[Federal Register Volume 81, Number 28 (Thursday, February 11, 2016)]
[Notices]
[Pages 7337-7341]
[FR Doc No: 2016-02830]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2015-0507; FRL-9942-09]

Certain New Chemicals; Receipt and Status Information for
December 2015

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA is required under the Toxic Substances Control Act (TSCA)
to publish in the Federal Register a notice of receipt of a
premanufacture notice (PMN); an application for a test marketing
exemption (TME), both pending and/or expired; and a periodic status
report on any new chemicals under EPA review and the receipt of

notices of commencement (NOC) to manufacture those chemicals. This
document covers the period from December 1, 2015 to December 31, 2015.

DATES: Comments identified by the specific case number provided in this
document, must be received on or before March 14, 2016.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2015-0507, and the specific PMN number or TME
number for the chemical related to your comment, by one of the
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Jim Rahai, IMD 7407M, Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 564-8593; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. As such, the
Agency has not attempted to describe the specific entities that this
action may apply to. Although others may be affected, this action
applies directly to the submitters of the actions addressed in this
document.

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

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

II. What action is the Agency taking?

    This document provides receipt and status reports, which cover the
period from December 1, 2015 to December 31, 2015, and consists of the
PMNs and TMEs both pending and/or expired, and the NOCs to manufacture
a new chemical that the Agency has received under TSCA section 5 during
this time period.

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

    Under TSCA, 15 U.S.C. 2601 et seq., EPA classifies a chemical
substance as either an ``existing'' chemical or a ``new'' chemical. Any
chemical substance that is not on EPA's TSCA Inventory is classified as
a ``new chemical,'' while those that are on the TSCA Inventory are
classified as an ``existing chemical.'' For more information about the
TSCA Inventory go to: http://www.epa.gov/opptintr/newchems/pubs/inventory.htm.
    Anyone who plans to manufacture or import a new chemical substance
for a non-exempt commercial purpose is required by TSCA section 5 to
provide EPA with a PMN, before initiating the activity. Section 5(h)(1)
of TSCA authorizes EPA to allow persons, upon application, to
manufacture (includes import) or process a new chemical substance, or a
chemical substance subject to a significant new use rule (SNUR) issued
under TSCA section 5(a), for ``test marketing'' purposes, which is
referred to as a test marketing exemption, or TME. For more information
about the requirements applicable to a new chemical go to: http://www.epa.gov/oppt/newchems.
    Under TSCA sections 5(d)(2) and 5(d)(3), EPA is required to publish
in the Federal Register a notice of receipt of a PMN or an application
for a TME and to publish in the Federal Register periodic reports on
the status of new chemicals under review and the receipt of NOCs to
manufacture those chemicals.

IV. Receipt and Status Reports

    As used in each of the tables in this unit, (S) indicates that the
information in the table is the specific information provided by the
submitter, and (G) indicates that the information in the table is
generic information because the specific information provided by the
submitter was claimed as CBI.
    For the 46 PMNs received by EPA during this period, Table 1
provides the following information (to the extent that such information
is not claimed as CBI): The EPA case number assigned to the PMN; the
date the PMN was received by EPA; the projected end date for EPA's
review of the PMN; the submitting manufacturer/importer; the potential
uses identified by the manufacturer/importer in the PMN; and the
chemical identity.

                        Table 1--PMNs Received From December 1, 2015 to December 31, 2015
----------------------------------------------------------------------------------------------------------------
                                   Projected
                         Date       end date
      Case No.         received     for EPA       Manufacturer/importer          Use(s)        Chemical identity
                                     review
----------------------------------------------------------------------------------------------------------------
P-16-0015..........   12/15/2015    3/14/2016  CBI.......................  (S) New substance   (G) Dimethicone
                                                                            is a polymer used   crosspolymer and
                                                                            as a hydropholbic   Silica.
                                                                            coating for metal
                                                                            oxide particular
                                                                            in industrial
                                                                            formulations used
                                                                            a functional
                                                                            surface treatment
                                                                            on metal oxide
                                                                            which is used in
                                                                            cosmetic and
                                                                            sunscreen
                                                                            formulations.

