[Federal Register Volume 80, Number 224 (Friday, November 20, 2015)]
[Rules and Regulations]
[Pages 72593-72599]
[FR Doc No: 2015-28491]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2014-0194; FRL-9935-01]

Amitraz, Carfentrazone-ethyl, Ethephon, Malathion, Mancozeb, et
al.; Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is revoking certain tolerances for the fungicides
spiroxamine and triflumizole, the herbicides carfentrazone-ethyl and
quizalofop ethyl; the insecticides amitraz, oxamyl, propetamphos, and
spinosad; the plant growth regulators ethephon and mepiquat; and the
tolerance on rice straw for multiple active ingredients. Also, EPA is
modifying certain tolerances for the fungicides mancozeb, thiram, and
triflumizole. In addition, EPA is establishing new tolerances for the
fungicide mancozeb. Also, in accordance with current Agency practice,
EPA is making minor revisions to the tolerance expressions for mepiquat
and thiram. In addition, EPA is restoring the listings of tolerances on
bulb onion and pear for methomyl residues to remedy inadvertent
drafting errors and cover existing registrations. EPA is deferring a
decision on the malathion tolerances at this time.

DATES: This regulation is effective May 18, 2016, except for the
amendments to 40 CFR 180.253 (the restorations of the bulb onion and
pear tolerances for methomyl), which are effective November 20, 2015.
Objections and requests for hearings must be received on or before
January 19, 2016, and must be filed in accordance with the instructions
provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY
INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2014-0194, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review

the visitor instructions and additional information about the docket
available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Joseph Nevola, Pesticide Re-Evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
<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.
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).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under the Federal Food, Drug, and Cosmetic Act (FFDCA) section
408(g), 21 U.S.C. 346a, any person may file an objection to any aspect
of this regulation and may also request a hearing on those objections.
You must file your objection or request a hearing on this regulation in
accordance with the instructions provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-
2014-0194 in the subject line on the first page of your submission. All
objections and requests for a hearing must be in writing, and must be
received by the Hearing Clerk on or before January 19, 2016. Addresses
for mail and hand delivery of objections and hearing requests are
provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2014-0194, 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 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.

II. Background

A. What action is the agency taking?

    In the Federal Register of July 11, 2014 (79 FR 40043) (FRL-9910-
45), EPA issued a proposed rule, in follow-up to canceled uses, to
revoke specific tolerances for amitraz, carfentrazone-ethyl, ethephon,
mepiquat, oxamyl, propetamphos, quizalofop ethyl, spinosad,
spiroxamine, and triflumizole. Also, because rice straw is no longer
considered by the Agency to be a significant feed item, EPA proposed to
revoke the tolerance on rice straw for multiple active ingredients. In
follow-up to reregistration, EPA proposed to modify tolerances for
malathion and mancozeb, and also establish tolerances for mancozeb, and
post-reregistration follow-up to modify specific tolerances for thiram
and triflumizole. In addition, the Agency proposed minor revisions to
the tolerance expressions for malathion, mepiquat, and thiram. The
proposal provided a 60-day comment period.
    Since the proposed rule, in the Federal Register of March 27, 2015
(80 FR 16302) (FRL-9924-86), the Agency published a final rule that
removed the expiration/revocation date for the thiram tolerance in 40
CFR 180.132 on banana at 0.80 parts per million (ppm) for thiram
residues. Also, in the Federal Register of June 19, 2015 (80 FR 35249)
(FRL-9928-82), the Agency published a final rule that established a
thiram tolerance in 40 CFR 180.132 on avocado at 15 ppm for thiram
residues.
    EPA is finalizing specific mancozeb tolerance actions in order to
implement the tolerance recommendations made during the reregistration
and tolerance reassessment processes (including follow-up on canceled
or additional uses of pesticides). As part of these processes, EPA is
required to determine whether each of the amended tolerances meets the
safety standard of FFDCA. The safety finding determination of
``reasonable certainty of no harm'' is discussed in detail in each
Reregistration Eligibility Decision (RED) and Report on FQPA Tolerance
Reassessment Progress and Interim Risk Management Decision (TRED) for
the active ingredient. REDs and TREDs recommend the implementation of
certain tolerance actions, including modifications, to reflect current
use patterns, to meet safety findings and change commodity names and
groupings in accordance with new EPA policy. Printed copies of many
REDs and TREDs may be obtained from EPA's National Service Center for
Environmental Publications (EPA/NSCEP), P.O. Box 42419, Cincinnati, OH
45242-2419; telephone number:<PHONE_NUMBER>; fax number: (513) 489-
8695; Internet at http://www.epa.gov/ncepihom and from the National
Technical Information Service (NTIS), 5285 Port Royal Rd., Springfield,
VA 22161; telephone number:<PHONE_NUMBER> or<PHONE_NUMBER>; Internet
at http://www.ntis.gov. Electronic copies of REDs and TREDs are
available on the Internet at http://www.regulations.gov and http://www.epa.gov/pesticides/reregistration/status.htm.
    In this final rule, EPA is revoking certain tolerances and/or
tolerance exemptions because either they are no longer needed or are
associated with food uses that are no longer registered under the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) in the
United States. Those instances where registrations were canceled were
because the registrant failed to pay the required maintenance fee and/
or the registrant voluntarily requested cancellation of one or more
registered uses of the pesticide active ingredient. The tolerances
revoked by this final rule are no longer necessary to cover residues of
the relevant pesticides in or on domestically treated commodities or
commodities treated outside but imported into the United States. It is
EPA's general practice to issue a final rule revoking those tolerances
and tolerance exemptions for residues of

