[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)]
[Notices]
[Pages 80443-80446]
[FR Doc No: 2015-32362]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-6156; FMCSA-2000-7918; FMCSA-2001-10578; FMCSA-
2003-15268; FMCSA-2003-15892; FMCSA-2005-21711; FMCSA-2005-22194;
FMCSA-2005-22727; FMCSA-2006-24783; FMCSA-2006-25246; FMCSA-2007-0017;
FMCSA-2007-26653; FMCSA-2007-27897; FMCSA-2009-0154; FMCSA-2009-0303;
FMCSA-2010-0082; FMCSA-2011-0142; FMCSA-2011-0189; FMCSA-2011-0275;
FMCSA-2011-0298; FMCSA-2011-0299; FMCSA-2011-26690; FMCSA-2013-0027;
FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2013-0165; FMCSA-2013-0166;
FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2013-0170]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
120 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these commercial motor vehicle (CMV) drivers.

DATES: Each group of renewed exemptions are effective from the dates
stated in the discussions below. Comments must be received on or before
January 25, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-1999-
6156; FMCSA-2000-7918; FMCSA-2001-10578; FMCSA-2003-15268; FMCSA-2003-
15892; FMCSA-2005-21711; FMCSA-2005-22194; FMCSA-2005-22727; FMCSA-
2006-24783; FMCSA-2006-25246; FMCSA-2007-0017; FMCSA-2007-26653; FMCSA-
2007-27897; FMCSA-2009-0154; FMCSA-2009-0303; FMCSA-2010-0082; FMCSA-
2011-0142; FMCSA-2011-0189; FMCSA-2011-0275; FMCSA-2011-0298; FMCSA-
2011-0299; FMCSA-2011-26690; FMCSA-2013-0027; FMCSA-2013-0029; FMCSA-
2013-0030; FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-2013-0167; FMCSA-
2013-0168; FMCSA-2013-0169; FMCSA-2013-0170], using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical
Programs Division, Medical Programs Division,<PHONE_NUMBER>,
<EMAIL_ADDRESS>FMCSA, Department of Transportation, 1200 New
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office
hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except
Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 120 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 120 applications for renewal on their merits and
decided to extend each exemption for a renewable two-year period. Each
individual is identified according to the renewal date.
    The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provides a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file and retains a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. The following group(s) of
drivers will receive renewed exemptions effective in the month of
January and are discussed below.
    As of January 3, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 41 individuals have satisfied the conditions
for obtaining a renewed exemption from the vision requirements (64 FR
54948; 65 FR 159; 66 FR 53826; 66 FR 66966; 66 FR 66969; 68 FR 69432;
68 FR 69434; 70 FR 53412; 70 FR 57353; 70 FR 72689; 70 FR 74102; 71 FR
32183; 71 FR 41310; 71 FR 644; 72 FR 180; 72 FR 8417; 72 FR 9397; 72 FR
36099; 72 FR 39879; 72 FR 52419; 72 FR 62897; 72 FR 71995; 73 FR 60398;
74 FR 8302; 74 FR 34394; 74 FR 37295; 74 FR 41971; 74 FR 48343; 74 FR
60021; 74 FR 65847; 75 FR 25917; 75 FR 39727; 76 FR 12216; 76 FR 34135;
76 FR 49528; 76 FR 53708; 76 FR 54530; 76 FR 55465; 76 FR 61143; 76 FR
64169; 76 FR 64171; 76 FR 67246; 76 FR 70210; 76 FR 70212; 76 FR 75942;
76 FR 75943; 76 FR 79760; 78 FR 24798; 78 FR 34143; 78 FR 41975; 78 FR
46407; 78 FR 47818; 78 FR 52602; 78 FR 56986; 78 FR 62935; 78 FR 63302;
78 FR 63307; 78 FR 64274; 78 FR 65032; 78 FR 66099; 78 FR 67452; 78 FR
67460; 78 FR 76395; 78 FR 76705; 78 FR 77778; 78 FR 77780; 78 FR 77782;
78 FR 78477):

Terry L. Baker (KY)
Woodrow E. Bohley (MO)
Jason W. Bowers (OR)
Scott Brady (FL)
Kenneth E. Bross (MO)
Junior Chavarria (NM)
William Chisley (MD)
Walter F. Crean, III (CT)
Terry D. Elliott (TN)
Ronnie J. Fieck (WI)
Frederick E. Foster (VA)
Gerald W. Fox (PA)
Raymond L. Herman (NY)
Wesley V. Holland (NC)
Darryl H. Johnson (WV)
Carol Kelly (IN)
Martin D. Keough (NY)
Richard H. Kind (WA)
Eric L. Kinner (NY)
Volga Kirkwood (MO)
Richard L. Loeffelholz (WI)
Stanley B. Marshall (GA)
Herman C. Mash (NC)
James McCleary (OH)
Humberto Mendoza (TX)
Marvin L. Motes (FL)
Gerald L. Pagan (NC)
Daniel F. Perez (CA)
Robert G. Rascicot (FL)
Michael J. Robinson (WV)
Glen M. Schulz (IA)
Levi A. Shetler (OH)
Herbert W. Smith (WV)
Juan E. Sotero (FL)
James A. Spell (MD)
Timothy R. Steckman (IL)
Paul D. Stoddard (NY)
Harry J. Stoever, Jr. (NJ)
Eric Taniguchi (HI)
Benny R. Toothman (PA)
Stephen H. Ward (MO)

    The drivers were included in one of the following dockets: Docket
Nos. FMCSA-1999-6156; FMCSA-2001-10578; FMCSA-2005-22194; FMCSA-2006-
24783; FMCSA-2006-25246; FMCSA-2007-26653; FMCSA-2007-27897; FMCSA-
2009-0154; FMCSA-2010-0082; FMCSA-2011-0142; FMCSA-2011-0189; FMCSA-
2011-26690; FMCSA-2013-0027; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-
2013-0165; FMCSA-2013-0166; FMCSA-2013-0168; FMCSA-2013-0169. Their
exemptions are effective as of January 3, 2016 and will expire on
January 3, 2018.
    As of January 5, 2016 and in accordance with 49 U.S.C. 31136(e) and
31315, the following 3 individuals have satisfied the conditions for
obtaining a renewed exemption from the vision requirements (76 FR
70213; 77 FR 541; 78 FR 74223):

Michael P. Eisenreich (MN)
John T. Thor (MN)
George G. Ulferts, Jr. (IA)

    The drivers were included in one of the following dockets: Docket
No. FMCSA-2011-0298. Their exemptions are effective as of January 5,
2016 and will expire on January 5, 2018.
    As of January 8, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 10 individuals have satisfied the conditions
for obtaining a renewed exemption from the vision requirements (72 FR
67340; 73 FR 1395; 74 FR 65845; 76 FR 78728; 78 FR 76704):

Richard D. Becotte (NH)
Wayne A. Burnett (NC)
Boleslaw Makowski (WI)
Charles M. Moore (TX)
Gary T. Murray (GA)
Anthony D. Ovitt (VT)
Martin Postma (IL)
Steven S. Reinsvold (WI)
George E. Todd (WV)
Bradley A. Weiser (OH)

    The drivers were included in one of the following dockets: Docket
No. FMCSA-2007-0017. Their exemptions are effective as of January 8,
2016 and will expire on January 8, 2018.

    As of January 9, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following individual, Juan R. Andrade (TX), has
satisfied the conditions for obtaining a renewed exemption from the
vision requirements (78 FR 64271; 79 FR 2748).
    The driver was included in the following docket: Docket No. FMCSA-
2013-0167. The exemption is effective as of January 9, 2016 and will
expire on January 9, 2018.
    As of January 15, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 15 individuals have satisfied the conditions
for obtaining a renewed exemption from the vision requirements (78 FR
64271; 79 FR 2748):

Ronald C. Ashley (GA)
Miguel A. Calderon (CA)
Terry L. Cliffe (IL)
Andrew S. Durward (IL)
James P. Fitzgerald (MA)
Louis E. Henry, Jr. (KY)
Adam S. Larson (CO)
Sally A. Leavitt (NV)
Glenn H. Lewis (OH)
Leonardo Lopez (NE)
Larry P. Magrath (MN)
Richard J. Pauxtis (OR)
Johnny L. Powell (MD)
Roy A. Whitaker (TX)
Sammy D. Wynn (GA)

    The drivers were included in one of the following dockets: Docket
No. FMCSA-2013-0167. Their exemptions are effective as of January 15,
2016 and will expire on January 15, 2018.
    As of January 24, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 7 individuals have satisfied the conditions
for obtaining a renewed exemption from the vision requirements (76 FR
64164; 76 FR 70213; 76 FR 73769; 77 FR 541; 77 FR 3547; 79 FR 2247):

Adam O. Carson (MS)
Marion J. Coleman, Jr. (KY)
Lex A. Fabrizio (UT)
Mark A. Ferris (IA)
Roger W. Hammack (AL)
Herman Martinez (NM)
Gilford J. Whittle (GA)

    The drivers were included in one of the following dockets: Docket
No. FMCSA-2011-0275; FMCSA-2011-0298; FMCSA-2011-0299. Their exemptions
are effective as of January 24, 2016 and will expire on January 24,
2018.
    As of January 27, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 13 individuals have satisfied the conditions
for obtaining a renewed exemption from the vision requirements (65 FR
66286; 66 FR 13825; 68 FR 10300; 68 FR 37197; 68 FR 52811; 68 FR 61860;
70 FR 41811; 70 FR 48797; 70 FR 48798; 70 FR 48799; 70 FR 48800; 70 FR
48801; 70 FR 57353; 70 FR 61165; 70 FR 71884; 70 FR 72689; 71 FR 4632;
72 FR 52422; 72 FR 58359; 72 FR 62897; 73 FR 1395; 73 FR 5259; 74 FR
60021; 74 FR 64124; 74 FR 65845; 75 FR 1451; 77 FR 545; 78 FR 78475):