P-16-0054..........   12/10/2015     3/9/2016  Blaser Swisslube, Inc.....  (S) Metal working   (S) Phosphoric
                                                                            fluid component.    acid, mixed 2-
                                                                                hexlydecyl and 2-
                                                                                hexyldodecyl and
                                                                                2-octyldecyl and
                                                                                2-octyldodecyl
                                                                                mono- and
                                                                                diesters.
P-16-0108..........    12/2/2015     3/1/2016  CBI.......................  (G) Use in uv/eb    (G) Dimethyl
                                                                            adhesives and       ester, polymer
                                                                            coatings.           with 1,6-
                                                                                hexanediol, 5-
                                                                                iscocyanato-1-
                                                                                (isocyanatomethy
                                                                                l)-1,3,3-
                                                                                trimethylcyclohe
                                                                                xane and 2-
                                                                                oxepanone, 2-
                                                                                hydroxyethyl
                                                                                acrylate-
                                                                                blocked.
P-16-0109..........    12/2/2015     3/1/2016  CBI.......................  (G) Raw material    (G)
                                                                            of polyurethane.    Heteropolycycle
                                                                                hydrogen
                                                                                carbonate,
                                                                                polycondensate
                                                                                with alkyl
                                                                                hydrogen
                                                                                carbonate.
P-16-0110..........    12/2/2015     3/1/2016  CBI.......................  (G) Raw material    (G)
                                                                            of polyurethane.    Heteropolycycle
                                                                                hydrogen
                                                                                carbonate,
                                                                                polycondensate
                                                                                with alkyl
                                                                                hydrogen
                                                                                carbonate.
P-16-0111..........    12/3/2015     3/2/2016  Allnex USA, Inc...........  (S) Electro-        (G) Fatty acids,
                                                                            deposition primer.  reaction
                                                                                products with
                                                                                alkylamine,
                                                                                polymers with
                                                                                substituted
                                                                                carbomonocycle,
                                                                                substituted
                                                                                alkylamines,
                                                                                heteromonocycle
                                                                                and substituted
                                                                                alkanoate,
                                                                                acetates
                                                                                (salts).
P-16-0112..........    12/3/2015     3/2/2016  Allnex USA, Inc...........  (S) Isolated        (G) Substituted
                                                                            intermediate for    heteromonocycle,
                                                                            electro             polymer with
                                                                            deposition primer.  substituted
                                                                                carbomonocycle
                                                                                and alkyl
                                                                                (hydroxyalkyl)al
                                                                                kanediol,
                                                                                alkoxyalkanol-
                                                                                blocked.
P-16-0115..........    12/4/2015     3/3/2016  CBI.......................  (S) Component of    (G) 2-
                                                                            flexible foam.      Propanediol,
                                                                                polymer with 2-
                                                                                ethyloxirane,
                                                                                oxirane and
                                                                                cycloaliphatic
                                                                                anhydride,
                                                                                polymer with
                                                                                2,2'-[(1-
                                                                                methylethylidene
                                                                                )bis(4,1-
                                                                                phenyleneoxymeth
                                                                                ylene)]bis[oxira
                                                                                ne].
P-16-0117..........    12/5/2015     3/4/2016  CBI.......................  (S) Bleach for      (S) Magnesium
                                                                            whitening,          hydroxide
                                                                            deodorizing and/    hypochlorite
                                                                            or cleaning.        oxide.
P-16-0118..........    12/8/2015     3/7/2016  CBI.......................  (G) Additives for   (G) Akyl
                                                                            lubricating oil.    methacrylates
                                                                                copolymer.
P-16-0119..........   12/14/2015    3/13/2016  CBI.......................  (G) Intermediate..  (G)
                                                                                Chlorofluorocarb
                                                                                on.
P-16-0120..........    12/8/2015     3/7/2016  The Shepherd Color Company  (G) Pigment for     (S) Aluminum
                                                                            anti-corrosive      vanadium zinc
                                                                            paints.             hydroxide oxide.
P-16-0121..........    12/8/2015     3/7/2016  CBI.......................  (S) Water reducing  (G) Acrylic acid
                                                                            agent for use in    polymer with
                                                                            concrete.           polyethylene
                                                                                glycol.
P-16-0122..........    12/8/2015     3/7/2016  CBI.......................  (G) Intermediate..  (G)
                                                                                Chlorofluorocarb
                                                                                on.
P-16-0123..........    12/8/2015     3/7/2016  Infineum USA, L.P.........  (G) Oil additive..  (G) Formaldehyde
                                                                                polymers with
                                                                                substituted-
                                                                                carbomonocycle,
                                                                                (tetraalkenyl)
                                                                                derivs.
P-16-0124..........    12/9/2015     3/8/2016  CBI.......................  (G) Resin for       (G) Substituted
                                                                            coatings.           alkanoic acid-,
                                                                                salts with
                                                                                substituted
                                                                                alkanol-blocked
                                                                                haloalkyl
                                                                                heteromonocycle
                                                                                substituted
                                                                                carbomonocycle
                                                                                polymer alkyl
                                                                                alkanoate-
                                                                                substituted
                                                                                carbomonocycle-
                                                                                trialkylcarbomon
                                                                                ocycle-alkyl
                                                                                imine reaction
                                                                                products.
P-16-0125..........    12/9/2015     3/8/2016  CBI.......................  (G) Resin for       (G) Alkoxy alkyl
                                                                            coatings.           substituted
                                                                                alkanoic acid,
                                                                                ion(1-), salts
                                                                                with substituted
                                                                                carbomonocycle
                                                                                substituted
                                                                                heteromonocyclic
                                                                                polymer ester
                                                                                with substituted
                                                                                carbomonocycle
                                                                                alkyl ester-
                                                                                alkyl
                                                                                substituted
                                                                                alkanol reaction
                                                                                products.
P-16-0126..........    12/9/2015     3/8/2016  CBI.......................  (G) Resin for       (G) Substituted
                                                                            coatings.           carbomonocycle,
                                                                                polymer with
                                                                                substituted
                                                                                heteromonocycle,
                                                                                reaction
                                                                                products with
                                                                                substituted
                                                                                amine,
                                                                                substituted
                                                                                amine and
                                                                                substituted
                                                                                alkanol,
                                                                                alkylalkanoates
                                                                                substituted
                                                                                carbomonocycle.
P-16-0127..........   12/10/2015     3/9/2016  CBI.......................  (S) Flotation of    (G) dialkyl ether
                                                                            silica from iron    ammonium salts.
                                                                            ore and selected
                                                                            nonferrous
                                                                            minerals.
P-16-0128..........   12/10/2015     3/9/2016  Cardolite Corporation.....  (S) Epoxy curing    (G) Fatty acids,
                                                                            agent for light     c18-
                                                                            colored coatings.   unsatd.,dimers,p
                                                                                olymers with
                                                                                cashew nutshell
                                                                                liq., glycidyl
                                                                                ethers and
                                                                                polyethylenepoly
                                                                                amines.
P-16-0129..........   12/10/2015     3/9/2016  Zeon Chemicals, L.P.......  (S) Resin for hot   (G) Hydrocarbon
                                                                            melt adhesives.     Resin,
                                                                                Hydrogenated.
P-16-0131..........   12/14/2015    3/13/2016  CBI.......................  (G) Dye...........  (G)
                                                                                Polyethoxylated
                                                                                monoazo.
P-16-0132..........   12/14/2015    3/13/2016  CBI.......................  (S) Emulsifier and  (G) Alkyoxylated
                                                                            lubricant for use   fatty alcohol
                                                                            in metal working    phosphate ester.
                                                                            fluids.
P-16-0133..........   12/14/2015    3/13/2016  CBI.......................  (S) Raw material    (S) 1,4-
                                                                            used to impart      Benzenedicarboxy
                                                                            high heat           lic acid,
                                                                            resistance to       polymer with 2-
                                                                            heat resistant      methyl-1,8-
                                                                            plastics used in    octanediamine
                                                                            the manufacture     and 1,9-
                                                                            of LED reflectors   nonanediamine,
                                                                            used in             reaction
                                                                            reflective plates.  products with
                                                                                benzoic acid.
P-16-0134..........   12/15/2015    3/14/2016  CBI.......................  (G) Cured coatings  (G) Acrylic
                                                                            and inks.           oligomer.
P-16-0135..........   12/16/2015    3/15/2016  CBI.......................  (G) Pigment         (G) Polyesters,
                                                                            wetting and         fatty alkyl
                                                                            dispersing          amides
                                                                            additive.           terminated.
P-16-0136..........   12/15/2015    3/14/2016  CBI.......................  (G) Oil production  (G) Dialkylamino
                                                                                alkylamide inner
                                                                                salt.
P-16-0139..........   12/15/2015    3/14/2016  CBI.......................  (G) Oil production  (G) Dialkylamino
                                                                                alkylamide inner
                                                                                salt, salts.
P-16-0140..........   12/15/2015    3/14/2016  CBI.......................  (G) Oil production  (G) Dialkylamino
                                                                                alkylamide inner
                                                                                salt, salts.
P-16-0141..........   12/22/2015    3/21/2016  CBI.......................  (G) Lubricant       (G) Polyalkyl
                                                                            additive.           methacrylate
                                                                                copolymer.
P-16-0142..........   12/16/2015    3/15/2016  CBI.......................  (G) Polymer for     (G) Amine salted
                                                                            coatings.           polyacrylate.
P-16-0143..........   12/16/2015    3/15/2016  CBI.......................  (G) Chemical        (G)
                                                                            intermediate.       Haloalkylfuranca
                                                                                rboxaldehyde.