pesticide active ingredients on crop uses for which there are no active
registrations under FIFRA, unless any person in comments on the
proposal indicates a need for the tolerance or tolerance exemption to
cover residues in or on imported commodities or legally treated
domestic commodities.
    EPA has historically been concerned that retention of tolerances
that are not necessary to cover residues in or on legally treated foods
may encourage misuse of pesticides within the United States.
    Generally, EPA will proceed with the revocation of these tolerances
on the grounds discussed in Unit II.A. if one of the following
conditions applies:
    1. Prior to EPA's issuance of a FFDCA section 408(f) order
requesting additional data or issuance of a FFDCA section 408(d) or (e)
order revoking the tolerances on other grounds, commenters retract the
comment identifying a need for the tolerance to be retained.
    2. EPA independently verifies that the tolerance is no longer
needed.
    3. The tolerance is not supported by data that demonstrate that the
tolerance meets the requirements under the Food Quality Protection Act
(FQPA).
    This final rule does not revoke those tolerances for which EPA
received comments stating a need for the tolerance to be retained.
Among the comments received by EPA, are the following:
    1. General--i. Comment by private citizen. An anonymous comment was
received which expressed concerns about the toxicity of pesticides in
general.
    Agency response. The commenter did not take issue with the Agency's
specific conclusions to revoke, modify, establish tolerances, or revise
tolerance expressions. Also, the commenter did not refer to any
specific studies which pertain to those conclusions. The Agency has not
changed its previous determination that the tolerances in question are
safe and is therefore not making any changes in response to these
comments.
    2. Specific chemical comments--i. Oxamyl-Comment by DuPont Crop
Protection. The commenter requested that the soybean seed tolerance for
oxamyl be retained for possible future actions. DuPont noted that since
the soybean use was deleted from oxamyl labels in 2006 via EPA's
approval of its request for voluntary cancellation, growers have
experienced an increasing need for management of soybean cyst nematode.
    Agency response. The use of oxamyl on soybean was officially
canceled under section 6(f)(1) of FIFRA, 7 U.S.C. 136d(f)(1), under
which a registrant of a pesticide product may request that the product
registration be canceled or amended to terminate one or more uses.
Because EPA canceled the soybean use in response to DuPont's request,
and no other oxamyl products include a use on soybeans, there is
currently no legal use of oxamyl on soybeans. EPA will not retain the
tolerance based on the possibility that someone may apply for a new use
on soybean in the future. Tolerances are generally maintained for
current uses. Therefore, EPA is revoking the tolerance for oxamyl in 40
CFR 180.303(a) on soybean, seed.
    EPA is considering the public comments received on malathion in
response to the proposed rule of July 11, 2014 and is thus deferring a
decision on the malathion tolerances at this time. The Agency will
respond to the comments in a future notice to be published in the
Federal Register.
    With the exception of malathion and oxamyl, the Agency did not
receive any specific comments in the docket, during the 60-day comment
period, concerning proposed tolerance actions associated with pesticide
active ingredients, as described in the Federal Register of July 11,
2014. Therefore, the exceptions of malathion, EPA is finalizing
amendments in the proposed rule of July 11, 2014. Also, EPA is
maintaining both the establishment of the thiram tolerance on avocado
(now in newly codified 40 CFR 180.132(a)(1) for thiram residues), and
the removal of the expiration/revocation date on the thiram tolerance
on banana (now in newly codified 40 CFR.180.132(a)(2) for carbon
disulfide residues). In addition, EPA is finalizing the amendments in
the proposed rule of July 11, 2014 for thiram tolerances on apple,
banana, peach, and strawberry (now in newly codified 40 CFR
180.132(a)(2) for carbon disulfide residues). For a detailed discussion
of the Agency's rationale for the finalized tolerance actions, refer to
the proposed rule of July 11, 2014.
    In this final rule EPA is also making corrections to two unrelated
provisions. In the Federal Register of May 9, 2012 (77 FR 27164) (FRL-
9345-2), EPA issued a proposed rule covering multiple pesticide active
ingredients, including methomyl. In that rule, in order to conform to
current Agency practice, EPA proposed to revise the tolerance commodity
terminology, in 40 CFR 180.253 for methomyl, for vegetable, root (an
outdated term) at 0.2(N) ppm to vegetable, root and tuber, group 1 at
0.2 ppm. Also, EPA proposed to make minor revisions to the tolerance
expressions for methomyl in 40 CFR 180.253(a) and (c). In follow-up,
EPA promulgated a final rule in the Federal Register of September 26,
2012 (77 FR 59120) (FRL-9358-8) with an effective date of March 25,
2013. However, the outdated tolerance term ``vegetable, root'' had
covered the use on bulb onions. Therefore, the terminology revision by
EPA inadvertently removed a tolerance which covered methomyl residues
in or on bulb onions. Also, while EPA revised the methomyl tolerance
expressions in 180.253(a) and (c), EPA inadvertently removed the table
under paragraph (c), which contained an entry for a regional tolerance
on pear at 4 ppm. Yet, active registrations for use of methomyl on bulb
onions and pears existed at that time and now. Consequently, in this
final rule, EPA is restoring coverage for methomyl residues on the bulb
onion commodity as an individual tolerance in 40 CFR 180.253(a) for
onion, dry bulb at 0.2 ppm and in 40 CFR 180.253(c) on pear at 4 ppm.
    EPA is issuing these tolerance actions for methomyl in this final
rule for this purpose without notice and opportunity to comment.
Section 553(b)(3)(B) of the Administrative Procedure Act provides that
notice and comment is not necessary ``when the agency for good cause
finds (and incorporates the finding and a brief statement of reasons
therefore in the rules issued) that notice and public procedure thereon
are impracticable, unnecessary, or contrary to the public interest.''
EPA finds good cause here because restoring the listings of tolerance
coverages on bulb onion and pear for methomyl residues merely corrects
two inadvertent drafting errors. As such, notice and comment is
unnecessary.