Arthur L. Bousema (CA)
Norman E. Braden (CO)
Matthew W. Daggs (MO)
Donald R. Date, Jr. (MD)
Gordon R. Fritz (WI)
Ronald K. Fultz (KY)
John E. Kimmet, Jr. (WA)
Robert C. Leathers (MO)
Jason L. Light (ID)
Kenneth R. Murphy (WA)
Michael J. Richard (LA)
Robert E. Sanders (PA)
Robert A. Sherry (PA)

    The drivers were included in one of the following dockets: Docket
No. FMCSA-2000-7918; FMCSA-2003-15268; FMCSA-2003-15892; FMCSA-2005-
21711; FMCSA-2005-22194; FMCSA-2005-22727. Their exemptions are
effective as of January 27, 2016 and will expire on January 27, 2018.
    As of January 28, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 9 individuals have satisfied the conditions
for obtaining a renewed exemption from the vision requirements (74 FR
60022; 75 FR 4623; 77 FR 543; 78 FR 76707):

James J. Coffield (NM)
Roy E. Crayne (WA)
James A. Dubay (MI)
Donald E. Halvorson (NM)
Roger D. Kool (IA)
Phillip J.C. Locke (CO)
Brian T. Nelson (MN)
Christopher M. Rivera (NM)
Robert E. Whitney (IL)

    The drivers were included in one of the following dockets: Docket
No. FMCSA-2009-0303. Their exemptions are effective as of January 28,
2016 and will expire on January 28, 2018.
    As of January 29, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 21 individuals have satisfied the conditions
for obtaining a renewed exemption from the vision requirements (78 FR
67454; 79 FR 4803):

Calvin J. Barbour (NY)
Martin D. Bellcour (WI)
Walter A. Breeze (OH)
Donald G. Carstensen (IA)
Jamie D. Daniels (IA)
Mark A. Farnsley (IN)
Michael L. Fiamingo (PA)
Kenric J. Fields (DE)
Randall Hjelmtveit (MN)
Randy G. Kinney (IL)
Hector Marquez (TX)
Dennis R. Martinez (NM)
Fred A. Miller, Jr. (CA)
Joseph K. Parley (WI)
Robert L. Pearson (GA)
Ryan R. Ross (SC)
Troy M. Ruhlman (PA)
Hershel D. Volentine (LA)
Gary D. Vollertsen (CO)
David R. Webb, Jr. (IL)
Wesley A. Willis (NJ)

    The drivers were included in one of the following dockets: Docket
No. FMCSA-2013-0170. Their exemptions are effective as of January 29,
2016 and will expire on January 29, 2018.
    Each of the 120 applicants listed in the groups above has requested
renewal of the exemption and has submitted evidence showing that the
vision in the better eye continues to meet the requirement specified at
49 CFR 391.41(b)(10) and that the vision impairment is stable. In
addition, a review of each record of safety while driving with the
respective vision deficiencies over the past two years indicates each
applicant continues to meet the vision exemption requirements.
    These factors provide an adequate basis for predicting each
driver's ability to continue to drive safely in interstate commerce.
Therefore, FMCSA concludes that extending the exemption for each
renewal applicant for a period of two years is likely to achieve a
level of safety equal to that existing without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by January 25, 2016.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 120 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was made on the merits of each
case and made only after careful consideration of the comments received
to its notices of applications.

The notices of applications stated in detail the qualifications,
experience, and medical condition of each applicant for an exemption
from the vision requirements. That information is available by
consulting the above cited Federal Register publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket numbers FMCSA-1999-6156; FMCSA-
2000-7918; FMCSA-2001-10578; FMCSA-2003-15268; FMCSA-2003-15892; FMCSA-
2005-21711; FMCSA-2005-22194; FMCSA-2005-22727; FMCSA-2006-24783;
FMCSA-2006-25246; FMCSA-2007-0017; FMCSA-2007-26653; FMCSA-2007-27897;
FMCSA-2009-0154; FMCSA-2009-0303; FMCSA-2010-0082; FMCSA-2011-0142;
FMCSA-2011-0189; FMCSA-2011-0275; FMCSA-2011-0298; FMCSA-2011-0299;
FMCSA-2011-26690; FMCSA-2013-0027; FMCSA-2013-0029; FMCSA-2013-0030;
FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-2013-0167; FMCSA-2013-0168;
FMCSA-2013-0169; FMCSA-2013-0170 and click the search button. When the
new screen appears, click on the blue ``Comment Now!'' button on the
right hand side of the page. On the new page, enter information
required including the specific section of this document to which each
comment applies, and provide a reason for each suggestion or
recommendation. If you submit your comments by mail or hand delivery,
submit them in an unbound format, no larger than 8\1/2\ by 11 inches,
suitable for copying and electronic filing. If you submit comments by
mail and would like to know that they reached the facility, please
enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
FMCSA-1999-6156; FMCSA-2000-7918; FMCSA-2001-10578; FMCSA-2003-15268;
FMCSA-2003-15892; FMCSA-2005-21711; FMCSA-2005-22194; FMCSA-2005-22727;
FMCSA-2006-24783; FMCSA-2006-25246; FMCSA-2007-0017; FMCSA-2007-26653;
FMCSA-2007-27897; FMCSA-2009-0154; FMCSA-2009-0303; FMCSA-2010-0082;
FMCSA-2011-0142; FMCSA-2011-0189; FMCSA-2011-0275; FMCSA-2011-0298;
FMCSA-2011-0299; FMCSA-2011-26690; FMCSA-2013-0027; FMCSA-2013-0029;
FMCSA-2013-0030; FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-2013-0167;
FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2013-0170 and click ``Search.''
Next, click ``Open Docket Folder'' and you will find all documents and
comments related to the proposed rulemaking.

    Issued on: December 17, 2015.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-32362 Filed 12-23-15; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 83, Number 113 (Tuesday, June 12, 2018)]
[Rules and Regulations]
[Pages 27291-27296]
[FR Doc No: 2018-12628]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[EPA-HQ-TRI-2016-0222; FRL-9979-16]
RIN 2070-AK15

Addition of Nonylphenol Ethoxylates Category; Community Right-to-
Know Toxic Chemical Release Reporting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is adding a nonylphenol ethoxylates (NPEs) category to the
list of toxic chemicals subject to reporting under section 313 of the
Emergency Planning and Community Right-to-Know Act (EPCRA) and section
6607 of the Pollution Prevention Act (PPA). EPA is adding this chemical
category to the EPCRA section 313 list because EPA has determined that
NPEs meet the EPCRA section 313(d)(2)(C) toxicity criteria.
Specifically, EPA has determined that short-chain NPEs are highly toxic
to aquatic organisms and longer chain NPEs, while not as toxic as
short-chain NPEs, can break down in the environment to short-chain NPEs
and nonylphenol, both of which are highly toxic to aquatic organisms.

DATES:
    Effective date: This final rule is effective November 30, 2018.
    Applicability date: This final rule will apply for the reporting
year beginning January 1, 2019 (reports due July 1, 2020).

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-TRI-2016-0222. All documents in the docket are listed on
http://www.regulations.gov. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the internet and will be publicly available only in hard copy
form. Publicly available docket materials are available electronically
through http://www.regulations.gov. Additional instructions on visiting
the docket, along with more information about dockets generally, is
available at http://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Daniel R. Bushman, Toxics
Release Inventory Program Division (7410M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 566-0743; email: [email protected].
    For general information contact: The Emergency Planning and
Community Right-to- Know Hotline; telephone numbers: toll free at (800)
424-9346 (select menu option 3) or<PHONE_NUMBER> in the Washington, DC
Area and International; or go to https://www.epa.gov/home/epa-hotlines.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture,
process, or otherwise use NPEs. 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:
     Facilities included in the following NAICS manufacturing
codes (corresponding to Standard Industrial Classification (SIC) codes
20 through 39): 311*, 312*, 313*, 314*, 315*, 316, 321, 322, 323*, 324,
325*, 326*, 327, 331, 332, 333, 334*, 335*, 336, 337*, 339*, 111998*,
211130*, 212324*, 212325*, 212393*, 212399*, 488390*, 511110, 511120,
511130, 511140*, 511191, 511199, 512230*, 512250*, 519130*, 541713*,
541715* or 811490*. *Exceptions and/or limitations exist for these
NAICS codes.
     Facilities included in the following NAICS codes
(corresponding to SIC codes other than SIC codes 20 through 39):
212111, 212112, 212113 (corresponds to SIC code 12, Coal Mining (except
1241)); or 212221, 212222, 212230, 212299 (corresponds to SIC code 10,
Metal Mining (except 1011, 1081, and 1094)); or 221111, 221112, 221113,
221118, 221121, 221122, 221330 (limited to facilities that combust coal
and/or oil for the purpose of generating power for distribution in
commerce) (corresponds to SIC codes 4911, 4931, and 4939, Electric
Utilities); or 424690, 425110, 425120 (limited to facilities previously
classified in SIC code 5169, Chemicals and Allied Products, Not
Elsewhere Classified); or 424710 (corresponds to SIC code 5171,
Petroleum Bulk Terminals and Plants); or 562112 (limited to facilities
primarily engaged in solvent recovery services on a contract or fee
basis (previously classified under SIC code 7389, Business Services,
NEC)); or 562211, 562212, 562213, 562219, 562920

(limited to facilities regulated under the Resource Conservation and
Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.) (corresponds to SIC
code 4953, Refuse Systems).
     Federal facilities.
    To determine whether your facility would be affected by this
action, you should carefully examine the applicability criteria in part
372, subpart B of Title 40 of the Code of Federal Regulations. If you
have questions regarding the applicability of this action to a
particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.

