[Federal Register: December 21, 2007 (Volume 72, Number 245)]
[Notices]
[Page 72715-72719]
[DOCID:fr21de07-82]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8509-7; Docket ID No. EPA-HQ-ORD-2007-0664]

Integrated Risk Information System (IRIS); Announcement of 2008
Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for information.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is announcing
the IRIS 2008 agenda and requesting scientific information on health
effects that may result from exposure to the chemical substances on the
agenda, including assessments that EPA is starting this year. The
Integrated Risk Information System (IRIS) is an EPA database that
contains the Agency's scientific positions on human health effects that
may result from exposure to chemical substances in the environment.
Assessments currently in progress are listed in this notice.

DATES: While EPA is not expressly soliciting comments on this notice,
the Agency will accept information related to the substances included
herein. Please submit any information in accordance with the
instructions provided below.

ADDRESSES: Please submit relevant scientific information identified by
docket ID number EPA-HQ-ORD-2007-0664, online at http://www.regulations.gov
 (EPA's preferred method); by e-mail to<EMAIL_ADDRESS>mailed to Office of Environmental Information (OEI)

Docket (Mail Code: 2822T), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; or by hand delivery
or courier to EPA Docket Center, EPA West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday
through Friday, excluding legal holidays. Comments on a disk or CD-ROM
should be formatted in Word or as an ASCII file, avoiding the use of
special characters and any form of encryption, and may be mailed to the
mailing address above.

FOR FURTHER INFORMATION CONTACT: For information on the IRIS program,
contact Dr. Abdel-Razak Kadry, IRIS Program Director, National Center
for Environmental Assessment, (mail code: 8601D), Office of Research
and Development, U.S. Environmental Protection Agency, Washington, DC
20460; telephone:<PHONE_NUMBER>, facsimile:<PHONE_NUMBER>; or e-mail:
<EMAIL_ADDRESS>

    For general questions about access to IRIS, or the content of IRIS,
please call the IRIS Hotline at<PHONE_NUMBER> or send electronic mail
inquiries to<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    IRIS is a database of human health effects that may result from
exposure to various chemical substances found in the environment. (EPA
notes that information in the IRIS database has no preclusive effect
and does not predetermine the outcome of any rulemaking. When EPA uses
such information to support a rulemaking, the scientific basis for, and
the application of, that information are subject to comment.) IRIS
currently provides information on health effects associated with more
than 500 chemical substances.
    The database includes chemical-specific summaries of qualitative
and quantitative health information in support of the first two steps
of the risk assessment process, i.e., hazard identification and dose-
response evaluation. Combined with specific situational exposure
assessment information, the information in IRIS is an important source
in evaluating potential public health risks from environmental
contaminants.
    EPA's overall process for developing IRIS assessments consists of:
(1) Publication of an annual Federal Register announcement of EPA's
IRIS agenda and call for scientific information from the public on
selected chemical substances; (2) a comprehensive search of the current
scientific literature; (3) development of a draft IRIS health
assessment utilizing state of the art scientific methods and
guidelines; (4) internal EPA review of the draft assessment; (5)
interagency review of the draft assessment; (6) public comment followed
by independent external peer review of the draft assessment; (7) a
public external peer review meeting related to the draft assessment;
(8) preparation of a final IRIS assessment that reflects public
comments and independent expert review; (9) interagency review of the
final assessment; (10) EPA review and clearance of the final
assessment; and (11) posting of the final IRIS assessment on the IRIS
database (http://www.epa.gov/iris).

The IRIS Annual Agenda

    Each year, EPA develops a priority list of chemicals and an annual
agenda for the IRIS program and announces new assessments under review.
EPA uses five general criteria to set these priorities: (1) Potential
public health impact; (2) EPA statutory, regulatory, or program-
specific implementation needs; (3) availability of new scientific
information or methodology that might significantly change the current
IRIS information; (4) interest to other governmental agencies or the
public; and (5) availability of other scientific assessment documents
that could serve as a basis for an IRIS assessment. The decision to
assess any given chemical substance depends on available Agency
resources. Availability of risk assessment guidance, guidelines, and
science policy decisions may also have an impact on the timing of EPA's
decision to assess a chemical substance.
    EPA is soliciting public involvement in assessments on the IRIS
agenda, including new assessments starting in 2008. While EPA conducts
a thorough literature search for each chemical substance, there may be
unpublished studies or other primary technical sources that are not
available through the open literature. EPA would appreciate receiving
scientific information from the public during the information gathering
stage for the assessments listed in this notice. Interested persons
should provide scientific analyses, studies, and other pertinent
scientific information. While EPA is primarily soliciting information
on new assessments starting in 2008, the public may submit information
on any chemical substance at any time.
    This notice provides: (1) A list of IRIS assessments in progress;
(2) a list of new IRIS assessments starting in 2008; and (3)
instructions to the public for submitting scientific information to EPA
pertinent to the development of assessments.

Assessments in Progress

    The following assessments are underway. The status and planned
milestone dates for each assessment can be found on the IRIS Track
system, accessible from the IRIS database. All health endpoints due to
chronic exposure, cancer and noncancer, are being assessed unless
otherwise noted. For all endpoints assessed, both qualitative and
quantitative assessments are being developed where information is
available.

------------------------------------------------------------------------
           Substance name                           CAS No.
------------------------------------------------------------------------
acetaldehyde........................  75-07-0
acrylamide..........................  79-06-1
acrylonitrile.......................  107-13-1
antimony............................  7440-36-0
arsenic, inorganic..................  7440-38-2
asbestos............................  1332-21-4
benzo[a]pyrene......................  50-32-8
beryllium (cancer)..................  7440-41-7
bromobenzene........................  108-86-1
butyl benzyl phthalate..............  85-68-7
cadmium.............................  7440-43-9
carbon tetrachloride................  56-23-5
cerium oxide and cerium compounds...  1306-38-3
chlordecone (kepone)................  143-50-0
chloroethane........................  75-00-3
chloroform..........................  67-66-3
chloroprene.........................  126-99-8
cobalt..............................  7440-48-4
copper..............................  7440-50-8
dibutyl phthalate...................  84-74-2
1,2-dichlorobenzene.................  95-50-1
1,3-dichlorobenzene.................  541-73-1
1,4-dichlorobenzene.................  106-46-7
cis-1,2-dichloroethylene............  156-59-2
trans-1,2-dichloroethylene..........  156-60-5