B. What is the agency's authority for taking this action?

    EPA may issue a regulation establishing, modifying, or revoking a
tolerance under FFDCA section 408(e). In this final rule, EPA is
establishing, modifying, and revoking tolerances to implement the
tolerance recommendations made in the RED for mancozeb during the
reregistration and tolerance reassessment processes, and as follow-up
on canceled uses of pesticides.

C. When do these actions become effective?

    As stated in the DATES section, this regulation is effective May
18, 2016, except for the restorations of the bulb onion and pear
tolerances for methomyl, which are effective November 20, 2015. With
the exception of methomyl, for which EPA is restoring tolerances

inadvertently removed, EPA is delaying the effective date of these
finalized actions to allow a reasonable interval for producers in
exporting members of the World Trade Organization's Sanitary and
Phytosanitary Measures Agreement to adapt to the requirements of a
final rule. EPA believes that existing stocks of the canceled or
amended pesticide products labeled for the uses associated with the
revoked tolerances have been completely exhausted and that treated
commodities have had sufficient time for passage through the channels
of trade.
    Any commodities listed in the regulatory text of this document that
are treated with the pesticides subject to this final rule, and that
are in the channels of trade following the tolerance revocations, shall
be subject to FFDCA section 408(1)(5), as established by FQPA. Under
this unit, any residues of these pesticides in or on such food shall
not render the food adulterated so long as it is shown to the
satisfaction of the Food and Drug Administration that:
    1. The residue is present as the result of an application or use of
the pesticide at a time and in a manner that was lawful under FIFRA.
    2. The residue does not exceed the level that was authorized at the
time of the application or use to be present on the food under a
tolerance or exemption from tolerance. Evidence to show that food was
lawfully treated may include records that verify the dates that the
pesticide was applied to such food.

III. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established a MRL for carfentrazone-ethyl,
mepiquat, propetamphos, quizalofop ethyl, spiroxamine, triflumizole,
ethephon in or on cucumber, oxamyl in or on soybean seed, spinosad in
or on coriander leaves, or total dithiocarbamates in or on barley bran,
barley flour, field corn grain, oat flour, oat grain, rye bran, rye
grain, wheat bran, wheat flour, and wheat, shorts.
    The Codex has established MRLs for total dithiocarbamates
determined as carbon disulfide in or on various commodities, including
barley and wheat, each at 1 milligrams/kilogram (mg/kg). These MRLs are
the same as the tolerances finalized for mancozeb in the United States.
    The Codex has established MRLs for total dithiocarbamates
determined as carbon disulfide in or on various commodities, including
papaya at 5 mg/kg. This MRL will be covered by a finalized U.S.
tolerance at a higher level than the MRL. The MRL is different than the
finalized U.S. tolerance for mancozeb in the United States because of
differences in residue definition, use patterns, and/or good
agricultural practices.
    The Codex has established a MRL for amitraz in or on various
commodities, including cotton seed at 0.5 mg/kg. This MRL is covered by
the current U.S. tolerance at a higher level than the MRL, but would no
longer be covered due to the revocation of the U.S. tolerance.
    The Codex has established MRLs for total dithiocarbamates
determined as carbon disulfide in or on various commodities, including
banana at 2 mg/kg, peach at 7 mg/kg, and strawberry at 5 mg/kg. The
MRLs for banana and peach are the same as the U.S. tolerances proposed
for thiram in the United States. The MRL for strawberry will be covered
by a finalized U.S. tolerance at a higher level than the MRL. The MRL
for strawberry is different than the tolerance finalized for thiram in
the United States because of differences in use patterns, and/or good
agricultural practices.

IV. Statutory and Executive Order Reviews

    In this final rule, EPA establishes tolerances under FFDCA section
408(e), and also modifies and revokes specific tolerances established
under FFDCA section 408. The Office of Management and Budget (OMB) has
exempted these types of actions (i.e., establishment and modification
of a tolerance and tolerance revocation for which extraordinary
circumstances do not exist) from review under Executive Order 12866,
entitled ``Regulatory Planning and Review'' (58 FR 51735, October 4,
1993). Because this rule has been exempted from review under Executive
Order 12866 due to its lack of significance, this rule is not subject
to Executive Order 13211, entitled ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001). This final rule does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA) (44 U.S.C. 3501 et seq.), or impose any enforceable duty or
contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) (2 U.S.C. 1501 et seq.).
Nor does it require any special considerations as required by Executive
Order 12898, entitled ``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations'' (59 FR
7629, February 16, 1994); or OMB review or any other Agency action
under Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997). This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA) (15 U.S.C. 272 note). Pursuant to the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Agency previously
assessed whether establishment of tolerances, exemptions from
tolerances, raising of tolerance levels, expansion of exemptions, or
revocations might significantly impact a substantial number of small
entities and concluded that, as a general matter, these actions do not
impose a significant economic impact on a substantial number of small
entities. These analyses for tolerance establishments and
modifications, and for tolerance revocations were published in the
Federal Register on May 4, 1981 (46 FR 24950) and on December 17, 1997
(62 FR 66020) (FRL-5753-1), respectively, and were provided to the
Chief Counsel for Advocacy of the Small Business Administration. Taking
into account this analysis and available information concerning the
pesticides listed in this rule, the Agency hereby certifies that this
final rule will not have a significant economic impact on a substantial
number of small entities. In a memorandum dated May 25, 2001, EPA
determined that eight conditions must all be satisfied in order for an
import tolerance or tolerance exemption revocation to adversely affect
a significant number of small entity importers, and that there is a
negligible joint probability of all eight conditions holding
simultaneously with respect to