B. What action is the Agency taking?

    EPA is adding a NPEs category to the list of toxic chemicals
subject to reporting under EPCRA section 313 and PPA section 6607. EPA
is adding this chemical category to the EPCRA section 313 list because
EPA believes NPEs meet the EPCRA section 313(d)(2)(C) toxicity
criteria.

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

    This action is issued under EPCRA sections 313(d) and 328, 42
U.S.C. 11023 et seq., and PPA section 6607, 42 U.S.C. 13106. EPCRA is
also referred to as Title III of the Superfund Amendments and
Reauthorization Act of 1986.
    Section 313 of EPCRA, 42 U.S.C. 11023, requires certain facilities
that manufacture, process, or otherwise use listed toxic chemicals in
amounts above reporting threshold levels to report their environmental
releases and other waste management quantities of such chemicals
annually. These facilities must also report pollution prevention and
recycling data for such chemicals, pursuant to section 6607 of the PPA,
42 U.S.C. 13106. Congress established an initial list of toxic
chemicals that was comprised of 308 individually listed chemicals and
20 chemical categories.
    EPCRA section 313(d) authorizes EPA to add or delete chemicals from
the list and sets criteria for these actions. EPCRA section 313(d)(2)
states that EPA may add a chemical to the list if any of the listing
criteria in EPCRA section 313(d)(2) are met. Therefore, to add a
chemical, EPA must demonstrate that at least one criterion is met, but
need not determine whether any other criterion is met. Conversely, to
remove a chemical from the list, EPCRA section 313(d)(3) dictates that
EPA must demonstrate that none of the criteria in ECPRA section
313(d)(2) are met. The listing criteria in EPCRA section 313(d)(2)(A)-
(C) are as follows:
     The chemical is known to cause or can reasonably be
anticipated to cause significant adverse acute human health effects at
concentration levels that are reasonably likely to exist beyond
facility site boundaries as a result of continuous, or frequently
recurring, releases.
     The chemical is known to cause or can reasonably be
anticipated to cause in humans: Cancer or teratogenic effects, or
serious or irreversible reproductive dysfunctions, neurological
disorders, heritable genetic mutations, or other chronic health
effects.
     The chemical is known to cause or can be reasonably
anticipated to cause, because of its toxicity, its toxicity and
persistence in the environment, or its toxicity and tendency to
bioaccumulate in the environment, a significant adverse effect on the
environment of sufficient seriousness, in the judgment of the
Administrator, to warrant reporting under this section.
    EPA often refers to the EPCRA section 313(d)(2)(A) criterion as the
``acute human health effects criterion;'' the EPCRA section
313(d)(2)(B) criterion as the ``chronic human health effects
criterion;'' and the EPCRA section 313(d)(2)(C) criterion as the
``environmental effects criterion.''
    EPA published in the Federal Register of November 30, 1994 (59 FR
61432) (FRL-4922-2), a statement clarifying its interpretation of the
EPCRA section 313(d)(2) and (d)(3) criteria for modifying the EPCRA
section 313 list of toxic chemicals.

II. Summary of Proposed Rule

A. What chemical category did EPA propose to add to the EPCRA section
313 list of toxic chemicals?

    As discussed in the proposed rule of November 16, 2016 (81 FR
80624) (FRL-9951-01), EPA proposed to add a NPEs category to the EPCRA
section 313 list of toxic chemicals. NPEs are nonionic surfactants
containing a branched nine-carbon alkyl chain bound to phenol and a
chain of repeating ethoxylate units
(C9H19C6H4(OCH2CH
2)nOH). The number of repeating ethoxylate units
(n) can range from 1 to 100. NPEs were proposed to be listed as a
category that would include the thirteen NPEs that currently appear on
the Toxic Substances Control Act inventory (https://www.epa.gov/tsca-inventory). The NPEs category would be defined as Nonylphenol
Ethoxylates and would only include those chemicals covered by the
following Chemical Abstracts Service Registry Numbers (CASRNs):

[ssquf] 7311-27-5; Ethanol, 2-[2-[2-[2- (4-nonylphenoxy) ethoxy]
ethoxy]ethoxy]-
[ssquf] 9016-45-9; Poly(oxy-1,2-ethanediyl), [alpha]-(nonylphenyl)-
[omega]-hydroxy-
[ssquf] 20427-84-3; Ethanol, 2-[2-(4-nonylphenoxy)ethoxy]-
[ssquf] 26027-38-3; Poly(oxy-1,2-ethanediyl), [alpha]-(4-nonylphenyl)-
[omega]-hydroxy-
[ssquf] 26571-11-9; 3,6,9,12,15,18,21,24-Octaoxahexacosan-1-ol, 26-
(nonylphenoxy)-
[ssquf] 27176-93-8; Ethanol, 2-[2-(nonylphenoxy)ethoxy]-
[ssquf] 27177-05-5; 3,6,9,12,15,18,21-Heptaoxatricosan-1-ol, 23-
(nonylphenoxy)-
[ssquf] 27177-08-8; 3,6,9,12,15,18,21,24,27-Nonaoxanonacosan-1-ol, 29-
(nonylphenoxy)-
[ssquf] 27986-36-3; Ethanol, 2-(nonylphenoxy)-
[ssquf] 37205-87-1; Poly(oxy-1,2-ethanediyl), [alpha]-(isononylphenyl)-
[omega]-hydroxy-
[ssquf] 51938-25-1; Poly(oxy-1,2-ethanediyl), [alpha]-(2-nonylphenyl)-
[omega]-hydroxy-
[ssquf] 68412-54-4; Poly(oxy-1,2-ethanediyl), [alpha]-(nonylphenyl)-
[omega]-hydroxy-, branched
[ssquf] 127087-87-0; Poly(oxy-1,2-ethanediyl), [alpha]-(4-nonylphenyl)-
[omega]-hydroxy-, branched

B. What was EPA's rationale for proposing to list the NPEs category?

    As discussed in the proposed rule of November 16, 2016 (81 FR
80624) (FRL-9951-01), EPA proposed to add short-chain NPEs to the EPCRA
section 313 toxic chemical list because they are highly toxic to
aquatic organisms with toxicity values well below 1 mg/L. Therefore,
EPA believed that the evidence was sufficient for listing short-chain
NPEs on the EPCRA section 313 toxic chemical list pursuant to EPCRA
section 313(d)(2)(C) based on the available ecological toxicity data.
Long-chain NPEs, while not as toxic as short-chain NPEs, are known to
become more toxic as they degrade in the environment to produce
products that include highly toxic short-chain NPEs and nonylphenol.
Nonylphenol is even more toxic to aquatic organisms than short-chain
NPEs and was added to the EPCRA section 313 toxic chemical list based
on its toxicity to aquatic organisms of September 30, 2014 (79 FR
58686) (FRL-9915-59-OEI). As long-chain NPEs are a source of
degradation products that are highly toxic to aquatic organisms, EPA
believed that the evidence was also sufficient for listing long-chain
NPEs on the EPCRA section 313 toxic chemical list pursuant to

EPCRA section 313(d)(2)(C) based on the available ecological toxicity
and environmental fate data.
    EPA stated that it did not believe that it was appropriate to
consider exposure for chemicals that are highly toxic based on a hazard
assessment when determining if a chemical can be added for
environmental effects pursuant to EPCRA section 313(d)(2)(C) (see 59 FR
61440-61442). Therefore, in accordance with EPA's standard policy on
the use of exposure assessments (see November 30, 1994 (59 FR 61432)
(FRL-4922-2)), EPA stated that it did not believe that an exposure
assessment was necessary or appropriate for determining whether NPEs
meet the criteria of EPCRA section 313(d)(2)(C).