dichloromethane (methylene chloride)  75-09-2
di(2-ethylhexyl)adipate.............  103-23-1
di(2-ethylhexyl)phthalate...........  117-81-7
1,4-dioxane.........................  123-91-1
ethanol.............................  64-17-5
ethyl tert-butyl ether..............  637-92-3
ethylbenzene........................  100-41-4
ethylene dichloride.................  107-06-2
ethylene glycol monobutyl ether.....  111-76-2
ethylene oxide (cancer).............  75-21-8
formaldehyde........................  50-00-0
hexachlorobutadiene.................  87-68-3
hexachloroethane....................  67-72-1
hexahydro-1,3,5-trinitro-triazine     121-82-4
 (RDX).
2-hexanone..........................  591-78-6
hydrogen cyanide....................  74-90-8
isopropanol.........................  67-63-0
methanol............................  67-56-1
methyl tert-butyl ether (MTBE)......  1634-04-4
mirex...............................  2385-85-5
naphthalene.........................  91-20-3
nickel (soluble salts)..............  (various)
nitrobenzene........................  98-95-3
pentachlorophenol...................  87-86-5
perfluorooctanoic acid--ammonium      3825-26-1
 salt.
perfluorooctane sulfonate--potassium  2795-39-3
 salt.
platinum............................  7440-06-4
polycyclic aromatic hydrocarbon       various
 (PAH) mixtures.
polybrominated diphenyl ethers
tetraBDE............................  5436-43-1
pentaBDE............................  60348-60-9
hexaBDE.............................  68631-49-2
decaBDE.............................  1163-19-5
polychlorinated biphenyls (PCBs)      1336-36-3
 (noncancer).
propionaldehyde.....................  123-38-6
refractory ceramic fibers...........  not applicable
styrene.............................  100-42-5
2,3,7,8-tetrachlorodibenzo-p-dioxin.  1746-01-6
    and related compounds...........  various
1,1,2,2-tetrachloroethane...........  79-34-5
tetrachloroethylene                   127-18-4
 (perchloroethylene).
tetrahydrofuran.....................  109-99-9
thallium............................  7440-28-0
trichloroacetic acid................  76-03-9
trichloroethylene...................  79-01-6
1,2,3-trichloropropane..............  96-18-4
uranium compounds...................  7440-61-1
vinyl acetate.......................  108-05-4
------------------------------------------------------------------------

    The following assessments were completed in FY2006 and FY2007: n-
hexane; phosgene; 1,1,1-trichloroethane; 2,2,4-trimethylpentane. The
following assessments are being withdrawn from the IRIS agenda at the
request of the EPA Office of Water: aldicarb, aldicarb sulfoxide, and
aldicarb sulfone. Assessments of these chemicals will be completed by
the EPA Office of Pesticide Programs. The following assessments are
being withdrawn by the EPA Office of Research and Development: acrolein
(acute), benzene (acute), ethylene oxide (acute), phosgene (acute),
hexachlorocyclopentadiene (acute), and hydrogen sulfide (acute).
    IRIS assessments for all substances listed as on-going assessments
will be provided on the IRIS Web site at http://www.epa.gov/iris as

they are completed. This publicly available Web site is EPA's primary
location for IRIS documents. In addition, external peer review drafts
of IRIS assessments are posted for public information and comment.
These drafts will continue to be accessible via the IRIS and NCEA Web
sites. Note that these drafts are intended for public information.

Information Requested on New Assessments for 2008

    EPA developed a list of priority chemicals for 2008 from
nominations from the EPA programs and from the public received in
response to the December 22, 2006, Federal Register notice requesting
public nominations (71 FR 77017). The following chemicals were
nominated and have been selected for inclusion in the IRIS agenda.

------------------------------------------------------------------------
          Substance name                           CAS No.
------------------------------------------------------------------------
alkylates.........................  various.
ammonia...........................  7664-41-7
tert-amyl methyl ether............  994-05-8

bisphenol A.......................  80-05-7
biphenyl..........................  92-52-4
n-butanol.........................  71-36-3
tert-butanol......................  75-65-0
carbonyl sulfide..................  463-58-1
chromium VI.......................  18540-29-9
diethyl phthalate.................  84-66-2
diisopropyl ether.................  108-20-3
4,4-dimethyl-3-oxahexane..........  919-94-8
hexabromocyclododecane (mixed       3194-55-6; 25637-99-4
 stereoisomers).
manganese.........................  7439-9
toxaphene (weathered).............  8001-35-2
1,2,4-trimethylbenzene............  95-63-6
1,3,5-trimethylbenzene............  108-67-8
tungsten..........................  7440-33-7
urea..............................  57-123-6
vanadium pentoxide................  1314-62-1
------------------------------------------------------------------------

    EPA is conducting literature searches for these chemicals in 2008.
Based on the results of the literature searches and as EPA resources
allow, assessments will be started for those chemicals with data that
may support development of one or more toxicity values.
    With this IRIS agenda announcement, EPA is starting a new process
to actively solicit information from the public at the beginning of
assessment development. As literature searches are completed, the
results will be posted on the IRIS Web site (http://www.epa.gov/iris).

The public is invited to review the literature search results and
submit additional information to EPA. Literature search results are
currently available at http://www.epa.gov/iris for tert-amyl methyl

ether, biphenyl, n-butanol, tert-butanol, carbonyl sulfide, diethyl
phthalate, diisopropyl ether, hexabromocyclodecane, weathered
toxaphene, tungsten, and urea. Additional literature searches will be
posted in batches as they are completed. Availability will be announced
in the Federal Register. Instructions on how to submit information are
provided below under General Information.
    While the annual prioritization process responds to the needs
expressed by IRIS users, EPA is also systematically updating the IRIS
database. On a cyclical basis, the IRIS Program conducts screening-
level reviews of the available scientific literature for all chemicals
in the IRIS database that are not under active reassessment. The
purpose of EPA's screening level review is to reach preliminary
determinations regarding the likelihood that a full reassessment based
on an evaluation of new health effects literature could potentially
result in significant changes to existing toxicity values or cancer
weight-of-evidence designations. The process consists of a preliminary
search and review of the literature through standard toxicological
bibliographic databases (titles and abstracts) and selected literature
compilations to identify new major studies that have become available
since the existing IRIS assessment was completed. The results of the
screening-level review for an IRIS chemical can be found on the IRIS
Web site (http://www.epa.gov/iris) by selecting the specific IRIS

Summary of Interest.
    EPA has started a program to systematically update assessments on
the IRIS database. This program addresses assessments that were
completed more than 10 years ago and have one or more toxicity values
for which new data or new methods of analysis have been identified that
could possibly change a toxicity value or a cancer weight-of-evidence
descriptor. EPA is developing a protocol for prioritizing and updating
these assessments.
    We continue to request the submission of any scientific information
that you would like EPA to consider in confirming the results of the
literature screening review and literature screen verification.
Instructions for submitting information are provided below.