any particular revocation. (This Agency document is available in the
docket of the proposed rule). Furthermore, for the pesticides named in
this final rule, the Agency knows of no extraordinary circumstances
that exist as to the present revocations that would change EPA's
previous analysis. In addition, the Agency has determined that this
action will not have a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132, entitled
``Federalism'' (64 FR 43255, August 10, 1999). Executive Order 13132
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by State and local officials in the development of
regulatory policies that have federalism implications.'' ``Policies
that have federalism implications'' is defined in the Executive order
to include regulations that have ``substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.'' This final rule directly regulates
growers, food processors, food handlers, and food retailers, not
States. This action does not alter the relationships or distribution of
power and responsibilities established by Congress in the preemption
provisions of FFDCA section 408(n)(4). For these same reasons, the
Agency has determined that this rule does not have any ``tribal
implications'' as described in Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000). Executive Order 13175, requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by tribal officials in the development of regulatory policies that have
tribal implications.'' ``Policies that have tribal implications'' is
defined in the Executive order to include regulations that have
``substantial direct effects on one or more Indian tribes, on the
relationship between the Federal Government and the Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes.'' This rule will not have substantial
direct effects on tribal governments, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified in Executive Order 13175. Thus, Executive Order 13175 does
not apply to this rule.

V. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: October 20, 2015.
Jack E. Housenger,
Director, Office of Pesticide Programs.
    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.132, revise paragraph (a) to read as follows:

Sec.  180.132  Thiram; tolerances for residues.

    (a) General. (1) A tolerances for residues of the fungicide thiram
(tetramethyl thiuram disulfide), including its metabolites and
degradates, in or on the commodities in the table in this paragraph.
Compliance with the tolerance level specified in this paragraph is to
be determined by measuring only thiram.

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Avocado \1\.............................................              15
------------------------------------------------------------------------
\1\ No U.S. registrations as of September 23, 2009.

    (2) Tolerances are established for residues of the fungicide
thiram, tetramethyl thiuram disulfide, including its metabolites and
degradates, in or on the commodities in the table in this paragraph.
Compliance with the tolerance levels specified in this paragraph is to
be determined by measuring only those thiram residues convertible to
and expressed in terms of the degradate carbon disulfide, in or on the
commodity.

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Apple...................................................               5
Banana \1\..............................................             2.0
Peach...................................................             7.0
Strawberry..............................................              13
------------------------------------------------------------------------
\1\ There are no U.S. registrations as of September 23, 2009.

* * * * *

Sec.  180.142  [Amended]

0
3. In Sec.  180.142, remove the entry for ``Rice, straw'' from the
table in paragraph (a).

Sec.  180.169  [Amended]

0
4. In Sec.  180.169, remove the entry for ``Rice, straw'' from the
table in paragraph (a)(1).

0
5. In Sec.  180.176, revise the table in paragraph (a) to read as
follows:

Sec.  180.176  Mancozeb; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Almond..................................................             0.1
Almond, hulls...........................................               4
Apple...................................................             0.6
Asparagus...............................................             0.1
Atemoya.................................................             3.0
Banana..................................................               2
Barley, bran............................................               2
Barley, flour...........................................             1.2
Barley, grain...........................................               1
Barley, hay.............................................              30
Barley, pearled barley..................................              20
Barley, straw...........................................              25
Beet, sugar, dried pulp.................................             3.0
Beet, sugar, roots......................................             1.2
Beet, sugar, tops.......................................              60
Broccoli................................................               7
Cabbage.................................................               9
Canistel................................................            15.0
Cattle, kidney..........................................             0.5
Cattle, liver...........................................             0.5
Cherimoya...............................................             3.0
Corn, field, forage.....................................              40
Corn, field, grain......................................            0.06
Corn, field, stover.....................................              15
Corn, pop, grain........................................             0.1
Corn, pop, stover.......................................              40
Corn, sweet, forage.....................................              70
Corn, sweet, kernel plus cob with husks removed.........             0.1
Corn, sweet, stover.....................................              40
Cotton, undelinted seed.................................             0.5
Crabapple...............................................             0.6
Cranberry...............................................               5
Custard apple...........................................             3.0
Fennel..................................................             2.5
Flax, seed..............................................            0.15
Ginseng.................................................             1.2
Goat, kidney............................................             0.5
Goat, liver.............................................             0.5
Grape...................................................             1.5
Hog, kidney.............................................             0.5
Hog, liver..............................................             0.5
Horse, kidney...........................................             0.5