P-16-0144..........   12/16/2015    3/15/2016  H. B. Fuller Company......  (G) Industrial      (G) Urethane
                                                                            adhesive.           acrylate.
P-16-0145..........   12/16/2015    3/15/2016  H. B. Fuller Company......  (G) Urethane        (G) Urethane
                                                                            acrylate.           acrylate.
P-16-0146..........   12/16/2015    3/15/2016  H. B. Fuller Company......  (G) Industrial      (G) Urethane
                                                                            adhesive.           acrylate.
P-16-0147..........   12/16/2015    3/15/2016  H. B. Fuller Company......  (G) Industrial      (G) Urethane
                                                                            adhesive.           acrylate.
P-16-0148..........   12/16/2015    3/15/2016  CBI.......................  (G) Oil production  (G) Dialkylamino
                                                                                alkylamide inner
                                                                                salt.
P-16-0149..........   12/17/2015    3/16/2016  Cadence Chemical            (S) Paints for      (G) 2-alkenoic
                                                Corporation.                wood, metal and     acid, alkyl
                                                                            plastic.            ester, polymer
                                                                                with ethenyl
                                                                                benzene, alkyl 2-
                                                                                alky alkenoate
                                                                                and alkene
                                                                                carboxylic acid.
P-16-0150..........   12/18/2015    3/17/2016  CBI.......................  (G) Intermediate..  (G)
                                                                                Chlorofluorocarb
                                                                                on.
P-16-0151..........   12/18/2015    3/17/2016  CBI.......................  (G) Intermediate..  (G)
                                                                                Perfluoropolyeth
                                                                                er halide.
P-16-0152..........   12/18/2015    3/17/2016  CBI.......................  (G) Intermediate..  (G)
                                                                                Perfluoropolyeth
                                                                                er aryl.
P-16-0153..........   12/18/2015    3/17/2016  CBI.......................  (G) Lubricant       (G) Substituted
                                                                            additive.           aryl
                                                                                perfluoropolyeth
                                                                                er.
P-16-0154..........   12/18/2015    3/17/2016  CBI.......................  (G) Lubricant       (G) Sulfonated
                                                                            additive.           perfluoropolyeth
                                                                                er aromatic
                                                                                transition metal
                                                                                salt.
P-16-0155..........   12/18/2015    3/17/2016  CBI.......................  (G) Lubricant       (G) Sulfonated
                                                                            additive.           perfluoropolyeth
                                                                                er aryl alkali
                                                                                metal salt.
P-16-0156..........   12/18/2015    3/17/2016  CBI.......................  (G) Lubricant       (G) Sulfonated
                                                                            additive.           perfluoropolyeth
                                                                                er aryl alkali
                                                                                metal salt.
P-16-0160..........   12/30/2015    3/29/2016  CBI.......................  (G) Curing agent    (G)
                                                                            and curing agent    Polyethylenepoly
                                                                            precursor,          amines.
                                                                            adhesion promoter
                                                                            and adhesion
                                                                            promoter
                                                                            precursor.
----------------------------------------------------------------------------------------------------------------

    For the 4 TMEs received by EPA during this period, Table 2 provides
the following information (to the extent that such information is not
claimed as CBI): The EPA case number assigned to the TME, the date the
TME was received by EPA, the projected end date for EPA's review of the
TME, the submitting manufacturer/importer, the potential uses
identified by the manufacturer/importer in the TME, and the chemical
identity.

                                            Table 2--TMEs Received From December 1, 2015 to December 31, 2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                Projected end
           Case No.             Date received   date for EPA       Manufacturer/Importer                   Use(s)                   Chemical identity
                                                   review
--------------------------------------------------------------------------------------------------------------------------------------------------------
T-16-0013....................      12/15/2015       1/29/2016  CBI                           (G) Oil production................  (G) Dialkylamino
                                                                                alkylamide inner salt.
T-16-0014....................      12/15/2015       1/29/2016  CBI                           (G) Oil production................  (G) Dialkylamino
                                                                                alkylamide inner salt,
                                                                                salts.
T-16-0015....................      12/15/2015       1/29/2016  CBI                           (G) Oil production................  (G) Dialkylamino
                                                                                alkylamide inner salt,
                                                                                salts.
T-16-0016....................      12/16/2015       1/30/2016  CBI                           (G) Oil production................  (G) Dialkylamino
                                                                                alkylamide inner salt.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    For the 38 NOCs received by EPA during this period, Table 3
provides the following information (to the extent that such information
is not claimed as CBI): The EPA case number assigned to the NOC; the
date the NOC was received by EPA; the projected date of commencement
provided by the submitter in the NOC; and the chemical identity.