III. What comments did EPA receive on the proposed rule?

    EPA received six comments on the proposed rule to add a NPEs
category to the EPCRA section 313 list of toxic chemicals, three were
anonymously submitted (References (Refs.) 1, 2, and 3). The comments
received that were not anonymously submitted are from the following
groups, the Alkylphenols & Ethoxylates Research Council (APERC) (Ref.
4), American Coatings Association (ACA) (Ref. 5), and Women's Voices
for the Earth (Ref. 6). Two of the anonymous commenters supported the
listing as did the Women's Voices for the Earth. One anonymous
commenter only asked whether there were any exemptions or exceptions to
the rule given its particular low-level use of NPEs (Ref. 2). ACA's
comment requested that EPA delay the effective date of the final rule.
The only extensive comments received were submitted by APERC, which
opposes the listing based on their technical and legal interpretations.
Summaries of the most significant comments and EPA's response are
discussed here. The complete set of comments and EPA's detailed
responses can be found in the response to comments document in the
docket for this rulemaking (Ref. 7).
    APERC stated that long-chain NPEs are not ``highly toxic'' to the
aquatic environment, which EPA defined in the proposed rule and its
supporting documents as ecotoxicity values below aquatic concentrations
of 1 mg/L.
    As EPA has previously stated, when considering toxicity alone under
EPCRA 313(d)(2)(C), EPA typically limits it's consideration of highly
toxic to those chemicals that cause acute aquatic toxicity at about 1
mg/L or less and chronic aquatic toxicity at 0.1 mg/L or less (76 FR
64022, October 17, 2011). The purpose of these values is not to
determine which chemicals are toxic but rather to determine if exposure
should be part of EPA's listing decision per its established exposure
policy (59 FR 61432, November 30, 1994). However, these are not
absolute values and they do not preclude consideration of other factors
such as the environmental fate of the chemical. While not as toxic to
aquatic organisms as nonylphenol and short-chain NPEs, as noted by the
commenter, long-chain NPEs are still toxic to aquatic organisms. As EPA
cited in the proposed rule, the longer-chain NPEs are toxic to aquatic
organisms (Refs. 8 and 9). For an ethoxylate chain length of 5 reported
toxicity values include a LC50 (i.e., the concentration that
is lethal to 50% of test organisms) of 3.6 milligrams per liter (mg/L)
for Japanese killifish (Oryzias latipes) and LC50s of 2.4-
2.8 mg/L for bluegill sunfish (Lepomis macrochirus). For chain lengths
of 9, toxicity ranged from a LC50 of 1.2 mg/L for Mysidopsis
bahia to an EC50 (i.e., the concentration that is effective
in producing a sublethal response in 50% of test organisms) of 500 mg/L
for green algae. Chain lengths of 50 were less toxic, for example an
EC50 of >4,000 mg/L for emergence in mosquito larvae (Culex
pipiens) was reported. Analysis of data from Hall (Table 2, Ref. 8)
demonstrates a significant positive log-linear relationship between
nonylphenol ethoxylate chain length (1.5 to 50) and acute 48-hour
toxicity (LC50 values for 3 to 8-day old mysid shrimp (M.
bahia)). Shrimp LC50's ranged from 0.11 mg/L for an
ethoxylate chain length of 1.5 to greater than 4,110 mg/L for a chain
length of 50. In general, the data indicate that toxicity of NPEs
decreases as ethoxylate chain length increases, and vice versa. Because
longer chain NPEs break down to shorter chain NPEs in the environment,
they become more toxic. As noted in EPA's exposure policy, for
chemicals that are low to moderately ecotoxic, EPA may consider
exposure factors such as environmental fate (59 FR 61432, November 30,
1994). EPA's assessment of long-chain NPEs is that, depending on chain
length, they are low to moderately toxic to aquatic organisms but that
their environmental fate results in the formation of highly toxic
nonylphenol and short-chain NPEs.
    It is well documented that long-chain NPEs can readily degrade to
nonylphenol and short-chain NPEs and thus are a primary source of these
chemicals found in the environment (Ref. 10). As noted in the proposed
rule:

    Nonylphenol ethoxylate biodegradation products include shorter
chain NPEs and ethoxycarboxylates. (Refs. 9, 10, and 20).
Nonylphenol ethoxycarboxylates are NPEs that terminate with a
carboxylate group (-CO2H) rather than an alcohol group (-OH).
Although not commonly observed under aerobic conditions, nonylphenol
is a major metabolite of NPEs under anaerobic conditions (Refs. 9,
10, 21, 22, 23, 24, 25, 26, and 27) (81 FR 80626, November 16,
2016).

Releases of long-chain NPEs, therefore, are essentially releases of
both nonylphenol and short-chain NPEs which are highly toxic to aquatic
organisms. To ignore the available data on the environmental fate of
NPEs would underestimate the potential impact long-chain NPEs can have
on aquatic organisms.
    APERC stated that listing the long-chain NPEs on the basis that
they are a source of degradation products that are highly toxic to
aquatic organisms is not consistent with the statutory language in
EPCRA section 313(d)(2)(C). APERC stated that the language in EPCRA
section 313(d)(2)(C) is clear in stating that only the hazard of the
chemical to be listed is to be considered. APERC notes that the
statutory language specifies that significant adverse effects to the
environment should be based on a compound's toxicity, or its toxicity
and persistence or its toxicity and bioaccumulation. APERC stated that
the statutory language does not portend that listing of a chemical
should be based on its degradation pathways or the toxicity of its
degradation products. APERC also stated that where degradation
intermediates themselves represent the hazard of interest that hazard
is contingent on the conditions of disposal and treatment and
ultimately the occurrence of those degradants in emissions and the
receiving environment. They stated that disposal of long-chain NPEs in
one treatment scenario may generate degradation products of concern
whereas disposal in another treatment scenario may not generate any
degradants of concern. APERC noted that reporting is already required
for nonylphenol, which is the degradant of highest concern.
    As noted in the previous comment response, long-chain NPEs are
toxic to aquatic organisms and become more toxic as they degrade. In
the 1994 chemical expansion final rule EPA made the following
statements regarding degradation products:

    The EPCRA section 313(d)(2) listing criteria each state that EPA
may list a chemical that it determines ``causes or may reasonably be
anticipated to cause'' the relevant adverse human health or
environmental effects. EPA believes that this language allows EPA to
consider the effects

caused by the degradation products of a listed chemical. Where it
may reasonably be anticipated, based on available data, that the
listed chemical would readily degrade into another chemical that
would cause the adverse effect, EPA is acting reasonably and within
its grant of authority in listing the precursor to the toxic
degradation product (59 FR 61432, November 30, 1994).

EPA believes that the ``toxicity'' of a chemical includes the toxicity
of degradation products that are produced as a result of the chemical's
release to the environment. These degradation products are a direct
result of the chemical properties of the parent compound that determine
its environmental fate, and as such should be considered part of the
chemical's toxicity. As EPA has previously noted:

    Therefore, to meet its obligation under section 313(d)(2)(C), in
cases where a chemical is low or moderately ecotoxic, EPA may look
at certain exposure factors (including pollution controls, the
volume and pattern of production, use, and release, environmental
fate, as well as other chemical specific factors, and the use of
estimated releases and modeling techniques) to determine if listing
is reasonable, i.e., could the chemical ever be present at high
enough concentrations to cause a significant adverse effect upon the
environment to warrant listing under section 313(d)(2)(C) [emphasis
added] (59 FR 61432, November 30, 1994).

While the distribution and type of degradation products can vary based
on disposal and environmental conditions, the environmental data
clearly show that there are numerous disposal and environmental
conditions that result in the degradation of NPEs to short-chain NPEs
and nonylphenol (Ref. 4). Therefore, EPA has concluded that the long-
chain NPEs to be listed, like the short-chain NPEs in the category, can
reasonably be anticipated to cause a significant adverse effect on the
environment of sufficient seriousness to warrant reporting.
    APERC's statement that TRI reporting is already required for
nonylphenol, which is the degradant of highest concern, is irrelevant
to the issue of listing NPEs. The reports of releases of nonylphenol do
not provide any information related to the presence of nonylphenol in
the environment that results from the release and degradation of NPEs.
Nonylphenol was not listed because it is a degradation product of NPEs,
it is also used in the chemical industry, including as the starting
material for the production of NPEs. Since nonylphenol is used in the
chemical industry there is the potential for releases to the
environment. With regard to listing chemicals that are degradation
products, EPA has stated:

    If the degradation product meets the toxicity criteria of EPCRA
section 313, the precursor chemical may be considered for listing on
EPCRA section 313. The degradation product would not be considered
for listing on EPCRA section 313 because a facility subject to EPCRA
section 313 is only required to file a TRI report for a chemical
that it manufactures, processes, or otherwise uses, within the
facility boundaries (59 FR 1788, January 12, 1994).

If nonylphenol were present in the environment only as a degradation
product of releases of NPEs, EPA would not have added it to the EPCRA
section 313 toxic chemical list since no reports would have been filed.
    ACA requested that EPA adopt a January 1, 2020 effective date for
the addition of a NPEs category. ACA stated that their members require
sufficient lead time to ensure that all facilities are able to comply
with changes in regulations. ACA stated that even though some of their
industry members are already subject to reporting, a significant amount
of other industry members would now fall under the scope of the
proposed rule and have to comply. ACA claimed that the January 1, 2018
compliance date would not give their members adequate time to account
for and report NPEs under the regulations. ACA also stated that several
of their industry members are planning on reformulating their products
to lower or eliminate the use of designated NPEs altogether, rather
than become subject to the new reporting requirements. ACA stated that
those facilities intend to phase out the use of NPEs and replace them
with safer alternative chemicals, or lower their usage below the
reporting threshold. ACA noted that regardless of the reasoning,
reformulation takes a substantial amount of time and increases cost for
companies. ACA claims that therefore, their industry members need an
extended effective date of January 1, 2020 to reformulate their
products.
    EPCRA 313(d)(4) provides the timing for the effective date for a
change to the EPCRA section 313 list of toxic chemicals:

    (4) Effective Date.--Any revision made on or after January 1 and
before December 1 of any calendar year shall take effect beginning
with the next calendar year. Any revision made on or after December
1 of any calendar year and before January 1 of the next calendar
year shall take effect beginning with the calendar year following
such next calendar year.

If a rule is finalized by November 30 of a calendar year, then its
effective date is January 1 of the following year. However, reports for
that year are not due to EPA until July 1 of the following year, which
would be at least 19 months from the date the final rule was published.
Nineteen months should be more than enough time for facilities to make
reasonable estimates of releases and waste management quantities for
chemicals that they manufacture, process or otherwise use. The
commenter did not provide any information on how many facilities would
be new reporters under EPCRA section 313, however, EPA's economic
analysis estimated that only 8 facilities would be new reporters so
most facilities would be familiar with the reporting requirements (Ref.
11). Even when EPA added nearly 300 chemicals to the EPCRA section 313
chemical list, the effective date was not extended (note the final rule
was published in November 1994 with the first reports due July 1,
1996). The final rule for the addition of NPEs is being published
before November 30 of 2018, which makes the effective date for
reporting purposes January 1, 2019, with the first reports due July 1,
2020. This should be more than enough time for facilities to prepare
for reporting.
    Further, reports from facilities that choose to reformulate
products to lower or eliminate the use of NPEs would provide useful
information to data users, including industry stakeholders. A key
component of EPCRA section 313 reporting includes information on source
reduction activities that reduce the amount of any hazardous substance,
pollutant, or contaminant entering any waste stream or otherwise
released into the environment (including fugitive emissions) prior to
recycling, energy recovery, treatment, or disposal. Data that
demonstrates or fails to demonstrate anticipated downward trends
alongside information on activities conducted to phase out the use of
NPEs is information of high utility and can help spur other facilities
to reduce their use of NPEs.