Horse, liver............................................             0.5
Lettuce, head...........................................             3.5
Lettuce, leaf...........................................              18
Mango...................................................            15.0
Oat, flour..............................................             1.2
Oat, grain..............................................               1
Oat, groats/rolled oats.................................              20
Oat, hay................................................              30
Oat, straw..............................................              25
Onion, bulb.............................................             1.5
Papaya..................................................               9
Peanut..................................................             0.1
Peanut, hay.............................................              65
Pear....................................................             0.6
Pepper..................................................              12
Potato..................................................             0.2
Poultry, kidney.........................................             0.5
Poultry, liver..........................................             0.5
Quince..................................................             0.6
Rice, grain.............................................            0.06
Rye, bran...............................................               2
Rye, flour..............................................             1.2
Rye, grain..............................................               1
Rye, straw..............................................              25
Sapodilla...............................................            15.0
Sapote, mamey...........................................            15.0
Sapote, white...........................................            15.0
Sheep, kidney...........................................             0.5
Sheep, liver............................................             0.5
Sorghum, grain, forage..................................            0.15
Sorghum, grain, grain...................................            0.25
Sorghum, grain, stover..................................            0.15
Star apple..............................................            15.0
Sugar apple.............................................             3.0
Tangerine \1\...........................................              10
Tomato..................................................             2.5
Vegetable, cucurbit, group 9............................             2.0
Walnut..................................................            0.70
Wheat, bran.............................................               2
Wheat, flour............................................             1.2
Wheat, germ.............................................              20
Wheat, grain............................................               1
Wheat, hay..............................................              30
Wheat, middlings........................................              20
Wheat, shorts...........................................               2
Wheat, straw............................................              25
------------------------------------------------------------------------
\1\ There are no U.S. registrations for use of mancozeb on tangerine.

* * * * *

Sec.  180.205  [Amended]

0
6. In Sec.  180.205, remove the entry for ``Rice, straw'' from the
table in paragraph (a).

Sec.  180.253  [Amended]

0
7. In Sec.  180.253, add alphabetically an entry for ``Onion, dry
bulb'' to the table in paragraph (a), and add a table to paragraph (c)
to read as follows:

Sec.  180.253  Methomyl; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                           Parts per       Expiration/
               Commodity                    million      Revocation date
------------------------------------------------------------------------

                              * * * * * * *
Onion, dry bulb.......................             0.2            None.

                              * * * * * * *
------------------------------------------------------------------------

* * * * *
    (c) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Pear....................................................               4
------------------------------------------------------------------------

* * * * *

Sec.  180.274  [Amended]

0
8. In Sec.  180.274, remove the entry for ``Rice, straw'' from the
table in paragraph (a).

Sec.  180.287  [Amended]

0
9. In Sec.  180.287, remove the entry for ``Cotton, undelinted seed
\1\'' and the footnote from the table in paragraph (a).

Sec.  180.288  [Amended]

0
10. In Sec.  180.288, remove the entry for ``Rice, straw'' from the
table in paragraph (a).

Sec.  180.293  [Amended]

0
11. In Sec.  180.293, remove the entry for ``Rice, straw'' from the
table in paragraph (a)(1).

Sec.  180.300  [Amended]

0
12. In Sec.  180.300, remove the entry for ``Cucumber'' from the table
in paragraph (a).

Sec.  180.301  [Amended]

0
13. In Sec.  180.301, remove the entry for ``Rice, straw'' from the
table in paragraph (a).

Sec.  180.303  [Amended]

0
14. In Sec.  180.303, remove the entry for ``Soybean, seed'' from the
table in paragraph (a).

Sec.  180.355  [Amended]

0
15. In Sec.  180.355, remove the entry for ``Rice, straw'' from the
table in paragraph (a)(1).

Sec.  180.361  [Amended]

0
16. In Sec.  180.361, remove the entry for ``Rice, straw'' from the
table in paragraph (a).

Sec.  180.377  [Amended]

0
17. In Sec.  180.377, remove the entry for ``Rice, straw'' from the
table in paragraph (a)(2).

Sec.  180.383  [Amended]

0
18. In Sec.  180.383, remove the entry for ``Rice, straw'' from the
table in paragraph (a).

0
19. In Sec.  180.384, revise paragraph (a) to read as follows:

Sec.  180.384  Mepiquat (N,N-dimethylpiperidinium); tolerances for
residues.

    (a) General. Tolerances are established for residues of the plant
growth regulator mepiquat, including its metabolites and degradates, in
or on the commodities in the table in this paragraph. Compliance with
the tolerance levels specified in this paragraph is to be determined by
measuring only mepiquat, N,N-dimethylpiperidinium, in or on the
commodity.

------------------------------------------------------------------------
                                                            Parts  per
                        Commodity                             million
------------------------------------------------------------------------
Cattle, meat byproducts.................................             0.1
Cotton, gin byproducts..................................             6.0
Cotton, undelinted seed.................................             2.0
Goat, meat byproducts...................................             0.1
Grape...................................................             1.0
Grape, raisin...........................................             5.0
Hog, meat byproducts....................................             0.1
Horse, meat byproducts..................................             0.1
Sheep, meat byproducts..................................             0.1
------------------------------------------------------------------------

* * * * *

Sec.  180.399  [Amended]

0
20. In Sec.  180.399, remove the entry for ``Rice, straw'' from the
table in paragraph (a)(1).