General Information

    As of Monday, November 28, 2005, EPA's EDOCKET was replaced by the
Federal Docket Management System (FDMS), the new federal government-
wide system. FDMS was created to provide a single point of access to
all federal rulemaking activities. All materials previously found in
EDOCKET are now available on the internet at http://www.regulations.gov
.

A. How Can I Get Copies of Related Information?

    EPA has established an official public docket for this action under
Docket ID No. EPA-HQ-ORD-2007-0664. The official public docket is the
collection of materials that is available for public viewing at the
Office of Environmental Information (OEI) Docket in the EPA Docket
Center, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington,
DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.
    An electronic version of the public docket is available through
EPA's electronic public docket and comment system. EPA Dockets at
http://www.regulations.gov may be used to submit or view public

submissions, to access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once in the system, select
``search,'' then key in the appropriate docket identification number.
    It is important to note that EPA's policy is that public
submissions, whether submitted electronically or in paper, will be made
available for public viewing in EPA's electronic public docket as EPA
receives them and without change, unless the submission contains
copyrighted material, confidential business information (CBI), or other
information whose disclosure is restricted by statute. Information
claimed as CBI and other information whose disclosure is restricted by
statute are not included in the official public docket or in EPA's
electronic public docket. EPA's policy is that copyrighted material,
including copyrighted material contained in a public comment, will not
be placed in EPA's electronic public docket but will be available only
in printed, paper form in the official public docket. Although not all
docket

materials may be available electronically, you may still access any of
the publicly available docket materials through the EPA Docket Center.

B. How and to Whom Do I Submit Information?

    Information on chemical substances listed in this notice may be
submitted as provided in the ADDRESSES section. If you submit
electronic information, EPA recommends that you include your name,
mailing address, and an e-mail address or other contact information in
the body of your submission and with any disk or CD ROM you submit.
This ensures that you can be identified as the submitter of the
information and allows EPA to contact you in case EPA cannot read your
information due to technical difficulties or needs further information
on the substance of your submission. Any identifying or contact
information provided in the body of submitted information will be
included as part of the submission information that is placed in the
official public docket, and made available in EPA's electronic public
docket. If EPA cannot read your information due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your information.
    EPA's preferred method for receiving submissions is via EPA's
electronic public docket. The electronic public docket system is an
``anonymous access'' system, which means EPA will not know your
identity, e-mail address, or other contact information unless you
provide it in the body of your submission. In contrast to EPA's
electronic public docket, EPA's electronic mail (e-mail) system is not
an ``anonymous access'' system. If you send e-mail directly to the
docket without going through EPA's electronic public docket, your e-
mail address is automatically captured and included as part of the
submission that is placed in the official public docket, and made
available in EPA's electronic public docket.

    Dated: December 6, 2007.
Peter Preuss,
Director, National Center for Environmental Assessment.
[FR Doc. E7-24844 Filed 12-20-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: January 25, 2006 (Volume 71, Number 16)]
[Notices]
[Page 4138-4140]
[DOCID:fr25ja06-74]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0286; FRL-7744-4]

Notice of Filing of a Pesticide Petition for the Establishment of
an Exemption from the Requirement of a Regulation of a Pesticide
Chemical in or on Food Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the initial filing of a pesticide
petition proposing the establishment of an exemption from the
requirement of a regulation for residues of polybutylene (CAS Reg. No.
9003-28-5) in or on food commodities when used as an inert ingredient
in pesticide products.

DATES: Comments must be received on or before February 24, 2006.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2005-0286 and pesticide petition number (PP)
5E6958, by one of the following methods:
     http://www.regulations.gov/. Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Mail: Public Information and Records Integrity Branch
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
     Hand Delivery: Public Information and Records Integrity
Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, Rm. 119, Crystal Mall 2, 1801
S. Bell St., Arlington, VA, Attention: Docket ID number EPA-HQ-OPP-
2005-0286. The docket facility is open from 8:30 a.m. to 4 p.m., Monday
through

Friday, excluding legal holidays. The telephone number for the docket
facility is<PHONE_NUMBER>. Such deliveries are only accepted during
the Docket's normal hours of operation, and special arrangements should
be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2005-0286. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
at http://www.regulations.gov/, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov

or e-mail. The http://www.regulations.gov website is an ``anonymous access''

system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
http://www.regulations.gov, your e-mail address will be captured automatically

and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket, visit
the EPA Docket Center homepage at http://www.epa.gov/epahome/docket.htm/
.

     Docket: All documents in the docket are listed in the
http://www.regulation.gov index. Although listed in the index, some

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

Records Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs
(OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
2, 1801 S. Bell St., Arlington, VA. The docket facility is
open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the docket facility is (703) 305-
5805.

FOR FURTHER INFORMATION CONTACT: Bipin Gandhi, Registration Division,
(7505C), Office of Pesticide Programs, U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; (703)
308-8380; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

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

     1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of the

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

II. What Action is the Agency Taking?

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

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

New Exemption from Tolerance

    PP 5E6958. Miller Chemical and Fertilizer Corporation, P.O. Box
333,

Radio Road, Hanover, PA 17331, proposes to establish an exemption from
the requirement of a tolerance for residues of polybutylene (CAS Reg.
No. 9003-28-5) in or on food commodities when used as an inert
ingredient. Because this petition is a request for an exemption from
the requirement of a tolerance without numerical limitations, no
analytical method is required.

List of Subjects

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

    Dated: January 5, 2006.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 06-579 Filed 1-24-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Notices]
[Pages 64154-64157]
[FR Doc No: 2011-26670]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65523; File No. SR-NYSE-2011-49]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Deleting NYSE Rules 132A, 132B, and 132C, Adopting the Text of the
FINRA Rule 7400 Series, the Order Audit Trail System (``OATS'') Rules,
and Making Certain Conforming Changes