    Table 3--NOCs Received From December 1, 2015 to December 31, 2015
------------------------------------------------------------------------
                                        Projected date
       Case No.          Date received        of            Chemical
                                         commencement       identity
------------------------------------------------------------------------
J-15-0034.............      12/21/2015      12/18/2015  (G)
                                                         Saccharomyces
                                                         cerevisiae
                                                         modified.
P-11-0543.............       12/1/2015       11/3/2015  (G)
                                                         Polyfluorinated
                                                         alkyl
                                                         quanternary
                                                         ammonium
                                                         chloride.
P-12-0118.............      12/16/2015       12/2/2015  (G) Substituted
                                                         pyridinium
                                                         salt.
P-12-0549.............      12/10/2015      11/11/2015  (G) Modified
                                                         polyester.
P-13-0558.............       12/3/2015      11/28/2015  (G) Alkylene
                                                         imine
                                                         homopolymer,
                                                         alkyl
                                                         derivatives.
P-13-0853.............      12/15/2015      10/28/2015  (G) Inorganic
                                                         acid, triphenyl
                                                         ester, polymer
                                                         with mixed
                                                         diols and
                                                         alcohols.
P-14-0492.............       12/1/2015      10/18/2015  (S) Ethanol,
                                                         2,2',2''-
                                                         nitrilotris-,
                                                         compd. with
                                                         alpha, alpha'--
                                                         [[[4-[2-(4-
                                                         sulfo-1-
                                                         naphthalenyl)
                                                         diazenyl]
                                                         phenyl] imino]
                                                         di-2,1-
                                                         ethanediyl]bis[
                                                         omega-
                                                         hydroxypoly(oxy-
                                                         1,2-
                                                         ethanediyl)]
                                                         (1:1).
P-14-0643.............      12/16/2015      11/16/2015  (G) Titanium
                                                         oxide
                                                         derivative.
P-14-0838.............      12/10/2015       12/7/2015  (G) Modified
                                                         copolymer of
                                                         buta-1,3-diene
                                                         and styrene.
P-15-0065.............       12/9/2015       12/5/2015  (G) Mixture of
                                                         aminopropyl-
                                                         terminated N-
                                                         methylated
                                                         polyalkylenepol
                                                         yamines.
P-15-0177.............      12/16/2015       12/4/2015  (G) Phenol, 2,2'-
                                                         [1,2-
                                                         disubstituted-
                                                         1,2-
                                                         ethanediyl]bis(
                                                         iminomethylene)
                                                         bis[substituted
                                                         .
P-15-0326.............      12/21/2015      10/19/2015  (G)
                                                         Polyfluorohydro
                                                         carbon.
P-15-0341.............      12/22/2015      12/15/2015  (G) Propenoic
                                                         acid alkyl
                                                         ester(s),
                                                         telomer with
                                                         alkanethiol, 2-
                                                         methyl-2-
                                                         propenoic acid
                                                         and 2-
                                                         hydroxyethyl 2-
                                                         propenoate.
P-15-0349.............       12/3/2015      11/23/2015  (G) Carbonic
                                                         acid, diethyl
                                                         ester, polymer
                                                         with 1,6-
                                                         hexanediol, 5-
                                                         isocyanato-1-
                                                         (isocyanatometh
                                                         yl)-1,3,3-
                                                         trimethylcycloh
                                                         exane 2-
                                                         hydroxyethyl
                                                         acrylate-
                                                         blocked.
P-15-0355.............       12/8/2015      11/21/2015  (S) Hexane, 1,6-
                                                         diisocyanato-,
                                                         homopolymer, di-
                                                         et malonate-
                                                         blocked.

P-15-0455.............      12/15/2015       12/4/2015  (S) 1,4-
                                                         Cyclohexanedica
                                                         rboxylic acid,
                                                         1,4-dimethyl
                                                         ester, polymer
                                                         with 1,4-
                                                         cyclohexanedime
                                                         thanol.
P-15-0468.............      12/16/2015      12/15/2015  (G)
                                                         Polycyclecarbox
                                                         ylic acid,
                                                         hydroxy-
                                                         (substituted
                                                         phenyl)diazenyl
                                                         , metal salt.
P-15-0544.............       12/1/2015      11/25/2015  (G) Trialkyl
                                                         cycloalkylammon
                                                         ium hydroxide.
P-15-0581.............      12/10/2015      11/23/2015  (G) L-amino
                                                         acid,
                                                         homopolymer,
                                                         carboxylate.
P-15-0587.............      12/14/2015       12/2/2015  (G) vegetable
                                                         oil polymer
                                                         with 1,1'-
                                                         methylenebis[is
                                                         ocyantobenzene]
                                                         , oxepanone and
                                                         trimethylolprop
                                                         ane.
P-15-0596.............       12/3/2015      11/16/2015  (G) Methyl
                                                         alkaryl methyl
                                                         hydrogen
                                                         cyclosiloxanes.
P-15-0602.............       12/9/2015      11/12/2015  (G) Copolymer of
                                                         tetrafluoroethe
                                                         ne and
                                                         perfluorosulfon
                                                         ylvinylether.
P-15-0606.............       12/2/2015      11/24/2015  (S) Alkenes, C18-
                                                         22, mixed with
                                                         polyethylene,
                                                         oxidized,
                                                         hydrolyzed,
                                                         distn.
                                                         residues, from
                                                         C20-22 alcs.
                                                         manufacturer.
P-15-0608.............       12/2/2015      11/26/2015  (G) Modified
                                                         rosin polyol
                                                         ester.
P-15-0612.............      12/23/2015      12/22/2015  (S) Sulfur
                                                         thulium
                                                         ytterbium
                                                         yttrium oxide.
P-15-0613.............      12/23/2015      12/22/2015  (S) Gadolinium
                                                         sulfur
                                                         ytterbium
                                                         yttrium oxide,
                                                         erbium- and
                                                         thulium-doped.
P-15-0614.............      12/23/2015      12/22/2015  (S) Neodymium
                                                         sulfur yttrium
                                                         oxide.
P-15-0615.............      12/23/2015      12/22/2015  (S) Erbium
                                                         gadolinium
                                                         neodymium
                                                         sulfur
                                                         ytterbium
                                                         yttrium oxide.
P-15-0616.............      12/23/2015      12/22/2015  (S) Erbium
                                                         gadolinium
                                                         sulfur
                                                         ytterbium
                                                         yttrium oxide.
P-15-0618.............      12/23/2015      12/22/2015  (S) Erbium
                                                         gadolinium
                                                         sulfur
                                                         ytterbium
                                                         oxide.
P-15-0624.............       12/2/2015      11/22/2015  (G) Modified
                                                         urethane
                                                         polymer.
P-15-0635.............      12/29/2015      12/13/2015  (G) Polymer of
                                                         an aromatic
                                                         olefin and one
                                                         or more
                                                         substituted
                                                         aromatic
                                                         olefins.
P-15-0648.............      12/11/2015      12/10/2015  (G) Alkylamino
                                                         alcohol.
P-15-0657.............       12/9/2015      11/22/2015  (G) Allyl
                                                         triazine
                                                         oligomer.
P-15-0684.............       12/7/2015       12/3/2015  (G) Substituted
                                                         alkenoic acid,
                                                         alkyl ester,
                                                         telomer with
                                                         alkanethiol and
                                                         oxiranylalkyl
                                                         alkyl-
                                                         alkenoatenoate.
P-15-0687.............      12/10/2015       12/8/2015  (G) Polyester
                                                         adduct.
P-15-0696.............      12/14/2015       12/7/2015  (G) Urethane
                                                         acrylate.
P-15-0712.............      12/14/2015      12/11/2015  (S)
                                                         Cyclopropanemet
                                                         hanol, 2-(1,4-
                                                         dimethyl-3-
                                                         penten-1-yl)-1-
                                                         methyl-.
------------------------------------------------------------------------