IV. Summary of Final Rule

    EPA is finalizing the addition of a NPEs category to the EPCRA
section 313 list of toxic chemicals. EPA has determined that NPEs meet
the listing criteria under EPCRA section 313(d)(2)(C). The NPEs
category will be defined as: Nonylphenol Ethoxylates (This category
includes only those chemicals covered by the CAS numbers listed here):

[ssquf] 7311-27-5; Ethanol, 2-[2-[2-[2-(4-
nonylphenoxy)ethoxy]ethoxy]ethoxy]-
[ssquf] 9016-45-9; Poly(oxy-1,2-ethanediyl), [alpha]-(nonylphenyl)-
[omega]-hydroxy-
[ssquf] 20427-84-3; Ethanol, 2-[2-(4-nonylphenoxy)ethoxy]-

[ssquf] 26027-38-3; Poly(oxy-1,2-ethanediyl), [alpha]-(4-nonylphenyl)-
[omega]-hydroxy-
[ssquf] 26571-11-9; 3,6,9,12,15,18,21,24-Octaoxahexacosan-1-ol, 26-
(nonylphenoxy)-
[ssquf] 27176-93-8; Ethanol, 2-[2-(nonylphenoxy)ethoxy]-
[ssquf] 27177-05-5; 3,6,9,12,15,18,21-Heptaoxatricosan-1-ol, 23-
(nonylphenoxy)-
[ssquf] 27177-08-8; 3,6,9,12,15,18,21,24,27-Nonaoxanonacosan-1-ol, 29-
(nonylphenoxy)-
[ssquf] 27986-36-3; Ethanol, 2-(nonylphenoxy)-
[ssquf] 37205-87-1; Poly(oxy-1,2-ethanediyl), [alpha]-(isononylphenyl)-
[omega]-hydroxy-
[ssquf] 51938-25-1; Poly(oxy-1,2-ethanediyl), [alpha]-(2-nonylphenyl)-
[omega]-hydroxy-
[ssquf] 68412-54-4; Poly(oxy-1,2-ethanediyl), [alpha]-(nonylphenyl)-
[omega]-hydroxy-, branched
[ssquf] 127087-87-0; Poly(oxy-1,2-ethanediyl), [alpha]-(4-nonylphenyl)-
[omega]-hydroxy-, branched

V. References

    The following is a listing of the documents that are specifically
referenced in this document. The docket includes these documents and
other information considered by EPA, including documents that are
referenced within the documents that are included in the docket, even
if the referenced document is not itself physically located in the
docket. For assistance in locating these other documents, please
consult the person listed under FOR FURTHER INFORMATION CONTACT.

1. Anonymous public comment. November 16, 2016. EPA-HQ-TRI-2016-
0222-0139.
2. Anonymous public comment. November 17, 2016. EPA-HQ-TRI-2016-
0222-0140.
3. Anonymous public comment. December 6, 2016. EPA-HQ-TRI-2016-0222-
0143.
4. Comments submitted by Alkylphenols and Ethoxylates Research
Council (APERC). January 17, 2017. EPA-HQ-TRI-2016-0222-0144.
5. Comments submitted by Raleigh Davis, Assistant Director,
Environmental Health and Safety and Rhett Cash, Counsel, Government
Affairs, American Coatings Association (ACA). January 13, 2017. EPA-
HQ-TRI-2016-0222-0142.
6. Comments submitted by Alexandra Scranton, Director, Science and
Research, Women's Voices for the Earth. November 28, 2016. EPA-HQ-
TRI-2016-0222-0141.
7. USEPA, OPPT. Response to Comments Received on the November 16,
2016 Proposed Rule (81 FR 80624): Addition of Nonylphenol
Ethoxylates Category; Community Right-to-Know Toxic Chemical Release
Reporting. U.S. Environmental Protection Agency, Office of Pollution
Prevention and Toxics. May 31, 2018.
8. Hall, W.S., M.B. Patoczka, R.J. Mirenda, B.A. Porter, and E.
Miller. 1989. Acute toxicity of industrial surfactants to Mysidopsis
bahia. Arch. Environ. Contam. Toxicol. 18: 765-772. 44.
9. Servos, M.R. 1999. Review of the aquatic toxicity, estrogenic
responses and bioaccumulation of alkylphenols and alkylphenol
polyethoxylates. Water Qual. Res. J. Canada 34: 123-177.
10. USEPA, 2016. Chemistry and Environmental Fate of Nonylphenol
Ethoxylates (NPEs). May 10, 2016.
11. USEPA, OPPT. Economic Analysis of the Final Rule to Add
Nonylphenol Ethoxylates to the EPCRA Section 313 List of Toxic
Chemicals. March 21, 2017.

VI. What are the statutory and Executive Order reviews associated with
this action?

    Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review under Executive Orders 12866 (58 FR 51735, October 4, 1993)
and 13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act (PRA)

    This action does not contain any new information collection
requirements that require additional approval by OMB under the PRA, 44
U.S.C. 3501 et seq. OMB has previously approved the information
collection activities contained in the existing regulations and has
assigned OMB control numbers 2025-0009 and 2050-0078. Currently, the
facilities subject to the reporting requirements under EPCRA section
313 and PPA section 6607 may use either EPA Toxic Chemicals Release
Inventory Form R (EPA Form 1B9350-1), or EPA Toxic Chemicals Release
Inventory Form A (EPA Form 1B9350-2). The Form R must be completed if a
facility manufactures, processes, or otherwise uses any listed chemical
above threshold quantities and meets certain other criteria. For the
Form A, EPA established an alternative threshold for facilities with
low annual reportable amounts of a listed toxic chemical. A facility
that meets the appropriate reporting thresholds, but estimates that the
total annual reportable amount of the chemical does not exceed 500
pounds per year, can take advantage of an alternative manufacture,
process, or otherwise use threshold of 1 million pounds per year of the
chemical, provided that certain conditions are met, and submit the Form
A instead of the Form R. In addition, respondents may designate the
specific chemical identity of a substance as a trade secret pursuant to
EPCRA section 322, 42 U.S.C. 11042, 40 CFR part 350.
    OMB has approved the reporting and recordkeeping requirements
related to Forms A and R, supplier notification, and petitions under
OMB Control number 2025-0009 (EPA Information Collection Request (ICR)
No. 1363) and those related to trade secret designations under OMB
Control 2050-0078 (EPA ICR No. 1428). As provided in 5 CFR 1320.5(b)
and 1320.6(a), an Agency may not conduct or sponsor, and a person is
not required to respond to, a collection of information unless it
displays a currently valid OMB control number. The OMB control numbers
relevant to EPA's regulations are listed in 40 CFR part 9 or 48 CFR
chapter 15, and displayed on the information collection instruments
(e.g., forms, instructions).

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA, 5
U.S.C. 601 et seq. The small entities subject to the requirements of
this action are small manufacturing facilities. The Agency has
determined that of the 178 entities estimated to be impacted by this
action, 161 are small businesses; no small governments or small
organizations are expected to be affected by this action. All 161 small
businesses affected by this action are estimated to incur annualized
cost impacts of less than 1%. Thus, this action is not expected to have
a significant adverse economic impact on a substantial number of small
entities. A more detailed analysis of the impacts on small entities is
located in EPA's economic analysis (Ref. 11).

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. This action is not
subject to the requirements of UMRA because it contains no regulatory
requirements that might significantly or uniquely affect small
governments. EPA did not identify any small governments that would be
impacted by this action. EPA's economic analysis indicates that the

total cost of this action is estimated to be $619,627 in the first year
of reporting (Ref. 11).

E. Executive Order 13132: Federalism

    This action does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999). It will not 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.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This action
relates to toxic chemical reporting under EPCRA section 313, which
primarily affects private sector facilities. Thus, Executive Order
13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern environmental
health or safety risks that EPA has reason to believe may
disproportionately affect children, per the definition of ``covered
regulatory action'' in section 2-202 of the Executive Order. This
action is not subject to Executive Order 13045 because it does not
concern an environmental health risk or safety risk.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards and is
therefore not subject to considerations under section 12(d) of NTTAA,
15 U.S.C. 272 note.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994) because it does not establish an
environmental health or safety standard. This regulatory action adds an
additional chemical category to the EPCRA section 313 reporting
requirements; it does not have any impact on human health or the
environment. This action does not address any human health or
environmental risks and does not affect the level of protection
provided to human health or the environment. This action adds an
additional chemical category to the EPCRA section 313 reporting
requirements which provides information that government agencies and
others can use to identify potential problems, set priorities, and help
inform activities.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 372

    Environmental protection, Community right-to-know, Reporting and
recordkeeping requirements, and Toxic chemicals.

    Dated: June 6, 1018.
Charlotte Bertrand,
Acting Principal Deputy Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.

    Therefore, 40 CFR chapter I is amended as follows:

PART 372--[AMENDED]

0
1. The authority citation for part 372 continues to read as follows:

    Authority:  42 U.S.C. 11023 and 11048.

0
2. In Sec.  372.65, add alphabetically an entry for ``Nonylphenol
Ethoxylates (This category includes only those chemicals covered by the
CAS numbers listed here)'' to the table in paragraph (c) to read as
follows:

Sec.  372.65   Chemicals and chemical categories to which this part
applies.

