[Federal Register Volume 86, Number 153 (Thursday, August 12, 2021)]
[Notices]
[Page 44353]
[FR Doc No: 2021-17210]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

    Docket Numbers: RP21-980-001.
    Applicants: Whiting Oil and Gas Corporation, Fundare Resources
Operating Company, LLC.
    Description: Supplement to Joint Petition For Temporary Waiver, et
al. of Whiting Oil and Gas Corporation, et al.
    Filed Date: 8/5/21.
    Accession Number: 20210805-5153.
    Comments Due: 5 p.m. ET 8/12/21.

    Docket Numbers: RP21-1018-000.
    Applicants: Florida Gas Transmission Company, LLC.
    Description: Sec.  4(d) Rate Filing: Remove GT&C Section 26
Reservation Surcharge to be effective 9/4/2021.
    Filed Date: 8/4/21.
    Accession Number: 20210804-5014.
    Comments Due: 5 p.m. ET 8/16/21.

    Docket Numbers: RP21-1019-000.
    Applicants: Gulf South Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Remove Expired Agmts eff 8-5-
2021 to be effective 8/5/2021.
    Filed Date: 8/5/21.
    Accession Number: 20210805-5029.
    Comments Due: 5 p.m. ET 8/17/21.

    Docket Numbers: RP21-1020-000.
    Applicants: Alliance Pipeline L.P.
    Description: Sec.  4(d) Rate Filing: Sheet No. 206 Clean Up Filing
to be effective 7/23/2021.
    Filed Date: 8/5/21.
    Accession Number: 20210805-5073.
    Comments Due: 5 p.m. ET 8/17/21.

    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 or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 6, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-17210 Filed 8-11-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)]
[Notices]
[Pages 32728-32731]
[FR Doc No: 2017-14887]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81117; File No. SR-Phlx-2017-53]

Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Nasdaq
Phlx Pricing Schedule, Section IX

July 11, 2017.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on June 29, 2017, NASDAQ PHLX LLC (``Phlx'' or the ``Exchange'')
filed with the Securities and Exchange Commission (the ``Commission'')
the proposed rule change as described in Items I, II, and III below,
which Items have been prepared by the Exchange. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend Nasdaq PHLX Rules, Section IX
(``Proprietary Data Feed Fees'') to make a sample of PHLX Options Trade
Outline (``PHOTO'') Historical Data for the period January 1 through
June 30, 2014, available free of charge; current charges will continue
to be assessed for PHOTO Historical Data for any other period.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqphlx.cchwallstreet.

com/, at the principal office of the Exchange, and at the Commission's
Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to allow the Exchange to
make a sample of PHOTO Historical Data for the period January 1 through
June 30, 2014, available free of charge; current charges will continue
to be assessed for PHOTO Historical Data for any other period. The
proposed change will allow potential customers an opportunity to
inspect the product, and the Exchange expects that the resulting
greater familiarity with the product will lead to greater sales and
wider dissemination of the data.
PHOTO Historical Data
    PHOTO Historical Data provides information about the past activity
of all option series traded on the Exchange for each trading session
conducted during a particular prior calendar month, as selected by the
subscriber.\3\ The data is intended to enhance a purchaser's ability to
analyze option trade and volume data, evaluate historical trends in the
trading activity of a particular option series, and create and test
trading models and analytical strategies. The product provides the
following data:
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release 63351 (November 19,
2010) 75 FR 73140 (November 29, 2010) (SR-Phlx-2010-154).
---------------------------------------------------------------------------

     Aggregate number of buy and sell transactions in the
affected series for each trading session conducted during the specified
calendar month(s);
     Aggregate volume traded electronically on the Exchange in
the affected series for each trading session conducted during the
specified calendar month(s);
     Aggregate number of trades effected on the Exchange to
open a position \4\ for each trading session conducted during the
specified calendar month(s);
---------------------------------------------------------------------------

    \4\ PHOTO Historical Data provides subscribers with the
aggregate number of ``opening purchase transactions'' in the
affected series for each trading session conducted during the
calendar month(s) selected. An opening purchase transaction is an
Exchange options transaction in which the purchaser's intention is
to create or increase a long position in the series of options
involved in such transaction. See Exchange Rule 1000(b)(24). PHOTO
Historical Data will also provide subscribers with the aggregate
number of ``opening writing transactions'' in the affected series
for each trading session conducted during the calendar month(s)
selected. An opening writing transaction is an Exchange options
transaction in which the seller's (writer's) intention is to create
or increase a short position in the series of options involved in
such transaction. See Exchange Rule 1000(b)(25).
---------------------------------------------------------------------------