Sec.  180.401  [Amended]

0
21. In Sec.  180.401, remove the entry for ``Rice, straw'' from the
table in paragraph (a).

Sec.  180.417  [Amended]

0
22. In Sec.  180.417, remove the entry for ``Rice, straw'' from the
table in paragraph (a)(1).

Sec.  180.418  [Amended]

0
23. In Sec.  180.418, remove the entry for ``Rice, straw'' from the
table in paragraph (a)(2).

Sec.  180.425  [Amended]

0
24. In Sec.  180.425, remove the entry for ``Rice, straw'' from the
table in paragraph (a).

Sec.  180.434  [Amended]

0
25. In Sec.  180.434, remove the entry for ``Rice, straw'' from the
table in paragraph (a).

Sec.  180.438  [Amended]

0
26. In Sec.  180.438, remove the entry for ``Rice, straw'' from the
table in paragraph (a)(1) and from the table in paragraph (a)(2).

Sec.  180.439  [Amended]

0
27. In Sec.  180.439, remove the entry for ``Rice, straw'' from the
table in paragraph (a).

Sec.  180.441  [Amended]

0
28. In Sec.  180.441, remove the entry for ``Soybean, soapstock'' from
the table in paragraph (a)(1).

Sec.  180.445  [Amended]

0
29. In Sec.  180.445, remove the entry for ``Rice, straw'' from the
table in paragraph (a).

Sec.  180.447  [Amended]

0
30. In Sec.  180.447, remove the entry for ``Rice, straw'' from the
table in paragraph (a)(2).

Sec.  180.451  [Amended]

0
31. In Sec.  180.451, remove the entry for ``Rice, straw'' from the
table in paragraph (a).

Sec.  180.463  [Amended]

0
32. In Sec.  180.463, remove the entry for ``Rice, straw'' from the
table in paragraph (a)(1).

Sec.  180.473  [Amended]

0
33. In Sec.  180.473, remove the entry for ``Rice, straw'' from the
table in paragraph (a).

0
34. In Sec.  180.476, revise the table in paragraph (a)(1) and revise
the table in paragraph (a)(2) to read as follows:

Sec.  180.476  Triflumizole; tolerances for residues.

    (a) * * *
    (1) * * *

------------------------------------------------------------------------
                                                            Parts  per
                        Commodity                             million
------------------------------------------------------------------------
Berry, low growing, subgroup 13-07G, except cranberry...             2.0
Brassica, head and stem, subgroup 5A....................             8.0
Brassica, leafy greens, subgroup 5B.....................              40
Canistel................................................             2.5
Cherry, sweet...........................................             1.5
Cherry, tart............................................             1.5
Cilantro, leaves........................................              35
Fruit, pome, group 11-10................................            0.50
Fruit, small, vine climbing, except fuzzy kiwifruit,                 2.5
 subgroup 13-07F........................................
Hazelnut................................................            0.05
Hop, dried cones........................................              50
Leafy greens subgroup 4A, except spinach................              35
Mango...................................................             2.5
Papaya..................................................             2.5
Pineapple...............................................             4.0
Sapodilla...............................................             2.5
Sapote, black...........................................             2.5
Sapote, mamey...........................................             2.5
Star apple..............................................             2.5
Swiss chard.............................................              18
Tomato..................................................             1.5
Turnip, greens..........................................              40
Vegetable, cucurbit, group 9............................             0.5
------------------------------------------------------------------------

    (2) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Cattle, fat.............................................            0.10
Cattle, meat byproducts.................................            0.20
Goat, fat...............................................            0.10
Goat, meat byproducts...................................            0.20
Horse, fat..............................................            0.10
Horse, meat byproducts..................................            0.20
Sheep, fat..............................................            0.10
Sheep, meat byproducts..................................            0.20
------------------------------------------------------------------------

* * * * *

Sec.  180.479  [Amended]

0
35. In Sec.  180.479, remove the entry for ``Rice, straw'' from the
table in paragraph (a)(2).

Sec.  180.484  [Amended]

0
36. In Sec.  180.484, remove the entry for ``Rice, straw'' from the
table in paragraph (a).

Sec.  180.495  [Amended]

0
37. In Sec.  180.495, remove the entry for ``Coriander, leaves'' from
the table in paragraph (a).

Sec.  180.507  [Amended]

0
38. In Sec.  180.507, remove the entry for ``Rice, straw'' from the
table in paragraph (a)(1).

Sec.  180.515  [Amended]

0
39. In Sec.  180.515, remove the entries for ``Caneberry subgroup
13A,'' ``Cotton, hulls,'' ``Cotton, meal,'' ``Cotton, refined oil'' and
``Rice, straw'' from the table in paragraph (a).

Sec.  180.517  [Amended]

0
40. In Sec.  180.517, remove the entry for ``Rice, straw'' from the
table in paragraph (a).

Sec.  180.541  [Removed]

0
41. Remove Sec.  180.541.

Sec.  180.555  [Amended]

0
42. In Sec.  180.555, remove the entry for ``Rice, straw'' from the
table in paragraph (a).

Sec.  180.570  [Amended]

0
43. In Sec.  180.570, remove the entry for ``Rice, straw'' from the
table in paragraph (a)(2).

Sec.  180.577  [Amended]

0
44. In Sec.  180.577, remove the entry for ``Rice, straw'' from the
table in paragraph (a).

Sec.  180.602  [Amended]

0
45. In Sec.  180.602, remove the entry for ``Hop, dried cones'' from
the table in paragraph (a).