* * * * *
    (c) * * *

------------------------------------------------------------------------
                    Category name                        Effective date
------------------------------------------------------------------------

                              * * * * * * *
Nonylphenol Ethoxylates (This category includes only              1/1/19
 those chemicals covered by the CAS numbers listed
 here)...............................................
    7311-27-5 Ethanol, 2-[2-[2-[2-(4-
     nonylphenoxy)ethoxy]ethoxy]ethoxy]-
    9016-45-9 Poly(oxy-1,2-ethanediyl), [alpha]-
     (nonylphenyl)-[omega]-hydroxy-
    20427-84-3 Ethanol, 2-[2-(4-nonylphenoxy)ethoxy]-
    26027-38-3 Poly(oxy-1,2-ethanediyl), [alpha]-(4-
     nonylphenyl)-[omega]-hydroxy-
    26571-11-9 3,6,9,12,15,18,21,24-Octaoxahexacosan-
     1-ol, 26- (nonylphenoxy)-
    27176-93-8 Ethanol, 2-[2-(nonylphenoxy)ethoxy]-
    27177-05-5 3,6,9,12,15,18,21-Heptaoxatricosan-1-
     ol, 23-(nonylphenoxy)-
    27177-08-8 3,6,9,12,15,18,21,24,27-
     Nonaoxanonacosan-1-ol, 29-(nonylphenoxy)-
    27986-36-3 Ethanol, 2-(nonylphenoxy)-
    37205-87-1 Poly(oxy-1,2-ethanediyl), [alpha]-
     (isononylphenyl)-[omega]-hydroxy-
    51938-25-1 Poly(oxy-1,2-ethanediyl), [alpha] (2-
     nonylphenyl)-[omega]-hydroxy-
    68412-54-4 Poly(oxy-1,2-ethanediyl), [alpha]-
     (nonylphenyl)-[omega]-hydroxy-, branched
    127087-87-0 Poly(oxy-1,2-ethanediyl), [alpha]-(4-
     nonylphenyl)-[omega]-hydroxy-, branched

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

[FR Doc. 2018-12628 Filed 6-11-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: October 17, 2007 (Volume 72, Number 200)]
[Notices]
[Page 58925-58926]
[DOCID:fr17oc07-126]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Noise Exposure Map Notice; Receipt of Noise Compatibility Program
and Request for Review, Cincinnati/Northern Kentucky International
Airport, Covington, KY

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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

SUMMARY: The Federal Aviation Administration (FAA) announces its
determination that the Noise Exposure Maps submitted by the Kenton
County Airport Board for Cincinnati/Northern Kentucky International
Airport under the provisions of 49 U.S.C. 47501 et seq. (Aviation
Safety and Noise Abatement Act) and 14 CFR Part 150 are in compliance
with applicable requirements. The FAA also announces that it is
reviewing a proposed Noise Compatibility Program that was submitted for
Cincinnati/Northern Kentucky International Airport under Part 150 in
conjunction with the Noise Exposure Map, and that this program will be
approved or disapproved on or before April 7, 2008.

EFFECTIVE DATE: The effective date of the FAA's determination on the
Noise Exposure Maps and of the start of its review of the associated
Noise Compatibility Program is October 9, 2007. The public comment
period ends December 8, 2007.

FOR FURTHER INFORMATION CONTACT: Peggy S. Kelley, Federal Aviation
Administration, 2862 Business Park Drive, Building G, Memphis,
Tennessee 38118-1555, telephone<PHONE_NUMBER>. Comments on the proposed
Noise Compatibility Program should also be submitted to the above
office.

SUPPLEMENTARY INFORMATION: This Notice announces that the FAA finds
that the Noise Exposure Maps submitted for Cincinnati/Northern Kentucky
International Airport are in compliance with applicable requirements of
Part 150, effective October 9, 2007. Further, FAA is reviewing a
proposed Noise Compatibility Program for that Airport which will be
approved or disapproved on or before April 7, 2008. This notice also
announces the availability for this Program for public review and
comment.
    Under 49 U.S.C. 47503 (the Aviation and Noise Abatement Act, (the
Act)) an airport operator may submit to the FAA Noise Exposure Maps
which meet applicable regulations and which depict non-compatible land
uses as of the date of submission of such maps, a description of
projected aircraft operations, and the ways in which such operations
will affect such maps. The Act requires such maps to be developed in
consultation with interested and affected parties in the local
community, government agencies, and persons using the airport.
    An airport operator who has submitted Noise Exposure Maps that are
found by FAA to be in compliance with the requirements of Part 150,
promulgated pursuant to the Act, may submit a Noise Compatibility
Program for FAA approval which sets forth the measures the operator has
taken or proposes to take to reduce existing non-compatible uses and
prevent the introduction of additional non-compatible uses.
    The Kenton County Airport Board submitted to the FAA on February
21, 2007, Noise Exposure Maps, descriptions and other documentation
that were produced during the Cincinnati/Northern Kentucky
International Airport FAR Part 150 Noise Compatibility Study conducted
between December 2003 and December 2006. It was requested that the FAA
review this material as the Noise Exposure Maps, as described in
Section 47503 of the Act, and that the noise mitigation measures, to be
implemented jointly by the airport and surrounding communities, be
approved as a Noise Compatibility Program under Section 47504 of the
Act.
    The FAA has completed its review of the Noise Exposure Maps and
related

descriptions submitted by Kenton County Airport Board. The specific
documentation determined to constitute the Noise Exposure Maps
includes: NEM-1 Existing (2006) Noise Exposure Map and Exhibit NEM-2
Future (2011) Noise Exposure Map/Noise Compatibility Program; Exhibit
2-1, Airport Environs; Exhibit 2-3, Generalized Existing Land Use;
Exhibit 2-4 Existing Noise Sensitive Public Facilities; Exhibit 3-1
Existing (2006) Baseline Noise Exposure Contour; Exhibit 3-2 Future
2011 Baseline Noise Exposure Contour; Exhibit 3-3 Comparison of
Existing (2006) Baseline and Future (2011) Baseline Noise Exposure
Contours; Exhibit 4-1, Existing and Recommended Departure Corridors;
Exhibit 4-2 Existing and Recommended Runup Locations; Exhibit 4-3, 36R
Proposed Departure; Exhibit 4-6 2011 NEM/NCP Noise Exposure Contour
compared to Future (2011) Baseline Noise Exposure contour; Table 4-2,
Comparison of Baseline and NCP Housing, Population and Noise-Sensitive
Public Facility Incompatibilities; Exhibit 4-7 Future (2006) NCP Noise
Exposure Contour with 60 DNL; and Exhibit 4-8, Future (2011) NCP Noise
Exposure Contour with 60 DNL description. The FAA has determined that
these maps for Cincinnati/Northern Kentucky International Airport are
in compliance with applicable requirements. This determination is
effective on October 9, 2007. FAA's determination on the airport
operator's Noise Exposure Maps is limited to a finding that the maps
were developed in accordance with the procedures contained in Appendix
A of FAR Part 150. Such determination does not constitute approval of
the airport operator's data, information or plans, or a commitment to
approve a Noise Compatibility Program or to fund the implementation of
that Program.
    If questions arise concerning the precise relationship of specific
properties to noise exposure contours depicted on a Noise Exposure Map
submitted under Section 47503 of the Act, it should be noted that the
FAA is not involved in any way in determining the relative locations of
specific properties with regard to the depicted noise exposure
contours, or in interpreting the Noise Exposure Maps to resolve
questions concerning, for example, which properties should be covered
by the provisions of Section 47506 of the Act. These functions are
inseparable from the ultimate land use control and planning
responsibilities of local government. These local responsibilities are
not changes in any way under Part 150 or through FAA's review of Noise
Exposure Maps. Therefore, the responsibility for the detailed
overlaying of noise exposure contours onto the map depicting properties
on the surface rests exclusively with the airport operator that
submitted those maps, or with those public agencies and planning
agencies with which consultation is required under Section 47503 of the
Act. The FAA has relied on the certification by the airport operator,
under Section 150.21 of Part 150, that the statutorily required
consultation has been accomplished.
    The FAA has formally received the Noise Compatibility Program for
Cincinnati/Northern Kentucky International Airport, also effective on
October 9, 2007. Preliminary review of the submitted material indicates
that it conforms to the requirements for the submittal of Noise
Compatibility Programs, but that further review will be necessary prior
to approval or disapproval of the program. The formal review period,
limited by law to a maximum of 180 days, will be completed on or before
April 7, 2008.
    The FAA's detailed evaluation will be conducted under the
provisions of Part 150, Section 150.33. The primary considerations in
the evaluation process are whether the proposed measures may reduce the
level of aviation safety, create an undue burden on interstate or
foreign commerce, or be reasonably consistent with obtaining the goal
of reducing existing non-compatible land uses and preventing the
introduction of additional non-compatible land uses.
    Interested persons are invited to comment on the proposed program
with specific reference to these factors. All comments, other than
those properly addressed to local land use authorities, will be
considered by the FAA to the extent practicable. Copies of the Noise
Exposure Maps, the FAA's evaluation of the maps, and the proposed Noise
Compatibility Program are available for examination at the following
locations: Federal Aviation Administration, Memphis Airports District
Office, 2862 Business Park Drive, Building G, Memphis, Tennessee 38118-
1555; Kenton County Airport Board, Cincinnati/Northern Kentucky
Airport, Second Floor, Terminal One, Hebron, Kentucky.
    Questions may be directed to the individual named above under the
heading, FOR FURTHER INFORMATION CONTACT.