     Aggregate number of trades effected on the Exchange to
close a position \5\ for each trading session conducted during the
specified calendar month(s);
---------------------------------------------------------------------------

    \5\ PHOTO Historical Data provides subscribers with the
aggregate number of ``closing purchase transactions'' in the
affected series for each trading session conducted during the
calendar month(s) selected. A closing purchase transaction is an
Exchange options transaction in which the purchaser's intention is
to reduce or eliminate a short position in the series of options
involved in such transaction. See Exchange Rule 1000(b)(27). PHOTO
Historical Data will also provide subscribers with the aggregate
number of ``closing sale transactions'' in the affected series for
each trading session conducted during the calendar month(s)
selected. A closing sale transaction is an Exchange options
transaction in which the seller's intention is to reduce or
eliminate a long position in the series of options involved in such
transaction. See Exchange Rule 1000(b)(26).
---------------------------------------------------------------------------

     Origin of the orders involved in trades on the Exchange in
the affected series for each trading session conducted during the
specified calendar month(s), specifically aggregated in the following
categories of participants: customers, broker-dealers, market makers
(including specialists, Registered Options Traders (``ROTs''),
Streaming Quote Traders (``SQTs'') \6\ and Remote Streaming Quote
Traders (``RSQTs'') \7\, and professionals.\8\
---------------------------------------------------------------------------

    \6\ An SQT is an ROT that has received permission from the
Exchange to generate and submit option quotations electronically in
options to which such SQT is assigned. See Exchange Rule
1014(b)(ii)(A).
    \7\ An RSQT is an ROT that is a member or member organization
with no physical trading floor presence that has received permission
from the Exchange to generate and submit option quotations
electronically in options to which such RSQT has been assigned. An
RSQT may only submit such quotations electronically from off the
floor of the Exchange. See Exchange Rule 1014(b)(ii)(B).
    \8\ The term ``professional'' means any person or entity that
(i) is not a broker or dealer in securities, and (ii) places more
than 390 orders in listed options per day on average during a
calendar month for its own beneficial account(s). A professional
will be treated in the same manner as an off-floor broker-dealer for
purposes of Rules 1014(g) (except with respect to all-or-none
orders, which will be treated like customer orders except that
orders submitted pursuant to Rule 1080(n) for the beneficial
account(s) of professionals with an all-or-none designation will be
treated in the same manner as off-floor broker-dealer orders),
1033(e), 1064.02 (except professional orders will be considered
customer orders subject to facilitation), 1080(n) and 1080.07 as
well as Options Floor Procedure Advices B-6 and F-5. Member
organizations must indicate whether orders are for professionals.
See Exchange Rule 1000(b)(14).
---------------------------------------------------------------------------

    PHOTO Historical Data is composed of an End of Day Product and an
Intra-Day Product. The End of Day product provides the aggregate data
described above for the entire trading session. The Intra-Day product
includes periodic, cumulative data for a particular trading session,
updated every ten minutes during the trading day. The fee for the PHOTO
Historical Data End of Day product is $400.00 per calendar month
selected; the fee for the PHOTO Historical Data Intra-Day product is
$750.00 per calendar month selected. Data is available starting in
January 2009.
    The PHOTO Historical Data product is available to any person or
entity that wishes to subscribe to it, whether or not the person or
entity is a member of the Exchange. Data is available for internal use
only.
Proposed Change
    The Exchange proposes to make a sample of PHOTO Historical Data
available for the period January 1 through June 30, 2014, on the Nasdaq
Trader Web site (www.nasdaqtrader.com) or a successor Web site free of
charge as an FTP (File Transfer Protocol) file. The purpose of the
proposed change is to allow potential customers an opportunity to
inspect and test the value of the product in analyzing option trade and
volume data, evaluating historical trends in the trading activity of a
particular option series, and creating and testing trading models and
analytical strategies. The Exchange expects that providing potential
customers an opportunity to become acquainted with the benefits of the
product will lead to greater sales and wider dissemination of PHOTO
Historical Data.
    Any person or entity, including both subscribers and non-
subscribers, will be able to download the FTP file of PHOTO Historical
Data for the period January 1 through June 30, 2014, free of charge.
Fees for other periods of PHOTO Historical Data will remain $400.00 for
the End of Day product and $750.00 for the Intra-Day product.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\9\ in general, and furthers the

objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\10\ in
particular, in that it provides for the equitable allocation of
reasonable dues, fees and other charges among members and issuers and
other persons using any facility, and is not designed to permit unfair
discrimination between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The proposal provides for the equitable allocation of reasonable
dues, fees and other charges among members and issuers and other
persons using any facility because all persons and entities will have
equal access to the sample data, and none will be charged for the
sample product.
    In adopting Regulation NMS,\11\ the Commission granted SROs and
broker-dealers increased authority and flexibility to offer new and
unique market data to the public. It was believed that this authority
would expand the amount of data available to consumers, and also spur
innovation and competition for the provision of market data. The PHOTO
Historical Data product--which provides historical information about
option series traded on the Exchange--is the type of market data
product that the Commission envisioned when it adopted regulation NMS.
The Commission concluded that Regulation NMS--deregulating the market
in proprietary data--would further the Act's goals of facilitating
efficiency and competition:
---------------------------------------------------------------------------

    \11\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496 (June 29, 2005) (``Regulation NMS Adopting
Release'').

    [E]fficiency is promoted when broker-dealers who do not need the
data beyond the prices, sizes, market center identifications of the
NBBO and consolidated last sale information are not required to
receive (and pay for) such data. The Commission also believes that
efficiency is promoted when broker-dealers may choose to receive
(and pay for) additional market data based on their own internal
analysis of the need for such data.\12\
---------------------------------------------------------------------------

    \12\ Id.

    By removing unnecessary regulatory restrictions on the ability of
exchanges to sell their own data, Regulation NMS advanced the goals of
the Act and the principles reflected in its legislative history.
    In NetCoalition v. Securities and Exchange Commission \13\
(``NetCoalition''), the D.C. Circuit upheld the Commission's use of a
market-based approach in evaluating the fairness of market data fees
against a challenge claiming that Congress mandated a cost-based
approach.\14\ As the court emphasized, the Commission ``intended in
Regulation NMS that `market forces, rather than regulatory
requirements' play a role in determining the market data . . . to be
made available to investors and at what cost.'' \15\ ``No one disputes
that competition for order flow is `fierce.' . . . As the SEC
explained, `[i]n the U.S. national market system, buyers and sellers of
securities, and the broker-dealers that act as their order-routing
agents, have a wide range of choices of where to route orders for
execution'; [and] `no exchange can afford to take its market share
percentages for granted' because `no exchange possesses a monopoly,
regulatory or otherwise, in the execution of order flow from broker
dealers'. . . .'' \16\
---------------------------------------------------------------------------

    \13\ NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir. 2010).
    \14\ See NetCoalition, at 534--535.
    \15\ Id. at 537.
    \16\ Id. at 539 (quoting Securities Exchange Act Release No.
59039 (December 2, 2008), 73 FR 74770, 74782-83 (December 9, 2008)
(SR-NYSEArca-2006-21)).
---------------------------------------------------------------------------

    Data products such as PHOTO Historical Data are a means by which
exchanges compete to attract order flow. To the extent that exchanges
are successful in such competition, they earn trading revenues and also
enhance the value of their data products by increasing the amount of
data they provide. The need to compete for order flow places
substantial pressure upon exchanges to keep their fees for both
executions and data reasonable.\17\ The very existence of a proposal to
provide PHOTO Historical Data free of charge to generate potential
customer interest is itself evidence of a competitive market.
---------------------------------------------------------------------------

    \17\ See Sec. Indus. Fin. Mkts. Ass'n (SIFMA), Initial Decision
Release No. 1015, 2016 SEC LEXIS 2278 (ALJ June 1, 2016) (finding
the existence of vigorous competition with respect to non-core
market data).
---------------------------------------------------------------------------

    The proposed changes are consistent with Section 6(b)(5) of the Act
because the free sample of historical data will encourage additional
customers to purchase the product, thereby increasing the availability
of market information to the investing public. The proposed changes
would not permit unfair discrimination because all persons and entities
will have access to the data for free.
    There will be no charge for the sample PHOTO Historical Data;
persons and firms will be free to choose whether or not to download the
data. Fees for PHOTO Historical Data not included in the free sample
are optional in that they apply only to firms that elect to purchase
the product, which, like all proprietary data products, they may cancel
at any time.

