaumburg, IL 60173.
4822............................  S.C. Johnson & Son, Inc., 1525 Howe
                                   Street, Racine, WI 53403.
5185............................  Bio-Lab, Inc., P.O. Box 300002,
                                   Lawrenceville, GA 30049-1002.
5481............................  Amvac Chemical Corporation, 4695
                                   Macarthur Court, Suite 1200, Newport
                                   Beach, CA 92660-1706.
6836............................  Arxada, LLC, 412 Mount Kemble Avenue,
                                   Suite 200S, Morristown, NJ 07960.
7946............................  J.J. Mauget Co., Agent Name: SciReg,
                                   Inc., 12733 Director's Loop,
                                   Woodbridge, VA 22192.
8622............................  ICL-IP America, Inc., 11636 Huntington
                                   Road, Gallipolis Ferry, WV 25515.
9688............................  Chemsico, A Division of United
                                   Industries Corp., One Rider Trail
                                   Plaza Drive, Suite 300, Earth City,
                                   MO 63045-1313.
10088...........................  Athea Laboratories, Inc., P.O. Box
                                   240014, Milwaukee, WI 53224.
10324...........................  Mason Chemical Company, 9075 Centre
                                   Pointe Dr., Suite 400, West Chester,
                                   OH 45069.
11678...........................  Adama Makhteshim Ltd., Agent Name:
                                   Makhteshim-Agan of North America,
                                   Inc., D/B/A Adama, 3120 Highwoods
                                   Blvd., Suite 100, Raleigh, NC 27604.
41750...........................  International Paint, LLC, 6001 Antoine
                                   Drive, Houston, TX 77091.
59639...........................  Valent U.S.A., LLC, 4600 Norris Canyon
                                   Road, P.O. Box 5075, San Ramon, CA
                                   94583.
61282...........................  Hacco, Inc., 620 Lesher Place,
                                   Lansing, MI 48912.
62719...........................  Corteva Agriscience, LLC, 9330
                                   Zionsville Road, Indianapolis, IN
                                   46268.
66222...........................  Makhteshim Agan of North America,
                                   Inc., D/B/A Adama, 3120 Highwoods
                                   Blvd., Suite 100
                                  Raleigh, NC 27604.
70506...........................  UPL NA, Inc., 630 Freedom Business
                                   Center, Suite 402, King of Prussia,
                                   PA 19406.

73049...........................  Valent Biosciences, LLC, 1910
                                   Innovation Way, Suite 100,
                                   Libertyville, IL 60048-6316.
74229...........................  Pro Tech USA, LLC, Agent Name: KRK
                                   Consulting, LLC, 5807 Churchill Way,
                                   Medina, OH 44256.
80289...........................  Isagro S.P.A., D/B/A Isagro USA, Inc.,
                                   Agent Name: Exigent Sciences, LLC,
                                   370 S. Main St., Yuma, AZ 85364.
87093...........................  LNouvel, Inc., 4657 Courtyard Trail,
                                   Plano, TX 75024.
------------------------------------------------------------------------

III. What is the Agency's authority for taking this action?

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a
registrant of a pesticide product may at any time request that any of
its pesticide registrations be canceled or amended to terminate one or
more uses. FIFRA further provides that, before acting on the request,
EPA must publish a notice of receipt of any such request in the Federal
Register.
    Section 6(f)(1)(B) of FIFRA (7 U.S.C. 136d(f)(1)(B)) requires that
before acting on a request for voluntary cancellation, EPA must provide
a 30-day public comment period on the request for voluntary
cancellation or use termination. In addition, FIFRA section 6(f)(1)(C)
(7 U.S.C. 136d(f)(1)(C)) requires that EPA provide a 180-day comment
period on a request for voluntary cancellation or termination of any
minor agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The EPA Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
    The registrants have requested that EPA waive the 180-day comment
period. Accordingly, EPA will provide a 30-day comment period on the
proposed requests.

IV. Procedures for Withdrawal of Requests

    Registrants who choose to withdraw a request for product
cancellation or use termination should submit the withdrawal in writing
to the person listed under FOR FURTHER INFORMATION CONTACT. If the
products have been subject to a previous cancellation action, the
effective date of cancellation and all other provisions of any earlier
cancellation action are controlling.

V. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
action. If the requests for voluntary cancellation and amendments to
terminate uses are granted, the Agency intends to publish the
cancellation order in the Federal Register.
    In any order issued in response to these requests for cancellation
of product registrations and for amendments to terminate uses, EPA
proposes to include the following provisions for the treatment of any
existing stocks of the products listed in Tables 1 and 2 of Unit II.
    For voluntary product cancellations, registrants will be permitted
to sell and distribute existing stocks of voluntarily canceled products
for 1 year after the effective date of the cancellation, which will be
the date of publication of the cancellation order in the Federal
Register. Thereafter, registrants will be prohibited from selling or
distributing the products identified in Table 1 of Unit II, except for
export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper
disposal.
    Once EPA has approved product labels reflecting the requested
amendments to terminate uses, registrants will be permitted to sell or
distribute products under the previously approved labeling for a period
of 18 months after the date of Federal Register publication of the
cancellation order, unless other restrictions have been imposed.
Thereafter, registrants will be prohibited from selling or distributing
the products whose labels include the terminated uses identified in
Table 2 of Unit II, except for export consistent with FIFRA section 17
or for proper disposal.
    Persons other than the registrant may sell, distribute, or use
existing stocks of canceled products and products whose labels include
the terminated uses until supplies are exhausted, provided that such
sale, distribution, or use is consistent with the terms of the
previously approved labeling on, or that accompanied, the canceled
products and terminated uses.
    Authority: 7 U.S.C. 136 et seq.

    Dated: January 21, 2022.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2022-01989 Filed 1-31-22; 8:45 am]
BILLING CODE 6560-50-P