    Issued in Memphis, Tennessee, October 9, 2007.
Phillip J. Braden,
Manager, Memphis Airports District Office.
[FR Doc. 07-5102 Filed 10-16-07; 8:45 am]

BILLING CODE 4910-13-M


 [Federal Register: August 26, 2008 (Volume 73, Number 166)] [ Notices]                [Page 50385-50388] [DOCID:fr26au08-106]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58396; File No. SR-NYSEArca-2008-86]

  Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing

of Proposed Rule Change Relating to Listing of the WisdomTree Dreyfus

Emerging Markets Fund

August 20, 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 August 11, 2008, NYSE Arca, Inc. (``NYSE Arca'' or

``Exchange''), through its wholly owned subsidiary, NYSE Arca Equities,

Inc. (``NYSE Arca Equities''), filed with the Securities and Exchange

Commission (``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 list and trade the shares of the following

fund of the WisdomTree Trust (the ``Trust'') under NYSE Arca Equities

Rule 8.600 (Managed Fund Shares): WisdomTree Dreyfus Emerging Markets

Fund (``Fund''). The shares of the Fund are collectively referred to

herein as the ``Shares.'' The text of the proposed rule change is

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

www.nyse.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, NYSE Arca included statements

concerning the purpose of, and basis for, the proposed rule change and

discussed

any comments it received on the proposed rule change. The text of those

statements may be examined at the places specified in Item IV below.

The Exchange has prepared summaries, set forth in sections A, B, and C

below, of the most significant parts of such statements.

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

Statutory Basis for, the Proposed Rule Change

1. Purpose

    The Exchange proposes to list and trade the Shares of the

WisdomTree Dreyfus Emerging Markets Fund under NYSE Arca Equities Rule

8.600, which governs the listing and trading of ``Managed Fund

Shares,'' on the Exchange.\3\ The Fund will be an actively managed

exchange traded fund. The Shares will be offered by the Trust, which

was established as a Delaware statutory trust on December 15, 2005. The

Trust is registered with the Commission as an investment company.\4\

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

    \3\ The Commission approved NYSE Arca Equities Rule 8.600 and

the listing and trading of certain funds of the PowerShares Actively

Managed Funds Trust on the Exchange pursuant to Rule 8.600 in

Securities Exchange Act Release No. 57619 (April 4, 2008) (SR-

NYSEArca-2008-25). The Commission approved listing and trading on

the Exchange of twelve other actively-managed funds of the

WisdomTree Trust in Securities Exchange Act Release No. 57801 (May

8, 2008), 73 FR 27878 (May 14, 2008) (SR-NYSEArca-2008-31).

    \4\ See Post-Effective Amendment No. 14 to Registration

Statement on Form N-1A for the Trust (File Nos. 333-132380 and 811-

21864) (the ``Registration Statement''). The descriptions of the

Fund and the Shares contained herein are based on information in the

Registration Statement.

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

Description of the Shares and the Fund

    WisdomTree Asset Management, Inc. (``WisdomTree Asset Management'')

is the investment adviser to the Fund.\5\ WisdomTree Asset Management

is not affiliated with any broker-dealer. The Bank of New York is the

administrator, custodian and transfer agent for the Fund. ALPS

Distributors, Inc. serves as the distributor for the Fund.\6\

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

    \5\ WisdomTree Investments, Inc. (``WisdomTree Investments'') is

the parent company of WisdomTree Asset Management.

    \6\ The Commission has issued an order granting certain

exemptive relief to the Trust under the Investment Company Act of

1940 (15 U.S.C. 80a-1) (``1940 Act''). See Investment Company Act

Release No. 28174 (February 27, 2008) (File No. 812-13470). In

compliance with Commentary .05 to NYSE Arca Equities Rule 8.600,

which applies to Managed Fund Shares based on an international or

global portfolio, the Trust's application for exemptive relief under

the 1940 Act states that the Fund will comply with the federal

securities laws in accepting securities for deposits and satisfying

redemptions with redemption securities, including that the

securities accepted for deposits and the securities used to satisfy

redemption requests are sold in transactions that would be exempt

from registration under the Securities Act of 1933 (15 U.S.C. 77a).

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

    The Fund seeks to earn current income reflective of money market

rates in emerging market currencies available to foreign investors, as

well as provide exposure to changes in the value of emerging market

currencies relative to the U.S. Dollar. Since the Fund's investment

objective has been adopted as a non-fundamental investment policy, the

Fund's investment objective may be changed without a vote of

shareholders.

    The Fund seeks to achieve its investment objective by investing in

short-term securities and instruments designed to provide exposure to

the currencies and money market rates of a specified set of emerging

market countries. The set of countries is selected and reconstituted on

annual basis with similar allocations to each country being established

(in U.S. Dollar terms) at the reconstitution date and consequently

reset each quarter. While the fund is actively managed, it will strive

to adhere to these general parameters in both currency selection and

approximate allocation, unless it is believed to be to the detriment of

the fund. The reconstitution and allocation is described in more detail

below.

    A basket of from 5 to 12 currencies is selected at least annually

from a pool of eligible currencies to provide a representative and

diversified proxy for developing market currencies relative to the U.S.

Dollar. Countries and their capital markets are first classified as

frontier, emerging, developing, and developed markets based on a number

of quantitative and qualitative factors to determine eligibility. Only

the currencies of countries and capital markets classified as

developing or emerging markets will be deemed eligible. The selection

of the constituent currencies is then driven by the liquidity and

tradability of the individual currencies, a country's economic and

capital market development, and optimizing regional and economic

diversification. The Fund attempts to invest in instruments that

provide exposure to the most liquid currencies in the geographical

regions in which the Fund invests. The Fund will seek to provide an

equally-weighted exposure to these currencies. The Fund will be

rebalanced on a quarterly basis to maintain this equal weighting. The

basket will be reconstituted each year following a similar

classification and selection process. Significant events, such as the

reclassification of a country's currency from developing to developed,

may cause the Fund to reconstitute its portfolio more frequently than

annually. At launch, the Fund initially will select a subset of the

following markets: Brazil, Chile, China, the Czech Republic, Hungary,

India, Malaysia, Mexico, Poland, Russia, South Africa, South Korea,

Taiwan, Turkey, and Thailand.\7\

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

    \7\ Data for the currencies of these countries is included in

the Bank for International Settlements Triennial Central Bank

Survey, December 2007 (``BIS Survey''). The Fund will invest in

instruments that provide exposure to currencies selected from the

top 42 currencies in the chart included in the BIS Survey

(``Currency distribution of foreign exchange turnover''), reflecting

the percentage share of average daily turnover for the applicable

month and year.

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

    In addition to using the BIS Survey to assess liquidity, the Fund's

portfolio managers also use information about transaction volume, bid-

ask spreads, and average transaction size in each currency and in

contracts and derivatives on such currencies to assess liquidity. This

information is obtained through market observation, through

subscription services and from publicly available sources.

    Because the market for money market instruments in these countries

generally is less liquid and accessible to foreign investors than

corresponding markets in more developed economies, the Fund intends to

achieve exposure to the applicable non-U.S. market(s) by investing

primarily in short term U.S. money market securities and also in

forward currency contracts and swaps. The combination of U.S. money

market securities with forward currency contracts and currency swaps is

designed to create a position economically similar to a money market

instrument denominated in a non-U.S. currency. A forward currency

contract is an agreement to buy or sell a specific currency at a future

date at a price set at the time of the contract. A currency swap is an

agreement between two parties to exchange one currency for another at a

future rate.\8\

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

    \8\ The Fund may pursue its objectives through direct

investments in money market instruments issued by entities in the

applicable non-U.S. country and denominated in the applicable non-

U.S. currency when WisdomTree Asset Management believes it is in the

best interest of the Fund to do so. The decision to secure exposure

directly or indirectly will be a function of, among other things,

market accessibility, credit exposure, and tax ramifications for

foreign investors. If the Fund pursues direct investment, eligible

investments will include short-term securities issued by the

applicable foreign government and its agencies or instrumentalities,

bank debt obligations and time deposits, bankers' acceptances,

commercial paper, short-term corporate debt obligations, mortgage-

backed securities, and asset-backed securities.

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

    The Fund generally will maintain a weighted average portfolio

maturity of

90 days or less and will not purchase any money market instrument with

a remaining maturity of more than 397 calendar days. The Fund will not

invest in non-U.S. equity securities.

    The Fund issues and redeems Shares on a continuous basis at net

asset value (``NAV'') \9\ only in large blocks of shares, typically

50,000 shares or more (``Creation Units''), in transactions with

authorized participants. Creations of the Fund are usually in exchange

for cash and redemptions are usually in exchange for a basket of U.S.

money market instruments and/or a designated amount of cash. Once

created, Shares of the Fund trade on the secondary market in amounts

less than a Creation Unit. For more information regarding the Shares

and the Fund, including investment strategies, risks, creation and

redemption procedures, fees, portfolio holdings disclosure policies,

distributions and taxes, see the Registration Statement.

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

    \9\ The NAV of the Fund's shares generally is calculated once

daily Monday through Friday as of the close of regular trading on

the New York Stock Exchange, generally 4:00 p.m. Eastern time (the

``NAV Calculation Time''). NAV per share is calculated by dividing

the Fund's net assets by the number of Fund shares outstanding. For

more information regarding the valuation of Fund investments in

calculating the Fund's NAV, see the Registration Statement.