October 7, 2011.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that September 30, 2011, New York Stock Exchange LLC (``NYSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the Exchange. The
Exchange filed the proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \4\ and Rule 19b-
4(f)(6) \5\ thereunder. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to delete NYSE Rules 132A, 132B, and 132C,
adopt the text of the FINRA Rule 7400 Series, the Order Audit Trail
System (``OATS'') Rules, and make certain conforming changes. The text
of the proposed rule change is available at the Exchange, the
Commission's Public Reference Room, and http://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, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to delete NYSE Rules 132A, 132B, and 132C
(relating to the Exchange's ``Order Tracking System'' or ``OTS''),
adopt the text of the FINRA Rules 7400 Series, the OATS Rules, and make
certain conforming changes. The Exchange proposes this rule filing in
order to prevent the imposition of duplicative regulatory burdens on
Exchange member organizations that are also members of FINRA (``Dual
Members''). By adopting OATS, Dual Members will need to use only a
single system for recording order audit trail information, and will
only need to submit such information both for FINRA and Exchange OATS
requirements to FINRA, and will not need to make separate OATS
submissions to the Exchange.\6\
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    \6\ The proposed rule change would also require NYSE member
organizations that are not members of FINRA, which all meet the
definition of a Proprietary Trading Firm in proposed Rule 7410(p)
and which must currently comply with OTS, to also meet certain OATS
requirements. However, all NYSE non-FINRA members are currently
already a member [sic] of The NASDAQ Stock Market, Inc. (``NASDAQ'')
and therefore are already subject to substantially similar OATS
requirements by virtue of the NASDAQ membership. See NASDAQ Rule
6950 Series. Moreover, all such non-FINRA NYSE member organizations
have been receiving notices from the Exchange concerning upcoming
OATS requirements. See infra note 10.
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Background
    The Commission has recently approved amendments to the FINRA Rule
7400 Series to extend the OATS recording and reporting requirements to
all NMS stocks and to exclude certain firms that have limited trading
activities.\7\ The FINRA Rule 7400 Series imposes obligations on FINRA
members to record in electronic form and report to FINRA, on a daily
basis, certain information with respect to orders originated, received,
transmitted, modified, canceled, or executed by members in OTC equity
securities and equity securities listed and traded on NASDAQ. This
information is used by FINRA staff to conduct surveillance and
investigations of member firms for violations of FINRA rules and
federal securities laws.
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    \7\ See Securities Exchange Act Release No. 63311 (November 12,
2010), 75 FR 70757 (November 18, 2010) (SR-FINRA-2010-044) (``FINRA
Adopting Release'').
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    By extending the OATS requirements to all NMS stocks, all NYSE,
NYSE Amex LLC, and NYSE Arca, Inc.-listed securities will become
subject to the OATS requirement beginning October 17, 2011. As noted by
FINRA in its rule proposal, by capturing OATS information for all NMS
stocks, FINRA will be able to expand its existing surveillance patterns
to conduct more comprehensive cross-market surveillance,\8\ which is in
furtherance of the Exchange's outsourcing of its surveillance and other
regulatory functions to FINRA pursuant to a Regulatory Services
Agreement.
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    \8\ Id. at 70758.
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    The Exchange currently requires its member organizations to
maintain order information pursuant to Rule 132B, which is its OTS
rule. While the type of information required to be maintained pursuant
to OTS is substantially similar to the OATS requirements, member
organizations are required to maintain different systems to meet the
OTS and OATS requirements. Currently, Dual Members use OATS for NASDAQ-
listed securities and OTS for NYSE- and NYSE Amex Equities-listed
securities, and there is no duplication.
Proposed Rule Change
    Beginning October 17, 2011, Dual Members will become subject to the
new FINRA OATS requirements by virtue of their status as FINRA members.
Accordingly, by that date, Dual Members will need to update their
existing OATS systems to accommodate all NMS stocks, including NYSE-
listed securities.\9\ The Exchange proposes to harmonize its order
tracking rules with the FINRA OATS requirements in order to prevent
regulatory duplication for Dual Members. In particular, the Exchange's
proposal to adopt the OATS requirements will not require Dual Members
to program their OATS systems any differently than they are already
required to do so as a result of the FINRA OATS expansion. Moreover,
because FINRA provides regulatory services on behalf of the Exchange,
Dual Members would only need to report OATS information to FINRA once,
both to meet the FINRA and proposed Exchange OATS requirements.
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    \9\ FINRA has been actively working with all of its members,
including Dual Members, to provide technical specifications for
FINRA members to update their OATS systems to be compliant by the
October 17, 2011 deadline. See e.g., http://www.finra.org/Industry/Compliance/MarketTransparency/OATS/TechnicalSpecifications/.
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    With respect to NYSE member organizations that are not members of
FINRA, currently, all such member organizations are already members of
NASDAQ, which has certain OATS obligations for proprietary trading
firms under the NASDAQ Rule 6950 Series. The proposed OATS obligations
for NYSE member organizations that are not FINRA members are
substantially similar to the existing NASDAQ OATS requirements for the
same firms.
    The information required to be reported for member organizations
under OATS will be identical to the information required to be reported
under OTS. As with OTS, the information captured by OATS will continue
to be reported to FINRA and will be used for regulatory purposes only.
    Because the FINRA OATS requirements will now capture the same type
of information as the Exchange's OTS rules, the Exchange proposes to
replace its OTS rules with the OATS requirements by adopting the text
of the FINRA Rule 7400 Series as the NYSE Rule 7400 Series, with
certain changes.\10\ The Exchange believes that by retiring OTS and
adopting the OATS rules, the Exchange will further promote cross-market
surveillance, reduce duplicative regulatory burdens for Dual Members,
and enhance FINRA's ability to conduct surveillance and investigations
for the Exchange under the Regulatory Services Agreement.\11\
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    \10\ See FINRA Adopting Release at 70758 (noting the expectation
that Exchange would retire OTS upon the expansion of OATS to all NMS
securities). In anticipation of both FINRA's expansion of its OATS
requirements to all NMS stocks, including NYSE-listed securities, as
well as this proposed rule change, the Exchange has been issuing
notifications to member organizations regarding the transition to
OATS. Specifically, the Exchange has provided and continues to
provide member organizations with details of technological changes
that they would need to make both [sic] to comply with the OATS
requirements. See e.g., NYSE Euronext Trader Updates dated June 7
and September 1, 2011, available at http://markets.nyx.com/nyse/trader-updates/view/9760, and http://markets.nyx.com/nyse/trader-updates/view/10099, respectively.
    \11\ The Exchange further notes that the proposed rule change
would exempt from the OATS requirements those orders received by
firms that waived into FINRA membership pursuant to NASD IM-l013-l
or IM-l013-2 and that limit their business operations to ``permitted
floor activities.'' Although these orders would not be required to
be reported to OATS under the proposed rule change, much of the
information regarding these orders once they are routed to the
Exchange would be captured by the Exchange's Front End Systemic
Capture System (``FESC'') pursuant to NYSE Rule 123(e).
Consequently, information about the order would either be captured
by FESC or be reported to OATS. FINRA's existing surveillances
already review certain Floor broker trading activity based on FESC
data and not OTS data; therefore, the change to OATS will not impact
these Floor broker surveillances.