    Authority:  15 U.S.C. 2601 et seq.

    Dated: February 5, 2016.
Pamela Myrick,
Acting, Information Management Division, Office of Pollution Prevention
and Toxics.
[FR Doc. 2016-02830 Filed 2-10-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 3, 2008 (Volume 73, Number 193)]
[Notices]
[Page 57719-57720]
[DOCID:fr03oc08-118]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58676; File No. SR-ISE-2008-69]

 Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by International Securities
Exchange, LLC Relating to Amending the Fee Schedule

September 29, 2008.
    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 September 22, 2008, the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange 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 is proposing to amend its Schedule of Fees with respect to
transactions executed in securities reported to Tape B. The text of the
proposed rule change is available on the Exchange's Internet Web site
at http://www.ise.com.

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
    On July 1, 2008, the Exchange adopted a fee structure for
transactions in securities priced at or above $1.00 that are reported
to Tape B (hereinafter, referred to as Tape B securities) (excluding
both order delivery and MidPoint Match orders) whereby the maker
receives a per share rebate of $0.0017 and the taker fee is $0.0015 on
all Tape B shares.\3\ For transactions in securities priced at or above
$1.00 that are reported to Tape A and Tape C (hereinafter referred to
as Tape A and Tape C securities), the Exchange applies a tiered rebate
structure, averaged across an entire month, whereby the first five
million maker shares executed on an average daily volume (ADV) basis
receive a rebate of $0.0032 per share, with an increase in the rebate
to $0.0035 for each maker share executed above five million ADV.
---------------------------------------------------------------------------

    \3\ See Securities and Exchange Commission Release No. 58147
(July 11, 2008); 73 FR 41389 (July 18, 2008) (SR-ISE-2008-53) [sic].
---------------------------------------------------------------------------

    For order delivery orders in securities priced at or above $1.00,
the Exchange provides a rebate of $0.0015 for maker shares executed in
Tape B securities and a rebate of $0.0027 for maker shares executed in
Tape A and Tape C securities. The Exchange is proposing to amend the
equity fee schedule to apply equity fees consistently across all

securities, regardless of which Tape they are reported to. The Exchange
is proposing to implement these fee changes on October 1, 2008.
Specifically, the Exchange proposes to implement a tiered rebate
structure for securities priced at or above $1.00 across all Tapes,
averaged across an entire month, where the first five million maker
shares executed on an average daily volume (ADV) basis receive a rebate
of $0.0032 per share, with an increase in the rebate to $0.0035 for
each maker share executed above five million ADV. Additionally, the
Exchange proposes to reinstate a single taker fee for securities priced
at or above $1.00 of $0.0030 for executions on all securities,
regardless of which Tape they are reported to.
    For shares executed on an order delivery basis in securities priced
at or above $1.00, the Exchange proposes to rebate $0.0027 for all
maker shares executed, regardless of which Tape they are reported to.
    The execution fee for equities priced under $1.00, regardless of
which tape they are reported to, is 0.3% of trade value with no rebates
for adding liquidity.
    For the avoidance of doubt, the Exchange proposes to add a note to
the fee schedule stating that fees are based on ADV per member, per
month.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\4\ in general, and
furthers the objectives of Section 6(b)(4),\5\ in particular, in that
it is designed to provide for the equitable allocation of reasonable
dues, fees and other charges among its members and other persons using
its facilities.
---------------------------------------------------------------------------

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

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

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.

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) of the Act \6\ and Rule 19b-4(f)(2) \7\ thereunder. At any
time within 60 days of the filing of such proposed rule change, the
Commission may summarily abrogate 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.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2008-69 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-ISE-2008-69. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room on official business
days between the hours of 10 a.m. and 3 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-ISE-
2008-69 and should be submitted on or before October 24, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-23364 Filed 10-2-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Notices]
[Pages 12068-12069]
[FR Doc No: 2012-4450]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2012-0133]

Merchant Marine Personnel Advisory Committee

AGENCY: Coast Guard, DHS.

ACTION: Notice of Federal Advisory Committee Meeting.

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

SUMMARY: The Merchant Marine Personnel Advisory Committee (MERPAC) will
meet on March 13, 2012, and March 14, 2012, in Burlingame, CA, to
discuss various issues related to the training and fitness of merchant
marine personnel. This meeting will be open to the public.