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

Availability of Information

    The Fund's Web site (www.wisdomtree.com), which will be publicly

available prior to the public offering of Shares, will include a form

of the Prospectus for the Fund that may be downloaded. The Web site

will include additional quantitative information updated on a daily

basis, including, for the Fund: (1) The prior business day's reported

NAV, mid-point of the bid/ask spread at the time of calculation of such

NAV (the ``Bid/Ask Price''),\10\ and a calculation of the premium and

discount of the Bid/Ask Price against the NAV; and (2) data in chart

format displaying the frequency distribution of discounts and premiums

of the daily Bid/Ask Price against the NAV, within appropriate ranges,

for each of the four previous calendar quarters. On each business day,

before commencement of trading in Shares in the Core Trading Session

\11\ on the Exchange, the Trust will disclose on its Web site the

identities and quantities of the portfolio of securities and other

assets (the ``Disclosed Portfolio'') held by each Fund that will form

the basis for the Fund's calculation of NAV at the end of the business

day.\12\ The Web site and information will be publicly available at no

charge.

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

    \10\ The Bid/Ask Price of the Fund is determined using the

midpoint of the highest bid and the lowest offer on the Exchange as

of the time of calculation of such Fund's NAV. The records relating

to Bid/Ask Prices will be retained by the Fund and their service

providers.

    \11\ The Core Trading Session is 9:30 a.m. to 4 p.m. Eastern

time.

    \12\ Under accounting procedures followed by the Fund, trades

made on the prior business day (``T'') will be booked and reflected

in NAV on the current business day (``T+1''). Notwithstanding the

foregoing, portfolio trades that are executed prior to the opening

of the Exchange on any business day may be booked and reflected in

NAV on such business day. Accordingly, the Fund will be able to

disclose at the beginning of the business day the portfolio that

will form the basis for the NAV calculation at the end of the

business day.

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

    In addition, an estimated value, defined in Rule 8.600 as the

``Portfolio Indicative Value,'' that reflects an estimated intraday

value of the Fund's portfolio, will be disseminated. The Portfolio

Indicative Value will be based upon the current value for the

components of the Disclosed Portfolio and will be updated and

disseminated by the Exchange at least every 15 seconds during the Core

Trading Session on the Exchange through the facilities of the

Consolidated Tape Association. The dissemination of the Portfolio

Indicative Value, together with the Disclosed Portfolio, will allow

investors to determine the value of the underlying portfolio of the

Fund on a daily basis and to provide a close estimate of that value

throughout the trading day.

    Information regarding market price and volume of the Shares is and

will be continually available on a real-time basis throughout the day

on brokers' computer screens and other electronic services. The

previous day's closing price and trading volume information will be

published daily in the financial section of newspapers. Quotation and

last sale information for the Shares will be available via the

Consolidated Tape Association high-speed line.

Initial and Continued Listing

    The Shares will be subject to Rule 8.600(d), which sets forth the

initial and continued listing criteria applicable to Managed Fund

Shares. A minimum of 100,000 Shares will be required to be outstanding

at the commencement of trading. The Exchange states that this minimum

number of Shares required to be outstanding is comparable to

requirements that have been applied to previously listed series of

exchange-traded funds. The Exchange believes that the proposed minimum

number of Shares outstanding at the start of trading will be sufficient

to provide market liquidity. The Exchange represents that, for initial

and/or continued listing, the Shares must be in compliance with Rule

10A-3\13\ under the Exchange Act, as provided by NYSE Arca Equities

Rule 5.3.

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

    \13\ See 17 CFR 240.10A-3.

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

    The Exchange represents that it will obtain a representation (prior

to listing of the Fund) from the Trust that the NAV per Share will be

calculated daily and made available to all market participants at the

same time.

Trading Halts

    With respect to trading halts, the Exchange may consider all

relevant factors in exercising its discretion to halt or suspend

trading in the Shares of the Fund. Shares of the Funds will be halted

if the ``circuit breaker'' parameters in NYSE Arca Equities Rule 7.12

are reached. Trading may be halted because of market conditions or for

reasons that, in the view of the Exchange, make trading in the Shares

inadvisable. These may include: (1) The extent to which trading is not

occurring in the securities comprising the Disclosed Portfolio and/or

the financial instruments of the Fund; or (2) whether other unusual

conditions or circumstances detrimental to the maintenance of a fair

and orderly market are present. Trading in the Shares will be subject

to Rule 8.600(d)(2)(D), which sets forth circumstances under which

Shares of the Fund may be halted.

Trading Rules

    The Exchange deems the Shares to be equity securities, thus

rendering trading in the Shares subject to the Exchange's existing

rules governing the trading of equity securities. Shares will trade on

the NYSE Arca Marketplace from 4 a.m. to 8 p.m. Eastern time in

accordance with NYSE Arca Equities Rule 7.34 (Opening, Core, and Late

Trading Sessions). The Exchange has appropriate rules to facilitate

transactions in the Shares during all trading sessions. The minimum

trading increment for Shares on the Exchange will be $0.01.

Surveillance

    The Exchange intends to utilize its existing surveillance

procedures applicable to derivative products (which includes Managed

Fund Shares) to monitor trading in the Shares. The Exchange represents

that these procedures are adequate to properly monitor Exchange trading

of the Shares in all trading sessions and to deter and detect

violations of Exchange rules and applicable federal securities laws.

    The Exchange's current trading surveillance focuses on detecting

securities trading outside their normal patterns. When such situations

are detected, surveillance analysis follows and investigations are

opened, where appropriate, to review the behavior of all relevant

parties for all relevant trading violations.

    The Exchange may obtain information via the Intermarket

Surveillance Group (``ISG'') from other exchanges who are members of

the ISG.\14\

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

    \14\ For a list of the current members of ISG, see

www.isgportal.org. The Exchange notes that not all of the components

of the Disclosed Portfolio for the Fund may trade on exchanges that

are members of ISG.

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

    In addition, the Exchange also has a general policy prohibiting the

distribution of material, non-public information by its employees.

Information Bulletin

    Prior to the commencement of trading, the Exchange will inform its

ETP Holders in an Information Bulletin (``Bulletin'') of the special

characteristics and risks associated with trading the Shares.

Specifically, the Bulletin will discuss the following: (1) The

procedures for purchases and redemptions of Shares in Creation Unit

aggregations (and that Shares are not individually redeemable); (2)

NYSE Arca Equities Rule 9.2(a),\15\ which imposes a duty of due

diligence on its ETP Holders to learn the essential facts relating to

every customer prior to trading the Shares; (3) the risks involved in

trading the Shares during the Opening and Late Trading Sessions when an

updated Portfolio Indicative Value will not be calculated or publicly

disseminated; (4) how information regarding the Portfolio Indicative

Value is disseminated; (5) the requirement that ETP Holders deliver a

prospectus to investors purchasing newly issued Shares prior to or

concurrently with the confirmation of a transaction; and (6) trading

information.

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

    \15\ NYSE Arca Equities Rule 9.2(a) provides that an ETP Holder,

before recommending a transaction, must have reasonable grounds to

believe that the recommendation is suitable for the customer based

on any facts disclosed by the customer as to his other security

holdings and as to his financial situation and needs. Further, the

rule provides, with a limited exception, that prior to the execution

of a transaction recommended to a non-institutional customer, the

ETP Holder shall make reasonable efforts to obtain information

concerning the customer's financial status, tax status, investment

objectives, and any other information that the ETP Holder believes

would be useful to make a recommendation. See Securities Exchange

Act Release No. 54026 (June 21, 2006), 71 FR 36850 (June 28, 2006)

(SR-PCX-2005-115).

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

    In addition, the Bulletin will reference that the Fund is subject

to various fees and expenses described in the Registration Statement.

The Bulletin will discuss any exemptive, no-action, and interpretive

relief granted by the Commission from any rules under the Exchange Act.

The Bulletin will also disclose that the NAV for the Shares will be

calculated after 4 p.m. Eastern time each trading day.

2. Statutory Basis

    The basis under the Exchange Act for this proposed rule change is

the requirement under Section 6(b)(5)\16\ that an exchange have rules

that are designed to prevent fraudulent and manipulative acts and

practices, to promote just and equitable principles of trade, to remove

impediments to, and perfect the mechanism of a free and open market

and, in general, to protect investors and the public interest. The

Exchange believes that the proposed rule change will facilitate the

listing and trading of an additional type of exchange-traded product

that will enhance competition among market participants, to the benefit

of investors and the marketplace. In addition, the listing and trading

criteria set forth in Rule 8.600 are intended to protect investors and

the public interest.

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

    \16\ 15 U.S.C. 78f(b)(5).

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

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

    NYSE Arca does not believe that the proposed rule change will

impose any burden on competition that is not necessary or appropriate

in furtherance of the purposes of the Act.

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

Rule Change Received From Members, Participants or Others

    The Exchange has neither solicited nor received written comments on

the proposed rule change.

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

Commission Action

    Within 35 days of the date of publication of this notice in the

Federal Register or within such longer period (i) as the Commission may

designate up to 90 days of such date if it finds such longer period to

be appropriate and publishes its reasons for so finding or (ii) as to

which the Exchange consents, the Commission will:

    A. By order approve such proposed rule change, or

    B. Institute proceedings to determine whether the proposed rule

change should be disapproved.

IV. Solicitation of Comments

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

arguments concerning the foregoing, including whether the proposed rule

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

the following methods:

Electronic Comments

     Use the Commission's Internet comment form (www.sec.gov/

rules/sro.shtml ); or

     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSEArca-2008-86 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-NYSEArca-2008-86. 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 (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, 100 F Street, NE.,

Washington, DC 20549, on official business days between the hours of 10

a.m. and 3 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-NYSEArca-2008-86 and should

be submitted on or before September 16, 2008.

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

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

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

pursuant to delegated authority.\17\

Florence E. Harmon,

Acting Secretary.

 [FR Doc. E8-19708 Filed 8-25-08; 8:45 am]

BILLING CODE 8010-01-P