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    The proposed NYSE Rule 7400 Series consists of NYSE Rules 7410
through 7470. Proposed NYSE Rule 7410 includes certain definitions to
harmonize the NYSE Rule 7400 Series with the FINRA Rule 7400 Series.
Proposed NYSE Rule 7410 will include all of the definitions of FINRA
Rule 7410, with a few additions. In particular, FINRA Rule 7410(g) and
(m) cross reference Exchange rules for the definitions of index
arbitrage and program trading. Because the Exchange will be deleting
the rules that include those definitions, the Exchange proposes to move
the definitions, unchanged, from Rule 132B.10 to proposed NYSE Rule
7410(g) and (m). In addition, similar to NASDAQ Rule 6951(n), the
Exchange proposes to add a definition of a proprietary trading firm in
NYSE Rule 7410(p). Finally, for clarity, the Exchange proposes to add a
definition of ``Exchange System,'' to mean the service provided by the
Exchange that provides for the automated execution and reporting of
transactions in NMS stocks.
    Proposed NYSE Rule 7420 establishes the applicability of the rule
to all member organizations and their associated persons and all
executed or unexecuted orders for all NMS stocks traded on the
Exchange. To harmonize fully with the FINRA requirements, the Exchange
proposes to add Supplementary Material .01 with the definition of
``associated person,'' which is not currently defined under the NYSE
rules.
    Proposed NYSE Rule 7430, which is substantially the same as FINRA
Rule 7430, requires member organizations to synchronize and maintain
their business clocks that are used for purposes of recording the date
and time of any event that must be recorded pursuant to the NYSE rules
with reference to a time source designated by the Exchange.
    Proposed NYSE Rule 7440, which is based on Nasdaq Rule 6954,
incorporates the FINRA Rule 7440 order data recording requirements.
FINRA Rule 7440 requires members to record specified order information,
including order origination and receipt information and order
transmittal information, in a format specified by FINRA. Proposed NYSE
Rule 7440 makes clear that pursuant to NYSE Rule 0 and the Exchange's
Regulatory Services Agreement with FINRA, FINRA will continue to
capture order information on behalf of the Exchange and that FINRA
Rules 7420 through 7460 will be construed as NYSE Rules 7420 through
7460 for compliance purposes. As such, complying with FINRA Rule 7440
and submitting OATS reports to FINRA will meet the requirements of
proposed NYSE Rule 7440; Dual Members will not need to make separate
submissions to the Exchange. Proposed NYSE Rule 7440 requires member
organizations to assign and enter a unique order identifier to all
orders that are electronically transmitted to the Exchange System.
Member organizations already use such unique order identifiers when
submitting orders to the Exchange and such unique order identifiers
will be linked to work with OATS data; thus, the proposed rule change
would not impose new or different requirements than currently exist.
    As with proposed NYSE Rule 7440, proposed NYSE Rule 7450 requires
member organizations to comply with the FINRA Rule 7450 order data
transmission requirements as if FINRA Rule 7450 were part of the
Exchange's rules. Accordingly, Dual Members who meet the FINRA order
data submission requirements will also be meeting the Exchange order
data transmission requirements. Similar to Nasdaq Rule 6955, proposed
NYSE Rule 7450 will require Proprietary Trading Firms to comply with
the order data transmission requirements only when they receive a
request from the Exchange, i.e., FINRA, to submit order information.
    Proposed NYSE Rule 7460, which is substantially the same as FINRA
Rule 7460, states that a violation of the OATS Rules is a violation of
NYSE Rule 2010.
    Finally, proposed NYSE Rule 7470 establishes the exemptions to the
order recording and data transmission requirements for manual orders if
the exemption is consistent with the protection of investors and the
public interest, subject to certain criteria. The exemption is limited
to a period of two years; however, subsequent exemptions may be
requested. This proposed rule is also substantially the same as FINRA
Rule 7470.
    The Exchange proposes several technical changes to FINRA's OATS
rule text. First, for consistency with Exchange rules, the Exchange
proposes to (i) change all references from ``members'' to ``member
organizations'' and from ``FINRA'' or ``NASDAQ'' to ``the Exchange,''
\12\ respectively, (ii) add or modify the definitions for ``Exchange
System,'' ``Proprietary Trading Firm,'' ``associated person,'' ``Index
Arbitrage'' and ``Program Trading,'' as described above and (iii)
delete references to ``OTC equity security,'' which do [sic] not trade
at the Exchange and thus is a moot reference. Second, rather than adopt
the full text of FINRA Rules 7440 and 7450, which detail the recording
of order information and order data transmission requirements, the
Exchange modeled its proposed Rules 7440 and 7450 on NASDAQ's Rules
6954 and 6955, which instead cross-reference such requirements.\13\
Third, consistent with a recent FINRA rule filing, the Exchange has
adopted the July 10, 2015 extension date in NYSE Rule 7470.\14\
Finally, the Exchange proposes to delete its OTS requirements as set
forth in NYSE Rules 132A,\15\ 132B, and 132C and make conforming
amendments in NYSE Rules 70, 98, 123, and 1600 which contain references
to NYSE Rule 132B.
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    \12\ The Exchange notes that pursuant to NYSE Rule 0, references
to the ``Exchange'' in its rules may also refer to FINRA. The
Exchange will advise member organizations via an Information Memo
whether a reference to the Exchange in the proposed Rule 7400 Series
will require a member organization to report directly to the
Exchange or to FINRA on the Exchange's behalf. However, the Exchange
anticipates that all OATS reporting will be submitted directly to
FINRA, on behalf of the Exchange. To the extent that the Exchange or
any of its facilities collect OATS data on behalf of member
organizations, such information will be used for regulatory purposes
only.
    \13\ See Securities Exchange Act Release No. 53128 (Jan. 13,
2006), 71 FR 3550 (Jan. 23, 2006) (File No. 10-131).
    \14\ See Securities Exchange Act Release No. 64717 (June 21,
2011), 76 FR 37384 (June 27, 2011) (SR-FINRA-2011-029).
    \15\ NYSE Rule 132A (Synchronization of Member Business Clocks)
is being replaced by proposed Rule 7430 (Synchronization of Member
Organization Business Clocks).
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    The Exchange proposes to implement the NYSE Rule 7400 Series at the
same time that FINRA implements its Rule 7400 Series amendments.\16\
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    \16\ FINRA has announced that it will begin to phase-in the new
recording and reporting requirements under its Rule 7400 Series
beginning on October 17, 2011. See SR-FINRA-2011-055. FINRA also has
announced that members may elect to report all NMS stocks beginning
on October 17, 2011; however, only those securities required to be
reported within each phase will be subject to all OATS matching
processing, with all NMS stocks being reported by November 28, 2011.
See http://www.finra.org/Industry/Compliance/MarketTransparency/OATS/OATSReport/P124073. Until a security is phased-in in accordance
with FINRA's schedule, NYSE member organizations must continue to
comply with OTS Rules. In other words, NYSE member organizations may
not use OATS for all securities on October 17, 2011.
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the