DATES: MERPAC working groups will meet on March 13, 2012, from 8 a.m.
until 4 p.m., and the full committee will meet on March 14, 2012, from
8 a.m. until 4 p.m. This meeting may adjourn early if all business is
finished. Written comments to be distributed to committee members and
placed on MERPAC's Web site are due March 3, 2012.

ADDRESSES: The Committee will meet at the Hilton San Francisco Airport
Bayfront, 600 Airport Blvd., Burlingame, CA 94010. To facilitate public
participation, we are inviting public comment on the issues to be
considered by the committee and working groups. Written comments must
be identified by Docket No. USCG-2012-0133 and submitted by one of the
following methods no later than March 3, 2012:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments (preferred method to
avoid delays in processing).
     Fax:<PHONE_NUMBER>.
     Mail: Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
     Hand delivery: Same as mail address above, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal Holidays. The
telephone number is<PHONE_NUMBER>.
    Instructions: All submissions received must include the words
``Department of Homeland Security'' and the docket number for this
action. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided. You
may review a Privacy Act notice regarding our public dockets in the
January 17, 2008, issue of the Federal Register (73 FR 3316).
    Docket: For access to the docket to read documents or comments
related to this notice, go to http://www.regulations.gov.
    Any requests to make oral presentations should be made no later
than March 3, 2012, using one of the methods highlighted above. This
notice may be viewed in our online docket, USCG-2012-0133, at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Rogers Henderson, U. S. Coast
Guard, telephone<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92-463).
    MERPAC is an advisory committee authorized under section 871 of the
Homeland Security Act of 2002, Title 6, United States Code, section
451, and chartered under the provisions of the FACA. The Committee will
act solely in an advisory capacity to the Secretary of the Department
of Homeland Security (DHS) through the Commandant of the Coast Guard
and the Director of Commercial Regulations and Standards on matters
relating to personnel in the U.S. merchant marine, including but not
limited to training, qualifications, certification, documentation, and
fitness standards. The Committee will advise, consult with, and make
recommendations reflecting its independent judgment to the Secretary.

Agenda of Meeting

Day 1

    The agenda for the March 13, 2012, meeting is as follows:
    (1) The full committee will meet briefly to discuss the working
groups' business/task statements, which are listed under paragraph 2
below.
    (2) Working groups addressing the following task statements,
available for viewing at http://homeport.uscg.mil/merpac will meet to
deliberate:
    (a) Task Statement 58, concerning Stakeholder Communications during
Merchant Mariner Licensing and Documentation Program (MLD)
Restructuring and Centralization;
    (b) Task Statement 71, concerning Review of USCG/International
Maritime Organization (IMO) Operational Level Examination (3rd/2nd Mate
and 3rd/2nd Assistant Engineer) Topics and Questions and Alignment with
the International Convention on Standards of Training, Certification &
Watchkeeping for seafarers (1978), as amended, (STCW Code);
    (c) Task Statement 76, concerning Review of Performance Measures
(Assessment Criteria); and
    (d) Task Statement 77, concerning Development of Performance
Measures (Assessment Criteria).
    (3) The Coast Guard may form new working groups to address any
additional issues emanating from the existing task statements.
    (4) Public comment period.
    (5) Reports of working groups. At the end of the day, the working
groups will make a report to the full committee on what was
accomplished in their meetings. The full committee will not take action
on these reports on this date.

Any official action taken as a result of this working group meeting
will be taken on day 2 of the meeting.
    (6) Adjournment of meeting.

Day 2

    The agenda for the March 14, 2012, Committee meeting is as follows:
    (1) Introduction/Chairman Remarks.
    (2) Remarks from Coast Guard Leadership, Mr. Jeff Lantz.
    (3) Introduction and swearing in of the new member.
    (4) Rollcall of committee members and determination of a quorum.
    (5) DFO announcements.
    (6) Reports from the following working groups:
    (a) Task Statement 30, concerning Utilizing Military Education,
Training and Assessment for STCW and U.S. Coast Guard Certifications;
    (b) Task Statement 58, concerning Stakeholder Communications during
MLD Program Restructuring and Centralization;
    (c) Task Statement 71, concerning Review of USCG/IMO Operational
Level Examination (3rd/2nd Mate and 3rd/2nd Assistant Engineer) Topics
and Questions and Alignment with the STCW Code;
    (d) Task Statement 73, concerning Development of Training Guidance
for Engineers Serving on Near-Coastal Vessels;
    (e) Task Statement 76, concerning Review of Existing Performance
Measures (Assessment Criteria which can be used to assess mariner
competencies listed in the International Convention on Standards of
Training, Certification and Watchkeeping for Seafarers (STCW), 1978 as
amended; and
    (f) Task Statement 77, concerning Development of Performance
Measures (Assessment Criteria) which can be used to assess mariner
competencies listed in the International Convention on Standards of
Training, Certification and Watchkeeping for Seafarers (STCW), 1978, as
amended.
    (7) Other items which will be discussed:
    (a) Report on National Maritime Center (NMC) activities from NMC
Commanding Officer;
    (b) Report on IMO/International Labor Organization (ILO) related
activities; and
    (c) Report from the Mariner Credentialing Program Policy Division.
    (8) Period for public comments/presentations.
    (9) Discussion of working group recommendations. The committee will
review the information presented on each issue, deliberate on any
recommendations presented by the working groups and approve/formulate
recommendations for the Department's consideration. Official action on
these recommendations may be taken on this date.
    (10) Closing remarks/plans for next meeting.
    (11) Adjournment of meeting.

Procedural

    This meeting will be open to the public. Please note that the
meeting may adjourn early if all business is finished.
    A copy of all meeting documentation is available at the https://www.fido.gov Web site or by contacting Rogers Henderson. Once you have
accessed the MERPAC Committee page, click on the meetings tab and then
the ``View'' button for the meeting dated 3/14/12 to access the
information for this meeting. Minutes will be available 90 days after
this meeting. Both minutes and documents applicable for this meeting
can also be found at an alternative site using the following web
address: https://homeport.uscg.mil and use these key strokes: Missions;
Port and Waterways Safety; Advisory Committees; MERPAC; and then use
the event key.