Sec.  180.605  [Amended]

0
46. In Sec.  180.605, remove the entry for ``Rice, straw'' from the
table in paragraph (a).

Sec.  180.625  [Amended]

0
47. In Sec.  180.625, remove the entry for ``Rice, straw'' from the
table in paragraph (a).

[FR Doc. 2015-28491 Filed 11-19-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Notices]
[Pages 16800-16801]
[FR Doc No: 2014-06615]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0053]

Designation of High-Risk Foods for Tracing and for Scientific
Data and Information; Extension of Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; extension of comment period.

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

SUMMARY: The Food and Drug Administration (FDA or we) is extending the
comment period for the notice entitled ``Designation of High-Risk Foods
for Tracing; Request for Comments and for Scientific Data and
Information'' that appeared in the Federal Register of February 4, 2014
(79 FR 6596). In the notice, FDA requested comments and scientific data
and information that will help us to implement the section of the FDA
Food Safety Modernization Act (FSMA) that requires us to designate
high-risk foods. FDA is taking this action in response to requests for
an extension to allow interested persons additional time to submit
comments.

DATES: Submit either electronic or written comments on the notice by
May 22, 2014.

ADDRESSES: You may submit comments and information, identified by
Docket No. FDA-2014-N-0053, by any of the following methods.

Electronic Submissions

    Submit electronic comments and information in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments and information.

Written Submissions

    Submit written submissions in the following ways:
     Mail/Hand delivery/Courier (for paper submissions):
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
    Instructions: All submissions received must include the Agency name
and Docket No. FDA-2014-N-0053 for this notice. All comments and
information received may be posted without change to http://www.regulations.gov, including any personal information provided. For
additional information on submitting comments and information, see the
``Request for Comments'' heading of the SUPPLEMENTARY INFORMATION
section of this document.
    Docket: For access to the docket to read background documents or
comments and information received, go to http://www.regulations.gov and
insert the docket number, found in brackets in the heading of this
document, into the ``Search'' box and follow the prompts and/or go to
the Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Sherri Dennis, Center for Food Safety
and Applied Nutrition (HFS-005), Food and Drug Administration, 5100
Paint Branch Pkwy., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of February 4, 2014 (79 FR 6596), FDA
published a notice with a 60-day comment period to request comments and
scientific data and information that will help us refine our draft
approach to identifying high-risk foods, as required by section
204(d)(2) of FSMA (Pub. L. 111-353). The notice summarized our draft
approach for the review and evaluation of data to designate high-risk
foods. We invited general comments on the draft approach, along with
requests for more specific input on alternative approaches for
identifying high-risk foods, whether or not the criteria should be
weighted equally, changes in the scoring system, and how foods should
be categorized.
    FDA has received requests for extension of the comment period for
the notice. Each request conveyed concern that the current 60-day
comment period does not allow sufficient time to develop a meaningful
or thoughtful response to the notice.
    FDA has considered the requests and is extending the comment period
for all interested persons for 45 days, until May 22, 2014. FDA
believes that a 45-day extension allows adequate time for interested
persons to submit comments.

II. Request for Comments

    Interested persons may submit either electronic comments regarding
this document to http://www.regulations.gov or written comments to the
Division of Dockets Management (see ADDRESSES). It is only necessary to
send one set of comments. Identify comments with the docket number
found in brackets in the heading of this document. Received comments
may be seen in the Division of Dockets Management between 9 a.m. and 4
p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

    Dated: March 20, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-06615 Filed 3-25-14; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Notices]
[Pages 65400-65402]
[FR Doc No: 2013-25830]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70757; File No. SR-ISE-2013-53]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule
Change To Amend the Schedule of Fees

October 25, 2013.
    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 October 17, 2013, the International Securities Exchange, LLC
(the ``Exchange'' or ``ISE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
self-regulatory organization. The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    The ISE proposes to amend its network fees. The text of the
proposed rule change is available on the Exchange's Web site (http://www.ise.com), at the principal office of

the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
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 this proposed rule change is to amend the Exchange's
network fees. Specifically, the Exchange proposes to adopt a network
fee for a new 40 Gigabit (Gb) low latency Ethernet connectivity option.
The Exchange currently offers three Ethernet connection options, a 1 Gb
connection at a cost of $500 per month, a 10 Gb connection at a cost of
$4,000 per month, and a 10 Gb low latency connection at a cost of
$7,000 per month.
    In keeping with changes in technology, the Exchange now proposes to
provide an enhanced bandwidth option to enable a more efficient
connection to the Exchange. The growth in the size of consolidated and
proprietary data feeds has resulted in demand for higher bandwidth. As
the number of feeds available and the size of the feeds increases, the
bandwidth required for market data feeds steadily rises. Through the
use of new, advanced hardware, the proposed new connectivity option
will provide increased bandwidth and improved latency, and will thereby
satisfy demand for more efficient, lower latency connections to the
Exchange's trading system.
    The Exchange proposes to charge $12,500 per month for this
connection. ISE has expended significant amount of resources in
developing this infrastructure and the proposed fees will allow the
Exchange to recoup its investment. The Exchange's new network
connectivity option will provide Members the option to select the
bandwidth that is appropriate for their current needs. This new
connectivity option is voluntary and, therefore, the Exchange will
retain the existing connectivity options for those Members who choose
not to utilize the new network connection.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Securities Exchange Act of 1934
(``Act''),\3\ in general, and with Section 6(b)(4) of the Act,\4\ in
particular, in that it provides for the equitable allocation of
reasonable dues, fees and other charges among Exchange members and
other persons using its facilities.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f.
    \4\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange's new low latency 40 Gb Ethernet network connection
will provide Members the ability to increase data transmission and
reduce latency, thereby enhancing their operations. The Exchange
believes the proposed fees for this new connection to the Exchange are
reasonable because the fees charged will allow the Exchange to cover
the hardware, installation, testing and connection costs to maintain
and manage the enhanced connection. The proposed fees will allow the
Exchange to recoup costs associated with providing the low latency 40
Gb connection while aiding Members in making their network connectivity
more efficient, and reducing the potential for data spikes and data
gapping issues that result from the transmission of the growing size of
the consolidated and proprietary market data feeds. Moreover, the
Exchange believes that the proposed fees are reasonable in that they
are lower than the fees charged by other trading venues for similar
connectivity services.\5\
---------------------------------------------------------------------------