Securities Exchange Act of 1934 (the ``Act''),\17\ in general, and
furthers the objectives of Section 6(b)(5),\18\ in particular, in that
it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, and to remove impediments to and perfect
the mechanism of a free and open market and a national market system.
Specifically, the Exchange believes that the proposed rule change
supports the objectives of the Act by providing greater harmonization
between NYSE Rules and FINRA Rules of similar purpose, resulting in
less burdensome and more efficient regulatory compliance. In
particular, Dual Members will no longer need to maintain separate
systems for reporting order audit trail information to the Exchange and
FINRA. Rather, beginning October 17, 2011, Dual Members will only need
to maintain a single system, OATS, and report all such OATS information
directly to FINRA, thereby reducing their regulatory burden. The
changes that Dual Members will be required to make for the FINRA OATS
requirements will meet the requirements of the Exchange's proposed
adoption of OATS. To the extent the Exchange has proposed changes that
differ from the FINRA version of the Rules, such changes are generally
technical in nature and do not change the substance of the proposed
NYSE Rules.
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    \17\ 15 U.S.C. 78f(b).
    \18\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \19\ and Rule 19b-
4(f)(6)(iii) \20\ thereunder.
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    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f)(6)(iii). Rule 19b-4(f)(6)(iii) requires
a self-regulatory organization to give the Commission written notice
of its intent to file the proposed rule change, along with a brief
description and text of the proposed rule change, at least five
business days prior to the date of filing of the proposed rule
change, or such shorter time, as designated by the Commission. The
Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \21\ normally
does not become operative for 30 days after the date of the filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\22\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Commission is waiving
the 30-day operative period.\23\ The Commission believes that waiving
the 30-day operative delay is consistent with the protection of
investors and the public interest as the waiver will allow the
Exchange's OATS requirements to be in place on the same date as the new
FINRA OATS requirements. Further, the Commission notes that the
proposed rule change is consistent with FINRA and Nasdaq rules
previously approved by the Commission. The Commission, therefore,
designates the proposed rule change to be operative upon filing with
the Commission.
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    \21\ 17 CFR 240.19b-4(f)(6).
    \22\ 17 CFR 240.19b-4(f)(6)(iii).
    \23\ For purposes only of waiving the operative delay of this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2011-49 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2011-49. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make availablepublicly. All
submissions should refer to File Number SR-NYSE-2011-49 and should be
submitted on or before November 7, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
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    \24\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-26670 Filed 10-14-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Notices]
[Pages 24761-24763]
[FR Doc No: 2017-10984]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80751; File No. SR-ISE-2017-41]

Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Regarding the
Opening Process

May 23, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on May 10, 2017, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I and II 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the trading hours and Opening
Process of Foreign Currency Index options and also amend a reference to
All-or-None Orders.
    The text of the proposed rule change is available on the Exchange's
Web site at www.ise.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this rule change is to amend: (i) The trading hours,
including during the Opening Process, of Foreign Currency Index
options; and (ii) a specific rule text reference in Rule 701 related to
All-or-None Orders.

Foreign Currency Options

    ISE Rule 2008, ``Trading Sessions,'' among other things, governs
transactions in Foreign Currency Index options. The rule provides that
such product may be effected on the Exchange between the hours of 7:30
a.m. Eastern Time and 4:15 p.m. Eastern Time. ISE Rule 2210, ``Trading
Sessions,'' notes that ``[e]xcept as otherwise provided in this Rule
[2210] or under unusual conditions as may be determined by an Exchange
official or his designee, transactions in foreign currency options may
be effected on the Exchange between the hours of 7:30 a.m. and 4:15
p.m. Eastern time, except on the last day of trading during expiration
week, in which case trading shall cease at 12.00 p.m. Eastern time.''
    At this time, the Exchange proposes to amend ISE Rules 2008 and
2010 so that Foreign Currency Index options will start trading at 9:30
AM Eastern Time instead of 7:30 a.m. Eastern Time. The purpose of this
rule change is to conform the start time for the trading of Foreign
Currency Options to that of other products.
    Likewise, ISE Rule 701, ``Opening,'' which was recently
approved,\3\ provides that Market Maker Valid Width Quotes and Opening
Sweeps received starting at 9:25 a.m. Eastern Time, or 7:25 a.m.

Eastern Time for U.S. dollar-settled foreign currency options, will be
included in the Opening Process. Orders entered at any time before an
option series opens are included in the Opening Process. The current
Opening Process rule states that the submission of Valid Width Quotes
and Opening Sweeps for U.S. dollar-settled foreign currency options may
begin at 7:25 a.m. Eastern Time to tie the option Opening Process to
quoting in the underlying security; \4\ it presumes that option quotes
submitted before any indicative quotes have been disseminated for the
underlying security may not be reliable or intentional. The Exchange
proposes to amend ISE Rule 701 so that the Opening Process for foreign
currency options would initiate on or after 9:30 a.m. Eastern Time and
the Market Maker Valid Width Quotes and Opening Sweeps would be
considered for the Opening Process starting at 9:25 a.m. Eastern Time
for foreign currency options.
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    \3\ See Securities Exchange Act Release No. 80225; (March 13,
2017), 82 FR 14243 (March 17, 2017) (SR-ISE-2017-02) (Order
Approving Proposed Rule Change, as Modified by Amendment No. 1, To
Amend the Exchange Opening Process).
    \4\ The underlying security can also be an index.
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All-or-None Orders

    The Exchange also proposes to amend ISE Rule 701 to remove a
specific reference to the manner in which All-or-None Orders will be
treated in the Opening Process. The Exchange recently filed a proposed
rule change to amend All-or-None Orders.\5\ The Exchange amended Rule
715(c) to provide that an All-or-None Order may only be entered into
the System with a time-in-force designation of Immediate-or-Cancel \6\
Order in connection with the Exchange's technology migration to INET.
At the time that SR-ISE-2017-02 was filed, All-or-None Orders were not
restricted and could trade as a limit or market order to be executed in
its entirety or not at all. With this amendment, an All-or-None Order
would not persist in the Order Book and would therefore be treated the
same as any other Immediate or Cancel Order. The carve out specified in
Rule 701(j)(6)(i) is unnecessary since an All-or-None Order would be
executed immediately or cancel similar to other orders which trade in
the same manner. The Exchange believes removing this reference will
eliminate confusion.
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    \5\ See Securities Exchange Act Release No. 80432 (April 11,
2017), 82 FR 18191 (April 17, 2017) (SR-ISE-2017-03) (Order
Approving Proposed Rule Change, as Modified by Amendment No. 1, to
Amend Various Rules in Connection with a System Migration to Nasdaq
INET Technology).
    \6\ An Immediate-or-Cancel Order is a limit order that is to be
executed in whole or in part upon receipt. Any portion not so
executed is to be treated as cancelled.
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Implementation