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 not necessary or appropriate in
furtherance of the purposes of the Act. Indeed, the Exchange believes
that offering certain PHOTO Historical Data free of charge will enhance
competition by encouraging sales, which will make analytical data more
readily available to investors.
    The market for data products is extremely competitive and firms may
freely choose alternative venues and data vendors based on the
aggregate fees assessed, the data offered, and the value provided.
Numerous exchanges compete with each other for listings, trades, and
market data itself, providing virtually limitless opportunities for
entrepreneurs who wish to produce and distribute their own market data.
Transaction execution and proprietary data products are complementary
in that market data is both an input and a byproduct of the execution
service. In fact, market data and trade execution are a paradigmatic
example of joint products with joint costs. The decision whether and on
which platform to post an order will depend on the attributes of the
platform where the order can be posted, including the execution fees,
data quality and price, and distribution of its data products. Without
trade executions, exchange data products cannot exist. Moreover, data
products are valuable to many end users only insofar as they provide
information that end users expect will assist them or their customers
in making trading decisions.
    The costs of producing market data include not only the costs of
the data distribution infrastructure, but also the costs of designing,
maintaining, and operating the exchange's transaction execution
platform and the cost of regulating the exchange to ensure its fair
operation and maintain investor confidence. The total return that a
trading platform earns reflects the revenues it receives from both
products and the joint costs it incurs. Moreover, the operation of the
exchange is characterized by high fixed costs and low marginal costs.
This cost structure is common in content distribution industries such
as software, where developing new software typically requires a large
initial investment (and continuing large investments to upgrade the
software), but once the software is developed, the incremental cost of
providing that software to an additional user is typically small, or
even zero

(e.g., if the software can be downloaded over the internet after being
purchased).\18\ In the case of any exchange, it is costly to build and
maintain a trading platform, but the incremental cost of trading each
additional share on an existing platform, or distributing an additional
instance of data, is very low. Market information and executions are
each produced jointly (in the sense that the activities of trading and
placing orders are the source of the information that is distributed)
and are each subject to significant scale economies.
---------------------------------------------------------------------------

    \18\ See William J. Baumol and Daniel G. Swanson, ``The New
Economy and Ubiquitous Competitive Price Discrimination: Identifying
Defensible Criteria of Market Power,'' Antitrust Law Journal, Vol.
70, No. 3 (2003).
---------------------------------------------------------------------------

    Competition among trading platforms can be expected to constrain
the aggregate return each platform earns from the sale of its joint
products. The level of competition and contestability in the market is
evident in the numerous alternative venues that compete for order flow,
including SRO markets, as well as internalizing BDs and various forms
of alternative trading systems (``ATSs''), including dark pools and
electronic communication networks (``ECNs''). Each SRO market competes
to produce transaction reports via trade executions. It is common for
BDs to further and exploit this competition by sending their order flow
and transaction reports to multiple markets, rather than providing them
all to a single market. Competitive markets for order flow, executions,
and transaction reports provide pricing discipline for the inputs of
proprietary data products. The large number of SROs, TRFs, BDs, and
ATSs that currently produce proprietary data or are currently capable
of producing it provides further pricing discipline for proprietary
data products. Each SRO, TRF, ATS, and BD is currently permitted to
produce proprietary data products, and many currently do or have
announced plans to do so, including Nasdaq, NYSE, NYSE MKT, NYSE Arca,
and the BATS exchanges. As noted above, the very fact that the Exchange
is proposing to provide a sample of PHOTO Historical Data free of
charge to generate potential customer interest is itself evidence of a
competitive market.
    In this competitive environment, an ``excessive'' price for one
product will have to be reflected in lower prices for other products
sold by the Exchange, or otherwise the Exchange may experience a loss
in sales that may adversely affect its profitability. In this case, the
proposed rule change enhances competition by lowering the price of the
product through distribution of free samples. As such, the Exchange
believes that the proposed changes will enhance, and not impair,
competition in the financial markets.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\19\
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2017-53 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2017-53. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2017-53, and should be
submitted on or before August 7, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2017-14887 Filed 7-14-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: April 12, 2006 (Volume 71, Number 70)]
[Notices]
[Page 18742-18744]
[DOCID:fr12ap06-59]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0181; FRL-7773-6]

Notice of Filing of Pesticide Petitions for Establishment or
Amendment to Regulations for Residues of Pesticide Chemicals in or on
Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the initial filing of pesticide
petitions proposing the establishment or amendment of regulations for
residues of pesticide chemicals in or on various commodities.

DATES: Comments must be received on or before May 12, 2006.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0181 and pesticide petition numbers (PPs)
5E6965, 5E6966, and 5E6967, by one of the following methods:
     http://www.regulations.gov. Follow the on-line

instructions for submitting comments.
     Mail: Public Information and Records Integrity Branch
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
     Hand Delivery: Public Information and Records Integrity
Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, Rm. 119, Crystal Mall 2, 1801
S. Bell St., Arlington, VA, Attention: Docket ID number EPA-HQ-OPP-
2006-0181. The Docket Facility is open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Docket Facility is<PHONE_NUMBER>. Such deliveries are only accepted
during the Docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0181. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
at http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be captured automatically and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.