    \5\ For example, NYSE Arca Options charges $20,000 per month for
a 40 Gb liquidity center network connection plus a $15,000 per
connection initial charge. See Securities Exchange Act Release No.
70286 (Aug. 29, 2013) 78 FR 54710 (Sept. 5, 2013) (SR-NYSEARCA-2013-
82). NASDAQ OMX PHLX, LLC charges $15,000 per month for a 40 Gb
fiber connection with an installation fee of $1,500. See Securities
Exchange Act Release No. 66429 (Feb. 21, 2012) 77 FR 11611 (Feb. 27,
2013) (SR-PHLX-2012-20).
---------------------------------------------------------------------------

    The Exchange further believes that the proposed change is
reasonable because the proposed fees directly relate to the level of
services provided by the Exchange and, in turn, received by Members
connecting to the exchange. In this regard, the fees proposed for 40 Gb
connections are higher than, for example, the fees for 10 Gb
connections because costs for the initial purchase and ongoing
maintenance of the 40 Gb connections are generally higher than those of
the lower-bandwidth connections. However, these costs are not
anticipated to be four times higher than the existing 10 Gb connection.
The Exchange therefore notes that while the proposed bandwidth of the
low latency 40 Gb connection is four times greater than the existing
low latency 10 Gb connection, the proposed fees for the 40 Gb
connection are significantly less than four times the fees for the 10
Gb connection. The Exchange believes that this supports a finding that
the proposed pricing is reasonable because the Exchange anticipates
realizing efficiencies as customers adopt higher-bandwidth connections,
and is in turn reflecting such efficiencies in the pricing for the new
connectivity option.
    The Exchange also believes the proposed fee for 40 Gb connectivity
to the Exchange is equitably allocated in that all Members that
voluntarily select this service option will be charged the same amount
to maintain and manage the enhanced connection. Moreover, the Exchange
believes the proposed 40 Gb fee for connectivity to the Exchange is not
unfairly discriminatory in that all Members will have the option of
selecting the 40 Gb connection, and there is no differentiation among
Members with regard to the fees charged for this option.

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

    In accordance with Section 6(b)(8) of the Act,\6\ the Exchange
believes that the proposed rule change will not impose any burden on
intermarket or intramarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act. Instead, the
Exchange believes that the proposed change will enhance competition by
making a service available to Members and thereby satisfy demand for
more efficient, lower-latency connections. The proposed low latency 40
Gb connection would make a service available to Members that require
the increased bandwidth, but Members that do not require the increased
bandwidth could continue to request an existing lower-bandwidth
connection and pay the correspondingly lower fees.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    The Exchange notes that it operates in a highly competitive market
in which Members can readily direct their order flow to competing
venues if they deem fee levels at a particular venue to be excessive.
In such an environment, the Exchange must continually review, and
consider adjusting, its fees to remain competitive with other
exchanges. For the reasons described above, the Exchange believes that
the proposed fee

changes reflect this competitive environment.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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) of the Act \7\ and paragraph (f) of Rule 19b-4 \8\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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-ISE-2013-53 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-ISE-2013-53. 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 the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; 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-ISE-2013-53 and should be
submitted on or before November 21, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-25830 Filed 10-30-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 12, 2007 (Volume 72, Number 28)]
[Notices]
[Page 6549]
[DOCID:fr12fe07-58]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-595-004]

Discovery Gas Transmission LLC; Notice of Amended Negotiated Rate

February 5, 2007.
    Take notice that on January 31, 2007, Discovery Gas Transmission
LLC (Discovery) tendered for filing as part of its FERC Gas Tariff,
Original Volume No. 1, Fifth Revised Sheet No. 22, the following tariff
sheet to become effective February 1, 2007.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E7-2273 Filed 2-9-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 231 (Friday, November 30, 2012)]
[Notices]
[Page 71412]
[FR Doc No: 2012-28960]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

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

Filings Instituting Proceedings

    Docket Numbers: RP13-301-000.
    Applicants: Venice Gathering System, LLC.
    Description: Petition for Temporary Exemption from Certain Tariff
Provisions of Venice Gathering System, L.L.C.
    Filed Date: 11/19/12.
    Accession Number: 20121119-5186.
    Comments Due: 5 p.m. ET 11/26/12.

    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.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, and service 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 (202) 502-
8659.

    Dated: November 21, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-28960 Filed 11-29-12; 8:45 am]
BILLING CODE 6717-01-P