Public Participation

    To facilitate public participation, we are inviting public comment
on the issues to be considered by the committee and working groups.
Written comments must be identified by Docket No. USCG-2012-0133 and
submitted by one of the methods specified in ADDRESSES. Written
comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided.
Anyone can search the electronic form of comments received into the
docket by the name of the individual submitting the comment (or signing
the comment, if submitted on behalf of an association, business, labor
union, etc.). For access to the docket to read background documents or
comments received in response to this notice, go to http://www.regulations.gov. An opportunity for public oral comment will be
held during both meetings. Speakers are requested to limit their
comments to 3 minutes. Please note that the public oral comment periods
may end before the prescribed ending time indicated following the last
call for comments. Contact Rogers Henderson at
<EMAIL_ADDRESS>to register as a speaker.

Information on Services for Individuals With Disabilities

    For information on facilities or services for individuals with
disabilities or to request special assistance at the meeting, contact
Ms. Theresa Alas at telephone<PHONE_NUMBER> as soon as possible.

    Dated: February 22, 2012.
J.G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2012-4450 Filed 2-27-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 56 (Thursday, March 22, 2012)]
[Notices]
[Pages 16888-16889]
[FR Doc No: 2012-6862]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66610; File No. SR-Phlx-2012-29]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Delete
Certain Select Symbols From the Rebates and Fees for Adding and
Removing Liquidity in Select Symbols

March 15, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\, and Rule 19b-4 thereunder,\2\ notice is hereby given
that on March 2, 2012, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``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 Substance
of the Proposed Rule Change

    The Exchange proposes to amend Section I of the Exchange's Fee
Schedule titled ``Rebates and Fees for Adding and Removing Liquidity in

Select Symbols,'' specifically to remove various Select Symbols.\3\
---------------------------------------------------------------------------

    \3\ The term ``Select Symbols'' refers to the symbols which are
subject to the Rebates and Fees for Adding and Removing Liquidity in
Section I of the Exchange's Fee Schedule.
---------------------------------------------------------------------------

    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqtrader.com/micro.aspx?id=PHLXfilings, 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change is to amend the list of
Select Symbols in Section I of the Exchange's Fee Schedule, entitled
``Rebates and Fees for Adding and Removing Liquidity in Select
Symbols,'' in order to remove certain delisted symbols from the list of
Select Symbols.
    The Select Symbols in Section I are subject to the rebates and fees
in that section. The Exchange is proposing to delete the following
symbols from the list of Select Symbols in Section I of the Fee
Schedule: American Airlines (``AMR'') and Eastman Kodak (``EK'')
(collectively ``Proposed Deleted Symbols''). AMR was delisted on
November 30, 2011 and EK was delisted on January 19, 2012 and therefore
these symbols are not subject to the rebates and fees in Section I of
the Fee Schedule.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \4\ in general, and furthers
the objectives of Section 6(b)(4) of the Act \5\ in particular, in that
it is an equitable allocation of reasonable fees and other charges
among Exchange members and other persons using its facilities.
---------------------------------------------------------------------------

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

    The Exchange believes that it is reasonable to remove the Proposed
Deleted Symbols from the list of Select Symbols because these symbols
have been delisted and no longer trade on the Exchange. The Exchange
believes that it is equitable and not unfairly discriminatory to remove
the Proposed Deleted Symbols from the list of Select Symbols because
all members, uniformly, would not be assessed either the rebates or the
fees pursuant to either Section I or II \6\ of the Fee Schedule with
respect to the Proposed Deleted Symbols.
---------------------------------------------------------------------------

    \6\ Section II, entitled ``Equity Options Fees.'' includes
options overlying equities, ETFs, ETNs, indexes and HOLDRs which are
Multiply Listed.
---------------------------------------------------------------------------

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.

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

    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

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 No. SR-Phlx-2012-29 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 No. SR-Phlx-2012-29. 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
a.m. and 3 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 No. SR-Phlx-2012-29 and should be
submitted on or before April 12, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-6862 Filed 3-21-12; 8:45 am]
BILLING CODE 8011-01-P


Printed on Recycled Paper 1 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION VIII 999 18th STREET  SUITE 500 DENVER, COLORADO 80202 2466 February 27, 2003 Mr. Henry Schuver Office of Solid Waste ( 5303W) US EPA Ariel Rios Building 1200 Pennsylvania Avenue, NW Washington DC 20460 0002 re: Vapor Intrusion Guidance Dear Mr. Schuver:

The EPA Regional Risk Assessors have reviewed the draft Vapor Intrusion Guidance. As primary users of this guidance, we are submitting these comments as we believe that a number of issues must be resolved before Regional Risk Assessors can successfully use this guidance to advise our Regional Superfund and RCRA Programs. These comments have been endorsed by Regional Risk Assessors in all 10 EPA Regions.

1. Use of additive risk In our experience it is common that multiple chemicals will be present at a site. Superfund has a consistent approach to evaluate exposure to the complete mix of chemicals for both cancer and non cancer endpoints. This guidance should not advocate a different approach. As written the guidance will be viewed by many as being insufficiently protective of the public health. Accordingly, we recommend that the Current Human Exposures Under Control EI determination use 10 5 cancer risk and a Hazard Index of 1 taking into account all the chemicals that intrude into a residence and that footnote 2 on page 10 be replaced with a specific statement that additive risk is to be used when making an EI determination for a site. In addition to avoid confusion, there should be a statement acknowledging that risk based screening for purposes other than Current Human Exposures Under Control EI determinations typically use a cancer risk of 10 6 and a Hazard Quotient of 0.1 for both RCRA and CERCLA sites.