    Both SR-ISE-2017-02 and SR-ISE-2017-03 will be implemented in Q2
2017 in connection with a system migration to INET. The migration will
be on a symbol by symbol basis, and the Exchange will issue an alert to
Members to provide notification of the symbols that will migrate and
the relevant dates. The Exchange proposes these amendments to be
operative on the same dates as symbols migrate to INET.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\7\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\8\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest
for the reasons stated below.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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Foreign Currency Options

    The Exchange believes that the proposed rule change is consistent
with the Act in that it will remove impediments to and perfect the
mechanism of a free and open market and a national market system, to
initiate the Opening Process for foreign currency options at 9:30 a.m.
Eastern Time and accept Market Maker Valid Width Quotes and Opening
Sweeps at 9:25 a.m. Eastern Time for foreign currency options similar
to the manner in which other options trade today. Today, on NASDAQ
PHLX, LLC (``Phlx''), foreign currency options trade similar to other
options.\9\ The Exchange believes that conforming the Opening Process
and trading hours for foreign currency options to that of other options
will conform the trading rules so all products would trade during the
same session. The Exchange believes trading all options on the same
Opening Process schedule promotes just and equitable principles of
trade because all options will continue to be available to participants
for trading on ISE.
---------------------------------------------------------------------------

    \9\ See Phlx Rules 1014 and 1017. On Phlx, the Specialist
assigned in a particular U.S. dollar-settled FCO must enter a Valid
Width Quote not later than 30 seconds after the announced market
opening. Also, on Phlx, the Opening Process for an option series
will be conducted within two minutes of market opening in the case
of U.S. dollar-settled FCO or such shorter time as determined by the
Exchange and disseminated to membership on the Exchange's Web site.
---------------------------------------------------------------------------

All-or-None Orders

    The Exchange believes that it is consistent with the Act to remove
an unnecessary and confusing reference to Rule 701 in connection with
All-or-None Orders, since these orders will now immediately trade or
cancel. The Exchange originally made clear the manner in which All-or-
None Orders would trade in the Opening Process because this order type
trades differently as compared to other order types. That distinction
has become unnecessary because All-or-None Orders trade the same as
other Immediate or Cancel Orders. By updating the rule to remove an
unnecessary distinction will protect investors and the public interest
by clarifying the rule.

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

    The Exchange does not believe that the proposed rule change will
impose any undue burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The proposal does not change
the intense competition that exists among the options markets for
options business including with respect to transacting foreign currency
options. In addition, all market participants submitting All-or-None
Orders in the Opening Process will receive similar treatment with
respect to those orders.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \10\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.

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

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \12\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \13\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest as
it will allow the Exchange to implement the proposed rule change in
coordination with a symbol by symbol transition to the INET technology
in the second quarter of 2017. Accordingly, the Commission hereby
waives the operative delay and designates the proposal operative upon
filing.\14\
---------------------------------------------------------------------------

    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2017-41 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2017-41. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISE-2017-41 and should be
submitted on or before June 20, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-10984 Filed 5-26-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 140 (Tuesday, July 22, 2014)]
[Notices]
[Page 42508]
[FR Doc No: 2014-17198]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP14-1096-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Remove X-270 and X-276 References to be effective 7/1/
2014.
    Filed Date: 7/10/14.
    Accession Number: 20140710-5045.
    Comments Due: 5 p.m. ET 7/22/14.

    Docket Numbers: RP14-1097-000.
    Applicants: Questar Pipeline Company.
    Description: Non-Conforming TSAs version 6.0.0 to be effective 7/1/
2014.
    Filed Date: 7/10/14.
    Accession Number: 20140710-5050.
    Comments Due: 5 p.m. ET 7/22/14.

    Docket Numbers: RP14-1098-000.
    Applicants: Cameron Interstate Pipeline, LLC.
    Description: Cameron Interstate Pipeline New Section 8.41
Termination Provision to be effective 8/1/2014.
    Filed Date: 7/10/14.
    Accession Number: 20140710-5089.
    Comments Due: 5 p.m. ET 7/22/14.

    Docket Numbers: RP14-1099-000.
    Applicants: ANR Pipeline Company.
    Description: Part 6.2.10--GT&C, Sale of Service, Revision to be
effective 8/11/2014.
    Filed Date: 7/10/14.
    Accession Number: 20140710-5122.
    Comments Due: 5 p.m. ET 7/22/14.

    Docket Numbers: RP14-1100-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Correct Section Reference in GT&C Section 4.1(I)(2) to
be effective 8/10/2014.
    Filed Date: 7/10/14.
    Accession Number: 20140710-5147.
    Comments Due: 5 p.m. ET 7/22/14.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR Sec.  385.211 and Sec.  385.214) on or
before 5:00 p.m. Eastern time on the specified comment date. Protests
may be considered, but intervention is necessary to become a party to
the proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP14-1017-001.
    Applicants: Columbia Gas Transmission, LLC.
    Description: PAL Allocation Compliance Filing to be effective 7/1/
2014.
    Filed Date: 7/11/14.
    Accession Number: 20140711-5024.
    Comments Due: 5 p.m. ET 7/23/14.

    Docket Numbers: RP14-1018-001.
    Applicants: Columbia Gulf Transmission, LLC.
    Description: PAL Allocation Compliance Filing to be effective 7/1/
2014.
    Filed Date: 7/11/14.
    Accession Number: 20140711-5028.
    Comments Due: 5 p.m. ET 7/23/14.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR Sec.  385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 14, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-17198 Filed 7-21-14; 8:45 am]
BILLING CODE 6717-01-P