     Docket: All documents in the docket are listed in the
regulations.gov index. Although listed in the index, some information
is not publicly available, e.g., CBI or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
at http://www.regulations.gov or in hard copy at the Public Information

and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
2, 1801 S. Bell St., Arlington, VA. The Docket Facility is
open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The telephone number for Docket Facility is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Shaja R. Brothers, Registration
Division (7505C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460,
telephone number<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).

     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

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

     1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
     2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. What Action is the Agency Taking?

    EPA is printing a summary of each pesticide petition received under
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a, proposing the establishment or amendment of regulations in
40 CFR part 180 for residues of pesticide chemicals in or on various
food commodities. EPA has determined that these pesticide petitions
contain data or information regarding the elements set forth in FFDCA
section 408(d)(2); however, EPA has not fully evaluated the sufficiency
of the submitted data at this time or whether the data support granting
of these pesticide petitions. Additional data may be needed before EPA
rules on these pesticide petitions.
    Pursuant to 40 CFR 180.7(f), a summary of each petition included in
this notice, prepared by the petitioner along with a description of the
analytical method available for the detection and measurement of the
pesticide chemical residues is available on EPA's Electronic Docket at
http://www.regulations.gov. To locate this information on the home page

of EPA's Electronic Docket, select ``Quick Search'' and type the OPP
docket ID number. Once the search has located the docket, clicking on
the ``Docket ID'' will bring up a list of all documents in the docket
for the pesticide including the petition summary.

New Tolerance

    (PPs) 5E6965, 5E6966, 5E6967. Interregional Project Number 4, 681
Highway 1 South, North Brunswick, NJ 08902-3390, proposes to establish
tolerances for residues of the insecticide diflubenzuron, (N-[[(4-
chlorophenyl)amino]carbonyl]-2,6-difluorobenzamide) and metabolites
convertible to p-chloroaniline expressed as diflubenzuron in or on the
following food commodities:
     1. (PP) 5E6965 proposes to establish tolerances for barley, grain;
oat, grain; and wheat, grain at 0.06 parts per million (ppm); barley,
forage; oat, forage; and wheat, forage at 5.0 ppm; barley, hay; oat,
hay; and wheat, hay at 2.0 ppm; barley, straw; oat, straw; and wheat,
straw at 2.0 ppm; barley, aspirated barley fractions; oat, aspirated
oat fractions, and wheat, aspirated wheat fractions at 3.0 ppm; and
pummelo at 0.5 ppm.
     2. (PP) 5E6966 proposes to establish tolerances for brassica,
leafy greens subgroup 5B; turnip at 8.0 ppm; eggplant at 1.0 ppm; and
okra at 1.0 ppm.
    3. (PP) 5E6967 proposes to establish a tolerance for peanut at 0.2
ppm.
    A practical analytical method for detecting and quantifying levels
of diflubenzuron in or on food with a limit of detection that allows
monitoring of the residue at or above the level set in the tolerance
was used to determine residues in wheat and barley commodities.
    Residues of the individual analytes are detectable and quantifiable
using three separate analytical methods. Residues of diflubenzuron are
extracted from wheat and barley with dichloromethane and are purified
with deactivated florisil. An aliquot of the extract is hydrolyzed with
phosphoric acid and the diflubenzuron is partitioned into hexane. The
resulting extract is derivatized in heptafluorobutyric anhydride
(HFBA). Quantification of diflubenzuron is accompanied by gas
chromatography using electron capture detection.
    The analytical method for quantitation of the 4-chlorophenylurea
requires ethyl acetate extraction of the residue from the crop matrix.
Column chromatography is utilized for clean-up of the extract
immediately prior to derivitiation with HFBA. Derivatized extracts are
analyzed by gas chromatography equipped with an electron capture
detector.
    Analysis for the determination of PCA residues in wheat and barley
matrices utilizes an internal standard method. Samples of matrix to be
analyzed are fortified with an internal standard. Residues of 14C-PCA
and the internal standard are subjected to acid and base hydrolysis.
The final extract is passed through a florisil column for clean-up and
derivatized with HFBA in hexane. An aliquot of the derivatized extract
is analyzed by gas chromatography equipped with Mass Spectrometry
detection. Recovery of PCA is determined from the combined peak areas
for the two mass spectral ions obtained from the derivatized PCA
relative to the response factor derived from the combined areas of the
corresponding two mass spectral ions of the internal standard.

List of Subjects

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

    Dated: April 3, 2006
Meredith F. Laws,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. E6-5392 Filed 4-11-06; 8:45 am]

BILLING CODE 6560-50-S