2. Use of the MCL as the target concentration For several chemicals the MCL, rather than a risk based concentration, is used in Tables 2 and 3. This is not helpful to the user who needs or wishes to conduct risk based screening at specific target risk levels. The current tables do not even alert the user to the fact that values footnoted as representing MCLs exceed the target risk or hazard levels of the tables. We recommend that the tables contain only risk based values. As the MCL is based both on risk assessment and risk management considerations, using the MCL as the target concentration blends risk based values and risk management objectives in the guidance. We recommend that only risk based values be used for decision making under this guidance. Printed on Recycled Paper 2 3. Clarify how the guidance applies to remedial investigations at CERCLA and RCRA sites Section D is confusing on the application of the guidance at CERCLA and RCRA facilities. The first sentence states that the guidance is to be used for making Current Human Exposures Under Control EI determinations. The sentence then confuses the applicability by adding the clause " as well as in CERCLA remedial investigations and RCRA facility investigations" and then contradicting that clause in the next sentences. To clarify the paragraph, we recommend deletion of the clause " as well as in CERCLA remedial investigations and RCRA facility investigations." Absent specific guidance to the contrary, the Regional Risk Assessors will use the ordinary procedures for conducting a remedial investigation, a screening assessment, and a baseline risk assessment for a specific site. In these activities we believe it would be appropriate to use the screening tables but not the risk management benchmarks ( 10 5 cancer risk and Hazard Quotient = 1 for an individual chemical as in the draft guidance). In both the CERCLA and RCRA programs, Regional Risk Assessors generally use a cancer risk of 10 6 and a Hazard Quotient of 0.1 as screening values.

4. Clarify how the guidance applies to an occupational setting Section D 1) on page 3 is very confusing on how the guidance will apply to an occupational setting. Screening for impacts from the subsurface on indoor air are appropriate whether or not the building is used for occupational purposes. The vapor intrusion guidance can and should clarify that different investigatory and remedial actions may be appropriate at these facilities, depending on the use of hazardous volatile chemicals in the facility. We recommend a clear statement such as " The screening of possible exposures using this guidance will apply to situations where any hazardous chemical is present in indoor air as a result of vapor intrusion from subsurface contamination." Another example of a clear statement on the application on EPA guidance to an occupational setting can be found in the March 2001 draft Supplemental Guidance for Developing Soil Screening Levels for Superfund Sites. That guidance states in Section 4.3.3, " Although both OSHA standards and SSLs protect the health of workers exposed to toxic substances, the conditions of exposure implicit in each set of values differ. As a result, OSHA standards are not suitable substitutes for SSLs."

5. Clarify how the guidance applies to existing groundwater plumes ( page 18) If the statement that the guidance " is intended to be applied to existing groundwater plumes as they are currently defined" is intended to mean that plumes already characterized don't need to be newly characterized just for the vapor intrusion pathway, then this should be stated clearly. However, there should also be a statement that plumes that have been inadequately or partially characterized or that have yet to be characterized are subject to the guidance.

6. Clarify when the guidance requires confirmatory sampling Section C ( page 9) indicates that confirmatory sampling is not recommended to support a Current Human Exposures Under Control EI determination. The guidance should clarify if confirmatory indoor air sampling is necessary to support the opposite determination and before some action is initiated.

7. Clarify the guidance on the amount of data adequate for decision making Printed on Recycled Paper 3 We interpret the guidance ( last sentence of Tier 2  Secondary Screening on page 8) to indicate that a single value exceeding the screening value is sufficient to move into Tier 3. If that is not correct, then the guidance needs clarification. We recommend that the guidance provide more emphasis that multiple lines of evidence from the different environmental media need to be used in decision making. We also recommend that some guidance be provided on how to resolve situations where conflicting data are present from different environmental media or different locations at the site.

8. Decision rule on appropriate toxicity reference value Appendix D, Section 5, paragraph 3 explains the decision rule on the use of an extrapolated versus a non extrapolated value for the development of values listed in Tables 2 and 3. As the Tables are to be used in a screening decision, we recommend using the lower value regardless of its source. The risk assessor for the site should then review those chemicals whose target concentration was derived by a toxicity value based on route to route extrapolation and determine the reliability and appropriateness of application of the extrapolated value.

9. Application of the guidance to a chemical in soil and a situation where a NAPL is present Section IV A states the guidance applies to exposure from soil. However, Table 1 screens out chemicals based on the toxicity of the pure vapor and volatility from water using Henry's Law. For a chemical that volatilizes from bulk soil or a situation where a NAPL is present, the appropriate screening value would be only the toxicity of the pure vapor ( the column entitled " Is chemical sufficiently toxic?" in Table 1). Table 1 should clearly indicate that the NA entry reflects a determination that the pathway is not likely to pose an unacceptable risk, not that the pathway is incomplete. See comment below.

10. Decisions on " incomplete pathway" versus " pathway does not pose an unacceptable risk" In several places the guidance uses these determinations interchangeably. We recommend that the guidance make explicit which determination applies. A determination that the pathway is incomplete is a risk assessment determination stating that there is no exposure and therefore no risk from that pathway. This concept is well understood by risk assessors. However, a decision that the pathway does not pose an unacceptable risk is a risk management determination and involves a host of factors such as the exposure scenario considered and the risk criterion applied.

11. Replacement of HEAST values in Table D 1 and quality control of entries in the tables A number of toxicity values are taken from old HEAST sources ( H and A codes in the table). We recommend that some effort be expended to replace these values with EPA NCEA provisional values that have enjoyed at least some level of external peer review. As we expect there will be changes in toxicity values before the guidance goes to final form, it is important to check the correctness of the calculations and other entries in the tables. As one example, Table D 1 states that the data are current as of November 2002. The entry for 1,1 dichloroethylene lists the source as an EPA NCEA provisional value when the new IRIS file was loaded in August 2002. Printed on Recycled Paper 4 12. Discussion of TCE ( page D 2) The third sentence in the third paragraph should be deleted as it could be construed to mean that the Superfund Technical Support Center continues to support the TCE cancer slope factor withdrawn from IRIS in July 1989. If new language is used to replace it, it should state that the Superfund Technical Support Center continued to support the use of the withdrawn value until the external review draft of the new TCE health assessment was published in August 2001.

Sincerely,

EPA Regional Risk Assessors Regions 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 cc. Marianne Horinko Mike Cook Betsy Southerland Matt Hale Debbie Newberry