64
                                    Non-Cat
                                     2.90
                                                                             65
                                    Non-Cat
                                     2.90
                                                                             66
                                    Non-Cat
                                     3.00
                                                                             67
                                    Non-Cat
                                     3.00
                                                                             68
                                    Non-Cat
                                     3.00
                                                                             69
                                    Non-Cat
                                     3.00
                                                                             70
                                    Non-Cat
                                     3.01
                                                                             71
                                    Non-Cat
                                     3.06
                                                                             72
                                    Non-Cat
                                     3.10
                                                                             73
                                    Pellet
                                     3.10
                                                                             74
                                    Non-Cat
                                     3.10
                                                                             75
                                    Pellet
                                     3.10
                                                                             76
                                    Non-Cat
                                     3.10
                                                                             77
                                    Non-Cat
                                     3.10
                                                                             78
                                    Non-Cat
                                     3.10
                                                                             79
                                    Non-Cat
                                     3.20
                                                                             80
                                    Non-Cat
                                     3.30
                                                                             81
                                    Non-Cat
                                     3.35
                                                                             82
                                    Non-Cat
                                     3.40
                                                                             83
                                    Non-Cat
                                     3.40
                                                                             84
                                    Non-Cat
                                     3.40
                                                                             85
                                    Non-Cat
                                     3.40
                                                                             86
                                    Non-Cat
                                     3.47
                                                                             87
                                    Non-Cat
                                     3.50
                                                                             88
                                    Non-Cat
                                     3.50
                                                                             89
                                    Non-Cat
                                     3.50
                                                                             90
                                    Non-Cat
                                     3.50
                                                                             91
                                    Non-Cat
                                     3.60
                                                                             92
                                    Non-Cat
                                     3.60
                                                                             93
                                    Non-Cat
                                     3.60
                                                                             94
                                    Non-Cat
                                     3.60
                                                                             95
                                    Non-Cat
                                     3.60
                                                                             96
                                    Non-Cat
                                     3.60
                                                                             97
                                    Non-Cat
                                     3.60
                                                                             98
                                    Non-Cat
                                     3.70
                                                                             99
                                     Cat.
                                     3.70
                                                                            100
                                    Non-Cat
                                     3.71
                                                                            101
                                    Non-Cat
                                     3.72
                                                                            102
                                    Non-Cat
                                     3.80
                                                                            103
                                    Non-Cat
                                     3.80
                                                                            104
                                    Non-Cat
                                     3.80
                                                                            105
                                    Non-Cat
                                     3.90
                                                                            106
                                    Non-Cat
                                     3.90
                                                                            107
                                    Non-Cat
                                     4.00
                                                                            108
                                    Non-Cat
                                     4.00
                                                                            109
                                    Non-Cat
                                     4.00
                                                                            110
                                    Pellet
                                     4.00
                                                                            111
                                    Non-Cat
                                     4.10
                                                                            112
                                     Cat.
                                     4.10
                                                                            113
                                    Non-Cat
                                     4.10
                                                                            114
                                    Non-Cat
                                     4.10
                                                                            115
                                    Non-Cat
                                     4.18
                                                                            116
                                    Non-Cat
                                     4.19
                                                                            117
                                    Non-Cat
                                     4.20
                                                                            118
                                    Non-Cat
                                     4.20
                                                                            119
                                    Non-Cat
                                     4.20
                                                                            120
                                    Non-Cat
                                     4.30
                                                                            121
                                    Non-Cat
                                     4.30
                                                                            122
                                    Non-Cat
                                     4.31
                                                                            123
                                    Non-Cat
                                     4.40
                                                                            124
                                    Non-Cat
                                     4.40
                                                                            125
                                    Non-Cat
                                     4.40
                                                                            126
                                    Non-Cat
                                     4.40
                                                                            127
                                    Non-Cat
                                     4.40
                                                                            128
                                    Non-Cat
                                     4.50
                                                                            129
                                    Non-Cat
                                     4.50
                                                                            130
                                    Non-Cat
                                     4.50
                                                                            131
                                    Non-Cat
                                     4.70
                                                                            132
                                    Non-Cat
                                     4.80
                                                                            133
                                    Non-Cat
                                     4.80
                                                                            134
                                    Non-Cat
                                     5.10
                                                                            135
                                    Non-Cat
                                     5.20
                                                                            136
                                    Non-Cat
                                     5.30
                                                                            137
                                    Non-Cat
                                     5.50
                                                                            138
                                    Pellet
                                     5.50
                                                                            139
                                    Non-Cat
                                     5.90
                                                                            140
                                    Non-Cat
                                     6.00
                                                                            141
                                    Non-Cat
                                     6.00
                                                                            142
                                    Non-Cat
                                     6.10
                                                                            143
                                    Non-Cat
                                     6.90
                                                                            144
                                    Non-Cat
                                     7.30
                                                                            145
                                    Non-Cat
                                     7.50

               Table AA-2. Catalytic Stove Emissions (HPBA Data)

                                     Rank
                                     Type
                               EPA M28 Weighted

                                Cat. / Non. Cat
                                Avg. Emissions

                                   or Pellet
                                    g/hour
                                                                              1
                                     Cat.
                                     0.80
                                                                              2
                                     Cat.
                                     1.10
                                                                              3
                                     Cat.
                                     1.30
                                                                              4
                                     Cat.
                                     1.35
                                                                              5
                                     Cat.
                                     1.40
                                                                              6
                                     Cat.
                                     1.60
                                                                              7
                                     Cat.
                                     1.90
                                                                              8
                                     Cat.
                                     2.00
                                                                              9
                                     Cat.
                                     2.10
                                                                             10
                                     Cat.
                                     2.10
                                                                             11
                                     Cat.
                                     2.40
                                                                             12
                                     Cat.
                                     2.40
                                                                             13
                                     Cat.
                                     2.50
                                                                             14
                                     Cat.
                                     3.70
                                                                             15
                                     Cat.
                                     4.10

                Table AA-3. Pellet Stove Emissions (HPBA Data)

                                     Rank
                                     Type
                               EPA M28 Weighted

                                Cat. / Non. Cat
                                Avg. Emissions

                                   or Pellet
                                    g/hour
                                                                              1
                                    Pellet
                                     1.00
                                                                              2
                                    Pellet
                                     1.10
                                                                              3
                                    Pellet
                                     1.10
                                                                              4
                                    Pellet
                                     1.15
                                                                              5
                                    Pellet
                                     1.20
                                                                              6
                                    Pellet
                                     1.20
                                                                              7
                                    Pellet
                                     1.30
                                                                              8
                                    Pellet
                                     1.40
                                                                              9
                                    Pellet
                                     1.40
                                                                             10
                                    Pellet
                                     1.50
                                                                             11
                                    Pellet
                                     1.60
                                                                             12
                                    Pellet
                                     1.60
                                                                             13
                                    Pellet
                                     1.60
                                                                             14
                                    Pellet
                                     1.67
                                                                             15
                                    Pellet
                                     1.70
                                                                             16
                                    Pellet
                                     1.80
                                                                             17
                                    Pellet
                                     2.00
                                                                             18
                                    Pellet
                                     2.20
                                                                             19
                                    Pellet
                                     2.30
                                                                             20
                                    Pellet
                                     2.60
                                                                             21
                                    Pellet
                                     3.10
                                                                             22
                                    Pellet
                                     3.10
                                                                             23
                                    Pellet
                                     4.00
                                                                             24
                                    Pellet
                                     5.50